Kenya Allowed to Prosecute UK Troops for Non-Military Crimes

The United Kingdom has formally recognised Kenya’s authority to prosecute British soldiers accused of crimes committed while off duty, marking a significant change in how such cases are handled under the British Army Training Unit Kenya (Batuk) programme.

In a submission to Kenya’s National Assembly Committee on Defence, Intelligence and Foreign Relations, the UK Ministry of Defence (MoD) reaffirmed its commitment to the Defence Cooperation Agreement (DCA), first signed in 2015 and updated in 2021. The agreement grants Kenya jurisdiction over offences committed by British personnel outside official duties, including sexual crimes, while maintaining diplomatic immunity for actions undertaken in the line of duty.

This clarification comes as Kenyan authorities continue to investigate several cases involving British soldiers, including the 2012 murder of Agnes Wanjiru. The UK has confirmed Kenya’s right to prosecute the suspect, who was off duty at the time, and pledged full cooperation with extradition efforts. In contrast, the 2012 shooting of Tilam Leresh remains unresolved, with UK prosecutors citing insufficient evidence to challenge claims of self-defence.

The UK’s 12-page statement sought to balance accountability with recognition of Batuk’s wider role in Kenya. Established in 1964, Batuk trains more than 1,100 Kenya Defence Forces (KDF) personnel each year and contributes about Sh8.6 billion (£50 million) annually to the local economies of Nanyuki and Nairobi. It employs 600 permanent Kenyan staff and supports thousands more through temporary contracts. 

The MoD also reported that 72 community projects were completed in 2024, including school renovations and water harvesting initiatives that benefited 48 institutions and over 15,000 children. However, these benefits have been accompanied by continuing concerns about troop behaviour and environmental impact. A 2025 UK Service Inquiry found “low-to-moderate” levels of transactional sex involving British troops despite a Zero Tolerance Policy on Sexual Exploitation and Abuse introduced in November 2022. 

Nine incidents have been reported among 7,666 visiting personnel since the policy took effect. The UK has since introduced curfews and movement restrictions and works with Kenya’s Child Services Department to address paternity claims.

Environmental issues are also prominently featured in the MoD’s response. The UK confirmed a settlement with communities affected by the 2021 Lolldaiga fire, which burned 12,000 acres. 

Independent audits have verified Batuk’s compliance with Kenyan environmental laws, including the phase-out of phosphorus-based munitions by 2022. Despite compensation being paid, the deaths of Robert Seurei in 2007 and Lisoka Lesasuyan in 2015, linked to unexploded ordnance, continue to raise concerns over residual hazards.