VZCZCXYZ0001
PP RUEHWEB

DE RUCNDT #2149/01 3172344
ZNR UUUUU ZZH
P 132344Z NOV 06
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 0736
INFO RUEHNR/AMEMBASSY NAIROBI PRIORITY 0517

UNCLAS USUN NEW YORK 002149 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR IO/UNP AND L/DL 
 
E.O. 12958: N/A 
TAGS: OFDP UN KE
SUBJECT: CHILD ABUSE CASE HEADED FOR PROBABLE RESOLUTION 
 
 
¶1.  Summary: USUN received a call from NYPD Saturday night 
(11/11) that Kenya Mission to the UN Second Secretary 
Fredrick Matwang'a had been temporarily taken into custody 
for allegedly beating and causing injury to his nine-year-old 
son at their Queens home.  NYPD released Matwang'a once his 
diplomatic status was confirmed.  Both Matwang'a's son and 
three-year old daughter were transferred to NYC'S 
Administration for Children's Services (ACS) in protective 
custody pending further assessment.  On Monday (11/13) 
Matwang'a and his wife, accompanied by Kenya MUN's DPR and a 
legal afffairs officer, Karen Odaba-Mosoti, met at the 
offices of the NYC Commission for the United Nations, 
Consular Corps and Protocol(NYCC) with NYCC, ACS and USUN 
officials.  Matwang'a and his wife gave voluntary written 
consent to the temporary removal of the children (without 
waiving any privileges and immunities) until Wednesday 
(11/15), at which time further action, based on the ACS 
assessment, will be discussed.  The New York Post has 
reported two articles on the incident, which has been carried 
by Associated Press and picked up by many other newspapers 
and media outlets.  USUN will keep Department informed of 
further developments.  End summary. 
 
¶2.  Matwang'a is alleged to have beaten his nine-year-old 
son, Newton Lusambili, on the head with a wooden stick, 
causing a laceration to his head, and to have chased him 
through the house with a knife.  Press reports indicate that 
the child sought refuge with a neighbor, but upon not 
receiving entry from the frightened neighbor, hid in an alley 
behind the neighbor's house.  The press accounts also state 
that the boy's father appeared at the neighbor's door looking 
for his son.  The neighbor, not believing the father's calm 
demeanor and also fearing for the boy's safety, directed the 
father in an opposite direction and then contacted the 
police.  The police took the father into custody and took the 
child to the hospital, where he was treated and released to 
NYPD and transferred to the protective custody of NYC's ACS 
along with his three year-old sister, Juliana Matwang'a. 
 
¶3.  USUN spoke with NYCC officials as well as with the Kenyan 
Permanent Representative to the UN, Ambassador Zachary Muita, 
urging his Mission's full cooperation.  ACS has decided to 
allow the children to reside temporarily with Kenyan Mission 
legal officer, Karen Odaba-Mosoti, on the understanding that 
the father is to have no contact with either child pending 
the results of an ACS assessment to be conducted between now 
and Wednesday.  The mother will be allowed to visit the 
children at Ms. Odaba-Mosoti's residence, and pending the 
results of the ACS assessment, may be allowed to reside with 
Ms. Odaba- Mosoti after Wednesday.  Mr. and Mrs. Matwang'a 
signed an agreement, the text of which appears in paragraph 6 
below.  The agreement was drafted by NYC officials after the 
Kenyan Mission expressed reluctance to sign the standard NYC 
removal agreement on the grounds that the language appearing 
within suggested that the family's immunities had been waived. 
 
¶4.  The New York Post article of November 13, 2006, and the 
AP report both mentioned the possibility of NYC prosecuting 
Mr. Matwang'a if Kenya lifts his immunity or of having him 
expelled.  New York City officials are not contemplating any 
such step.  The AP report has been  disseminated widely in 
newspapers and other media outlets. 
 
¶5.  Comment: Throughout discussions with the Matwang'a's and 
the Kenyan Mission to the UN representatives, the USUN, ACS 
and NYCC officials emphasized that the welfare of the 
children was the paramount, overriding concern and that the 
assessment undertaken is part of a process designed to unify 
and strengthen families by providing a development plan 
(e.g., counseling, anger management training, etc.) to bring 
about a result that would enable there to be a safe, secure 
environment for the children and parents to move forward. 
USUN will keep Department informed of further developments. 
End comment. 
 
¶6. Begin text of the agreement - 
 
Consent to temporary removal of children by the New York City 
Administration for Children's Services 
 
We, Caroline Matwanga and Fredrick Matwanga, being the 
parents of Newton Lusambili and Jiliana Matwanga, understand 
that the New York City Administration for Children's Services 
(ACS) is temporarily removing our children from our place of 
residence for the purpose of placing them im protective 
custody.  We consent to such removal and further understand 
that this consent is temporary and remains in effect until 
Wednesday, November 15, 2006 at which point it will be 
followed up with such further actions as are necessary for 
the protection of the children.  The voluntary consent is not 
 
a waiver of privileges and immunities. 
 
Signed and dated by both Caroline and Fredrick Matwang'a 
 
End text 
BOLTON