In a landmark development for Kenyan sovereignty, the United Kingdom has formally acknowledged Kenya's authority to prosecute British soldiers for any crimes committed outside the scope of their official duties. This significant concession is enshrined in the revised UK-Kenya Defence Cooperation Agreement (DCA) and marks a critical turning point in the long-standing, and often contentious, military partnership between the two nations. The agreement clarifies jurisdictional lines, ensuring that visiting troops are not shielded from accountability for offenses against Kenyan citizens.

The clarification was detailed in a statement from the UK Ministry of Defence (MoD) to the Kenyan National Assembly's Departmental Committee on Defence, Intelligence and Foreign Relations, which is conducting a comprehensive inquiry into the activities of the British Army Training Unit Kenya (BATUK). According to the MoD, “Kenya holds jurisdiction over all criminal offences allegedly committed by UK military personnel against Kenyan nationals, except where those offences occurred in the course of conducting official duty.” The DCA, initially signed in 2015 and revised in 2021, explicitly lists sexual offences as one of the categories over which Kenya automatically holds jurisdiction.

A History of Impunity and the Quest for Justice

The jurisdictional changes follow years of mounting pressure from Kenyan civil society, human rights organizations, and victims' families demanding accountability for alleged crimes committed by BATUK personnel. The most prominent case is the 2012 murder of 21-year-old Agnes Wanjiru, whose body was discovered in a septic tank at a Nanyuki hotel two months after she was last seen with British soldiers. A 2018 Kenyan inquest concluded she was murdered by one or more British soldiers.

For over a decade, the pursuit of justice for Wanjiru was stalled, fueling perceptions of impunity and highlighting ambiguities in the previous legal frameworks governing the visiting forces. The UK government had previously been seen as resistant to Kenyan jurisdiction in such cases. However, the sustained campaign by Wanjiru's family and activists, coupled with intense media scrutiny, has led to significant progress. In September 2025, a Kenyan High Court issued an arrest warrant for a former British soldier in connection with the murder, and Kenya has formally initiated extradition proceedings. The UK has pledged to support Kenyan authorities in the case.

The New Defence Cooperation Agreement

The revised DCA aims to create a more balanced and respectful partnership. While it provides for concurrent jurisdiction, it clearly delineates that the sending nation (the UK) has primary jurisdiction only when an offense is against UK state property or personnel, or arises directly from official duties. Kenyan lawmakers were instrumental in pushing for these amendments, insisting that murder be included as a triable offense for foreign troops on Kenyan soil.

Speaking on the matter in May 2024, Defence Cabinet Secretary Aden Duale confirmed that Parliament had approved and ratified the new terms, ensuring that all future defence agreements will contain clauses affirming Kenyan jurisdiction over criminal acts committed on its soil. This legislative backing solidifies Kenya's position and prevents a recurrence of the jurisdictional disputes that have hampered past investigations.

Broader Implications and Ongoing Concerns

The BATUK presence in Nanyuki, operational since 1964, has significant economic and strategic dimensions. The unit trains over 1,100 Kenya Defence Forces (KDF) personnel annually and injects an estimated Sh8.6 billion into the local economy. However, its presence has been shadowed by numerous allegations beyond the Wanjiru case, including environmental damage, such as the 2021 Lolldaiga fire which burned 12,000 acres, and other claims of misconduct.

The UK MoD has acknowledged these issues, expressing regret and highlighting reforms to curb misconduct. A 2025 UK Service Inquiry noted a significant reduction in incidents of sexual exploitation since a "Zero Tolerance Policy" was enacted in 2022, though it concluded a "low-to-moderate risk" remains. The parliamentary inquiry in Kenya continues to investigate these broader allegations, signaling a new era of scrutiny and demand for accountability from the Kenyan government and public.

While the extradition process for the suspect in the Wanjiru case may be lengthy, the confirmation of Kenya's right to prosecute is a fundamental step. It asserts the nation's legal authority and sends a clear message that justice for Kenyan citizens is not negotiable, setting a precedent for all foreign military partners operating in the country.