This week, Kenya initiated public hearings into widespread allegations that United Kingdom soldiers stationed in the country have committed multiple human rights violations. For over a decade, locals have accused British soldiers training in central Kenya of various misconducts, including environmental degradation, murder, and other serious offences. The hearings mark a significant step in the long legal battle to hold British soldiers accountable under Kenyan law, following extensive lobbying by civil society groups and initial resistance from the British government.
The British Army Training Unit Kenya (BATUK) has been a permanent presence in Nanyuki, central Kenya, since the country gained independence from the UK in 1963. BATUK, which includes about 100 permanent staff and 280 rotating regiments, trains British troops and provides antiterrorism training for Kenyan soldiers battling the al-Shabab armed group. While BATUK is economically beneficial to Nanyuki and surrounding areas, with many locals employed and businesses catering to the soldiers, the unit has also been a source of significant grievances.
One of the major complaints involves unexploded ordnance left from training exercises, which have caused serious injuries. In 2015, a teenager lost both arms after picking up an explosive believed to have been left by UK soldiers. The British government compensated the teenager $100,000, though it disputes whether the ordnance belonged to its army or the Kenyan military. Additionally, the use of lethal chemicals such as white phosphorus in training exercises has raised environmental and health concerns. In March 2021, a massive fire at the privately owned Lolldaiga Conservancy, allegedly sparked by these chemicals, burned large forest areas, displaced wildlife, and caused health problems for local residents. About 5,000 people have sued BATUK over the incident.
Sexual abuse allegations are also significant. In the most high-profile case, UK soldiers are accused of the 2012 murder of Agnes Wanjiru, a 21-year-old woman found dead in a septic tank near a hotel room used by the soldiers. A 2021 investigation by the Sunday Times revealed that a soldier, referred to as “Soldier X,” allegedly stabbed Wanjiru and confessed to his colleagues, yet no action was taken. This case has intensified demands for justice and accountability.
Efforts to seek justice have been mixed. While some victims, like the teenager injured by unexploded ordnance, have received compensation, others continue to struggle. Thousands of locals affected by the Lolldaiga fire are still fighting for redress. The Wanjiru family’s attempts to sue BATUK initially met with resistance due to claims of jurisdictional limitations under the security agreement between Kenya and the UK. However, a 2023 amendment to this agreement now allows British troops to be tried locally, though concerns remain about whether these changes can be applied retrospectively.
The recent hearings saw emotional testimonies from victims and their families. The mother of a young woman injured in a hit-and-run by a BATUK truck recounted how the unit paid for hospital bills but provided no compensation. Another woman shared her story of being abandoned by a British soldier after becoming pregnant. Survivors of the Lolldaiga fire also spoke, detailing the environmental and personal toll of the incident.
Kenyan authorities have invited written and oral testimonies to investigate allegations of human rights violations, including mistreatment, torture, unlawful detention, and killings. The hearings will also address issues of corruption, fraud, discrimination, abuse of power, and other unethical behaviors. Lawmakers plan to collate this evidence and engage with the British government on possible redress mechanisms through diplomatic channels.
Activists believe these hearings could lead to multiple lawsuits against BATUK. John Macharia, head of the Africa Center for Corrective and Preventive Action (ACCPA), expressed optimism about the hearings’ potential impact. He noted that while the aim is not to close down BATUK, it is crucial to ensure the troops act responsibly and do not endanger local lives. However, there are concerns about the inquiry’s effectiveness, given the close relations between Kenya and the UK.
The UK government has reiterated its commitment to cooperate with Kenyan authorities. British High Commissioner to Kenya, Neil Wigan, recently met with Wanjiru’s family to offer condolences and reaffirm the UK’s support for the investigation. The outcome of these hearings could set a precedent for how military personnel are held accountable for actions abroad, impacting both local and international dynamics.
