Kenyan Government Vows to Finally Take British Army Abuses Seriously

But on Tuesday in Nairobi while holding back tears, Njoki told her family’s story once again. The National Assembly Parliamentary Committee on Defense, Intelligence and Foreign Relations held a meeting as part of their inquiry into the conduct of the British Army Training Unit in Kenya (BATUK). The day before, a report revealed that the British army still refuses to release files on the alleged rape and murder of a pregnant woman in the 1990s by a soldier near the army base. 

The Committee vowed that this time the inquiry into British army crimes would be taken seriously. Currently, the East African nation has a Defense Cooperation Agreement with the United Kingdom that allows up to 10,000 soldiers to train in Kenya per year. 

At the end of May, three days of public hearings were held by the government to “investigate the allegations of human rights violations, including mistreatment, torture, unlawful detention, and killings” by the BATUK. 

The British army has previously insisted they can’t be sued in Kenya, claiming “sovereign immunity” from legal action in the country. But in March 2022, after a fire started by BATUK destroyed over 10,000 acres of land, a Kenyan court ruled that people affected by the environmental damage had the right to sue them. 

Since that ruling, more than 7,000 claims have been filed in a lawsuit in Kenya against BATUK from those allegedly experiencing health issues from the blaze. The British army also admitted to using white phosphorus, an extremely toxic chemical, on the training grounds.

“The British army has been able to get away with anything,” said Kelvin Kubai, a lawyer at African Centre for Corrective and Preventive Action in his presentation to the committee on Tuesday. “When the visiting forces come to use our terrain for training, they don’t understand the significance of our environment for people’s lives and their livelihood.” 

The British High Commission in Nairobi and BATUK previously told OCCRP that they intend to fully cooperate with the Kenyan government's inquiry. “The U.K.-Kenya defense partnership is one of the great strengths of our relationship and our joint training and operations with the Kenyan Defence Forces are keeping both Kenyan and British people safe.”

In May, Neil Wigan, British High Commissioner to Kenya, met Njoki and Wanjiru’s family to reaffirm his government's commitment to cooperating in the investigation. The family hasn't heard anything since. 

At the conclusion of Tuesday's meeting, following Njoki’s speech, Nelson Koech, chair of the committee, said that going forward there will be a thorough investigation into Wanjiru’s death and other British army crimes. 

“You can be very certain that this committee will be putting a very serious report together,” Koech said. “Have faith in us that we will do justice, you don’t have to go to the U.K. We will handle this issue fair and square.”