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Batuk agreement stalls as MPs push UK to accept Kenya jurisdiction

Departmental Committee on Defence, Intelligence and Foreign Relations chairman Nelson Koech said Thursday that Britain had not provided a written commitment to comply with resolutions adopted by the House follo...

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Batuk agreement stalls as MPs push UK to accept Kenya jurisdiction

Britain’s military training arrangement with Kenya faces a fresh hurdle after Parliament declined to approve the renewal of the defence pact until the UK commits to changes aimed at holding its soldiers accountable for serious offences committed in the country.

The National Assembly says the Defence Cooperation Agreement (DCA), which sets the terms for the operations of the British Army Training Unit Kenya (Batuk), cannot proceed until concerns raised by lawmakers are addressed.

Departmental Committee on Defence, Intelligence and Foreign Relations chairman Nelson Koech said Thursday that Britain had not provided a written commitment to comply with resolutions adopted by the House following an inquiry into Batuk’s conduct.

The inquiry report was tabled in the National Assembly on November 25, 2025, before being adopted on December 4, 2025.

Koech said the committee had continued to engage with the government and British authorities over the matter, but the key issues raised by Parliament remained unresolved.

Among the recommendations adopted by MPs are proposals to give Kenyan authorities greater jurisdiction over serious crimes involving visiting British troops.

The House also wants stronger safeguards for communities living in areas where the British forces operate and conduct military exercises.

But according to Koech, Britain has taken a different position on when the proposed changes should be discussed.

The UK has argued that the DCA should first come into force, after which negotiations on amendments can be considered.

Parliament has rejected that approach and wants the accountability concerns dealt with before the agreement is ratified.

“It is worth noting that, as of today, concerns raised by this House regarding Batuk under the conditions attached to the commencement of this agreement are yet to be fully addressed by the UK authorities.

“Ratification of this agreement therefore remains in abeyance,” Koech told the House, adding that the matter now requires resolution through established diplomatic channels.

He said the committee’s findings showed that London had not formally committed itself in writing to the resolutions passed by the National Assembly.

Koech said the UK “has consistently urged that it shall only consider the amendments after the agreement has commenced”.

The committee chairman warned that Parliament would not allow the defence arrangement to weaken Kenya’s ability to deal with serious crimes committed by foreign troops.

“The position of the National Assembly, therefore, remains that this treaty cannot be used to sanitise the commission of grave criminal offences or the lack of community engagement by visiting forces.”

The disagreement follows a separate dispute that emerged last month after the UK Ministry of Defence called off a planned military exercise in Laikipia.

The British authorities said the exercise could not proceed because the Kenyan government had not issued the licences needed for the training.

The cancellation raised concern over the future of the defence partnership between Nairobi and London and prompted Foreign Affairs Cabinet Secretary Musalia Mudavadi to explain the government’s position.

Mudavadi said Kenya’s defence relationship with Britain remained strong and that the DCA was still being considered through the required parliamentary process.

“Kenya remains committed to orking closely with the United Kingdom to deepen our long-standing defence cooperation and advance our shared commitment to peace, security and regional stability,” he said.

The government subsequently announced that joint military exercises would resume, easing concerns that the licensing dispute had brought defence cooperation between the two countries to a halt.

However, Koech’s latest remarks point to wider disagreements that go beyond the licences needed for military training.

The main issue now is the legal framework under which British troops operate in Kenya and how serious offences involving them should be handled.

Parliament has identified several changes it wants addressed before giving its approval to the renewed agreement.

One of the key demands concerns Article 6(5) of the DCA.

The National Assembly wants the provision changed so that murder committed by visiting British soldiers comes under Kenyan jurisdiction.

The demand is part of Parliament’s push for stronger accountability for foreign troops and better protection for communities hosting military training activities.

Until Britain formally commits to the resolutions adopted by the House, the defence agreement remains stuck in the parliamentary process.

The two sides will now have to continue discussions through diplomatic channels as they seek to resolve the differences over the agreement.

For Parliament, however, the position remains clear: the accountability measures must be addressed before the renewed pact can take effect.

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