DPP Haji Explains Why He Can’t Prosecute Agnes Wanjiru’s Killer Despite Confession

Director of Public Prosecution Noordin Haji has weighed in on the investigations around the alleged murder of Agnes Wanjiru by a British soldier, noting that he cannot prosecute the latter due to lack of actionable evidence.

Appearing before the National Assembly Defence and Foreign Relations Committee on Thursday, DPP Haji noted that a recent confession by a British soldier regarding Wanjiru’s murder cannot be actionable in court.

According to the DPP, investigators led by the DCI need to get written statements from persons with information regarding the alleged murder, for it to be actionable in court.

“We cannot rely on confessions made on social media. We must get mutual legal assistance from the British government and the DCI team has to record statements that we can rely on.

“It is not easy to give timelines on such investigations, especially when the person involved is a foreigner and in this case a soldier. The case is complex and we cannot blame the DCI. We must get the evidence in writing,” the DPP was quoted.

File image of DPP Noordin Haji. [Photo: Courtesy]

He, however, promised to take lead on the case and ensure justice is served considering that Wanjiru was murdered nine years ago.

Wanjiru’s death made headlines recently after a report by The Sunday Times claimed that the identity of the British soldier, who allegedly slept with the late Wanjiru before killing and dumping her body in a septic tank is widely known in the army yet no action has been taken.

In the investigations by The Sunday Times, five soldiers from the unit gave the same name belonging to soldier X.

The soldiers who took part in the drunken night with local prostitutes said they were shown Wanjiru’s’ body that evening.

"He took me to the tank and lifted it up, and I looked in and I just remember seeing her in there. My heart sank. My mind just went blank. The only thing I could say to him was: 'I'll never forgive you for this," The Sunday Times quoted one of the soldiers who was part of the team based in Nanyuki.

Responding to the report by The Sunday Times, UK High Commissioner to Kenya Jane Marriott assured Kenyans that they're cooperating with the investigations into the murder of Wanjiru.

"I share the concern about the tragic death of Agnes Wanjiru in 2012 - my thoughts are with her family and the community. I can assure Kenyans that the UK is fully cooperating with the investigation and will help in any way we can,” she said.