Kenya defends Goma diplomat nomination after DRC protest

The government has denied claims that it breached diplomatic protocols and international law in nominating Judy Kiara Nkumiri as the consul-general to Goma in the eastern Democratic Republic of Congo (DRC).

DRC protested the “inappropriate” move that may be interpreted as Kenya’s recognition of March 23 (M23) rebels who are vying for the control of the mineral-rich region with the government.

However, Foreign Affairs Cabinet Secretary Musalia Mudavadi maintained that President William Ruto’s deployment of diplomats, including ambassadors, high commissioners, consul-generals, and deputy heads of mission to 20 posts worldwide,  on Friday, August 15, was made in line with the Kenyan law and international treaties.

“Most significantly, the presidential nomination does not in itself constitute a diplomatic posting,” Mudavadi explained.

“In line with the Constitution of Kenya, diplomatic practice and protocol, once the nominee receives parliamentary approval, Kenya shall formally request for Agreement or acceptance by the applicable host states, including the DRC. In the case of Goma, the process will further require issuance of an Exequatur by the Government of DRC before Kenya’s Consul-General may assume official duties.”

DRC’s Foreign Affairs Ministry, in a statement dated August 16, expressed unease with the nomination, citing no prior consultations. 

Kinshasa argued that under the Vienna Convention on Consular Relations (1963), the appointment of a head of consular post must be preceded by the host country’s consent and authorization.

According to CS Mudavadi, Kenya has followed due process and the nominee is awaiting parliamentary vetting and approval.

“This is the transparent, meticulous, and democratic process that Kenya has consistently adhered to in conformity with our Constitution, diplomatic practice, and international norms,” Mudavadi said.

He further dismissed suggestions that the move was politically motivated or intended to undermine regional dynamics amid ongoing DRC peace efforts.

He revealed that he had already spoken with his Congolese counterpart, Foreign Affairs Minister Thérèse Kayikwamba Wagner, to provide clarification.