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'License to Crimes': Activist Slams UK for BATUK's Refusal to Refer Atrocities to Kenyan Court

© AP Photo / Thomas MukoyaBritain's Prince William, center right, speaks to soldiers during a visit to the 1st Battalion the Irish Guards battle group, training under the British Army Training Unit Kenya (BATUK), in his role as Colonel of the Regiment, in Laikipia, Kenya Sunday, Sept. 30, 2018.
Britain's Prince William, center right, speaks to soldiers during a visit to the 1st Battalion the Irish Guards battle group, training under the British Army Training Unit Kenya (BATUK), in his role as Colonel of the Regiment, in Laikipia, Kenya Sunday, Sept. 30, 2018. - Sputnik Africa, 1920, 01.12.2023
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A Kenyan court on Wednesday heard the 2012 case of Agnes Wanjiru's murder allegedly committed by British soldiers stationed in Kenya. The commander of the British Army Training Unit in Kenya (BATUK), yet, asked the court to dismiss the suit, arguing that Kenyan courts have no jurisdiction and that BATUK enjoys immunity from the British government.
The UK's impunity for crimes committed in Kenya infuriates the people of the East African nation and is unacceptable for a sovereign African country, James Mwangi Macharia, executive chairman of the African Center for Corrective and Preventive Action (ACCPA), told Sputnik Africa, commenting on BATUK's refusal to face a Kenyan court for atrocities.

"The country currently is outraged. That information [BATUK's refusal] is hitting headlines in Kenya because Kenyans cannot understand how thousands of soldiers can be in our country committing crimes and they are claiming that they can't be sued," the activist remarked. "So they are immune, they have license to commit crimes, and that is not good."

He noted that Kenya's constitution is "very clear that we are a sovereign country, so there's no way someone can commit crimes on our soil and claim immunity." However, the activist emphasized that the case of Agnes Wanjiru shows that "what the UK is doing is what they used to do in this country before independence" or in other words "pure colonialism."
Furthermore, the conduct of the British military in Kenya is at odds with London's positioning as a proud upholder of the rule of law, the activist added.

"The UK prides itself on human rights issues and rule of law, but in action it's quite different from what they are telling the world that they are immune from other countries where they are operating," Macharia stressed.

He explained that, unlike diplomats, the military has no conventions guaranteeing them immunity for the atrocity, and suggested that if a Kenyan soldier had killed a young girl in the UK, he would be "rotting in jail in London."
"But here in Kenya, you kill someone, you go back to London and enjoy your life. That is not fair, it's not moral," Macharia said.
12-year-old Agnes Wanjiru's daughter Stacy Wanjiru (L), Agnes Wanjiru's sister Rose Wanyua (C) and Agnes Wanjiru's niece Esther Njoki (R) hug - Sputnik Africa, 1920, 30.11.2023
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'UK Feels Entitled to Kenya': Niece of Murdered Agnes Wanjiru on BATUK's Stance in Court
Speaking about the family of the deceased Agnes Wanjiru, he said that they are "traumatized and living in fear" and there is a need to create a global public pressure for the family to get justice.
It is public solidarity that will ensure an end to the Wanjiru case, as well as to "previous heinous crimes committed by soldiers across the world and to individuals," Macharia opined.

"The world has a responsibility to come out, like they are doing for people in Palestine, to come out like they are doing demonstrations all over Europe to push for justice. We saw what happened with the George Floyd case in the United States. The world came out. It's time now for the world to come out for the late Agnes Wanjiru. We have to close this matter," he pointed out.

A day earlier, Wanjiru's niece, Esther Njoki, told Sputnik Africa that only the two defendants were present at the hearing itself, indicating that the British authorities continue to cover up the case.
The lifeless body of Agnes Wanjiru, the mother of a two-year-old daughter, was discovered in a septic tank in Nanyuki in 2012. She was last seen alive with a British soldier. In 2021, one of the soldiers in the unit reportedly confessed to the murder to his comrades, but no one has been prosecuted for the crime ever since.
BATUK is seen to be responsible for numerous serious atrocities that have sparked public condemnation in Kenya. The British military unit has been accused of killing and injuring people and livestock with unexploded bombs during soldier exercises in reserves and communities.

The charges also relate to damage caused during the unit's military exercise in 2021. During the training, a devastating fire broke out in the Lolldaiga region of the state, destroying more than 4,800 hectares of land and injuring local residents.

After the fire, the local community filed a lawsuit against BATUK. A Kenyan court ordered the British army to pay compensation, but on October 20, residents of central Kenya condemned the army's failure to do so.
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