Agnes Wanjiru’s family accuse gov’t of delaying prosecution of suspects in kin’s murder

The family of Agnes Wanjiru, the Nanyuki woman who died in the company of British soldiers and then dumped in a septic tank 11 years ago has now petitioned the High Court accusing the government of delay in prosecution of the suspects behind the murder of their relative.

In an application filed under a certificate of urgency at the Milimani High Court by Wanjiru’s elder sister Rose Wanyua and a local civil society group – African Center for Corrective and Preventive Action (ACCPA), sought orders compelling Attorney General Justin Muturi, CS interior Kithure Kindiki, CS foreign Affairs Alfred Mutua, CS Defense Aden Duale, DPP Renson Ingonga and DCI boss Amin Mohamed to produce in court a report on the status of investigations, extraditions and compensation of the family in regard to the heinous murder of the late.

According to the petitioners, the murder case has taken 12 years to investigate and all they have been getting from the named government officials are promises with no action.

Wanjiru, then aged 21, was last seen in the company of British soldiers at Lions Court Hotel in Nanyuki in March 2012 before she went missing, only for her body to be retrieved from a septic tank at the hotel two months later.

Through lawyer Mbiyu Kamau, the petitioners faulted the state officers for withholding information and lack of prosecution of the suspects behind the alleged killing of Wanjiru leading to an innate delay in the prosecution of the offence.

“The Respondents(the government officials) have failed to make any effort to either commence criminal proceedings against suspects or extradite suspects that are outside the jurisdiction of Kenyan criminal courts,” the court papers state.

An inquest heard before Nanyuki Principal Magistrate Njeri Thuku concluded in November 2019 that Wanjiru was killed by British soldiers.

The findings of the inquest were copied to the office of the Directorate of Public Prosecution (DPP) and the Attorney-General, with the aim of facilitating the arrest and prosecution of the murder suspects.

The petitioners say that the state officers are aware of the killers as on November 7, 2021, the Sunday Times, in the United Kingdom, published a newspaper report revealing that the identity of the perpetrator was known and a similar report was made to the relevant authorities in the United Kingdom.

While detailing a possible cover-up by the government, the petitioners noted that despite the findings of the inquest and the Sunday Times newspaper report, the state officers have failed to notify Wanjiru’s family of the status of their investigations and possible prosecution.

According to Wanyua, the government officers have frustrated her efforts of seeking justice for her later sister by failing to give her regular information on the status of the case and what efforts were taken to move the case forward.

At the time of her murder, the Late Wanjiru left a 5-month-old baby who is now aged 11 and is yet to know of what befell her mother, Wanyua states.

“The withholding of information, lack of extradition and prosecution have inhibited the sovereignty of the Kenyan people. The failure of the Respondents to act on any findings in the case by way of commencing prosecution against the suspects for the murder is a grave open wound on the family and especially the orphan,” Mbiyu argues.

He adds that: ” The actions or omissions of the AG, CS interior, CS Foreign Affairs, CS Defense, DPP and DCI are a hindrance to any other independent avenues of justice including private prosecutions and/or civil suits against the perpetrators.”

They now want the court to issue orders compelling the British Army Training Unit Kenya and or their employees, agents and assigns to release to them the information specifically military personnel who were guests at the hotel at the time the Late Wanjiru was last seen.

“We seek to be supplied with information of the personnel and or soldiers who were outside the military base during the material date Wanjiru went missing, a copy of the investigation report by military police over the murder, transcripts and witness statements recorded by officers over the murder,” the petitioners seek.

Further, they also want orders compelling the government officials to avail a report and information including amongst others the names, ranks, photographs, DNA profiles, and fingerprints of its soldiers and other officers who were reasonably suspected of being guests at the Lions Court hotel.

Mbiyu also seeks an order compelling the Commission on Administration of Justice to table a report in court revealing the steps taken in assisting the late Wanjiru family including the CS Interior in pursuing justice for her heinous murder which is being frustrated by CS Foreign Affairs, AG, DPP and DCI.

They further want the DCI boss compelled to avail a report on investigative steps taken by officers in cooperation with international law enforcement agencies such as INTERPOL, the Royal Military Police in the United Kingdom, its Special Investigations branch including international warrants of arrest of the suspect behind the murder.

The family wants to find that the AG, CS Interior, CS Foreign Affairs, CS Defense, DPP and DCI acts of abdicating their responsibility contravene Articles 29, 35, & 47 of the Constitution of Kenya, 2010 for the Late Agnes Wanjiru and her family.

The case is pending a hearing before Justice Lawrence Mugambi.

At the same time a prominent UK law firm Leighday Legal which won hundreds of Iraq victims of British Army abuse cases has also on behalf of the family sued MoD United Kingdom at the Royal Court of Justice.