Arrest of two KQ staff by Congo military sparks diplomatic tiff

A major diplomatic row between Kenya and the Democratic Republic of Congo is in the offing following the detention of two Kenya Airways staff.

Congo’s Military Intelligence Unit arrested the two on allegations of failing to comply with the country’s export laws.

The KQ staff were accused of contravening Customs laws by not completing documentation relating to what the carrier only termed as valuable cargo. 

Kenya has protested the arrest, with the airline terming it as harassment targeting its staff while the Foreign Affairs Ministry said it takes great exception to the detention of Kenyans who it noted were lawfully carrying out their duties. 

In a statement on Friday, KQ said the employees were last Friday arrested at its airport office in Kinshasa by the military. The carrier explained that the staff were arrested for allegedly missing Customs documentation on valuable cargo that was to be transported on a KQ flight on April 12. 

KQ said it had not taken possession of the said cargo, which was still with the logistics handler who was taking it through the documentation process. 

“During their arrest, their phones were seized and all access to them was denied. On April 23, 2024, the Kenyan embassy officials and a few KQ staff were allowed to visit them but only for a few  minutes,” said Chief Executive Officer Allan Kilavuka. 

“We are perturbed by this action targeting innocent staff and consider it harassment targeting Kenya Airways’ business.”

Defiance military

The airline further said it had on April 24 filed an application in the military court for the two to be released unconditionally. The court granted KQ’s request for the staff to be released while investigations went on. 

“Despite the court orders, the Military Intelligence Unit is still holding them incommunicado, yet these are civilians being held in a military intelligence facility,” said Kilavuka. 

The airline wondered why the arrests were made yet the cargo in dispute was not in the company’s possession. 

“This cargo was still in the baggage section undergoing clearance when the security team arrived and alleged that KQ was transporting cargo without customs clearance,” said Kilavuka, adding that efforts to explain this to the military officers was futile as they went ahead and arrested its staff. 

“The military officers took the two employees to the military side of the air wing to record statements. They were held incommunicado until April 23, when the embassy officials and KQ team were allowed to visit them.”

Kilavuka said KQ adheres to international best practices in handling and transporting cargo. This includes stringent process and compliance checks that ensures that the cargo ferried on its flights meet the statutory requirements of the countries they are being transported to. These rules, the carrier said, also dictate that it cannot accept cargo until it gets Customs endorsement.

“All cargo must pass the ‘Ready for Carriage’ compliance checks before KQ accepts it, and this is the responsibility of the shipper or logistics partner, not KQ,” said Kilavuka. 

Thankless neighbour

The Principal Secretary for Foreign Affairs said the Kenyan embassy in Kinshasa was following up on the matter and that the government was committed to protecting its citizens abroad. 

“Kenya takes great exception to the arrest and detention of its nationals lawfully carrying out commercial activities in the Democratic Republic of Congo by authorities in DRC,” said Dr Korir Sing’oei on X.

“Our Mission in Kinshasa is engaging actively on the matter. The government reaffirms its commitment to protecting our citizens working abroad.”

Nelson Koech, Chairperson of the National Assembly Defence, Intelligence and Foreign Relations Committee, said DR Congo should immediately release the two Kenyans that he said are being held illegally.

“This is a serious infringement of the rights of the two Kenyans and a worrying breach of the diplomatic principles upon which the Kenya-DRC relations are founded,” he said. 

“The said cargo was not in KQ’s possession at the time of the two employees’ arrest, raising serious questions on the legality and justifiability for the incarceration of the two Kenyans by the DRC Military.”

He added that Congo was acting in bad faith considering its East African neighbours have extended hospitality to the country.

“Indeed, DRC has been one of the region’s top beneficiaries of the Kenyan spirit of hospitality with Congolese citizens freely living in and earning their livelihoods in Kenya without any harassment by our authorities,” he said. 

“Not too long ago the Kenya Defence Forces (KDF) were involved in efforts to restore peace in Eastern DRC under the umbrella of the East African Community Regional Force (ECRAF). At the very least gesture of reciprocity to this goodwill, we expect DRC authorities to humanely treat Kenyans earning legitimate livelihoods in DRC.”

Koech also protested the arrest of civilians by the military.

While the valuable cargo that was set to be irregularly exported from DR Congo has not been revealed, Kenya and DR Congo have on several occasions been at each other’s case over the smuggling of minerals, especially gold, from Congo. 

Embarrassing incidents

One such embarrassing instance was in 2011 when the then DRC President Joseph Kabila paid Kenya a surprise visit, reportedly searching for 2.5 tonnes of gold that had been smuggled from his country. 

A September 2023 report by the Global Initiative Against Transnational Organised Crime noted that gold smuggled out of DR Congo finds its way into Nairobi. 

“Kenya plays a major role in the regional illicit gold trade, and Kenyan nationals have routinely been named in UN sanctions reports. On one infamous occasion, the smuggling of Congolese gold through Kenya caused a diplomatic incident,” said the report. 

According to a German geoscience institute, artisanal miners in Congo produce a staggering 15 to 22 tonnes of gold per year whose value is estimated at between $940 million and $1.38 billion.

Another instance where gold smuggling embarrassed Kenya was in 2019, when a consignment that was said to have belonged to a United Arab Emirates company, whose director had relations with the emir of Dubai Sheikh Mohammed Al-Makhtoum, was reportedly detained at the Jomo Kenyatta International Airport (JKIA). It later turned out that there  was no consignment and the scammers were using the JKIA seizure to take the Dubai royal family in circles.

The names of former President Uhuru Kenyatta and former Prime Minister Raila Odinga were dragged into the mess and at some point met the emir of Dubai.

“Gold swindles have on occasion escalated into embarrassing diplomatic rows,” said the Global Initiative report on the many fires Kenya has had to fight due to foreigners being scammed.

“Dubai is by far the most popular destination for smuggled East African gold, due to its status as a tax haven as well as a key aviation hub.”