NAIROBI, Kenya, Aug 2 — Former Attorney General Justin Muturi has called for a more equal Kenya-United Kingdom defence partnership, accusing Britain of pushing Kenya into unfavourable terms while shielding British soldiers accused of committing atrocities in the country.
Muturi’s remarks come amid controversy over the British Army Training Unit Kenya (BATUK) and the licensing of Exercise Haraka Storm, a military training exercise involving about 1,500 British soldiers.
The UK Ministry of Defence announced on July 23 that the exercise, which was scheduled to take place in Laikipia between September and November, would be moved outside Kenya after the necessary licences for the training had not been secured.
However, five days later, on July 28, a UK government spokesperson confirmed that Kenya had agreed to issue the required licences, allowing the exercise to proceed.
The reversal has raised questions over what changed between the two announcements, with communities in Laikipia also expressing concerns over BATUK’s presence.
Muturi said Kenya’s defence cooperation with Britain should not undermine the country’s sovereignty or its ability to hold foreign military personnel accountable under Kenyan law.
“For years, the UK has forced Kenya into accepting unfavourable terms of the agreement. The UK authorities have for long covered and shielded their officers accused of committing atrocities in Kenya. My stand has been that BATUK must be forced to abide by Kenyan law or pack and go,” Muturi said.
He rejected claims that BATUK’s presence should be accepted because it creates jobs and economic opportunities for local communities.
“We cannot be fooled by the argument that BATUK’s presence has created jobs and opportunities for Kenyans. The atrocities committed by BATUK soldiers outweigh any perceived benefit the communities have enjoyed,” he said.
Muturi questioned why the Kenyan government moved to approve the military exercise shortly after the UK announced its cancellation.
He said the speed of the reversal raised questions about transparency and whether Kenya had come under pressure to grant the approvals.
“The hurried manner in which the government issued the licenses only points to a lack of transparency in its management of an important international agreement,” Muturi said.
He said Kenyans should be told whether the government had reached an agreement with Britain on recommendations made by Parliament concerning the Defence Cooperation Agreement (DCA).
“Kenyans deserve to know exactly what changed between those two announcements. Was Parliament consulted? Were the outstanding concerns resolved? Or was there political pressure to grant the approvals?” he asked.
Muturi said defence cooperation with Britain remains important but insisted that agreements involving foreign military forces must be subject to constitutional safeguards and parliamentary oversight.
“International defence cooperation is important, but it must never be conducted in secret. Agreements of this nature must be anchored in the Constitution, subjected to parliamentary scrutiny, and implemented in a manner that protects Kenya’s national interest,” he said.
The former Attorney General said Kenya’s military partnerships with foreign countries should not come at the expense of sovereignty or equal treatment before the law.
“It is a fact that Kenya has benefited from military partnerships for decades; however, cooperation cannot come at the expense of sovereignty,” he said.
Muturi called for foreign troops operating in Kenya to be fully accountable under Kenyan law and urged a review of any provisions that could result in unequal treatment between Kenyan citizens and foreign military personnel.
He cited the unresolved killing of Agnes Wanjiru as an example of why accountability remains a critical issue in Kenya-UK defence relations.
“We cannot assume all is okay when cases such as the killing of Agnes Wanjiru remain unresolved. Respect for sovereignty means that every person within Kenya’s borders, regardless of nationality, should be subject to fair and transparent legal processes,” Muturi said.
Muturi urged civil society and other stakeholders to push the government to address outstanding concerns before signing any new Defence Cooperation Agreement with Britain.
Among his demands are implementation of all recommendations made by the Parliamentary Committee on Defence and Foreign Relations, alongside explicit provisions ensuring that serious crimes committed in Kenya fall within Kenyan jurisdiction.
He also called for:
- Legally binding environmental safeguards for military training activities.
- Formal economic benefits for communities hosting foreign military exercises.
- Stronger transparency requirements around defence cooperation.
- Independent mechanisms for handling complaints.
- Regular human rights audits of foreign military activities in Kenya.
Muturi said Kenya-UK defence cooperation should be based on mutual respect, accountability and equal partnership rather than arrangements that compromise Kenya’s sovereignty.
The dispute over the licensing of Exercise Haraka Storm has renewed scrutiny of the Defence Cooperation Agreement and the wider role of British troops in Kenya, particularly in Laikipia, where BATUK has maintained a longstanding training presence.
