A planned military exercise involving 1,500 British soldiers will no longer take place in Kenya this September after a disagreement over a new defence agreement prompted the United Kingdom to move the training to another country, exposing fresh tensions over the future of the two nations' military partnership.
The exercise was expected to be held in Laikipia under the British Army Training Unit Kenya (Batuk), but it has now been called off after Kenya withheld the approvals needed for the training to proceed.
The disagreement revolves around the proposed Defence Cooperation Agreement, which is awaiting approval by the National Assembly. Kenyan lawmakers want key changes made before the deal can take effect, insisting that murder be included among offences that fall under the jurisdiction of Kenyan courts.
They are also demanding that Batuk be required to undertake Corporate Social Responsibility projects in areas where it operates.
As currently drafted, the agreement removes several serious offences from the definition of "official duty", allowing Kenya to prosecute those cases. However, murder is not among them, creating a provision that could allow the United Kingdom to take over such cases. Parliament wants that gap removed.
Kenya and the UK have for years maintained close military ties through joint training, defence cooperation and exchange programmes between their armed forces.
A spokesperson for the UK Ministry of Defence said Britain remains committed to the partnership and will continue engaging the Kenyan government to allow military training to resume in the country.
"The UK highly values its relationship with Kenya, which is underpinned by mutual benefit, respect and cooperation. The UK-Kenya Defence Partnership is one of the great strengths of our relationship. Our joint training and operations with the Kenyan Defence Forces are keeping both Kenyan and British people safe," reads the statement from the ministry.
"It is with regret that the necessary licences required to allow training to take place in Laikipia later this year have not been forthcoming. As a result, the planned training will now be conducted at an alternative location outside Kenya," it adds.
The ministry said the decision only affects the September exercise, adding that the current training programme in Kenya will continue.
"We recognise the disappointment this decision will cause for those who would have benefited from the economic activity generated by the exercise. All UK training activity in Kenya is dependent on the permission from the Government of Kenya," reads the statement.
Despite Britain's decision to relocate the exercise, Parliament has maintained that the proposed amendments are not negotiable.
"The National Assembly agreed with the report of the Committee on Defence, Intelligence and Foreign Relations on condition that it only commences upon amendment of its Articles 6(5) and 23 to include murder as one of the offences within the jurisdiction of Kenyan courts; and to include a Corporate Social Responsibility component for Batuk in its engagement with local communities," Parliament said in a statement.
Belgut MP Nelson Koech, who chairs the National Assembly Committee on Defence, Intelligence and Foreign Relations, said Kenya and Britain would continue holding talks aimed at resolving the outstanding issues.
The concerns surrounding the agreement are not new. During consideration of the 2021 deal, the Laikipia County Government presented a memorandum accusing Batuk of causing harm to local communities and the environment despite the existence of cooperation agreements.
Among the incidents raised were the Lolldaiga Hills Conservancy fire, which destroyed about 12,000 acres of forest, and the murder of Agnes Wanjiku Wanjiru by a Batuk soldier.
Residents also questioned how previous agreements had been negotiated, saying local communities were never given meaningful opportunities to give their views as required under the Constitution.
The Kenya National Commission on Human Rights also called for greater public participation, saying host communities should play a bigger role in shaping the agreement and ensuring their concerns are addressed.
Those issues contributed to the failure by the 12th Parliament to conclude consideration of the 2021 agreement.
In May 2024, the National Assembly Departmental Committee on Defence, Intelligence and Foreign Relations launched an investigation into Batuk over claims of misconduct.
The committee examined allegations of corruption, fraud, discrimination and abuse of power. It also investigated claims of human rights violations, including mistreatment, torture, unlawful detention, killings and other breaches of internationally recognised human rights standards.
The inquiry further reviewed Batuk's operational practices, including safety measures, compliance with Kenyan laws and adherence to military standards.
A report tabled in Parliament last year found UK soldiers responsible for sexual abuse of Kenyans, abuse of power, unethical conduct, human rights violations and failure to comply with court orders.
According to the report, Batuk's activities had also resulted in preventable deaths, injuries and environmental destruction that affected the livelihoods of communities living near its training areas