Kenyan Survivors Challenge BATUK Immunity Claims Over Alleged Abuses

Kenyan survivors and advocates are challenging the legal protections relied on by the British Army Training Unit Kenya (BATUK), as unresolved allegations involving killings, sexual violence, injuries and environmental damage continue to draw scrutiny.

British military training in Kenya dates back to a 1964 defence agreement. BATUK now trains about 10,000 soldiers each year in Laikipia and Samburu counties. Kenyan lawyer Kelvin Mugambi Kubai is preparing four cases involving alleged victims, including Noldonyo Piro’s sister Mantoi, road-injury claimant Chaula and Charles Ngare.

Unresolved allegations in Samburu

Piro alleges that British soldiers attacked her and her pregnant sister while the two women were herding livestock in Samburu County in the mid-1990s. She says she was raped and suffered a broken arm, while Mantoi died during the incident.

Kenyan authorities exhumed Mantoi’s body in 2004. Investigators reported rib fractures and recovered an unidentified pubic hair and a British military-type battery above the grave. A released Royal Military Police interim summary documented seven unhealed rib fractures. Gideon Kibunja, the Kenyan detective chief superintendent who led the investigation, said the findings tended to support Piro’s account that the sisters had been attacked by a British soldier.

No one has been charged over Mantoi’s alleged murder. The Kenyan Directorate of Criminal Investigations, the Attorney General and the Office of the Director of Public Prosecutions did not respond to questions about the case, according to the report. The Ministry of Defence has said Operation Tasker, a Royal Military Police investigation, found no reliable evidence supporting a single allegation and that no one was prosecuted. The operation had recorded more than 2,000 allegations of rape and sexual violence involving British soldiers by October 2004.

“Nothing ever happens except people coming here, asking me questions, taking pictures and then leaving,” Piro said.

Immunity and the Lolldaiga fire

Sovereign immunity—the principle that one state cannot generally be sued in another state’s courts—has been central to disputes involving BATUK. In March 2022, Justice Antonina Kossy Bor ruled that the United Kingdom had waived immunity to the extent set out in the defence agreement, giving Kenya jurisdiction over a claim linked to a 2021 fire at Lolldaiga Conservancy in Laikipia.

The fire, which occurred during a UK military training exercise, scorched about 12,000 acres of grazing land and crops, killed livestock and filled nearby communities with smoke. The court directed claimants to first use the Intergovernmental Liaison Committee mechanism. Activists said about 50 elderly claimants died while waiting for the process.

The UK later agreed to pay £2.9 million to 7,723 claimants under a confidential settlement, while accepting no liability for the fire. Some claimants reportedly received 22,500 Kenyan shillings, about $175.

Kubai described the ruling as a significant challenge to the immunity argument. “In this agreement, they expressly waived their immunity,” he said.

Other cases and an unresolved agreement

Former British soldier Robert James Purkiss has been charged with murder in Kenya over the death of Agnes Wanjiru, who was last seen with British soldiers at a Nanyuki hotel in 2012. Purkiss was arrested in the United Kingdom and is contesting extradition. He denies the charge, and the outcome of the proceedings remains unresolved.

Memusi Lochede and her daughter Chaula allege that a BATUK vehicle struck Chaula while she was crossing a road in 2019. Chaula suffered permanent injuries, including the amputation of her leg, according to the claim. Her mother says care costs about 30,000 Kenyan shillings, or approximately $230, each month.

The UK Ministry of Defence has acknowledged that the incident resulted in permanent injuries. It says BATUK investigates road-traffic incidents, cooperates with Kenyan authorities and submits claims to Kenyan courts. The ministry has also said it remains willing to engage with Chaula’s family through an appropriate representative, subject to verified medical and factual information and court approval.

A 94-page report by Kenya’s parliamentary defence committee documented allegations involving killings, rape, unexploded ordnance, vehicle incidents and failures to investigate complaints. Witnesses told the committee that some cases were unpunished or suppressed, including allegations of missing police files and intimidation. The MOD said it was not aware of evidence supporting collusion or intimidation.

Kenya’s Parliament conditionally approved a replacement Defence Cooperation Agreement in 2023, requiring murder to be added to offences over which Kenyan courts would have primary jurisdiction. The UK did not accept that condition, and Kenya has not completed ratification. The 2021 agreement has therefore not entered into force domestically, leaving the legal framework for the British military presence unresolved.

Survivors, bereaved families and residents from affected communities later marched to Parliament on August 12 and petitioned lawmakers not to ratify the agreement until the alleged abuses are addressed.