Britain’s military in Kenya: Allegations, immunity and a fight for justice | Human Rights
Tragic Outcome After Accident Involving British Army Vehicle in Kenya
Archer’s Post, Kenya – Memusi Lochede reflects on the profound pain her family has endured since her daughter, Chaula, suffered life-altering injuries in a 2019 traffic incident involving a British Army Training Unit Kenya (BATUK) vehicle. Chaula, now 24, lies motionless on the floor of their modest home, her right leg amputated and metal rods supporting her broken body. A wheelchair, donated by a well-wisher, sits unused in the corner.
“I feel ashamed that she needs so much help, and I don’t know how to help her,” Lochede said, as she tenderly wiped drool from her daughter’s chin.
In 2019, while crossing a road, Chaula was struck by a speeding BATUK vehicle. The collision resulted in her being hospitalized for nearly three years, during which her leg was amputated and she was left paralyzed, according to her mother.
Following the incident, Lochede claims a representative from BATUK visited her to express condolences and assured her that the organization would take care of her daughter’s needs. However, the Ministry of Defence (MOD) has since stated that it could not confirm any record of such an approach being made to the family.
Upon Chaula’s discharge from the hospital, BATUK covered her medical expenses without providing receipts or detailing the costs, and subsequently ceased all communication, Lochede recounted. After repeated unsuccessful attempts to reach BATUK’s community liaison officer, she eventually lost hope.
In August, the MOD acknowledged awareness of the incident involving Chaula but did not provide much clarity on the situation. The MOD stated that their legal representatives had contacted the Kenya National Commission on Human Rights regarding the case and that an offer for compensation had been made; however, the commission has reportedly not responded.
As of late September, a MOD spokesperson indicated BATUK is willing to communicate with Chaula’s family, emphasizing the need for verified medical information and conditions due to her status as a minor. They noted that any resolution would require the approval of a Kenyan court.
Ruth Getobai Nchagwa, a deputy director at the Kenya National Commission on Human Rights, stated that they have not directly engaged with BATUK and are unaware of any compensation discussions related to Chaula’s case.
Before the accident, Lochede supported her five children by making and selling beaded necklaces in Nairobi. Now, her focus is solely on Chaula, whose monthly care costs about 30,000 Kenyan shillings (approximately $230), more than Lochede’s typical earnings.
“It’s a shameful feeling to pick up the phone and call so many numbers for help, and no one picks up your call,” Lochede said, fighting back tears. Chaula, once vibrant and talkative, now struggles with depression, exhibiting limited communication and sometimes refusing to eat.
Lochede expressed frustration regarding the repercussions of the incident, asserting that the actions of soldiers are likely influenced by the belief that they can evade accountability.
Cases like Chaula’s are not isolated. A two-year inquiry by Kenya’s parliamentary defense committee last year documented numerous allegations of BATUK abuses. The 94-page report compiles testimonies from various individuals affected by BATUK operations, including instances of violence and neglect. The committee criticized BATUK for refusing to participate in the inquiry, viewing its absence as a sign of contempt for both parliamentary authority and Kenyan sovereignty.
According to the inquiry’s findings, residents perceive BATUK as an occupying force rather than a collaborative partner, drawing comparisons to historical injustices. Witness accounts reveal a concern that alleged abuses are often unpunished and concealed, with police not taking action when complaints arise.
In response to Al Jazeera’s request for comment regarding ongoing concerns, a MOD spokesperson emphasized the importance of the UK-Kenya relationship and stated that BATUK is committed to addressing issues raised by Kenyan authorities. They highlighted that incidents involving BATUK are thoroughly investigated in collaboration with local officials and stated their willingness to abide by Kenyan legal processes.
When asked about specific grievances raised during the parliamentary inquiry, the MOD referred to a written statement asserting that it had not witnessed evidence of any collusion to suppress complaints or silence victims.
Awino Okech, a professor of feminist and security studies at SOAS University of London, stated that the parliamentary report reveals a broader issue within institutional cultures. She stressed that the British government must confront its role in supporting a documented pattern of misconduct by its representatives abroad, emphasizing the necessity of acknowledging the racial dynamics at play regarding how such cases are treated.
