12th March 2012 1. Hon. Moses Wetangula Minister of Foreign Affairs Old Treasury Building Harambee Avenue P.O.

BOX 30551-00100 NAIROBI 2. Hon. Mutula Kilonzo, Minister of Justice, National Cohesion and Constitutional Affairs co-Operative Bank House 7th Floor Haile Selassie Avenue P.O. BOX 56057-00200 NAIROBI
3.

Hon. Prof Githu Muigai, Attorney General Attorney Generals Chambers State Law Office, Sheria House P.O. BOX 40112 - 00100 NAIROBI

4. Mr. Keriako Tobiko, Director of Public Prosecutions State Law Office P.O. Box 40112 NAIROBI. Dear Sir, RE: FABIAN THIERRY GHISLAIN PHILIPPART The above named person is a Belgian Citizen currently employed as the General Manager at Kofinaf Company Limited in Ruiru. The Embassy has learnt with profound regret that this morning, he was arraigned before the Chief Magistrates Court in Thika (Criminal Case No. 1133 of 2012) and charged with an alleged

offence of wrongful confinement contrary to Section 263 of the Penal Code, Cap 63 of the Laws of Kenya. The particulars of the offence are that on the 12th say of February 2012 in Kofinaf Company in Ruiru District within Kiambu County, he wrongfully confined one Stephen Mbugua Mwagiru. While there would be nothing unusual for Mr. Philippart to be charged in court if he commits an offence, we are disturbed by the facts leading to this unfortunate prosecution. The brief facts of this case as we understand it are as follows: On 12th February 2012 at about 1.00am, Mr. Philippart was woken up by loud bangs on his door at his private residence within Kofinaf Company premises. Upon checking, he identified one Stephen Mbugua Mwagiru banging his door while hurling insults at him demanding that he opens the door for him. Mr. Mwagiru who is a director of Kofinaf Company had been drinking at the Managers Club within the premises and was in the company of other people. Mr. Mr. Philippart refused to open for him and he left after about 30mins having broken a window pane in the Kitchen. The police were alerted and they immediately arrived at the scene where they carried out investigations. A complaint was the lodged with Ruiru Police Station being COMPLAINT REFERENCE NUMBER: OB21/18/02/2012 AT RUIRU POLICE STATION by Mr. Philippart. Later, Mr. Philippart and other witnesses recorded statements with the police giving an account of what had transpired. On 18th Febriary 2012, the said Mr. Mwagiru was arrested and thereafter released on cash bail to appear in court on 23rd February 2012 to be charged with the offence of malicious damage to property contrary to Section 339(1) and creating disturbance contrary to Section 95(1)(b) of the Penal Code, Cap 63 of the Laws of Kenya. However for unexplained reasons, he was not arraigned in court as scheduled. By a letter dated 24th February 2012, Mr. Philippart wrote to the Commissioner of Police complaining about the apparent failure to bring Mr. Mwagiru to justice. On Saturday 10th March 2012 at around 6.00am, a contingent of police officers in a convoy of 3 vehicles under command of the Officer Commanding Police Division, Ruiru visited Mr. Philipparts residence within Kofinaf and arrested him. They took me to Ruiru Police Station where his fingerprints were taken and he was later

released after paying a cash bail of Kshs.10,000/= pending appearance in court on Monday 12th March 2012. Mr. Philippart has learnt that contrary to the complaint that he had made against Mr. Mwagiru, the Provincial State Counsel at Nyeri had by a letter dated 27th February 2012 exonerated the said Mr. Mwagiru and now recommended that Mr. Philippart be charged with the offence of unlawfully confining the said Stephen Mbugua Mwagiru contrary to Section 263 of the Penal Code. This strange turn of events has traumatized Mr. Philippart and his family as well as the entire employees of Kofinaf Company Limited who are privy to the facts as stated above. Not only is it absurd that a complainant who is a victim of the criminal activities committed against him has now been made the victim, but it is also of grave concern that disproportionate force was used to apprehend him. Ordinarily, the Embassy will not interfere with the Countrys judicial processes but we strongly feel that this particular incident raises serious concerns on the fair administration of justice and the blatant violation of Mr. Philipparts rights. Obviously, this incident is a source of significant discomfort for the Belgian investors whose interests are represented by Mr. Philippart. We therefore write to request your urgent intervention in this matter and in particular an inquiry as to the circumstances that led to Mr. Philipparts tragic arrest and arraignment in court. Yours faithfully, Jan Desmadril