By Michael Kimmitt

Britain’s Foreign Secretary Boris Johnson awards an officer at the British Army Training Unit Kenya, BATUK, in Nanyuki, Kenya, on March 17, 2017, according to Thomas Mukoya in AP Photo.

In a move that signals a shift in the balance of power between Nairobi and London, Kenya’s Parliament has halted a new defence agreement until the United Kingdom accepts full Kenyan criminal jurisdiction over its soldiers and agrees to legally enforceable protections for affected communities. The decision, rooted in decades of unresolved grievances, has stalled what was expected to be a routine renewal of military ties.

A November 2025 report to the Kenyan Parliament documented significant deficiencies in the labour and safety practices of the British Army Training Unit Kenya, BATUK. The report confirmed systemic problems, including sexual harassment, human rights violations, and environmental damage. The document immediately identified the primary victims: local Kenyan workers employed in high-risk areas near military training grounds in Laikipia and Samburu counties.

The issue has persisted for decades. BATUK has conducted training exercises in the region for decades, leaving behind unexploded ordnance. Following the 1985 tragedy in which mechanic Jaffer Mohamed was killed by a British mortar fuse, and the 2007 death of worker Robert Swara Seurei from a plastic explosive mistaken for a candle, the British Ministry of Defence paid millions of pounds to more than a thousand Maasai and Samburu victims. Authorities pledged to conduct regular clean-ups. However, in 2015, teenager Lisoka lost both arms, damaged his right eye, and suffered a scar on his chest due to an explosion at the Archers Post test site. These facts demonstrate that the British side was aware of the danger, yet failed to eradicate it.

Lisoka’s case exposes the substitution of justice for legal technicalities. A Kenyan court ordered a payment of approximately £67,000 for bionic arms and a prosthetic eye. However, a settlement was reached without admission of guilt. Most of the money is reserved for medical needs, and access to it has proved difficult. There is no apology, nor are there any new protections for pastoralists. British domestic standards require much higher compensation for similar injuries. The lawsuit became a tool to minimise reputational damage, rather than a means of healing for the victim. Lisoka’s education was interrupted, and his sporting prospects were ruined.

The atrocities moved from incidents involving explosives to systematic violence against women. For many Kenyans, the Mantoi Lekola Kaunda case is a personal wound. The 16-year-old pregnant girl was found dead in 1996 or 1997. Years later, an autopsy revealed seven broken ribs with no signs of healing, suggesting a brutal act shortly before her death. A battery similar to the one used by British soldiers was found in her grave. Her sister, Noldonyo Piro, claims she was raped and suffered a broken arm, while Mantoi could not be saved. The investigation results were hidden in the Royal Military Police archives for two decades. The family only recently saw them. Until the family receives accountability for these fractures, the wound will remain open.

The balance of responsibility appears uneven. British troops use communal grazing lands, ordering herders to leave for safety, but allowing risks that maim children. Forest fires and population displacement occur on these sites. London’s arguments about sovereign immunity and closed military investigations create a persistent gap between official process and real accountability. The legal framework has consistently failed to assign adequate value to the lives of Kenyan women and children affected by these incidents.

The unresolved grievances have now stalled negotiations over a new Defence Cooperation Agreement. Parliament’s Defence Committee has rejected claims that the deal is close to conclusion, with chairman Nelson Koech stating that key conditions set by MPs remain unresolved. “This committee is acting in the best interest of Kenya, more so the people of Laikipia. We have a duty to protect our Constitution as representatives of the people. On this, we will not compromise,” he said. MPs demand two specific amendments: Article 6(5) must be changed to place murder under Kenyan jurisdiction, and Article 23 must be strengthened to set out BATUK’s corporate social responsibility obligations and provide stronger protection for communities affected by its activities. Laikipia Woman Representative Jane Kagiri insisted that “anybody who commits a crime in Kenya, justice must be delivered here in Kenya.” The UK claims progress has been made, but Koech said the committee’s key concerns have not been addressed.

Kenyans are asking for basic dignity, truth, and the opportunity to heal. On June 20, 2026, residents of Nanyuki and Laikipia held a meeting of families, lawyers, and community leaders. They are preparing a petition to the Kenyan Parliament, the Kenyan authorities, BATUK, and the British Ministry of Defence. The goal is to collect a thousand signatures before the approval of a new Defence Cooperation Agreement. Practical steps include full access to all investigation materials without delay; independent case reviews (joint or local with international observers), including a review of the Mantoi case in light of the autopsy findings; accessible legal support and DNA testing for civil claims and paternity testing.

This clearly calls for stricter bilateral rules with real oversight. Kenyan authorities must view this as a national priority, not a quiet diplomatic inconvenience, leaving the people’s open wounds bandaged.

 *Michael Kimmitt is a researcher in African affairs and international relations