Mbiyu Kamau’s Role in the Advocacy for Justice

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It has been 13 years since the murder of Agnes Wanjiru by people believed to be British soldiers.

The tragic case of Agnes Wanjiru, a 21-year-old Kenyan mother, has been a harrowing journey for her family, marked by grief, frustration, and a relentless pursuit of justice. From 2012, the case remains unresolved, exposing deep systemic issues involving the British military, Kenyan authorities, and a culture of impunity. Throughout this ordeal, senior lawyer Mbiyu Kamau has been a steadfast advocate for the Wanjiru family, supporting their fight for accountability and justice against formidable odds.

The British Army Training Unit Kenya (BATUK) is a permanent training support force based in Nanyuki, central Kenya – and it has existed since Kenyan independence from the UK in 1963.

BATUK has about 100 permanent staff and some 280 rotating short-term regiments from the UK. The unit trains British troops and provides antiterrorism training for Kenyan troops facing terror armed groups. 

Britain’s Foreign Secretary Boris Johnson, left, awards a Long Service and Good Conduct medal to an officer at the British Army Training Unit Kenya [BATUK] in Nanyuki, Kenya, on March 17, 2017

[Thomas Mukoya/AP Photo]

The Background of Agnes Wanjiru’s Murder

Agnes Wanjiru was a 21-year-old mother who lived in Nanyuki, Kenya, a town hosting the British Army Training Unit in Kenya (BATUK). On the night of 31 March 2012, Agnes was last seen leaving the Lions Court Hotel in Nanyuki with a British soldier from the Duke of Lancaster’s Regiment, who were in the area for training exercises. She disappeared that night, leaving her family in distress.

Two months later, in June 2012, her body was found in a septic tank at the hotel by a worker who noticed a foul smell. A post-mortem examination confirmed that Agnes had been brutally murdered, with stab wounds to her chest and abdomen and signs of a beating. The advanced state of decay made further details unclear. The discovery confirmed the worst fears of her family, who had been searching for her since her disappearance.

Agnes left behind a devastated family, including her sister Rose Wanjiku (also referred to as Rose Wanyua in some sources), who took on the responsibility of raising Agnes’s five-month-old daughter. The family, living in the Majengo of Nanyuki, was thrown into a cycle of grief and unanswered questions. They remembered Agnes as a vibrant young woman with dreams, rejecting the “unfair” label some British media outlets later used—a description they strongly disputed.

Allegations of a Cover-Up by the British Military

The case took a troubling turn as evidence pointed to a cover-up by the British military. A 2019 Kenyan inquest, led by Judge Njeri Thuku, concluded that Agnes had been unlawfully killed by one or two British soldiers. Despite this finding, no one has been charged or convicted in the 13 years since her death. The soldier allegedly responsible, referred to as “Soldier X” in media reports, was identified by multiple sources within the regiment. Another soldier, “Soldier Y,” claimed that Soldier X confessed to strangling Agnes on the night she disappeared and even showed him her body in the septic tank. Soldier Y reported this to senior officers, but he was dismissed as a liar and told to stay quiet. The regiment returned to the UK the next day, leaving the crime unaddressed.

The murder became an “open secret” within the Duke of Lancaster’s Regiment. A 2021 UK Sunday Times investigation revealed that soldiers in the regiment openly mocked Agnes’s death in a private Facebook group chat, posting memes about murder, hotels, and septic tanks, with captions like “if you know, you know” and comments such as “septic tank” followed by ghost emojis. Senior officers reportedly made light of the murder during briefings, with one non-commissioned officer joking, “No strangling people this weekend,” about Soldier X. This culture of trivialisation reflected deep-seated prejudice and unfair attitudes within the regiment, as Agnes became the subject of cruel humour rather than a victim deserving justice.

The British military’s response—or lack of it—added to the family’s pain. Initial reports of the crime were made to military police shortly after Agnes’s death, but they were dismissed as rumours. In June 2012, Kenyan police asked the British Royal Military Police to question nine soldiers and collect DNA samples, but the request went unanswered. The Ministry of Defence (MoD) later claimed they never received it. The MoD has consistently passed the responsibility to Kenyan authorities, saying the investigation is under their jurisdiction, while Kenyan officials have accused both the British and Kenyan governments of hiding the identity of the killer.

