The National Assembly has today begun the debate of a Report of the Defence, Intelligence and Foreign Relations Committee on the Kenya-United Kingdom Defence Cooperation Agreement.
The Report followed the signing of a Cooperation Agreement between the two Governments on July 27 2021 and replaces the previous Defence Cooperation Agreement signed in 2015.
The Agreement provides a framework for the exchange, sharing and utilization of the respective State’s experience, knowledge, military facilities and infrastructure.
The Committee recommendations on the Cooperation Agreement is the amendment of Article 6 (5) of the Agreement to include murder as one of the offences triable under the jurisdiction of the host country. This amendment will allow Kenya to prosecute foreign troops suspected to have committed murder on Kenyan soil.
Committee Chair Hon. Nelson Koech said the Committee made this proposal on account of the slow pace of the wheels of Justice in the case of Ms. Agnes Wanjiru who was allegedly murdered by a British soldier in March 2012, before her body was dumped in a septic tank.
“This recommendation will ensure that visiting troops undertake their training, within Kenyan Law. We don’t want a repeat of Ms. Agnes Wanjiru incident,” said Hon. Koech.
Additionally, Hon. Koech told the House that the Agreement would greatly enhance intelligence sharing to tackle security challenges given the security threats facing the Horn of Africa region.
“The UK has an advanced defence capability due to the size and nature of its economy, and geo-political position, including its large coastline hence there are a lot of military lessons that Kenya can learn from the UK,” said Hon. Koech.
Further, the Committee recommended an amendment to Article 23 of the Agreement to include Corporate Social Responsibility among the obligations of the visiting Troops.
The consideration of the Cooperation Agreement was expected to be undertaken by the last Parliament after the then Defence Cabinet Secretary Dr. Monicah Juma – through a letter dated September 6 2021 submitted it to the House for approval. However, while the Defence Committee in the last Parliament was considering the Agreement with a view to facilitating ratification, the County Government of Laikipia, where the British Army Training Unit Kenya (BATUK) is based, submitted a memorandum raising issues of concern on the Cooperation Agreement.
Among the concerns raised by the County Government were claims of deaths, injuries and other forms of suffering arising from the activities related to BATUK.
Several Members who contributed to the debate said the Agreement was a major milestone to entrench discipline among visiting troops and rooted for keener collaboration between Kenyan and UK authorities to bring to book Ms. Wanjiru’s killers.
Debate on the Report will continue when the House resumes sittings.
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