The Kenyan Parliament has released a report detailing allegations against British soldiers operating within the country. The report, issued by the parliamentary Committee on Defence, Intelligence and Foreign Relations, accuses personnel from the British Army Training Unit in Kenya (Batuk) of sexual abuse, killings, human rights violations, and environmental damage over several decades.
Key Findings and Allegations
The 94-page report, based on a two-year inquiry, includes testimonies from communities in Laikipia and Samburu counties, near Batuk training bases. The committee stated that Batuk personnel were accused of failing to cooperate with the parliamentary investigation.
Specific allegations within the report include:
- Human Rights Violations: Complaints of killings, assaults, maimings, public altercations, and fatal traffic incidents involving Batuk soldiers.
- Sexual Misconduct: Documented trends of sexual violence, particularly against women from the Samburu and Maasai communities. The report cited an incident in 1997 in Archer's Post where 30 women were reportedly gang-raped. Cases of rape and sexual violence are described as unresolved.
- Abandoned Children: Claims that British soldiers have fathered dozens of children and then returned to the UK, leaving single mothers facing social and financial difficulties.
- Public Indecency: Reports of soldiers exposing themselves in public venues and town centers, often linked to intoxication and disorderly conduct.
Specific Cases Mentioned
The report highlighted two specific cases:
- Agnes Wanjiru (2012): The murder of Agnes Wanjiru, whose body was discovered in a hotel septic tank in Nanyuki. A former British soldier accused of her murder was arrested in the UK last month and faces extradition to Kenya. He has denied the charge.
- Tilam Leresh (2012): The alleged "unlawful killing" of herder Tilam Leresh by a Batuk sergeant. The report notes that no arrest or prosecution has occurred in either Kenya or the UK. The UK previously expressed regret over the shooting but stated that British prosecutors found insufficient evidence to press charges.
Environmental Concerns
The parliamentary committee also raised concerns regarding environmental practices:
- Impact Assessments: Allegations that Batuk has not conducted legally required environmental and social impact assessments for its field exercises.
- Hazardous Materials: Concerns over the possible use of white phosphorus and reports of residents experiencing respiratory issues, miscarriages, and livestock deaths attributed to toxic fumes and military waste. Instances of individuals reportedly injured or killed by unexploded ordnance were also cited.
Responses from UK and Batuk
- The UK High Commission in Kenya expressed regret that its submission was not reflected in the report's conclusions. It affirmed readiness to investigate allegations "under our jurisdiction fully, once evidence is provided" and to consider new allegations from the report.
- Batuk stated it has "zero tolerance for sexual exploitation and abuse" and takes all allegations seriously.
- Batuk also indicated that independent environmental audits showed high levels of compliance with Kenyan regulations.
- The British defence ministry confirmed it had responded to issues raised during the inquiry and outlined actions taken.
- The report stated that Batuk "persistently" declined to appear before the committee, invoking diplomatic immunity.
Defence Cooperation Agreement Review and Recommendations
The parliamentary panel concluded that the existing defence cooperation agreement between Kenya and the UK is "structurally flawed" due to "huge gaps." The report noted that murder is not explicitly listed as an offense deemed outside the course of official duty, which it argued creates a "significant obstacle to justice."
The committee recommended several amendments to the military agreement:
- Introduction of a visiting forces code of conduct.
- Implementation of zero-tolerance rules for gender-based violence.
- Establishment of clear environmental obligations.
- Integration of civilian oversight mechanisms.
- Negotiation with the UK government on mechanisms to hold Batuk soldiers accountable for child support.