House team wants BATUK grilled over atrocities

A parliamentary committee is now pushing for the top brass of the British Army Training Unit (BATUK) to appear before it over the atrocities committed during their operations in the country.

This came on a day the Ministry of Defence defended itself against claims by Members of Parliament that it was shielding officers from BATUK from appearing before the committee.

Speaking when defense Principal Secretary Patrick Mariru appeared before the Defense, Intelligence and Foreign Relation Committee, chairperson Nelson Koech noted that it was imperative that the officers from the British Unit appear for questioning in line with an ongoing probe that is looking into various historical human rights violations including sexual violence and killings.

“In case of any investigation, BATUK is required to comply with the Kenyan Constitution which allows us to summon them here. There is nothing unprocedural about it. They must appear. Failure to which we will invoke the provided for privileges,” said Koech.

Notably, the Ministry of Defense had expressed reservations against having the BATUK officers appear before the committee physically saying there was certain procedure that should be followed in the House team’s bid to collect information relevant to their probe.

PS Mariru had argued that the committee should go through the Intergovernmental Liasion Committee (IGLC) - a body created and involved in dispute resolution related to BATUK's activities in Kenya- as opposed to summoning the officials.

“The summoning of BATUK officers might restrain our relationship with the British. IGLC cannot impede on the work that Parliament does. All we are raising is the route that you use in getting the information,” said Mariru.

The committee’s Vice Chair Bashir Abdullahi however cautioned the Ministry against appearing like a stumbling block in Parliament’s pursuit for Justice and urged them to take a step back and allow BATUK to appear.

“In the last Parliament we summoned ambassadors and they all appeared accompanied by Cabinet Secretaries. Let BATUK appear together with the Ministry of Defence,” stated Bashir.

Saboti MP Caleb Amisi shot down the assertion that Committee must go through IGLC noting that their appearance before the committee was also informed by international best diplomatic practices. 

“They will be coming here to give us crucial information and are not appearing before us as accused persons,” he said.

The lawmakers are probing alleged ethical breaches related to ethical misconduct, including corruption, fraud, discrimination, abuse of power, and other unethical behaviors by BATUK. They are also investigating allegations of human rights violations including mistreatment, torture, unlawful detention, killings, or any other violations of internationally recognized human rights standards.

Key among the issues being probe is the Agnes Wanjiru, a Kenyan woman, was murdered in 2012, and her body was found in a septic tank in Nanyuki, Kenya. This was months after she was last seen with British soldiers. An earlier inquest claimed that British soldiers were allegedly responsible for her death, but no one has been charged.

Shinyalu MP Frederick Ikana pressed on, “The PS must reconsider his position so that we can have a one-on-one engagement with Batuk”

But in a rejoinder PS Mariru denied being an impediment to the achievement of justice in the country.

“The Ministry of Defence cannot, it will not and must not in any way stop you as Parliament in your pursuit of the constitutional mandate, I cannot hold brief for BATUK,” he asserted.

In its probe, the committee has so far questioned the Kenya Human Rights Commission, Mau Mau Veterans Association, and residents and leaders from Nanyuki, Isiolo and Samburu counties.

Noteworthy is that BATUK is a British Army training support unit based in Nanyuki, Kenya, with a smaller presence in Nairobi.

BATUK facilitates training for British troops, particularly those preparing for deployments in hot and arid climates, and also supports Kenyan Defence Forces through partnered training and other activities.