Kenya this week began public hearings into widespread allegations that UK soldiers stationed in the East African country committed multiple human rights violations.
For more than a decade, locals have at different times accused British soldiers training in central Kenyan towns of misconduct, environmental degradation, murder and a range of other serious crimes.
The hearings mark the culmination of lengthy legal proceedings to try British soldiers under Kenyan law, after years of lobbying by civil society groups and after initial resistance from the British government.
Here’s what we know about the abuse allegations and what’s expected to happen after the hearings:
What is BATUK and what are 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 short-term UK rotating regiments. The unit trains British troops and provides anti-terrorism training to Kenyan troops facing the armed group Al-Shabab.
Although the unit has become essential to the economy in Nanyuki and neighboring counties near the training sites, with hundreds of residents employed and many stores serving soldiers, residents have long listed their grievances against the troops. Unexploded bombs left during training have claimed limbs from people in several incidents.
Deadly chemicals such as white phosphorus used in training exercises have also raised concerns. The chemical is believed to have contributed to a large fire that ripped through the privately owned Lolldaiga Conservancy in March 2021, burning areas of forest. Local residents said the smoke held them down for days and caused eye and inhalation problems. Others said it pushed wildlife onto their farms, leading to crop losses. Around 5,000 people sued BATUK over this incident.
Who is Agnes Wanjiru?
Allegations of sexual abuse are also central among the allegations, with several allegations of assault by troops against local women. A soldier in 2021 was fired and fined for lifting a local woman’s skirts in public.
In the most high-profile case to date, British soldiers are accused of the March 2012 murder of 21-year-old Agnes Wanjiru in a hotel in Nanyuki. The woman’s body was found in a septic tank two months later, near the room used by the soldiers.
The allegations came to light in 2021 after a Sunday Times investigation revealed that a “Soldier X” with whom Wanjiru was last seen stabbed her in the chest and abdomen. Although he immediately revealed his actions to colleagues, at least one of whom reported to senior BATUK commanders, no action was taken.
The investigation also revealed that Soldier X and several others mocked the murdered woman in Facebook posts.
How did victims try to seek justice?
Attempts to obtain justice have, in some cases, produced results. A teenager who lost two arms in 2015 after picking up an explosive that appeared to have been left behind by British soldiers has received $100,000 in compensation from the British government – although the UK disputes whether the bomb that caused the injuries went to its army or to Kenya. army.
Other cases have seen slower progress. Thousands of residents affected by the Lolldaiga fire are still fighting for compensation, their lawyers have said.
Attempts by the family of the murdered Wanjiru to prosecute BATUK in Kenya were also initially met with resistance, as the British government claimed that Kenyan courts did not have jurisdiction over UK troops in accordance with the existing security agreement between the two countries. However, following the Sunday Times report, General Nick Carter, the UK’s Chief of Defense Staff at the time, told local media that the allegations were “shocking” and that the UK would “cooperate very closely with the Kenyan authorities.”
A vote in parliament to amend the security agreement between the countries in April 2023 means that British troops can now be tried locally – although there are concerns that the changes cannot be applied retrospectively. In August 2023, the Kenyan government officially launched an inquiry into Wanjiru’s murder.
“It has been a battle with them because the way they treat our people has been quite disgraceful,” said John Macharia, head of the African Center 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.
“The blame lies with both countries because there were compromises in the Kenyan investigations and prosecution teams, some of which went to the UK. We ask how the Wanjiru investigation is progressing, but they don’t answer us and that is a concern for us. Impunity has caused a lot of harm to our people and the ecosystem,” he added.
An open letter from Wanjiru’s family to meet King Charles – commander of the British armed forces – on his trip to Kenya in October 2023 was not recognized.
What happened in 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 how her daughter was the victim of a collision involving a BATUK truck. BATUK paid his daughter’s hospital bills for two years but never gave any compensation to the family.
Another mother, holding her five-year-old daughter, narrated how she was abandoned by a British soldier with whom she had a consensual relationship after he discovered she was pregnant. The soldier is believed to have already left Kenya. The woman said she wanted alimony.
Survivors of the Lolldaiga fire also spoke at the hearings.
Kenyan authorities invited Kenyans to provide written and oral testimonies. The hearings, they said, are intended to “investigate allegations of human rights violations, including ill-treatment, torture, illegal detention, [and] murders.”
The hearings will also examine “alleged ethical violations related to ethical misconduct, including corruption, fraud, discrimination, abuse of power, and other unethical behavior.”
What is the next?
Lawmakers will gather evidence from the testimonies, evaluate them and then talk to the British government about possible redress mechanisms through diplomatic channels, a member of parliament told local reporters.
Activists say the hearings are likely to trigger multiple lawsuits against BATUK.
“This will shock the world,” said ACCPA’s Macharia. “There are many other issues that have never been brought to court. But this will allow policymakers to interact with the community and understand these issues.”
Local residents say their aim is not to force the closure of BATUK, but rather to ensure that troops still stationed at the base can act in a way that does not endanger the lives of villagers.
But there are fears that the inquiry may not achieve much or that someone will be held responsible – at least in the short term, given the friendly relations between Kenya and its former colonial power.
Meanwhile, the UK government has reiterated that it intends to cooperate with the Kenyan authorities. On Thursday, Neil Wigan, British High Commissioner to Kenya, met with Wanjiru’s family.
“The meeting provided an opportunity for the High Commissioner to hear from the family and offer his condolences,” read a statement from the British High Commission.
“The High Commissioner also reiterated the UK’s ongoing commitment to co-operate fully with the Kenyan investigation into [the] death of Ms. Wanjiru,” he added.
This story originally appeared on Aljazeera.com read the full story
