Kenya Moves to Clarify UK Military Agreement After Concerns Over BATUK Conduct
The move comes after lawmakers raised concerns about the British Army Training Unit in Kenya (BATUK) operating in the country without a fully recognised legal framework.
The National Assembly adopted a report by the Defence, Intelligence and Foreign Relations Committee, which reviewed the conduct of BATUK and the status of the defence agreement.
The National Assembly adopted a report by the Defence, Intelligence and Foreign Relations Committee, which reviewed the conduct of BATUK and the status of the defence agreement.
The committee said the deal must be ratified without delay to give clear legal guidance on how the UK troops should operate during training exercises in Kenya.
According to the report, Kenya’s first DCA with the UK was signed in 2015 and became active in 2016. It expired after five years, forcing both countries to negotiate a new agreement in July 2021.
According to the report, Kenya’s first DCA with the UK was signed in 2015 and became active in 2016. It expired after five years, forcing both countries to negotiate a new agreement in July 2021.
Although the updated DCA was forwarded to Parliament in September 2021 for approval, the process stalled when the 12th Parliament ended.
The document was later sent back to Parliament in November 2022, where the committee reviewed it and recommended approval — but with key amendments.
The document was later sent back to Parliament in November 2022, where the committee reviewed it and recommended approval — but with key amendments.
One recommendation was to include murder among the offences that fall under Kenya’s local jurisdiction, as the existing agreement did not cover it.
Another proposal required BATUK to meet clear corporate social responsibility obligations in areas where they operate.
The House adopted these recommendations in April 2023. However, the agreement is still pending because the UK has not accepted all the proposed changes, leaving the DCA “in limbo.”
Committee vice chairperson Abdullahi Bashir said Kenya cannot afford to have a foreign military force operating without proper legal backing.
The House adopted these recommendations in April 2023. However, the agreement is still pending because the UK has not accepted all the proposed changes, leaving the DCA “in limbo.”
Committee vice chairperson Abdullahi Bashir said Kenya cannot afford to have a foreign military force operating without proper legal backing.
He stressed the importance of finalizing the agreement so that both countries know exactly what rules apply.
Bashir also highlighted difficulties the committee faced during its inquiry. He noted that BATUK failed to cooperate, even after receiving multiple official requests to appear before the committee.
Bashir also highlighted difficulties the committee faced during its inquiry. He noted that BATUK failed to cooperate, even after receiving multiple official requests to appear before the committee.
Instead of responding directly, BATUK communicated only through the Ministry of Foreign Affairs and the Ministry of Defence. In some cases, they invoked immunity clauses in the disputed agreement to avoid answering questions.
Committee members argued that this lack of cooperation made it harder to investigate long-standing complaints from Kenyans living near BATUK training zones, including claims of misconduct and environmental damage.
Parliament is now urging the Executive to resolve the matter quickly to ensure that the presence of foreign troops in Kenya is governed by a clear, lawful agreement.
Committee members argued that this lack of cooperation made it harder to investigate long-standing complaints from Kenyans living near BATUK training zones, including claims of misconduct and environmental damage.
Parliament is now urging the Executive to resolve the matter quickly to ensure that the presence of foreign troops in Kenya is governed by a clear, lawful agreement.
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