Family of Kenyan woman murdered by British soldier sues State
Agnes Wanjiru, who was found dead in 2012 after she went missing.
What you need to know:
- Ms Rose Wanyua, who is the administrator of the estate of Agnes Wanjiru, moved to the High Court seeking several orders, among them compelling the government through various agencies to supply her with information regarding the status of investigations, extraditions of the suspects and compensation of the family.
- She said she has made repeated requests and office visits to the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) seeking information on the progress of investigations or prosecution of suspects into the murder of Ms Wanjiru.
The family of a Kenyan woman who was murdered by a British soldier in Nanyuki in 2012 and her body dumped in a septic tank have sued the government demanding information as they seek to pursue justice for the slain mother.
Ms Rose Wanyua, who is the administrator of the estate of Agnes Wanjiru, moved to the High Court seeking several orders, among them compelling the government through various agencies to supply her with information regarding the status of investigations, extraditions of the suspects and compensation of the family.
Deceased's daughter
Ms Wanyua has been taking care of Wanjiru's daughter who was five months old when she disappeared.
John Muchiri and his wife Rose Wanyua during an interview at Majengo area in Nanyuki town on October 25, 2021. The family is seeking justice for their kin, the late Agnes Wanjiru, who was allegedly murdered by a British soldier nine years ago in a Nanyuki hotel.
"A preservation order be issued compelling the Respondents to preserve any evidence collected for purposes of any legal proceedings," she said in the petition.
Repeated requests to the DCI and DPP
She said she has made repeated requests and office visits to the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) seeking information on the progress of investigations or prosecution of suspects into the murder of Ms Wanjiru.
Ms Wanyua now wants the court to order the government to release a report on investigative steps taken in cooperation with international law enforcement agencies such as Interpol including international warrants of arrest if any, investigations done in cooperation with the relevant investigative agencies in the United Kingdom including the Royal Military Police and its Special Investigations branch.
Wanjiru's body was discovered at Nanyuki Hotel in a septic tank on June 5, 2012, three months after her disappearance in the company of British soldiers on the night of March 31, 2012.
Investigations into the murder took around five years before their findings were sent to the DPP, who recommended an inquest into the death.
Murdered
The inquest determined that Wanjiru was murdered.
On November 7, 2021, the Sunday Times, a UK publication, reported that the identity of the perpetrator was known and a similar report was made to the relevant authorities in the UK.
Ms Wanyua and a local non-governmental organization African Center for Corrective and Preventive Action said despite the findings of the inquest and the media reports, the government has failed to notify the family of the status of their investigations and possible prosecution.
"That the Honourable Court be pleased to issue an order of mandamus compelling the 3rd Respondent, as the Executive Head of Foreign Affairs, and/or its employees and/or agents and assigns to avail to the Petitioners a report, memorandum, or policy guidance it has issued to relevant bodies it oversees towards assisting and coordinating the activities of other state bodies including other Respondents towards the resolution of the matter at hand," the petition reads.
Violating the constitution
Ms Wanyua accuses the government of violating Article 35 of the Constitution by withholding information, investigation reports and police files necessary to ensure that the perpetrators of the heinous crime are held accountable.
"The violation of Article 35 by the respondents has hindered the extradition process necessary to return the perpetrators of the crime to Kenya for trial for the offence of murder," her lawyer Mbiyu Kamau said.
She said Wanjiru left a five-month-old baby who is now aged 11 and is yet to know of what befell her mother.
Other than the DPP and DCI, Ms Wanyua has named the Attorney General, CS Foreign Affairs, Independent Policing Oversight Authority (IPOA), and the British Army Training Unit in Kenya (BATUK) among others as respondents in the case.
AG, CS Interior, CS Foreign Affairs, CS Defense, DPP, and DCI to inform the Court of the status of investigations, extraditions and compensation of the family.
Batuk is a permanent training support base mainly based in Nanyuki and was established by the Defense Corporation Agreement between Kenya the United Kingdom and Northern Ireland.
Ms Wanyua said the British High Commission stated after the revelation that they were cooperating with Kenya's investigative agencies and prosecution to bring the matter to a close and ensure the perpetrators were held to account.
