Parliament wants the next defence agreement with the United Kingdom to strip legal protections that have allowed British Army personnel stationed in Kenya to avoid scrutiny from Kenyan authorities.
The National Assembly Defence and Foreign Relations Committee said it will push for changes to the Defence Cooperation Agreement (DCA) during its scheduled 2026 review, including provisions requiring personnel from the British Army Training Unit Kenya (BATUK) to cooperate with parliamentary inquiries, judicial proceedings and criminal investigations.
Committee Chairperson Nelson Koech said Parliament would seek stronger accountability measures after concerns were raised by the murder of Agnes Wanjiru and other complaints involving British troops.
"The Committee has made it clear that accountability mechanisms cannot function effectively if individuals can invoke immunity to evade legitimate oversight processes. Diplomatic privileges should never be used to obstruct justice or parliamentary scrutiny," said Koech.
The committee wants the revised agreement to require BATUK personnel to appear before parliamentary committees when summoned, comply with court processes and facilitate access to evidence during investigations.
"Kenya's Parliament has a constitutional responsibility to exercise oversight over matters affecting national interests and the welfare of our citizens. We expect future arrangements with the UK to reflect a shared commitment to transparency, accountability and respect for Kenya's constitutional institutions," noted Koech.
The lawmaker said Parliament unsuccessfully sought to remove diplomatic immunity for BATUK personnel through amendments ratified in 2021 after the United Kingdom rejected the proposals. However, he said the upcoming review presents another opportunity to secure stronger safeguards.
"The circumstances today are different from those that existed in 2021. The experiences of recent years, particularly the Agnes Wanjiru case and other concerns raised by affected communities, have reinforced the need for stronger accountability provisions within the Defence Cooperation Agreement," he added.
The committee also urged the government to intensify efforts to extradite Robert James Purkiss, a former British Army combat medic arrested in the United Kingdom in late 2025 on suspicion of murdering Wanjiru. A Kenyan high court judge issued an arrest warrant for a British national in the case in September 2025, after fresh evidence emerged in court. Koech said the case remains a test of Kenya's commitment to justice.
"The extradition issue is being pursued under the framework of mutual legal assistance and existing bilateral arrangements. The Committee has urged the Executive to intensify diplomatic engagement with the UK government to ensure that no procedural or legal obstacles delay justice," said Koech.
He said justice for Wanjiru's family requires more than prosecuting a suspect.
"We have emphasised that justice for Agnes Wanjiru's family extends beyond prosecution. It also requires full disclosure of facts, accountability from all institutions involved and assurance that similar incidents will never recur," said Koech.
Koech also defended the committee's decision to hold a closed-door meeting with British officials on June 10 during the parliamentary inquiry into BATUK, saying the format allowed frank discussions on diplomatic and legal matters.
"We appreciate the public interest in this matter, particularly because it touches on issues of justice, sovereignty, human rights and Kenya's bilateral relations with the United Kingdom," said Koech.
He rejected claims that the private session sought to shield anyone from accountability and said future meetings would be held publicly where circumstances allow.
"Our objective is to produce recommendations that command public confidence and strengthen accountability mechanisms governing foreign military operations in Kenya," said Koech.
The Defence Cooperation Agreement between Kenya and the United Kingdom is due for review in 2026 as Parliament, victims' families and civil society groups seek stronger legal safeguards governing foreign troops operating in Kenya.
