The Defence Cabinet Secretary, Soipan Tuya, on Tuesday failed to explain why senior officials from the British Training Army Unit (Batuk) were not present to answer questions regarding the atrocities committed by their soldiers, despite having been formally invited.
The National Assembly Committee on Defence, Intelligence and Foreign Relations had arranged to meet with the Batuk officials and Ms Tuya to discuss the ongoing investigations into the misconduct of their soldiers in the country.
However, only the CS and her Principal Secretary Patrick Mariru showed up, leaving MPs asking questions about the whereabouts of the British officials.
Asked where the officials were, Ms Tuya said that she was not aware.
“We cannot speak for them. We did our bit through the Ministry of Foreign Affairs, and they are not here,” Ms Tuya told the committee chaired by MP Nelson Koech.
This angered the committee members, who accused the British officials of treating the committee with contempt, given the crimes committed by their soldiers in Kenya.
“This committee will declare Batuk a hostile witness. It is evident that they do not want to appear before the committee,” said Mr Koech.
“There are children who were born out of these illegal relationships with British soldiers. This House was very reluctant to pass the defence cooperation agreement, so in the eyes of this committee, the Batuks are hostile witnesses,” Koech added.
National Assembly Departmental Committee on Defence, Intelligence and Foreign Relations Chairperson Nelson Koech at a past event.
Photo credit: Dennis Onsongo | Nation Media Group
In parliamentary terms, being declared a hostile witness means that the person or entity in question has refused to cooperate with the committee investigating a matter by providing evidence.
The committee can have the person arrested and compelled to appear, impose a fine on them, or proceed to write its report without their input.
Although Mr Koech said they would give the officials one last chance, he maintained that the committee would not tolerate any more absences.
MP for Kamukunji, Yusuf Hassan, said that it is unbelievable that a foreign entity operating in the country thanks to an agreement passed by parliament can snub a committee investigating injustices committed by their soldiers training on Kenyan soil.
“We will dissolve the agreement we have with the British government. You cannot come to a foreign country, commit a crime, and then refuse to be held accountable; that is unacceptable,” said Mr Hassan.
“Ms Agnes Wanjiru was murdered by British soldiers over a decade ago. It is clear that the soldiers are bringing indiscipline to Kenya. We don't see any goodwill from Batuk; they are killing our people and degrading our environment. These are not the actions of friendly nations,” Mr Hassan added.
Baringo Central MP Joshua Kandiye said the committee will not be afraid of the British government because its officials have snubbed them.
“We need to know from the Treasury what we stand to lose if we dissolve this agreement. Kenya is a sovereign state, and the UK government needs to respect us,” said Mr Kandiye.
Kajiado Central MP Memusi Kanchori said that it is clear that Batuk officials do not take the work of the committee seriously.
“This is a matter that has taken up a lot of our time. We have visited many places and spoken to many people. We will proceed and write our report without their input,” he said.
Memusi Kanchori at a past event.
Photo credit: Stanley Ngotho | Nation Media Group
MPs normally have three options in the process of ratifying treaties: They can reject the approval of ratification, approve it without reservation, or approve it with reservation to specific provisions of the treaty.
If MPs approve a treaty with reservations, these are introduced as a provision of the treaty and form part of it.
MPs may approve the ratification of a treaty with reservations if some of its provisions contradict the constitution and negate its provisions; these provisions cannot be permitted to form part of the treaty without an expression of reservation.
According to Standing Order 170A, when approving the ratification of a treaty with reservations, the House must specify the affected treaty provisions and propose amendments to each of them.
Section 12 of the Treaties Act states that a treaty cannot be ratified unless it has been considered and approved by the Cabinet and Parliament.
The committee conducting an inquiry into the conduct of Batuk, following allegations of corruption, fraud, discrimination and abuse of power by British soldiers, has listed the Ministry of Defence and Batuk officials as the final witnesses to appear before it tables its report.
The committee is also examining issues of mistreatment, torture, unlawful detention, killings, and any other violations of internationally recognised human rights standards.
Lawmakers are also assessing the operational integrity of Batuk, especially its safety protocols, compliance with legal requirements, and adherence to established military standards.
Ms Wanjiru reportedly died at the hands of British soldiers at the Lions Court Hotel on the outskirts of Nanyuki in 2012. Her body was found in a septic tank near a British military base in Nanyuki.
In 2021, former DCI George Kinoti informed MPs that Ms Wanjiru had enjoyed herself with the British soldier, and that they had been seen dancing together at the lodge bar on the night in question.
A chronology of events shows that Ms Wanjiru and the soldier, who was in uniform, were later seen heading towards the guest rooms.
Documents presented to parliament by the former DCI indicate that John Gichuki, a hotel gardener, found part of Ms Wanjiru’s body submerged in the septic tank, with her legs floating in the sewage.
Kenya has a pact with the UK under the Defence Cooperation Agreement (DCA), which permits UK troops to conduct training exercises at the Batuk facility in Nanyuki.
During the 12th parliament, the renewal of the agreement was delayed due to allegations of gross human rights violations by British troops, including the death of Ms Wanjiru. However, the 13th Parliament later ratified the pact.
The cooperation agreement enables the militaries of both countries to share expertise, experience and techniques, thereby enhancing the effectiveness of both forces.
Currently, Article 6 of the agreement subjects visiting forces to the laws of the host nation; however, it grants the visiting forces' authorities primary jurisdiction to try offences arising out of official duty.
