Koech defends parliamentary oversight of Kenya-UK defence agreement

• The National Assembly's Departmental Committee on Defence, Foreign Affairs and Intelligence has been scrutinizing the proposed Kenya-United Kingdom Defence Cooperation Agreement.
• A major point of contention in the agreement is the legal framework governing British military personnel operating in Kenya.
• Parliament's recommendations aim to strengthen accountability measures for visiting British troops, including recognition of Kenyan courts' jurisdiction over serious offences.

The proposed Kenya-United Kingdom Defence Cooperation Agreement has been under intense scrutiny by Parliament, with the National Assembly's Departmental Committee on Defence, Foreign Affairs and Intelligence leading the charge. Chairperson Nelson Koech has defended Parliament's handling of the agreement, dismissing reports that the committee was not engaged with the British Army Training Unit Kenya (BATUK). According to Koech, the committee's role is limited to scrutinizing the agreement on behalf of the Kenyan public and submitting recommendations to the National Assembly. This process involves a thorough review of the treaty, including its implications for Kenya's sovereignty and the rights of host communities.

A major point of contention in the agreement is the legal framework governing British military personnel operating in Kenya. The committee's inquiry into BATUK's operations in Kenya, which was tabled in November 2025, highlighted concerns over immunity and accountability for foreign forces in Kenya. The committee recommended that stronger accountability measures be implemented to govern the conduct of visiting British troops, including recognition of Kenyan courts' jurisdiction over serious offences allegedly committed by visiting personnel. These recommendations aim to address long-standing grievances from communities in Nanyuki and Laikipia, as well as the murder of Agnes Wanjiru.

The debate over the Defence Cooperation Agreement has significant implications for Kenya's sovereignty and its relationship with the United Kingdom. The agreement must be founded on clear principles of equality and accountability, ensuring that future cooperation is not compromised by issues of immunity and accountability. As Koech noted, 'Kenya values its defence partnership with the United Kingdom, but partnership must be anchored on equality, respect for Kenyan law, and genuine accountability.' Parliament's recommendations may impact future defence cooperation between Kenya and the UK, making this a critical issue for lawyers and compliance officers to watch.

Lawyers and compliance officers should watch for the ongoing debate on the legal framework governing British military personnel operating in Kenya, particularly regarding immunity and accountability, as Parliament's recommendations may impact future defence cooperation between Kenya and the UK.

Source: Original reporting via KBC Kenya