Ms Rose Wanyua Wanjiku holds the portrait of her slain sister Agnes Wanjiru at her home in Majengo Estate, Nanyuki Town on Sunday, November 5, 2023.
Events of this month may have shone a ray of hope to the family of Agnes Wanjiru, who was allegedly killed by British soldiers 13 years ago, that justice will finally be done.
The 21-year-old met her death in March 2012 after a fun night out with British soldiers.
For 13 years, the family has been pursuing justice for their kin, amid numerous hurdles placed on their way by both Kenya and United Kingdom governments.
For the first time since the remains of Wanjiru were retrieved from a septic tank on June 5, 2012, a senior representative of the UK government last week invited the family of their slain relative for a meeting where besides offering condolences, made a firm commitment to have the matter concluded.
Agnes Wanjiru who was found dead in 2012 after she went missing. The management of Lion’s Court in Nanyuki ignored reports of a scuffle and tampered with evidence on the scene where Agnes Wanjiru was supposedly killed by British soldiers 10 years ago, a key witness says.
“Our government will continue to do everything we can to help the family secure the justice they deserve. I reiterate my determination to see a resolution to the still unresolved case,” said UK Defence Secretary John Healey after meeting six family members in Nairobi on April 7.
On the same day, the office of the Director of Public Prosecutions DPP announced the formation of a special team of senior prosecution officers to "conduct a comprehensive review of the file" submitted by the Directorate of Criminal Investigations (DCI).
It was not clear if the statement from the office of the DPP was prompted by a meeting between Mr Healey and President William Ruto as the Defence Secretary who had earlier in the day indicated he would be meeting the Head of State and would take the opportunity to raise the matter.
Notably, it was the first time the progress on the murder probe was being made public with the previous efforts by the media to reach out to the office of the DCI director having yielded total silence even after reports emerged that Kenyan detectives had been dispatched to the UK to interrogate key witnesses. “The DPP wishes to inform the general public that following the conclusion of the investigation of the tragic death of Agnes Wanjiku Wanjiru, the DCI has submitted the police inquiry file for review and legal advice. Consequently, the DPP has constituted a team of senior prosecutors to conduct a comprehensive review of the file,” read a press statement from the DPP’s Public Communication Division.
The statement assured Wanjiru’s family and the public that any decision regarding charges of the murder suspects would be made in strict adherence to the law.
While the family is hopeful that the elusive justice could finally be on the horizon following the recent commitments, they remain sceptical that there are plans to have killers apprehended any time soon.
“We welcome the directive of the ODPP and are happy to hear that investigations have been concluded. All we can ask is that this process be fast-tracked and have the culprits apprehended and charged soon. If this does not happen in the coming few months, we shall take the next step which is travelling to London to pitch camp outside the offices of the UK Defence ministry,” says family spokesperson Esther Njoki.
Ms Njoki says there has been no genuine explanation as to the dragging of feet in starting the prosecution and attributes the setbacks to mutual interest between the two nations.
Kenya and the UK have a renewable Defence Cooperation Agreement (DCA) where British soldiers conduct military training in parts of Laikipia, Isiolo and Samburu counties. At times the foreign troops conduct military drills jointly with the Kenya Defence Forces (KDF).
UK Defence Secretary John Healey (third right), British High Commissioner to Kenya Neil Wigan (right) with Agnes Wanjiru's relatives.
It was during a break from one of the routine training sessions that Wanjiru, a mother of one joined the soldiers one evening for a merry-making party at Lions Court Hotel in Nanyuki Town. The young mother was never seen again alive with her body, bearing visible stab wounds being retrieved weeks later from a septic tank within the hotel’s compound.
Ms Njoki questions why the two governments have been giving empty promises now and expresses fears that the latest show of commitment to resolve the matter could soon join the long list of unfulfilled promises made so far. In 2019, a Nanyuki magistrate’s court concluded a public inquest on the matter and ruled that Wanjiru was murdered by British soldiers. The findings of the inquest were forwarded to the DPP and Attorney General with the aim of facilitating the arrest and prosecution of murder suspects but little happened after that.
“It has been 13 years of struggle, seeking justice since the two governments have been slow with promises being made over and over again. It is hypocritical for the Kenya and UK governments to say it is a complex case just because they failed to act when they were supposed to,” notes Ms Njoki.
Ms Njoki says over the years, the family has suffered mental anguish which has also affected the late Wanjiru’s daughter, now aged 13 and in Grade 8.
“We have been through a lot of challenges especially now that Agnes’ daughter knows what happened to her mum. She is suffering from PTSD (Post-Traumatic Stress Disorder) and the sooner this matter is put to rest, the better for us all,” she says.
Last year, the family lodged a claim at the High Court asking a judge to make a ruling that would force the British army to provide the name of the soldiers who stayed in the hotel on the fateful night and an apology from the UK government for failing to investigate Wanjiru’s death properly.
However, lawyers for the UK government, representing the British Army Training in Kenya (Batuk) have claimed sovereign immunity to prevent the release of the information. Sovereign immunity prevents a government and its officials from being sued without its consent.
Regarding what transpired during the April 7 meeting with the UK Defence Secretary, the family spokesperson maintains that no compensation in cash was given out or promised and that it was not part of the agenda in the meeting.
Three days after the meeting, Mr James Mwangi, a human rights activist based in Thika Town and who partially contributed in organising the meeting was arrested by police, fuelling speculations on social media platforms that he was apprehended for vocal on Wanjiru case and brokering a compensation deal for the family amounting to millions of shillings.
However, it has emerged that Mr Mwangi was arrested on accusations of tax evasion and was arraigned at a Nyeri court but later released on a bond of Sh10 million after denying committing the offence.
