Family members of Agnes Wanjiru say a Ministry of Defence ('MOD') inquiry into the behaviour of British troops in Kenya must include a full investigation into the circumstances surrounding her death. They say any such inquiry must be a statutory inquiry under the Inquiries Act 2005 to ensure a proper and independent investigation into British army conduct in Kenya and any cover-up.
Agnes, a 21-year-old mother who lived near the Nanyuki base of BATUK, the British Army Unit in Kenya, was allegedly murdered by British soldiers over 12 years ago. Her body was found in a septic tank at a hotel in the town of Nanyuki in central Kenya nearly three months after she had allegedly spent an evening with British soldiers. To date, no one has been charged or prosecuted in relation to her death despite a 2018 inquest undertaken in Kenya finding that Agnes was murdered by British soldiers.
The MOD has now announced an inquiry into what it described as "alarming allegations of unacceptable behaviour by Service Personnel deployed to Kenya".
The announcement of the inquiry comes ahead of a documentary by ITV's Exposure programme which will be broadcast on Sunday 29 September. The programme looks at the killing of Agnes and reveals allegations that British soldiers from the base in the town where Agnes was killed continue to abuse, rape and sexually assault local women, including underage girls.
Agnes' sister, Ms Rose Wanjiku, and her lawyers Leigh Day have been urging the MOD since 2022 to properly investigate what happened to Agnes, 'including to ensure that any potential cover up is investigated and such acts are never repeated'. This included writing to the new Secretary of State for Defence John Healey asking him to honour the commitments he made when in the shadow cabinet to "pursue justice for Agnes and her family", and to commence "an inquiry into the possible cover-up from commanding officers, military police or the MoD".
Ms Wanjiku welcomes the MOD's recognition that it is necessary to investigate the shocking allegations of continued abuse by British soldiers in Kenya but is concerned to ensure that any such investigation is both effective and independent, and includes consideration of what happened to her sister.
Reacting to news of the MOD inquiry, Agnes Wanjiru's niece Esther Njoki said:
"For years now we have been promised a proper investigation into what happened to Agnes but that has not happened. We do not want an inquiry designed to please people but which doesn't look properly at what happened to Agnes and what could have been done to prevent it. All we want as a family is closure, but we will not get this without answers and without steps being taken to make sure what happened to Agnes never happens again. The UK Ministry of Defence has repeatedly promised us and assured us that steps are being taken to investigate but we are tired of assurance without actions. We want to see action now – action to properly investigate what led to us losing Agnes and us still not having answers more than 12 years on."
Leigh Day partner Tessa Gregory , who represents Agnes' sister Rose Wanjiku together with Leigh Day Solicitor Carolin Ott , said:
"Our client and her family are sorely disappointed that it has taken fresh grave allegations of abuse of Kenyan women by British soldiers to prompt action that they have been urging for years. We hope that decisive and effective action will now finally be taken. Our client calls on the Defence Secretary to order a statutory inquiry to ensure the full powers available under the Inquiries Act 2005 are utilised to effectively investigate both old and new allegations of abuse by British soldiers in Kenya.
"Our client hopes that, after over 12 years of inaction and failure to bring those responsible for the killing of Agnes to justice, this inquiry can finally shed light on who was responsible for her sister's murder, what could or should have been done to stop them and what will now be done to ensure lessons are learned and no more women in Nanyuki suffer."