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The contract with Elbit Systems ignites a global debate on military procurement ethics, placing a spotlight on Kenya's diplomatic balancing act and its own complex security relationships in the region.

The Australian government has finalised a controversial A$19.8 million (approximately KSh 1.7 billion) arms contract with Israel's largest weapons manufacturer, Elbit Systems, sparking condemnation from international human rights experts. The deal, signed on Friday, 1 September 2025, was for the purchase of "countermeasure munitions" for the Australian army's infantry vehicles. Details of the sole-sourced contract were published on the government's procurement database only last week, several weeks after the agreement was made.
The timing of the deal has drawn intense criticism. It was signed just two weeks before a United Nations Independent International Commission of Inquiry released a damning report on Tuesday, 16 September 2025. The commission concluded that Israel had committed four of the five acts of genocide as defined by the 1948 Genocide Convention during its nearly two-year military campaign in the Gaza Strip.
Chris Sidoti, a former Australian human rights commissioner and a member of the UN commission that authored the report, described the deal as a "troubling acceptance" of Israel's conduct. "Elbit is a key supplier of the Israeli military, a key enabler of the Israel Defense Forces in its commission of war crimes, crimes against humanity and genocide against the Palestinian people in Gaza," Sidoti stated. He argued that no part of the Australian government should have any commercial dealings with the company, asserting that such contracts violate Australia's international obligations to prevent genocide.
The A$19.8 million deal is part of a much larger A$917 million (KSh 77 billion) project awarded to Elbit Systems in early 2024 to supply its "Iron Fist" active protection system for Australia's new Redback infantry fighting vehicles. The Australian Department of Defence defended the procurement, stating the system is necessary to protect its soldiers and that Elbit is the sole producer of the required munitions.
While the contract is between Australia and Israel, it raises significant questions for Kenya and the broader East African region. Elbit Systems is not a stranger to the continent, having signed deals worth hundreds of millions of dollars with undisclosed African nations for a range of military hardware, including surveillance systems and aircraft protection equipment. The lack of transparency in these deals makes it difficult to assess the full extent of the company's footprint in the region.
The controversy highlights the complex ethical and diplomatic challenges governments face in military procurement. Kenya, which officially supports a two-state solution to the Israel-Palestine conflict, has historically maintained a delicate diplomatic balance. The country hosts diplomatic missions from both Israel and Palestine. However, Kenya's voting patterns at the UN have appeared inconsistent, at times supporting Palestinian-led resolutions and at other times abstaining or voting against them, leading some analysts to suggest a shift in foreign policy under the current administration.
Prime Cabinet Secretary Musalia Mudavadi's office confirmed in July 2025 that Kenya's support for a two-state solution is now enshrined in law, moving beyond diplomatic statements to a firm legal stance. This official policy contrasts with the procurement choices of Western allies like Australia, creating a complex geopolitical landscape for Nairobi to navigate. The Australian deal with a company accused of enabling alleged genocide puts pressure on all nations, including Kenya, to scrutinize their security partners and supply chains to ensure they align with their stated foreign policy and international legal obligations.
The Australian contract is emblematic of a growing international divide. While some Western nations continue military trade with Israel, others are taking a harder line. In a separate development, Spain's High Court announced on Friday, 24 October 2025, that it is investigating a Spanish steelmaker for allegedly selling materials to a subsidiary of Elbit Systems in potential violation of Spain's ban on such deals. The executives are being investigated for alleged smuggling and complicity in crimes against humanity or genocide.
Human rights organizations and international law experts like Professor Ben Saul of the Australian National University have argued that companies like Elbit are "directly implicated in Israel's alleged acts of genocide in Gaza." As the legal and ethical scrutiny of companies involved in the Gaza conflict intensifies, the Australian government's decision to proceed with the contract underscores the profound tension between national security interests and international human rights law—a tension keenly observed in capitals from Canberra to Nairobi.
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