Nairobi, August 26 (AP) – In an unprecedented move, the British government has agreed to dispense millions in compensation to Kenyans following the lifting of military legal immunity in Kenya. This settlement amounts to 2.9 million British pounds (USD 3.9 million) and addresses damages caused by a 2021 wildfire inadvertently ignited by British soldiers. This follows a pivotal ruling that dismantled the UK government's and British Army's immunity from local lawsuits, marking a shift towards accountability for foreign military activities on Kenyan soil.
More than 7,700 Kenyans, alongside an environmental lobby group, initiated a class-action lawsuit against the British Army Training Unit in Kenya. They accused it of devastating over 12,000 acres of the Lolldaiga Hills in central Kenya. The British government acknowledged that a soldier's kerosene stove accidentally sparked the fire, which raged for nearly two weeks, taking one life and impacting numerous animals.
Residents reported health complications, such as respiratory issues and impaired vision, from the toxic fumes. An environmental assessment submitted to the court revealed that the extensive damage would require 30 to 50 years to address.
The British government had contended it was immune from prosecution in Kenyan courts, but High Court Judge Kossy Bor refuted this, emphasizing that the UK forfeited immunity when entering a defense treaty with Kenya. This landmark decision allows Kenyan courts to attempt civil claims against British military forces for the first time.
Kelvin Kubai, representing the Lolldaiga community, praised the settlement, suggesting it sets a precedent for future cases and redefines diplomatic and military accountability in host nations. However, some voiced disappointment over the compensation amounts, which fall short of the 575-million-pound demand. Residents are reportedly receiving as little as 129 pounds.
Local resident Charles Ndungu expressed shock over receiving merely 22,500 Kenyan shillings (129 pounds), despite suffering significant damages from the fire and aiding in extinguishing efforts. Some community members are planning protests to demand greater transparency and justice.
John Kiunjuri, an official of the Lolldaiga community, mentioned plans to convene for further discussions on subsequent actions.
Adding to the controversies surrounding the British Army, recent revelations indicate ongoing violations of sexual conduct bans by soldiers engaging in transactional sex. Despite regulations prohibiting such activities, a report from Britain's Ministry of Defence noted that British troops stationed in Nanyuki continue to fuel illegal prostitution in the area.
The inquiry followed a 2024 investigative documentary by ITV, which uncovered continued transactional sexual activity among UK personnel in Kenya. Additionally, the UK High Court recently mandated disclosure of contact information for 11 British soldiers allegedly fathering children with Kenyan women during deployments, potentially prompting paternity cases and citizenship claims.
While Kenya and Britain share a longstanding military partnership, ongoing allegations of British soldier misconduct have intensified calls for reviewing the century-old military agreement, initially signed in 2015 and renewed every five years. The pact, last renewed in 2021, allows around 3,000 British soldiers to train in Kenya annually. (AP) GSP
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