updated 11/13/2006 6:10:13 PM ET 2006-11-13T23:10:13

A Kenyan diplomat was taken into custody for allegedly beating his 9-year-old son but released because of his diplomatic immunity, police said Monday.

Fred Matwanga, the second secretary of the Kenyan mission to the United Nations, was taken into custody Saturday at his home in Queens, but released after police discovered he had a U.S. State Department-issued credential identifying him as a diplomat, police department spokesman Paul Browne said.

Despite Matwanga’s release, Administration for Children’s Services took custody of his children while city officials explored ways to still prosecute him or have him kicked out of the country, the New York Post reported Monday.

An ACS spokeswoman, Sharman Stein, refused to discuss the case with The Associated Press on Monday.

A call to the Kenyan mission to the United Nations was not returned Monday. A woman who answered the phone at the mission said Matwanga, 38, was not at work.

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