Ms Esther Njoki broke down to let out 12 years of bottled-up pain as she narrated to MPs the family’s misery following the murder of Agnes Wanjiru by a British soldier in Nanyuki.
Ms Njoki, who is a niece to the deceased and family representative, told the National Assembly Committee on Defence, Intelligence and Foreign Relations that they have been waiting for justice for the last 12 years.
An inconclusive Directorate of Criminal Investigations (DCI) report, and an unanswered petition to the Office of the Director of Public Prosecution, are all she had in her hands as she narrated the pain they have been nursing following the demise of Ms Wanjiru.
She told the Nelson Koech chaired committee that Ms Wanjiru's daughter turned 13 this year, and her needs are growing by the day, yet they have never received any compensation from the UK.
"Her daughter is now 13, although we are there for her, I know she is asking herself many questions," Ms Njoki said
"We have had issues with DCI, after the discovery of the body of Agnes, the file was left to rot and no action was taken," she added.
"Why are they doing this to us? Is it because we are poor? We filed a petition with the DPP, but one year later, nothing has happened," she narrated.
Ms Njoki claimed that there was a cover-up over the issue calling on the committee to assist the family in unearthing the cover-up.
She urged the committee to summon the Director of Public Prosecution and DCI to give an update on the matter and why it has taken 12 years to solve the matter.
Due to the frustration the family has received in getting justice in Kenya, Ms Njoki told MPs that they contemplated filing a petition in the United Kingdom, but were discouraged by their lawyers in London.
"Our lawyers told us that we can't go to the UK because we are so poor that we can't afford to board a plane to the UK. Can you imagine being told that you're poor and hence can't go to the UK to seek justice?? She asked
"Everyone knows about this, evidence is there, and the person who committed the offence is known, why can't we get justice? Ms Njoki asked.
Mr Koech told Njoki and the family that the committee will ensure that they get justice on the matter.
"We feel your pain. This committee takes this matter seriously and we will do justice to it. You don't need to travel to the UK, we will give you justice here in Kenya," Koech said.
The committee vice chairperson, Major Abdullah Bashir, said they will summon the DCI together with the DPP on the status update of investigations over the matter.
"We feel your pain and we will take it upon ourselves to know from DCI the status of investigations," Mr Bashir said.
The committee is conducting an inquiry over the conduct of the British Army Training Unit Kenya (BATUK) following allegations of corruption, fraud, discrimination, and abuse of power by the British soldiers.
The committee is also looking at issues of mistreatment, torture, unlawful detention, killings, or any other violations of the internationally recognised human rights standards.
The lawmakers are also assessing BATUK’s operational integrity, especially safety protocols, compliance with legal requirements, and adherence to established military standards.
Ms Wanjiru reportedly died in the hands of British soldiers at Lions Court Hotel on the outskirts of Nanyuki in 2012. Her body was discovered in a septic tank near the British military base in Nanyuki.
In 2021, former DCI George Kinoti told MPs that Ms Wanjiru had a good time with the British soldier and they were seen dancing at the bar in the lodge that fateful night.
A chronology of events shows that Ms Wanjiru and the soldier, who was in uniform, were later seen heading towards the guest rooms.
Documents tabled in parliament by the DCI indicate that part of Ms Wanjiru’s body was found submerged in the septic tank with the legs floating on the sewage by John Gichuki, who worked at the hotel as a gardener.
Kenya has a pact with the UK under the Defence Co-operation Agreement (DCA), which allows UK troops to train at Nanyuki, where the BATUK is located.
Since its opening in 2016, over 2,000 military and police from 22 countries have been trained in CIED skills and 40 CIED instructors developed, significantly improving the ability of African Union (AU) forces to operate effectively in high-threat environments, including against Al Shabaab.
In the 12th parliament, the renewal of the pact was delayed by an allegation of gross human rights violations by British troops including the death of Ms Wanjiru. The 13 parliament however later ratified the pact.
The cooperation agreement between the two countries allows their militaries to share expertise, experience, and techniques, making both forces more effective.
