- Wanjiru’s family petitioned the High Court in October seeking to have the DCI compelled to release the investigation report and all documentation.
- Wanjiru’s body was found dumped in a sewer at Lions Court Hotel, three months after her disappearance.
Image: HANDOUT
The UK government has denied that it covered up the investigations of a woman allegedly killed by British soldiers on Kenyan soil 10 years ago.
In response to a petition filed by the family of late Agnes Wanjiru, the Commander of the British Army Training Unit in Kenya (BATUK) Colonel Andrew Wilde has said it is improper for them to state that the UK government covered up the revelations of the perpetrator of her murder.
In an affidavit, Wilde explains that the Ministry of Defence of the UK Government and the Defence Serious Crime Unit (previously the Royal Military Police) have been cooperating with the National Police Service (NPS) regarding the probe into Wanjiru’s death.
NPS, he says has command over the investigation and they should be allowed to finalise the matter.
“The probe is still underway and it is being undertaken by the National Police Service. The family should allow the NPS to conclude the probe before proceeding with any other legal proceedings,” Wilde said.
Wanjiru’s family petitioned the High Court in October seeking to have the DCI compelled to release the investigation report and all documentation necessary for the prosecution of her perpetrator.
The family cited Article 35(1) of the constitution which guarantees every citizen the right of access to information held by the State and information held by another person that is required for the exercise or protection of any right.
They claim to have made numerous requests and office visits to the DCI and DPP seeking information on the progress of investigations or prosecution of suspects behind Wanjiru’s murder.
To date, these visits have never borne any fruit as the investigative bodies have refused to provide them with the information, the family claims.
“Any delay in addressing the state's refusal to provide information could significantly impair our ability to assist legal processes ongoing in the United Kingdom and participate in any criminal proceedings within the Republic of Kenya,” the family said.
Through Lawyer Mbiyu Kamau, Rose Wanyua who has been identified as the administrator of the Estate of the Late Wanjiru says the denial by the DCI to provide them with the relevant documents is violating their efforts to pursue justice for Wanjiru.
Among the documents sought for release are the Investigation Diary, Witness Statements recorded, Post Mortem Report of the Deceased the late Agnes Wanjiru, and Photographs or sketches of the scene of the crime.
The family also seeks access to exhibits.
Also sought is a copy of the report of forensic investigation done on people who were either suspects or persons of interest, for example, their names, rank, photographs, fingerprints and DNA profiles.
The family further seeks an order compelling the DCI to release to them a report on investigative steps taken in cooperation with international law enforcement agencies such as Interpol including international warrants of arrest if any.
But BATUK says there is no justification as to why these documents and fingerprints of any soldiers who are the subject of an ongoing probe should be handed over to them.
“The petitioners are civilians and do not have any power to investigate the death of the late Agnes Wanjiru," Wilde's affidavit reads in part.
Wanjiru’s body was found dumped in a sewer at Lions Court Hotel, three months after her disappearance in the company of British soldiers on the night of March 31 2012.
Twenty-two months later, the Director of Public Prosecutions (DPP) recommended an inquest.
The inquest determined that Wannjiru was murdered.
What followed was a report published in the Sunday Times on 7 November 2021 revealing that the identity of the perpetrator was known.
The matter was pushed to 21 May next year as Justice Lawrence Mugambi was not available today.