© BATUKA huge wildfire at Lolldaiga Hills Ranch, a 49,000-acre sanctuary which houses the Nanyuki army base used by Britain for military drills, broke out in March last year and caused widespread devastation, putting more than 1,000 locals at risk of drought
A huge wildfire at Lolldaiga Hills Ranch, a 49,000-acre sanctuary which houses the Nanyuki army base used by Britain for military drills, broke out in March last year and caused widespread devastation, putting more than 1,000 locals at risk of drought.
In the ensuing chaos, Linus Murangiri, an employee of Lolldaiga conservancy, was crushed to death by a vehicle as he rushed to help put out the fire, leaving behind his wife and two sons.
© Champion NewsThe African Centre for Corrective and Preventive Action (ACCPA) brought legal action against BATUK seeking compensation and reparations, alleging that the fire was 'caused by agents of the British Army Training Unit Kenya who tested positive for cocaine'
BATUK denies its soldiers caused the fire and claimed they were protected from prosecution by diplomatic immunity.
But in a landmark ruling, Kenyan High Court Judge Antonina Bore argued that the UK Government waived diplomatic immunity to legal action by signing an agreement in 2015 governing the terms under which its soldiers would be allowed to operate in Kenya.
© ACCPAIn the ensuing chaos, Linus Murangiri, an employee of Lolldaiga conservancy, was crushed to death by a vehicle as he rushed to help put out the fire, leaving behind his wife and two sons
The judge agreed that 'as a unit of the British Army, BATUK has no legal entity separate from the UK Government.
But she went on to find that the 2015 agreement did amount to a partial waiver of diplomatic immunity.
The judge said that under the terms of the agreement 'it is evident that Kenya would have jurisdiction for civil claims and liabilities arising from activities in its territory under the agreement while the UK would have jurisdiction for civil claims and liabilities arising from activities in its territory'.
She added: 'The allegation in the petition is that British soldiers caused a huge fire in the military training grounds in Lolldaiga, which is in Kenya. Kenya therefore has jurisdiction.'
The judge said the agreement 'required the visiting forces to respect and be sensitive to the traditions, customs and culture of the communities in the places where they were deployed' and 'pay compensation within the framework of the Defence Cooperation Agreement where they were found liable for causing any death, injury, loss or damage to the persons and/or property of members of such local communities'.
'In the court's view this clause anticipated the kind of claim brought by the petitioners,' she concluded.
The judge ordered that ACCPA and the local people must now go through a dispute resolution process in a bid to agree terms with the UK government.
If an agreement cannot be reached the case will return to be tried in the Kenyan courts.
Reader Comments
CANSOFCOM's exact size and budget aren't public information. It also bypasses standard procurement rules and their purchases are officially secret. While the Canadian Security Intelligence Service (CSIS), Communications Security Establishment and other government agencies face at least nominal oversight, CANSOFCOM does not.
During a 2006 Senate Defence Committee meeting CANSOFCOM Commander Colonel David E. Barr responded by saying, "I do not believe there is a requirement for independent evaluation. I believe there is sufficient oversight within the Canadian Forces and to the people of Canada through the Government of Canada - the minister, the cabinet and the Prime Minister."
The commander of CANSOFCOM simply reports to the defence minister and PM.
"Even the U.S. President does not possess such arbitrary power," notes Michael Skinner in a CCPA Monitor story titled "Canada's Ongoing Involvement in Dirty Wars."
This secrecy is an important part of their perceived utility by governments. "Deniability" is central to the appeal of special forces, noted Major B. J. Brister. The government is not required to divulge information about their operations so Ottawa can deploy them on controversial missions and the public is none the wiser.
A 2006 Senate Committee on National Security and Defence complained their operations are "shrouded in secrecy". The Senate Committee report explained,
"extraordinary units are called upon to do extraordinary things ... But they must not mandate themselves or be mandated to any role that Canadian citizens would find reprehensible. While the Committee has no evidence that JTF2 personnel have behaved in such a manner, the secrecy that surrounds the unit is so pervasive that the Committee cannot help but wonder whether JTF2's activities are properly scrutinized."
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You would really be hard pressed to find an example today where "Follow the Money" is not applicable. Heck they want to implement digital currency to follow us.