MPs investigate claims of human rights violations by British army in Kenya

The National Assembly’s departmental committee on defence, intelligence and foreign relations has started an inquiry into the alleged malpractices within the British Army Training Unit in Kenya (BATUK).

The Committee chaired by Belgut MP Nelson Koech is investigating the alleged ethical breaches including corruption, fraud, discrimination, abuse of power and allegations of human rights violations.

BATUK has been accused of various human rights violations such mistreatment, torture, unlawful detention, killings and other violations of internationally recognized human rights standards.

The committee last week met with commissioner of the Kenya National Human Rights Commission (KNHRC), Prof Marion Mutugi, University of Nairobi lecturer, Prof Isaiah Mwaniki and secretary of the Maumau Governing Council of Kenya, Wambugu Githagia as the exercise kicked off.

The team has so far received submissions from the KNHRC which presented 43 complaints that the Commission has received against BATUK.

The complaints dating as far back as 1975 detailed land disputes, cases of unexploded ordinance harming civilians and lack of compensation for victims, sexual violence, and environmental degradation.

“There is generally a lack of accountability and access to justice with no form of redress or adequate reparations being availed to the victims.

“KNHRC is concerned that many other cases do not get reported owing to the remoteness of the training area, cultural attitudes and state inaction. Some victims have also given up on pursuing justice due to the expensive and time-consuming court process,” said Prof. Mutugi.

Gilgil MP Martha Wangari sought to know the actions that Commission had taken beyond reporting the complaints.

“What have you done to support these communities? Have you done civic education on the rights of communities in the affected areas? Does the community have an avenue to access your offices?” she asked.

In response, Prof Mutugi acknowledged that there are two offices located within the affected communities. However, the Commission cited budget constraints and limitations of their mandate specifically lacking enforcement powers.

Regarding the Defence Cooperation Agreement between Kenya and the UK, members of the committee expressed dissatisfaction with KNHRC.

“The information you have shared would have been useful when we were ratifying the Defence Cooperation Agreement between Kenya and the UK. We advertised on local dailies seeking information from the public. As a key stakeholder, where were you?” asked Koech.

In addition, members raised concern over the delay in the conclusion of existing cases against the Batuk and the unfair compensation issued to victims.

Dr Mwaniki and Mr Githagia shed light on historical land injustices perpetrated by the British Army to communities surrounding the military base that are yet to be compensated.

The witnesses urged the committee to address historical injustices and facilitate land compensation for communities affected by military activities.

Members recognized the need to enforce children’s rights following several testimonies of relationships between soldiers and members of the community that resulted in mixed-race children who do not have the support of their fathers and are facing identity issues, stigma and social exclusion.

“We assure you that we are committed to handling this inquiry, in line with our mandate, particularly on foreign relations. We are keen on engaging all stakeholders to address these concerns and protect the interests of Kenyans,” Koech said.