Kenya Probes Alleged British Army Abuse, Affects UK Troop Role
The Kenyan government has initiated an investigation into allegations of abuse by the British army, which, according to members of parliament, could have implications for the future function of British troops in Kenya.
The investigation will focus on the activities of the British Army Training Unit Kenya (Batuk), whose personnel have been accused of murder, sexual abuse, and land destruction near its base in Nanyuki, approximately 200 kilometers (125 miles) north of the capital city of Nairobi.
Kenyan attorney Kelvin Kubai termed the investigation a “significant” step. Since independence from the United Kingdom in 1963, “this is the first time that British army activities have been reviewed in this manner,” he stated.
This month, Kenya’s parliamentary defense committee, which is overseeing the investigation, will issue a call for petitions alleging any alleged crimes or wrongdoings by the army.
In October, investigations will commence. The committee will request a response from Batuk and is anticipated to present its findings to the parliament by the end of the year.
The report will include recommendations that may have implications for a defense agreement between Kenya and the United Kingdom that permits British personnel to train in Kenya.
“This will have serious repercussions for the defense cooperation agreement,” said Nelson Koech, the chair of the defense committee, “because if we discover that there has been a great deal of activity that flouts the treaty, it gives us room to re-examine the agreement and even withdraw.”
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The assassination of Agnes Wanjiru in 2012 is anticipated to be included in the comprehensive review. The 21-year-old mother was last seen at a hotel near the barracks with British soldiers. Her stabbed corpse was discovered in a septic tank at a nearby lodge.
An inquest in Kenya in 2019 concluded that British soldiers were culpable for her murder and demanded additional investigations. No charges have been filed.
Claims that the army left unexploded explosives on publicly accessible land will also be investigated, as will claims that the use of hazardous chemicals during training exercises endangers lives.
Additionally, sexual abuse allegations will be investigated. For years, the army has been plagued by allegations of abuse, and recent local media reports indicate that the problem persists.
The Kenya-United Kingdom defense treaty was renewed in July 2021, but only ratified in April of this year due to a wave of objections from communities living near the army base and revived fury over the murder of Wanjiru following the publication of a reported confession by a British soldier.
Kenyan and British authorities have been criticized for laxity and indifference in her case and the British army has been accused of “cover-ups.”
When ratifying the defense agreement, Nairobi lawmakers expressed “reservations” regarding the omission of homicide as a crime for which British soldiers can be tried in Kenya.
Last year, officials from Laikipia County wrote to members of parliament requesting that their constituents’ concerns be addressed before the ratification of the defense agreement.
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Kubai, who represents residents in a lawsuit against Batuk alleging environmental and property damage, stated that the lack of a “clear channel through which victims of British army abuse can seek redress” is a major concern for the public. Even the police do not know how to manage investigations involving military personnel, he added.
A spokesperson for the British army stated in a statement, “We take all allegations made against British service personnel seriously, and they are investigated expeditiously by the service authorities or the authorities of the host nation, with support from the armed forces.” We hold our employees to extremely high standards of conduct, whether on or off duty.”
The spokesperson added, “The British army uses white phosphorus illuminant rounds during training exercises in the United Kingdom and abroad, but never as weapons.” As long as the existing safety precautions are observed, they are not considered to be hazardous to health and safety. In Kenya, the British army only uses white phosphorus in the Archer’s Post training area, which is a Kenyan Ministry of Defense-designated training area and not communal land.
According to the website of the British government, every year the United Kingdom invests approximately £6.5 million (nearly 1.2 billion Kenyan shillings) in its defense partnership with Kenya and provides anti-terrorism training support. Since 2016, it is estimated that Batuk has contributed 5.8 billion shillings to the local economy.
Professor of law at the University of Nairobi Francis Situma stated, “This is not an equal bargaining situation, and that explains a great deal.” The issue has always been: what will Kenya lose if it becomes a tough negotiator?
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Some individuals have questioned the timing and effect of the investigation. Former Laikipia County Governor Ndiritu Muriithi stated, “When governments do not respect the rights of individuals, only pressure can compel them to act.”
“Had the defense committee stated, ‘We will not ratify until we see concrete action on the murder case,’ for example, this would have made logic. To say ‘we have reservations’, however, seems a bit late.”
The defense committee stated, however, that the issues cannot be ignored. Koech stated, “We do not support any form of neocolonialism if, as alleged, Batuk has committed injustices.”
“As a country, we will say no.”
A UK government spokesperson stated that Wanjiru’s case “is a priority for the UK government, and we fully appreciate the seriousness and importance of justice for Agnes Wanjiru”, adding, “The jurisdiction for this investigation lies with the Kenyan police service, and the UK government is working closely with the government of Kenya to accelerate progress.”
Kenya Probes Alleged British Army Abuse, Affects UK Troop Role