Defence Cabinet Secretary, Eugene Wamalwa, has revealed that the British soldier responsible for Agnes Wanjiku's death cannot be tried in Kenya under the current laws.
Speaking during a meeting with the parliamentary Defence Committee on Tuesday, November 2, Wamalwa responded to demands by the members of parliament to have the perpetrator, who is currently in Britain, be tried in Kenya.
The CS explained that there was no existing agreement between Kenya and the United Kingdom Defence departments that would allow for his prosecution.
"The defence agreement which gives Kenya jurisdiction (over British crimes in Kenya) has lapsed. ," the CS stated.
However, he added that Kenya is working to renew the agreement which would then allow the perpetrator to be tried locally.
Wamalwa further stated that the UK has assured his ministry that they are sure that they would deliver the culprits once the pact is renewed.
"Kenya's defence cooperation agreement with the UK gives Kenya civil jurisdiction over the matter. Defence committee wants reassurances that the British suspect will be repatriated to face Kenyan law," he added.
He, however, told the committee that Kenya and the UK were working together to ensure that justice would be served. Wamalwa stated that the Director of Public Prosecution (DPP), Noordin Haji was already on the case.
The committee further asked the CS to investigate the matter backwards, raising concern that the British officers may have committed other atrocities which have not come to light.
While acknowledging that there was delayed justice, the CS argued that there was a deliberate coverup in the matter.
On November, the Inspector General of Police, Hillary Mutyambai, ordered for the reopening of Wanjiku's murder case. An inquest into her death in 2009 concluded that she was murdered.
The UK's Ministry of Defence responded to Mutyambai's order stating that it was ready to support all requests by the Kenyan government into the probe.
"As with other investigations, we always work in partnership with the Kenyan police and, subject to international and judicial processes, our help will always be forthcoming," the statement read in part.
UK Labour MP for Birmingham Yardley Jess Philips started a crowdfunding page to raise money in support of the deceased's family. So far, she has managed to raise more than Ksh1 million.
