UK Soldiers Face Criminal Charges in Kenya Under New Military Agreement
A military agreement between the United Kingdom and Kenya. Stipulates that British troops will face criminal charges for eight offenses committed in Kenya.
According to the Defence Cooperation Document signed in 2021 by former Defense CS Monica Juma and her British counterpart Ben Wallace (retrieved from the website of the UK Government), some of the offenses include sexual misconduct, torture, and inhumane or degrading treatment of individuals.
The 30-page document also includes charges for transnational organized crime, slavery, robbery, and offenses against the nation’s security.
The visiting soldiers will also be tried in Kenya for attempting, assisting, and conspiring to commit the aforementioned crimes.
“The relevant authorities of the party with the primary right to exercise jurisdiction shall give sympathetic consideration to a request from the authorities of the other Party to waive that right when the other Party considers such a waiver to be of particular importance.
“And in cases of minor offenses where the authorities of the Host Nation have the primary right and where the service authorities of the sending nation can impose a suitable punishment by disciplinary action without recourse to a trial,” the agreement stated in part.
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In addition, the agreement specifies eight conditions that the accused soldiers will be subject to during their trial.
For instance, it is expected that the trial will be quick and efficient.
“He or she has the right to be informed in advance of the specific charge or charges brought against him or her and to face the witnesses against him or her.”
“The visiting soldier shall also be required to have legal counsel of his or her choosing for his or her defense,” reads a portion of the agreement.
The accused also has the right to witnesses and, if necessary, an interpreter.
In cases where the offenses warrant the death penalty. However, the sentence will be commuted to a prison term or a fine.
Notably, members of the Defense, Intelligence, and Foreign Relations Committee have proposed amendments to the agreement to include murder charges.
This is in response to the outrage that arose in 2016 over the alleged murder of Agnes Wanjiru.
Nanyuki is home to the British Army Training Unit Kenya (BATUK) training camp.
UK Soldiers Face Criminal Charges in Kenya Under New Military Agreement
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