Mutunga: British troops found guilty of abuses must face law

The retired Chief Justice strongly backed growing demands for justice, stating that independent investigations are urgently required. 

He further emphasised that compensation mechanisms should be put in place to ensure proper restitution for the victims and communities affected by BATUK operations on Kenyan soil.

Responding to a collective petition submitted to the National Assembly by affected communities regarding alleged abuses, Mutunga rejected any form of legal immunity for foreign troops. He deemed it essential that any future defense pact explicitly subject British military personnel to legal accountability under domestic jurisdiction.

"Kenyan laws should protect and be subjected to citizens and visitors on Kenyan soil," Mutunga noted, in an interview, emphasising that national sovereignty must be maintained in all bilateral partnerships.

The former Chief Justice also addressed the ongoing deadlock surrounding the non-ratification of the Kenya–United Kingdom Defence Cooperation Agreement (DCA). He noted that while ratification is necessary to end legal uncertainty, it must not bypass the public.

Mutunga insisted that the process must be strictly "subject to public participation, where the rights of Kenyan citizens are given priority and violations are subject to the law of the land."

Should diplomatic deadlocks continue or if the United Kingdom declines to ratify a DCA that adequately protects local interests, Mutunga advised that the government pivot to careful statecraft. "They should follow a diplomatic process that does not jeopardise the corporation," he stated.

When questioned about the broader policy framework Kenya should adopt regarding foreign military contingents, the country's former top judge underscored adherence to the constitution.

"I would adopt a foreign policy that protects and upholds the sovereignty of the Kenyan citizens as stipulated in the Constitution of Kenya," Mutunga concluded, reinforcing his vision for "a government for the people by the people."