Kenyan lawmakers have expressed strong anger after senior officials from the British Army Training Unit Kenya (Batuk) failed to appear before a parliamentary committee investigating allegations of serious crimes committed by British soldiers.

The National Assembly’s Defence, Intelligence and Foreign Relations Committee had invited Batuk leaders alongside Defence Cabinet Secretary Soipan Tuya to discuss the ongoing inquiry.

However, only the Cabinet Secretary and her principal secretary, Patrick Mariru, showed up, leaving the committee members frustrated and demanding answers.

When asked about the absence of Batuk officials,  Tuya said she was unaware of their whereabouts.

“We cannot speak for them. We did our bit through the Ministry of Foreign Affairs, and they are not here,” she told the committee chaired by MP Nelson Koech. The response did not satisfy members, who accused the British officers of disrespecting Parliament and the Kenyan people.

“This committee will declare Batuk a hostile witness. It is clear they do not want to appear before us,” said Koech. “There are children born out of illegal relationships with British soldiers. This House was cautious about passing the Defence Cooperation Agreement, and now Batuk has shown it is uncooperative and disrespectful.”

Being declared a hostile witness means an entity refuses to cooperate with an official investigation by withholding evidence or failing to attend hearings.

The committee can then compel their appearance by ordering arrest, impose fines, or submit its report without their input. Koech said Batuk officials would get one final chance to appear but warned there would be no tolerance for further absences.

Kamukunji MP Yusuf Hassan criticized the British unit for ignoring the committee summons, saying the UK’s military presence in Kenya must be held accountable.

“We will dissolve the agreement we have with the British government. It is unacceptable to come to a foreign country, commit crimes, and refuse to be held responsible,” he said.

Yusuf highlighted the unsolved 2012 killing of Agnes Wanjiru, allegedly by British soldiers, as an example of ongoing impunity. “These soldiers are bringing indiscipline to Kenya. There is no goodwill from Batuk; they are killing our people and damaging our environment. These are not actions of friends,” he added.

Baringo Central MP Joshua Kandiye stressed that Kenya’s sovereignty must be respected. “We need clarity from the Treasury on the implications if we dissolve this agreement. Kenya is a sovereign nation, and the UK government must respect us,” he said.

Kajiado Central MP Memusi Kanchori noted the British unit’s absence showed they do not take the inquiry seriously. “We have invested time and effort, visiting places and speaking to people. We will proceed to write our report without Batuk’s input,” he said.

The committee is investigating claims of corruption, fraud, discrimination, abuse of power, mistreatment, torture, unlawful detention, killings, and other human rights violations by British soldiers.

It is also reviewing Batuk’s adherence to safety protocols, legal obligations, and military standards. The Ministry of Defence and Batuk officials are expected to be the last witnesses before the report is presented.

Agnes Wanjiru’s case remains central to the investigation. In 2012, her body was discovered in a septic tank at a hotel near the British military base in Nanyuki.

Witnesses said she was last seen dancing with a British soldier at the lodge’s bar before heading to the guest rooms. In 2021, former Directorate of Criminal Investigations chief George Kinoti informed MPs that a hotel gardener found part of her body in the septic tank.

Kenya and the UK have a Defence Cooperation Agreement allowing UK troops to train at the Batuk facility in Nanyuki. The pact was delayed in the 12th Parliament due to human rights concerns but later ratified by the 13th Parliament.

Article 6 of the agreement states visiting forces must follow Kenyan laws but gives the UK primary jurisdiction over crimes committed during official duties.