Kenya begins public inquest on claims of rights violations, abuse of power by British soldiers

The National Assembly Defence Committee has kicked off a public inquest into the conduct of the British Army Training Unit in Kenya (BATUK) following claims of breaching operational integrity, abuse of power, torture, killings, and other human rights violations in its areas of operation in Laikipia and Samburu counties.

The inquiry follows allegations of corruption, fraud, discrimination, and abuse of power within the unit, as well as mistreatment, torture, unlawful detention, killings, and violations of internationally recognised human rights standards.

The committee will also assess BATUK's operational integrity, especially safety protocols, compliance with legal requirements, and adherence to established military standards.

The three-day inquest began on Monday at the Jua Kali Centre and the Nanyuki Town Hall and will take place at the Archers Post's Chief Camp on Wednesday, and at the Kiwanja Centre in Doldol on Thursday.

The inquest resulted from the filing of a memorandum by the Laikipia County Government, the Kenya National Chamber of Commerce and Industry (KNCCI), the Kenya National Human Rights Commission (KNHRC), victims of the alleged atrocities, University of Nairobi lecturer Isaiah Ndung'u Mwaniki, a boda boda riders' representative, and locally engaged civilians.

The BATUK has two barracks: Nyati at the Laikipia Air Base in Nanyuki and Kifaru, a rear base, a logistical hub at the Kahawa Barracks in Nairobi, and operating bases at the Archer's Post in Samburu and Lolldaiga in Laikipia.

Laikipia's memorandum

According to Laikipia County, the unit has in the past committed several unspeakable atrocities against the people of Kenya and the environment in general, including the alleged murder of Agnes Wanjiru and a case in 2015 in which a 10-year-old sustained serious injuries occasioned by an unexploded fuse of unestablished origin.

"The death of Agnes Wanjiru, wherein the circumstances surrounding her death, including the alleged involvement of British soldiers, was a matter that required a thorough and impartial investigation to establish the facts and identify those responsible for her death and the Lolldaiga Hills Conservancy fire that ravaged more than 10,000 acres of land, causing massive damage to flora, fauna, and the people living in close proximity to the ranch," the county said in its memorandum to the committee.

However, in a letter reference number CGL/CE/015/2022 dated March 16, 2022, Laikipia agreed to a review and approval of the Defence Cooperation Agreement between the UK and Northern Ireland, and Kenya, on the grounds that the parties had agreed to implement all activities in conformity with the domestic law in force in the host nation.

The victims, in their memorandum to the committee, said the use of white phosphorus mortar rounds during training exercises endangers the lives of the community if the fragments enter the bloodstream.

They also cited cases of unresolved accidents resulting from civilians coming into contact with undetonated ammunition and called for full compensation for victims.

KNHRC's advisory

The KNHRC issued an advisory to the committee calling for greater oversight, accountability, and communication on incidents involving the BATUK to ensure victims' rights are upheld.

The commission then submitted a list of accusations it had received against the unit from host communities regarding killings, maimings, and assaults, which consisted of murder, public fights, fatal traffic hit-and-runs, sexual violence, and exploitation concerns, several of which were in the report of the Truth, Justice, and Reconciliation Commission (TJRC).

Amongst the cases documented was an incident involving 30 women who had been gang-raped at knifepoint, cases of infringement on community lands, resources, and environmental rights through negligent training practices, including leaving live explosives on unfenced fields that have killed and maimed livestock and herders, causing damage to pastoralist communities in Samburu and Laikipia.

Others were complaints of violations of labour rights, including unfair dismissal and failure to recognise the unionisation of employees and remit union dues contrary to the Employment Act, lack of accountability and access to justice with no form of redress or adequate reparations being availed to the victims; and intimidation of human rights defenders who follow up on alleged violations, including arbitrary arrests, to deter them from pursuing justice for the victims.

Other views

In his memorandum dated October 4, 2023, Mwaniki submitted that the Defence Agreement between the UK and the Kenyan government was inconsistent with the law and the government's mandate to protect its citizens' interests due to the lack of public participation in relation to what informed the training agreement of foreign troops in an independent country.

He also wants the environmental impacts the unit has caused on the training grounds assessed, as well as a probe into the prevalence of historical injustices related to the alienation of community parcels of land, and whether there are other secret non-military missions that the BATUK may have undertaken on behalf of the UK without the knowledge of the Kenyan government's intelligence agencies.

The rider defended BATUK, claiming it is the biggest employer in Laikipia. He said it contributes immensely to the economy of Nanyuki and the neighbouring region, and that individuals raising the allegations are aggrieved because they failed to secure employment within the unit.

Some support staff also defended the unit, arguing it has helped locals through the provision of employment opportunities, skill development, competitive compensation, infrastructure investment, cultural exchange, improved health and safety standards, enhanced security, and corporate social responsibility activities including education, drilling boreholes, environmental conservation, and sports.

The Laikipia chamber of the Kenya National Chamber of Commerce and Industry (KNCCI) supported the Defence Cooperation Agreement and the Benefits to the BATUK in Laikipia County on the grounds that the unit's presence has had a positive impact on the local economy.

It said that visiting soldiers seek services from local curio shops, accommodation, dining, entertainment, and taxis while engaging in local development and infrastructural projects.