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Mbiyu Kamau’s Role in Supporting the Family as the Senior Advocate

Mbiyu Kamau, a senior lawyer representing Agnes Wanjiru’s family, has been a key figure in their pursuit of justice. For the past 13 years, Mbiyu Kamau has worked tirelessly to hold both the British and Kenyan authorities accountable, navigating a challenging legal landscape filled with jurisdictional disputes, institutional silence, and systemic failures.

Mbiyu Kamau’s involvement grew as the family became increasingly frustrated with the lack of progress. In 2023, he filed a constitutional petition on behalf of Agnes’s sister, Rose Wanyua, alongside the African Centre for Corrective and Preventive Action. This legal action was described as a “move born out of desperation” after years of inaction. The petition accused the Kenyan Directorate of Criminal Investigations (DCI) of sidelining the family and failing to share vital information that would help them seek justice. It also claimed that the Kenyan and British governments were deliberately hiding the identity of the person responsible, effectively blocking the path to justice.

Mbiyu Kamau has been outspoken in his criticism of how the authorities have handled the case. He argued before the Kenyan High Court in Nairobi that the failure to prosecute, extradite the suspect, or share investigative findings with the family was a serious breach of their rights to fair treatment. He stressed that the family deserved to know whether Agnes’s killer would face justice and whether her daughter, now 13 years old and growing up without her mother, would receive compensation for the injustice she has suffered. Kamau’s arguments have highlighted the systemic barriers the family faces, including being left out of the investigation process and the lack of openness from both governments.

In court, Mbiyu Kamau has pushed for the British government to extradite Soldier X to Kenya to face murder charges, a demand that has met with resistance. The British Army Training Unit in Kenya (BATUK) has claimed immunity from Kenyan jurisdiction, with BATUK Commander Colonel Andrew Wilde telling the High Court in 2023 that the UK, as a foreign sovereign state, does not consent to be prosecuted in Kenyan courts. This position has further complicated the family’s pursuit of justice, but Mbiyu Kamau has remained steadfast, advocating for their right to a fair and transparent process.

Mbiyu Kamau’s efforts have also helped keep the case in the public eye. His legal actions have coincided with renewed media attention, such as the 2021 British Sunday Times investigation and a 2024 British ITV documentary, which brought fresh scrutiny to the British military’s conduct in Kenya. These developments have amplified the family’s calls for justice, with Mbiyu Kamau providing the legal foundation for their efforts. He has worked closely with Rose Wanyua and Agnes’s niece, Esther Njoki, who have been vocal about their pain and determination, with Esther stating, “Innocent blood cries out loudly from the ground… Agnes’ blood will always cry for justice.”

The Broader Context and Ongoing Struggle

The Agnes Wanjiru case highlights broader issues involving the British military’s presence in Kenya, including allegations of environmental violations and other crimes. It has also exposed a cruel culture within the armed forces, where the murder of a young person was treated as a joke rather than a tragedy. The case draws parallels to other institutional failures, such as the 2021 murder of Sarah Everard by a British police officer, showing how cultures of silence and impunity allow such crimes to go unpunished.

Despite the 2019 inquest’s findings and renewed investigations prompted by media exposés, no one has been held accountable for Agnes’s murder as of 1 April 2025. The British MoD has maintained that it is cooperating with Kenyan authorities, but the family and their supporters argue that this cooperation has been superficial at best. In 2024, the new Labour government in the UK, led by Defence Secretary John Healey, promised to meet with the family and launch an inquiry into the murder and potential cover-up. However, the family remains sceptical, having faced years of broken promises.

Mbiyu Kamau’s role has been crucial in keeping the case alive legally and ensuring the family’s voice is heard. His persistence has given them a fighting chance against powerful institutions, but the road to justice remains long and uncertain. For Agnes’s family, the pain of her loss is compounded by the knowledge that her killer continues to live freely, while her daughter grows up without answers. As Esther Njoki poignantly said, “We have been stonewalled for far too long. No one seems to care about us.” Kamau’s unwavering support has been a beacon of hope in their struggle, but the question remains: will Agnes Wanjiru ever get the justice she deserves?

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