Tension appears to be rising between Kenya's National Assembly and the British Army Training Unit Kenya (BATUK) as the two countries prepare to renegotiate the Defence Cooperation Agreement (DCA), expected in the summer of 2026. What is emerging is not merely a contractual review, but a broader debate about sovereignty, accountability, and the future direction of Kenya's defence partnerships.
In November 2025, Parliament's Committee on Defence, Intelligence and Foreign Relations published a detailed report following a two-year inquiry into BATUK's activities in Kenya. The report strongly criticised what it described as the conduct of British troops and outlined what it characterised as a pattern of serious misconduct. It cited allegations of sexual abuse, including rape and assault, claims of negligence involving unexploded ordnance that reportedly caused injuries and deaths, and concerns over environmental harm linked to improper waste disposal and the use of hazardous materials.
The committee concluded that, in its view, these incidents reflected disregard for Kenya's laws and sovereignty, raising fundamental questions about how foreign troops operate within the country's legal framework.
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Following the report, lawmakers proposed a series of amendments to the Defence Cooperation Agreement and related domestic legislation. These include revisions to the Kenya Defence Forces Act to introduce a clearer code of conduct for foreign troops, stronger environmental safeguards, and civilian oversight mechanisms. The committee also recommended reviewing provisions to ensure accountability in cases involving children born from consensual relationships between British soldiers and Kenyan women.
Most significantly, MPs have called for Kenyan courts to exercise jurisdiction over crimes committed by BATUK personnel on Kenyan soil -- a move that would substantially curtail or remove existing immunity protections under the current arrangement.
Yet even within Parliament there is realism about the diplomatic challenge ahead. MP Yusuf Hassan Abdi, a member of the committee, acknowledged that the likelihood of the United Kingdom accepting sweeping revisions is "very minimal, if not non-existent," citing what lawmakers describe as limited engagement from British officials on the proposed reforms.
British authorities have historically maintained that overseas troop deployments operate under established status-of-forces agreements designed to protect operational effectiveness while ensuring accountability through military justice systems. However, critics within Kenya argue that such frameworks have not delivered sufficient transparency or redress in cases affecting Kenyan citizens.
The committee has also urged renewed investigations into specific cases. It directed the Office of the Director of Public Prosecutions to open an inquest into the alleged murder of Robert Seurei and asked the Directorate of Criminal Investigations to review other past reported incidents involving British troops. These calls reflect a broader parliamentary insistence that justice must not be subordinated to diplomatic considerations.
At the heart of the dispute lies the legal status of the DCA itself. Efforts to revise the agreement in 2021 stalled after Kenya's Parliament ratified amendments removing diplomatic immunity provisions, changes that were not accepted by the UK. Under Kenya's Constitution, international agreements require parliamentary ratification to become binding. As a result, lawmakers argue that aspects of BATUK's continued operations exist in what they consider a legal grey area.
The committee contends that Kenya has fulfilled its obligations under the 2015 agreement, while the United Kingdom has applied its provisions selectively -- prioritising counterterrorism, maritime security, and military capacity building while resisting changes related to accountability, environmental protection, and human rights.
The language used by some MPs has been unusually stark. Abdi described the current arrangement as resembling a "master and servant" relationship, arguing that Kenya must be treated as an equal partner in any defence pact. While deliberately provocative, such rhetoric reflects a wider parliamentary sentiment that the 2026 renegotiation offers an opportunity to recalibrate the balance of obligations under the agreement.
Abdi went further, suggesting that if reforms are rejected, Kenya could consider alternative defence partners. "Our sovereignty and our human rights duties must be respected in full," he said. "If the United Kingdom is not ready to address these issues, then Kenya can look at other countries for defence cooperation."
It is important to note that no formal policy shift toward alternative military partners has been announced. Kenya maintains diplomatic and economic relations with multiple global powers, including Russia and China, but any meaningful realignment of defence cooperation would carry significant strategic, diplomatic, and economic consequences.
Beyond the accountability debate, the DCA has long underpinned Kenya's counterterrorism training, maritime security cooperation, and military capacity-building initiatives. BATUK's presence has also had economic implications for host communities, particularly in Laikipia and Nanyuki. Any recalibration of the agreement must therefore balance sovereignty concerns with operational realities and regional security priorities.
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The forthcoming review is thus about more than individual allegations. It represents a test of how post-colonial defence partnerships evolve in an era of heightened scrutiny over human rights, environmental responsibility, and mutual accountability. Kenya's Parliament appears determined to assert a stronger oversight role, reflecting a broader institutional confidence in shaping foreign policy through constitutional processes.
Whether the UK-Kenya military relationship can adapt to these demands will become clear in the months ahead. If meaningful reforms are negotiated, the partnership could emerge stronger and more equitable. If not, Kenya's lawmakers may intensify calls to diversify security cooperation in pursuit of arrangements that, in their view, better safeguard national sovereignty and citizens' rights.
The 2026 renegotiation will therefore serve as a defining moment -- not only for BATUK's presence in Kenya, but for the future architecture of Kenya's defence diplomacy.
