The order was issued by Justice Alexander Muteti on Tuesday following an application by the Director of Public Prosecutions, who stated that the accused was in the UK and there was a need for him to be extradited to Nairobi to face the trial.
“Following an application by DPP against the said suspect, this court grants the warrant of arrest as prayed. The court is satisfied that the bundle presented before it has useful details concerning the incident and therefore there is probable cause to order the arrest of the accused and surrendered before this court for trial,” said Justice Muteti in Milimani Nairobi.
The soldier is accused of killing Wanjiru on the night of March 31 and April 1, 2012, at Lions Gate hotel Nanyuki. The judge directed the media not to publish the suspect’s name for now to safeguard the integrity of the court process.
“The offence of murder in Kenya is an extraditable offence and the same is certified in the provisions of dual criminality under Cap 77 of the laws of Kenya. It is so ordered,” said Justice Muteti
According to the Extradition (Commonwealth Countries) Act, dual criminality is satisfied when the act constituting an offense in the requesting Commonwealth country also constitutes an offense under Kenyan law, with similar penalties for the act or omission. Both the UK and Kenya are members of the Commonwealth of Nations.
The DPP stated that although some of the witnesses are based in the UK, they would be made available to court during the hearing of the murder case.
"The witnesses are in the United Kingdom, but we will make them available," the prosecutors told the court.
The court heard that despite extensive investigations, the suspect was to present himself to the Kenyan security agents, prompting the DPP to apply for the warrant to facilitate formal processes for the suspect’s arrest and surrender to the Kenyan court.
The warrant is a culmination of joint investigations by authorities in both countries. The process was triggered by findings of a November 2019 court-led inquiry, which established that Wanjiru’s death was not natural and that she was murdered.
The inquiry file was later forwarded to the Directorate of Criminal Investigations and the DPP to tighten the case in order to nail the suspect behind the alleged murder. Kenyan police investigators also flew to UK and met witnesses for an interview.
Two years later, in 2021, several UK soldiers, who at the time were training in Nanyuki, came forward to name a suspect.
One soldier provided a statement claiming the suspect had confessed to the murder on the fateful night and taken him to see the body in the septic tank. The information was also published in a UK newspaper.
In April this year, UK Secretary of State for Defence John Healey met Wanjiru’s family and told them about his “determination to see a resolution” in the case of her murder, pledging the UK’s full support for the investigation.
“It was deeply humbling to meet the family of Agnes Wanjiru today. In the 13 years since her death, they have shown such strength in their long fight for justice. I reiterated my determination to see a resolution to the still unresolved case,” Mr Healey said at the time.
“We will continue to offer our full support to the Kenyan investigatory authorities, which has included visits by Kenyan investigators to the UK to interview witnesses and of the Provost Marshal (Serious Crime) to Kenya”.
Wanjiru's body was later discovered in a septic tank at the hotel, three months after her disappearance in the company of British soldiers training in Kenya on the night of March 31, 2012. At the time of her death, Wanjiru was 21. The suspect has not yet been formally charged but is sought for trial in Kenya.
The case is fixed for mention on October 21, 2025 for the prosecution to inform the court on the progress of the extradition process.
“Our thoughts remain with the family of Agnes Wanjiru and we remain absolutely committed to helping them secure justice.
“We understand that the Kenyan Director of Public Prosecutions has determined that a British National should face trial in relation to the murder of Ms Wanjiru in 2012.
“The reports that an arrest warrant has been issued against a UK citizen are a significant moment for us and is incredibly welcome.
“We hope this marks the beginning of justice being done for our beloved Agnes," the family said in a statement.
Leigh Day human rights partner Tessa Gregory, representing Agnes’ family, said: “It is a very long road to justice for our client who has been fighting for accountability for Agnes’ murder for over a decade. The family now calls upon the British Government to do everything in its power to ensure that the accused can be extradited and face trial in Kenya as soon as possible.”
