British soldiers who commit crime on Kenyan soil to face trial here

The British soldiers training in Kenya under the Defence Cooperation Agreement between Kenya, the United Kingdom and Northern Ireland who commit criminal acts on Kenyan soil will henceforth be prosecuted in the country.

This follows a decision by Members of Parliament to adopt a report of the National Assembly’s Defence, Intelligence and Foreign Relations Committee on the Defence Cooperation Agreement between Kenya and the United Kingdom.

The report, which was adopted yesterday evening recommended that murder be listed as a triable offence under the jurisdiction of the host nation.

The UK soldiers under the aegis of British Army Training Unit Kenya (BATUK) have training bases in Naynyuki.

The Defence, Intelligence and Foreign Relations Committee chairman Nelson Koech said the agreement will foster better relations between Kenya and the UK.

“Both countries will substantially benefit from defence exchange programmes. We urge all officers who come to train on our soil to continue to adhere strictly to the laws of the land.” Koech, who is also the MP for Belgut said.

The adoption of the report came amidst slow progress in the case surrounding the murder of a young woman in 2012, allegedly by a UK soldier.

The family of Agnes Wanjiru, the then 21 years old mother of one who was allegedly killed by a British soldier in Nanyuki in 2012, can now sue the soldier after a court ruled that British Army is not immune to prosecution

Last year, the Environment and Land Court Judge Justice Antonina Kossy Bor said Kenyan courts have jurisdiction to hear and determine criminal and civil matters involving Batuk.

“The court finds that the government of Kenya and the United Kingdom and Northern Ireland in the Defense Co-operation Agreement dated December 9, 2015, waived diplomatic immunity to the extent of that agreement. This court, therefore, has jurisdiction to deal with the claims made in the petition.” The judge ruled.

The judge said the United Kingdom government had waived its state immunity for the soldiers and the army corporately when it signed the Defence Cooperation Agreement (DCA) in 2016.

Wanjiru was killed in 2012 and her body dumped in a septic tank at a resort in Nanyuki, Laikipia county.

After she was seen with the soldier one evening, she went missing and her decomposed body was discovered floating in the tank three months later, bearing stab wounds.

Her death came to light last year when an associate of the soldier claimed the suspect had confessed to the murder.

Details emerged that a British soldier linked to the 21-year-old woman’s killing and his colleagues laughed about the incident on Facebook.

The Sunday Times reported that a member of the same regiment posted two photos from outside the hotel, where Wanjiru’s body was found.

The UK government through the High Commissioner to Kenya Jane Marriott assured of its commitment to work with the local authorities to establish the facts surrounding the killing of the 21-year-old mother of one.

In 2021, former Inspector General of Police Hillary Mutyambai ordered the reopening of Wanjiru’s murder case.

Mutyambai directed the Directorate of Criminal Investigations (DCI) to reopen the case and compile all evidence and witness accounts to facilitate the conclusion of the case in a court of law.

At the same time, he urged the UK government to cooperate with the local investigating teams to ensure justice is finally served to the family of the deceased.

“I have directed the DCI to re-open the case and compile all the available evidence and witness accounts and ensure the case is concluded before a court of law. I am also urging the UK government to collaborate with us to conclude the case and administer justice,” he tweeted.

Wanjiru left behind a five-month-old daughter.