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Ministry Of Defence

Family of Agnes Wanjiru urge new defence secretary to honour commitments made in shadow cabinet

The family of Agnes Wanjiru has written to the new Secretary of State for Defence asking him to honour the commitments he made when in the shadow cabinet to “pursue justice for Agnes and her family”, to ensure “the fullest co-operation with Kenyan detectives” and to commence “an inquiry into the possible cover-up from commanding officers, military police or the MoD”.

Posted on 24 July 2024

Agnes was allegedly murdered by British soldiers in Kenya 12 years ago.

The family’s lawyers at law firm Leigh Day have written to the Government Legal Department to ask for an urgent update on the investigation into the death of Agnes and for a meeting between Defence Secretary John Healey and the family to explain what actions he is and will be taking going forward.

In his role as shadow defence secretary Mr Healey said in April this year:

"The details of this young Kenyan woman's death remain shocking to this day. But 12 years on, there's still no MoD-led investigation into the grave failings exposed in this case. Ministers should be pursuing justice for Agnes and her family, but they are sitting on their hands. Labour has argued for years for the UK to have the fullest co-operation with Kenyan detectives and for an inquiry into any possible cover-up from commanding officers, military police or the MoD. The defence secretary must take this more seriously."

A spokesperson for the Labour Party also told the Sunday Times in April this year that “the party would begin an inquiry if it won the election”.

 

Agnes Wanjiru
Picture of Agnes Wanjiru

 

Agnes’ family have written several letters to the Ministry of Defence since 2022 asking for updates on the investigation by Kenyan authorities into her alleged murder by British troops. Despite this and the 12 years that have passed since Agnes was found dead, they have been given little information about the progress of the investigation and no timescales on when it is likely to conclude. They have also tried to obtain this information through the Kenyan legal process but to no avail.

Despite public comments from the previous government pledging their commitment to working with the Kenyan authorities to “accelerate progress” and deeming it a “priority”, the Wanjiru family have not had any meaningful update on the investigation.

The family argue that the criminal investigation into Agnes’ death by the Kenyan authorities does not relieve the Ministry of Defence of its duties under Article 2 of the European Convention on Human Rights to undertake a proper investigation to ensure that any potential cover up is investigated and what happened to Agnes is never repeated. The family now hope that an Article 2 compliant investigation is commenced by the new Labour government as soon as possible.

Carolin Ott, solicitor at law firm Leigh Day, represents Agnes’ sister Rose. She said:

“Despite numerous assurances from the previous government, little progress has been made in the Kenyan investigation that was revived around 3 years ago, in 2021. Our client has been waiting for justice for her sister for over 12 years and cannot continue to wait indefinitely.

“Our client welcomes the appointment of Mr Healey and hopes that his appointment will constitute a turning point in what has been a disappointing and extensive period of inaction and failure to take her family’s concerns and suffering seriously. It is now time for Mr Healey to make good on his commitments to expose the grave failings in this case and put his strong words into actions.”

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Carolin Ott is a senior associate solicitor in the human rights department.

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Tessa is an experienced litigator who specialises in international and domestic human rights law cases

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