Parliament must push for accountability of British soldiers in Kenya

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In November 2025, Kenya’s National Assembly Committee on Defence, Intelligence and Foreign Relations tabled a detailed report after a two-year inquiry into the activities of the British Army Training Unit Kenya (BATUK). The findings were sobering. The committee described a troubling pattern of alleged misconduct by British soldiers in Kenya, raising serious concerns about accountability, environmental responsibility, and respect for Kenyan sovereignty.

Among the issues highlighted were allegations of sexual misconduct, including rape and assault; negligence involving unexploded ordnance that reportedly caused injury and death to civilians; and environmental degradation linked to improper waste disposal and the handling of hazardous materials in training areas. The report concluded that some actions attributed to BATUK personnel were inconsistent with Kenyan law and fell short of the standards expected under a bilateral defence partnership.

In response, MPs proposed amendments to the Defence Cooperation Agreement (DCA) and to domestic legislation governing foreign troops. Key recommendations included changes to the Kenya Defence Forces Act to establish a clear code of conduct for visiting forces, strengthen environmental safeguards, and introduce civilian oversight mechanisms.

The committee further proposed that the DCA be reviewed to ensure accountability in cases involving children born from relationships between foreign soldiers and Kenyan women, particularly regarding child support obligations. Most significantly, lawmakers recommended that Kenyan courts be granted jurisdiction over crimes committed on Kenyan soil by BATUK personnel, effectively removing blanket immunity for such offences.

These proposals come as Nairobi and London prepare to renegotiate the DCA during the scheduled 2026 review. Tensions are already evident. Kenyan legislators are determined that the new framework must close existing loopholes and align fully with the Constitution. Yet some MPs have acknowledged that persuading the UK to accept these changes may prove difficult, given past resistance to parliamentary engagement on similar reforms.

Equally urgent is the need to address specific alleged crimes. The committee directed the Office of the Director of Public Prosecutions to open an inquest into the alleged murder of Robert Seurei, reportedly linked to BATUK soldiers, and to examine other unresolved deaths connected to British military training activities.

The DCI was also tasked with investigating past reported cases involving British troops and reporting back within stipulated timelines. These steps are necessary to restore public confidence that justice will not be compromised by diplomatic sensitivities.

At the heart of the matter lies the legal architecture governing BATUK’s presence. Critics argue that the current framework is ambiguous and, in certain respects, inconsistent with Kenyan law. Under Article 2 of the Constitution, any treaty or convention ratified by Kenya forms part of the law of Kenya. However, no treaty can supersede the Constitution itself. This is why Parliament’s insistence on review is not an act of hostility but a constitutional duty.

Scepticism persists because a similar reform effort in 2021 collapsed. Kenya’s Parliament ratified revisions that sought to remove diplomatic immunity for BATUK soldiers in criminal matters. The UK did not accept those changes, and because international agreements require concurrence by both parties to take effect, the proposed amendments were never operationalised. As a result, BATUK has continued to operate under arrangements that many view as a legal grey area. The 2026 review offers an opportunity to resolve this anomaly once and for all.

It is also important to acknowledge that defence cooperation between Kenya and the UK has historically delivered benefits. Joint training has supported counterterrorism efforts, enhanced interoperability, and contributed to capacity building within the Kenya Defence Forces. The UK has invested in infrastructure and training facilities that have strengthened operational readiness. These gains, however, cannot justify a framework perceived to shield foreign soldiers from accountability.

Kenya is not a colony. Our bilateral relations must reflect equality between sovereign states. Any impression that one partner dictates terms while the other acquiesces undermines both public trust and the legitimacy of the agreement itself. 

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