Full Breakdown
Britain’s Military Presence in Kenya — Legal Impasse and Calls for Accountability
By Drooid · · How we work
Legal Stalemate Over the Kenya-UK Defence Agreement
The 2015 Defence Cooperation Agreement (DCA) that governs British forces in Kenya expired in 2021. A replacement DCA was signed in July 2021, but Kenya’s Parliament granted only conditional approval in 2023, insisting that murder be added to the list of offences over which Kenyan courts have primary jurisdiction. The United Kingdom has not accepted that condition, and the agreement has not been ratified into Kenyan law. As a result, the legal framework for the British Army Training Unit Kenya (BATUK) remains “in limbo,” leaving the status of the troops’ jurisdiction unresolved.
Advocacy and Claims by Affected Kenyans
Kenyan activist Moses Kubai – a lawyer who works with UK attorneys and geneticists – is preparing four lawsuits against BATUK on behalf of victims such as Mantoi, Ngare and Chaula. Kubai highlights the absence of a permanent claims office in Kenya, unlike the facilities operating in Cyprus and Germany. On August 12, survivors and families marched to Nairobi’s Parliament, urging lawmakers to withhold ratification until documented abuses are addressed.
Official Statements & Responses
The MOD declined to comment on any amendment concerning murder jurisdiction.
Data, Compensation and Proposed Claims Office
Compensation under the MOD’s existing schemes is modest. In 2018-19, the MOD’s largest single payout for farm-animal deaths in Cyprus was 5,031 pounds (? $6,800). By contrast, the Lolldaiga settlement for a two-week fire that killed one person and scorched 12,000 acres averaged under 400 pounds (? $530) per claimant. Kubai recommends establishing a permanently staffed claims office in Nanyuki, funded through the DCA, and using the same fund to reimburse pro-bono lawyers representing indigent victims.
Verbatim Quotes
- “At one point, he and the other [Mau Mau] were fighting the colonial government with vastly inferior means against an army that was well equipped and well coordinated,” — Kubai — Kubai