Mbiyu Kamau rejects the UK Army’s claims that the African state’s courts lack jurisdiction to try BATUK troops
The British Army’s argument that its soldiers cannot be prosecuted in Kenya for allegedly murdering a young woman more than a decade ago is not correct, a lawyer representing the victim’s family has said.
Mbiyu Kamau made the comments in an interview with RT on Monday, arguing that local courts have jurisdiction over the case involving the late Agnes Wanjiru because the crime was committed in Kenya.
“We are saying that this case was committed in Kenya and the UK government should not claim that the British military officers who committed the offense are immune,” Kamau said.
“That immunity was waved in a court of law in Kenya which had competent jurisdiction to say when an offense is committed in Kenya, Kenyan courts are competent to try that kind of a case. They are just playing around by claiming immunity,” he added.
Agnes Wanjiru was killed in 2012, and her mutilated body was found in a hotel septic tank near the British Army Training Unit Kenya’s (BATUK) permanent garrison in Nanyuki, a town in Laikipia County. The 21-year-old woman had been missing for several weeks after spending a night partying with British soldiers.
In 2019, a Kenyan judiciary inquiry concluded that the soldiers were responsible for her death and ordered additional investigations. A British soldier reportedly confessed to Wanjiru’s murder in 2021, but no charges have been brought forward by prosecutors.
The BATUK asked the Kenyan High Court in November 2023 to dismiss the lawsuit filed by Wanjiru’s family, claiming that the tribunal lacks jurisdiction over any case involving a UK Army unit in the country.
The issue of jurisdiction over British soldiers who violate Kenyan law has sparked disagreement between London and Nairobi, while other incidents, such as claims of environmental breaches by the BATUK, have sparked local protests.
On Monday, investigators in the African country announced that they have concluded a probe into Wanjiru’s death. The office of the public prosecutor said it had received the file and had put together a team of senior prosecutors to review the case.
On the same day, UK Defense Secretary John Healey visited Kenya and met with Wanjiru’s relatives, pledging to help them “secure the justice they deserve.” He is the first British minister to meet with the victim’s family since her death 13 years ago.
Speaking with RT, the Wanjiru family’s lawyer accused both the Kenyan and British governments of obstructing justice by shielding the suspect for over a decade.
“We really are looking forward to the names of the suspects… because that will ensure that justice is being done, and we want to know who is this person and why this person has enjoyed protection by the government, either the Kenyan government or the UK government,” Kamau stated.
