Foreign soldiers who commit criminal offenses in Kenya will now be subject to local prosecution, as confirmed by Defence Cabinet Secretary Aden Duale.
In an appearance on Citizen TV’s JKL show, Duale discussed Agnes Wanjiru’s case and disclosed that the matter has progressed to the stage of criminal prosecution. He highlighted the active involvement of the Director of Public Prosecutions and Attorney General Justin Muturi in providing ongoing updates on the case.
“The matter is now within the purview of criminal jurisdiction,” Duale affirmed.
Agnes Wanjiru tragically lost her life in 2012 at Lions Court Hotel near Nanyuki town, reportedly at the hands of British soldiers.
Reflecting on lessons learned from Wanjiru’s case, Duale emphasized revisions in defense agreements with international partners.
“In all defense agreements with our partners and allies globally, we have introduced a clause on criminal jurisdiction. If an individual from a foreign force, such as the British forces or any other, commits a crime against our citizens on our soil, they will face charges and legal action under Kenyan law,” explained the Cabinet Secretary, referencing agreements endorsed by the cabinet, Attorney General, and National Security Council.
Wanjiru’s case, which has extended over several years, has incited widespread outrage among her family and the Kenyan public, who demand justice not only for her but also for others affected by alleged actions or oversights of the British army. This includes suspicions linking activities of the British Army Training Unit Kenya (BATUK) to a fire that devastated part of the Lolldaiga Hills Ranch in 2021.
BATUK Inquiry
In a concerted effort to expedite justice for these victims, the National Assembly’s Defence Committee initiated an inquiry into BATUK’s operations. The inquiry aims to investigate allegations of ethical breaches, prompted by numerous complaints from locals and stakeholders regarding the conduct of British soldiers.
Commencing in May of this year, the committee engaged a broad spectrum of stakeholders, including residents, civil society, the Kenya Defence Ministry, and the UK Embassy.
Four public hearings, held in proximity to the BATUK base, attracted hundreds of attendees who heard emotional testimonies detailing alleged misconduct by British soldiers.
The inquiry encompassed allegations ranging from breaches of operational integrity to abuse of power, torture, killings, and other human rights violations reported in Laikipia and Samburu Counties, where BATUK operates.
The inquiry’s scope also includes probing accusations of corruption, fraud, discrimination, and abuse of authority within BATUK, encompassing allegations of mistreatment, torture, unlawful detention, killings, or violations of internationally recognized human rights standards.
Committee members further assessed BATUK’s operational conduct, focusing on safety protocols, adherence to legal requirements, and compliance with established military standards.
Established in Nanyuki, approximately 200 km (125 miles) north of Nairobi, the BATUK base dates back to 1964, shortly after Kenya gained independence from the UK.
