The Ministry of External Affairs on Friday said that it has urged Kenya to waive the legal immunity of a Kenyan diplomat’s son to allow for his prosecution over the alleged sexual assault of a minor girl in August.

“We have requested the Kenyan government to waive diplomatic immunity of the person concerned, so that the investigation in the matter can go forward, and we are pursuing this matter with the Kenyan government,” ministry spokesperson Randhir Jaiswal said.

The Class 12 student who studies at a South Delhi school is accused of sexually assaulting a five-year-old student in a school bus in August. The girl’s parents discovered the incident in September after their daughter complained of frequent urination, leading them to seek medical assistance in which where the sexual assault was confirmed, The Indian Express reported.

The minor was initially unable to name the alleged offender when the first information report was filed on September 19, The Print reported. She identified the son of the Kenyan diplomat in the matter in November.

The Class 12 student, who is believed to be an adult, has been booked under the Protection of Children from Sexual Offences Act and sections of the Bharatiya Nyaya Sanhita pertaining to sexual assault.

He was suspended from the school earlier in February following protests by the complainant’s family and other parents of children studying in the school. However, the investigation has not proceeded because of the legal immunity that protects diplomats and their families in foreign countries under international law.

The 1961 Vienna Convention on Diplomatic Relations states that “the immunity from jurisdiction of diplomatic agents and of persons enjoying immunity…may be waived by the sending State”.