Why is Kenya investigating alleged abuses by British soldiers? | Military news

Public hearings began in Kenya this week into widespread allegations that British soldiers stationed in the East African country have committed numerous human rights violations.

For more than a decade, locals have on various occasions accused British soldiers training in towns in central Kenya of misconduct, environmental destruction, murder and a range of other serious crimes.

The hearings mark the culmination of a lengthy legal process to try British soldiers under Kenyan law, which began after years of lobbying by civil society groups and initial resistance from the British government.

Here’s what we know about the abuse allegations and what to expect after the hearings:

What is BATUK and what are its members accused of?

The British Army Training Unit Kenya (BATUK) is a permanent training support force based in Nanyuki in central Kenya and has existed since Kenya’s independence from the United Kingdom in 1963.

BATUK has around 100 permanent staff and around 280 rotating short-term regiments from the UK. The unit trains British soldiers and provides counter-terrorism training to Kenyan soldiers fighting the armed group al-Shabab.

Although the unit has become vital to the economy of Nanyuki and the surrounding counties near the training grounds, employing hundreds of locals and running many businesses that supply the soldiers, residents have long voiced grievances against the troops. Unexploded bombs left over from training have resulted in several incidents where limbs have been lost.

Deadly chemicals such as white phosphorus used in the training exercises have also raised concerns. The chemical is believed to have contributed to a massive fire that ravaged the Lolldaiga private nature reserve in March 2021, burning large parts of the forest. Locals said the smoke had affected them for days, causing eye and respiratory problems. Others said it had driven wild animals onto their farms, leading to crop failures. Around 5,000 people have sued BATUK over the incident.

Who is Agnes Wanjiru?

Sexual abuse is also a major allegation, including several allegations of assaults by soldiers on local women. One soldier was dismissed and fined in 2021 for lifting a local woman’s skirt in public.

In the most famous case to date, British soldiers are accused of murdering 21-year-old Agnes Wanjiru in a hotel in Nanyuki in March 2012. The woman’s body was found two months later in a septic tank near the room the soldiers had used.

The allegations came to light in 2021 after a Sunday Times investigation found that a “Soldier X” with whom Wanjiru was last seen is believed to have stabbed her in the chest and stomach. Although he immediately reported his actions to his colleagues, at least one of whom reported to senior commanders at BATUK, no action was taken.

The investigation also revealed that Soldier X and several others made fun of the murdered woman in Facebook posts.

How did the victims try to obtain justice?

Attempts to obtain justice have produced results in some cases. A teenager who lost two arms in 2015 while picking up an explosive device apparently left behind by British soldiers received $100,000 in compensation from the British government – although Britain disputes whether the bomb that caused the injuries was intended for the British or Kenyan army.

In other cases, progress has been slower. Thousands of locals affected by the Lolldaiga fire are still fighting for compensation, their lawyers said.

Attempts by the family of the murdered Wanjiru to sue BATUK in Kenya also initially met with resistance, with the British government claiming that Kenyan courts had no jurisdiction over British troops under the existing security agreement between the two countries. However, following the Sunday Times revelation, General Nick Carter, then British Chief of the General Staff, told local media that the allegations were “shocking” and that Britain would “work very closely with the Kenyan authorities”.

A parliamentary vote to amend the security agreement between the countries in April 2023 means British soldiers can now be tried locally – although there are concerns the changes cannot be applied retrospectively. In August 2023, the Kenyan government officially launched an investigation into Wanjiru’s killing.

“It has been a battle with them because the way they treat our people is quite deplorable,” said John Macharia, head of the Africa Centre for Corrective and Preventive Action (ACCPA). The local advocacy group lobbied for investigations into Wanjiru’s case and helped bring the fire incident to court.

“Both countries are to blame because there were compromises in the Kenyan investigation and the prosecution teams, some of which went to the UK. We have asked how the investigation into the Wanjiru case is progressing but they have not answered us and this worries us. Impunity has caused great damage to our people and the ecosystem,” he added.

An open letter from Wanjiru’s family requesting that he meet with King Charles, the commander of the British armed forces, during his trip to Kenya in October 2023 has not been acknowledged.

What happened at this week’s hearings?

Victims of alleged abuse and crimes by British soldiers gave emotional testimony at hearings this week.

The mother of a young woman in a wheelchair testified that her daughter was the victim of a hit-and-run accident involving a BATUK truck. BATUK paid her daughter’s hospital bills for two years but never paid the family any compensation.

Another mother, holding her five-year-old daughter, told how she was abandoned by a British soldier with whom she had a consensual relationship after he found out she was pregnant. The soldier is said to have since left Kenya. The woman said she wanted child support.

Survivors of the Lolldaiga fire also spoke at the hearings.

Kenyan authorities had invited Kenyans to submit written and oral testimony. The hearings, they said, would “investigate allegations of human rights violations, including ill-treatment, torture, unlawful detention and killings.”

The hearings will also investigate “alleged ethics violations related to ethical misconduct, including corruption, fraud, discrimination, abuse of power and other unethical conduct.”

What’s next?

A lawmaker told local reporters that parliamentarians will gather and evaluate the evidence from the witness statements and then negotiate through diplomatic channels with the British government on possible redress mechanisms.

Activists believe the hearings are likely to result in numerous lawsuits against BATUK.

“It will shock the world,” said the ACCPA’s Macharia. “There are many other issues that have never been brought before the courts. But this will allow lawmakers to interact with the community and understand these issues.”

Locals say their goal is not to force BATUK to close, but rather to ensure that troops still stationed at the base can operate in a way that does not endanger the lives of villagers.

However, there are fears that the investigation will not achieve much and that no one will be held accountable – at least not in the short term, as Kenya maintains friendly relations with its former colonial power.

The British government has since confirmed that it wants to work with the Kenyan authorities. On Thursday, Neil Wigan, the British High Commissioner in Kenya, met with Wanjiru’s family.

“The meeting provided an opportunity for the High Commissioner to listen to the family and express his condolences,” the British High Commission said in a statement.

“The High Commissioner also reiterated the UK’s continued commitment to co-operate fully with the Kenyan investigation into Ms Wanjiru’s death,” it said.