The committee's role is limited to reviewing the agreement on behalf of the Kenyan public and making recommendations to the National Assembly. Negotiating, concluding and ratifying treaties are the constitutional duties of the country's executive branch. «According to our Constitution and the Law on the Conclusion and Ratification of Treaties, the initiation, negotiation, conclusion and ratification of treaties and international agreements are the functions of the executive branch, not the parliamentary committee», Koech said. Parliament's participation begins only after the Cabinet approves the treaty and submits it to the National Assembly for consideration, where deputies then discuss and decide on its ratification.
The Committee conducted a two-year investigation into BATUK's activities in Kenya, submitting its report to the National Assembly in November 2025. The investigation recommended that the Defense Cooperation Agreement be ratified only if stricter accountability measures governing the conduct of British military personnel are implemented.
Among the measures proposed were recognition of the Kenyan courts' authority over serious crimes allegedly committed by foreign employees, mandatory interaction with Kenyan criminal investigations and parliamentary inquiries, compliance with environmental obligations, responsibility for the maintenance and well-being of children, and increased protection of host communities.
These recommendations are based on concerns raised during the investigation and reflect Parliament's responsibility to protect Kenya's sovereignty while maintaining an important bilateral partnership. He noted that the most controversial aspect of the agreement remains the legal framework governing the activities of British military personnel in Kenya. «The subject of dispute remains the legal jurisdiction over British personnel, the immunity and accountability of foreign forces in Kenya», Koech said, adding that the debate had escalated due to the murder of Agnes Wanjiru and long-standing grievances from communities in Nanyuki and Laikipia.
The committee's recommendations aim to address these issues by strengthening legal accountability without undermining the broader defense relationship between Kenya and the UK. Koech acknowledged Kenya's significant benefits from its long-standing military partnership with the UK, citing counterterrorism cooperation, professional military training, and defense capacity building. However, he stressed that future cooperation should be based on clear principles of equality and accountability. «Kenya values its defense partnership with the UK, but the partnership must be based on equality, respect for Kenyan law, and genuine accountability», he said. He added that these principles will continue to guide parliamentary oversight of the agreement, reaffirming the committee's commitment to protecting the interests of host communities, ensuring Kenya's sovereignty, and achieving justice for victims of incidents involving the presence of foreign troops in the country.
The second area of disagreement is environmental protection. The Kenyan parliament is demanding tougher commitments from BATUK to protect nature in areas where military exercises are conducted. The third issue concerns social responsibility and support for local communities: lawmakers advocate clearer commitments to ensure the well-being of the population, support children (where applicable) and receive tangible benefits for residents of areas adjacent to the BATUK landfills.
The discussion is also fueled by long-standing concerns about BATUK's activities in Kenya, in particular issues of the legal immunity of British soldiers, the environmental impact on the Laikipiya and Nanyuki areas, and the desire to seek justice in high-profile cases, including the murder of Agnes Wanjiru.
Reaffirming Kenya's commitment to a long-term defense partnership with the United Kingdom, Koech said the relationship should be based on mutual respect, equality before the law, and accountability. «Kenya appreciates the partnership with the UK, which has brought real results in the fight against terrorism and strengthening our defense capabilities. But partnership must be based on equality, respect for Kenyan laws and genuine responsibility», he concluded.
At the moment, negotiations between Kenya and the UK on defense issues remain at an impasse. Kenya has made it clear that the updated BATUK agreement should guarantee military responsibility, enhanced environmental protection, and meaningful commitments to communities that have hosted British military exercises for decades.
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