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Foreign soldiers to face local prosecution for crimes in Kenya

Members of the National Assembly Defence, Intelligence, and Foreign Relations Committee that is conducting public hearings on the conduct of the British Army Training Unit in Kenya. (Photo: BATUK)

By Mary Wambui | Thursday, July 4, 2024

In efforts to fast-track justice for the victims, the National Assembly's Defence Committee has since launched an inquiry into the activities of the British Army Training Unit Kenya (Batuk)

Criminal offences committed by foreign soldiers in Kenya will be prosecuted locally, Defence Cabinet Secretary Aden Duale has confirmed.

While giving up on Agnes Wanjiru's case on Citizen TV's JKL show, Duale stated that the matter has now progressed to the criminal prosecution stage and that the Director of Public Prosecutions and Attorney General Justin Muturi should provide an update.

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"The matter is now out of our hands, it is more at a criminal jurisdiction now," he said.

Wanjiru died aged 21 in 2012 in the hands of British soldiers at Lions Court Hotel on the outskirts of Nanyuki town.

"Going forward and learning from Agnes Wanjiru's case, all defence corporations we are signing with our partners and allies across the world, we have introduced a clause on criminal jurisdiction. If an individual of a foreign force like the British forces here or any other commits a crime against our citizens on our soil, they will be charged and dealt with under our Kenyan law," said the CS of the agreement reached by the cabinet, the AG, and the National Security Council.

Wanjiru's case has dragged on for years, triggering anger amongst her family and Kenya at large who wish to see justice served for her and many other victims of acts of commission or omission by the British army including the claims that Batuk activities could have caused the fire that razed down a section of the Lolldaiga Hills Ranch in 2021.

In efforts to fast-track justice for the victims, the National Assembly's Defence Committee has since launched an inquiry into the activities of the British Army Training Unit Kenya (BATUK) including claims of ethical breaches following numerous complaints lodged by locals and stakeholders regarding the conduct of British soldiers.

"You recall we even put it among our recommendations that foreign soldiers who commit the offence of murder should be tried under the Kenyan law, as well as the whole issue of corporate social responsibility for the visiting troops, especially on matters on the environment," the committee Chairperson Nelson Koech said.

The committee's inquiry commenced in May this year and involved all stakeholders including residents, civil society, the Kenya Defence Ministry and the UK Embassy.

Hundreds of people flocked to the four public hearings held near the Batuk base to listen to emotional accounts of alleged misconduct by British soldiers.

It covered claims of breaching operational integrity, abuse of power, torture, killings and other human rights violations in its area of operation both in Laikipia and Samburu Counties.

It will also delve into allegations of corruption, fraud, discrimination, and abuse of power within Batuk, mistreatment, torture, unlawful detention, killings or any other violations of the internationally recognized human rights standards.

Members were also expected to assess Batuk's operational integrity, especially safety protocols, compliance with legal requirements and adherence to established military standards.

The Batuk base is in Nanyuki, about 200km (125 miles) north of the capital, Nairobi, and was established in 1964 shortly after the East African nation gained independence from the UK.