By Brian Said Iha, July 21, 2026
A formal petition submitted to Parliament and the United Kingdom government has called for the removal of legal immunity enjoyed by personnel attached to the British Army Training Unit Kenya (BATUK), threatening to delay the renewal of the 2021 Defence Cooperation Agreement (DCA).
The petition, backed by human rights activists, civil society organizations and a section of lawmakers, demands that all British military personnel operating in Kenya be subjected to Kenyan criminal law for offences allegedly committed within the country’s borders.
Petitioners argue that the current legal framework contains loopholes that allow British soldiers accused of crimes in Kenya to be repatriated to the United Kingdom for investigation or trial, denying victims and their families timely access to justice.
They are now calling for any future defence agreement between Kenya and the United Kingdom to guarantee that British service personnel accused of criminal offences are investigated and prosecuted under Kenya’s judicial system.
Human rights groups say the campaign has been fueled by several unresolved cases involving BATUK personnel, including the widely publicised murder of Agnes Wanjiru in Nanyuki, which has continued to spark calls for accountability and justice.
According to the petitioners, unresolved incidents involving foreign military personnel have raised concerns about fairness, transparency and equal application of the law, prompting renewed demands for reforms to the existing defence cooperation framework.
The petition has also received support from members of Parliament, including the National Assembly’s Departmental Committee on Defence, Intelligence and Foreign Relations chaired by Belgut MP Nelson Koech.
Lawmakers backing the proposal have pledged not to approve any renewed Defence Cooperation Agreement that they believe undermines Kenya’s sovereignty or limits the country’s ability to prosecute criminal offences committed within its territory.
They argue that future bilateral military arrangements should uphold the Constitution, protect the rights of Kenyan citizens and ensure accountability regardless of nationality.
Human rights activist Bob Njagi warned that if the United Kingdom declines to accept full compliance with Kenyan jurisdiction, BATUK should cease its operations and withdraw from the country altogether.
He maintained that no foreign military force should operate in Kenya under legal protections that place its personnel beyond the reach of local courts.
The debate over BATUK’s legal status has become a significant national issue, with renewed scrutiny of the Defence Cooperation Agreement signed between Kenya and the United Kingdom in 2021.
Supporters of the petition say the ongoing negotiations present an opportunity for both governments to review provisions they consider outdated and align future cooperation with Kenya’s constitutional principles and judicial independence.
The standoff is also emerging as a key political and foreign policy issue ahead of the next General Election, with leaders facing growing public pressure to safeguard national sovereignty while maintaining strategic defence partnerships.
As discussions over the future of the agreement continue, Parliament is expected to play a central role in determining whether any revised treaty adequately addresses concerns over accountability, justice and the legal status of British troops operating in Kenya.
