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Could a British soldier be extradited to Kenya to stand trial for Agnes Wanjiru’s murder?

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In March 2012, Agnes Wanjiru was seen entering the Lions Court Inn Hotel in Kenya with a British soldier. Her body was discovered two months later in a septic tank with stab wounds. Police in Kenya have long suspected that Agnes was killed by a British soldier posted to the British Army Training Unit Kenya (BATUK) on the outskirts of Nanyuki. 

To date, nobody has been charged or prosecuted in relation to Agnes’ death, even though a 2018 Kenyan inquest found that she was murdered by a British soldier. This could change very soon, however. After a long and protracted investigation beset by difficulties, earlier this year, the Kenyan Director of Public Prosecution appointed a team of prosecutors to review the case. The Times has reported that prosecutors have recommended that charges are brought against the British soldier suspected of her murder.

If the Kenyan authorities do charge the British soldier with murder, the process for him to stand trial in Kenya is complicated. Unless he agrees to return to Kenya voluntarily to stand trial, the Kenyan authorities would need to instigate extradition proceedings.

The Extradition Act 2003

Extradition is governed by the Extradition Act 2003 (amended post Brexit) and the process for extradition depends on the country where the extradition request originates. Category One territories, which consist of EU countries and Gibraltar, are covered by Part One of the Extradition Act. Category Two territories, those with whom the UK has formal extradition arrangements through the European Convention on Extradition, the Commonwealth Scheme, or a bilateral treaty, are covered by Part Two of the Extradition Act.

Category Two territories are separated into two types, Type A countries which are not required to provide prima facie evidence of the offence alleged in the extradition request, and Type B countries which are still required to do so.

Extradition to Kenya

Extradition to Kenya is covered by Part Two of the Extradition Act and Kenya is classed as Type B territory. Should the Kenyan authorities pursue extradition of the British soldier suspected of Agnes’ murder, they must take the following steps:

What will happen next?

Extradition proceedings are notoriously slow, particularly in complicated and highly political cases such as this. It is not unusual for extradition proceedings to last many years. The family of Agnes Wanjiru have already waited over 13 years for the person(s) responsible for her death to stand trial in Kenya. Despite recent developments which suggest that a charge of murder may be brought against the British soldier suspected of her murder, it will likely be a long time before that person stands trial, if they do stand trial at all.

Find out more about our Extradition services here.

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