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British Army soldiers
Caption for the landscape image:

Kenya free to prosecute British soldiers accused of crimes committed outside official duty hours

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British Army soldiers training at Lolldaiga area in Laikipia County on November 14, 2022.

Photo credit: Joseph Kanyi | Nation Media Group

The United Kingdom has acknowledged Kenya’s right to prosecute British soldiers accused of crimes committed outside official duty hours in Kenya, marking a shift towards greater accountability in its military presence abroad.

The development comes as the UK defended its longstanding partnership with Kenya through the British Army Training Unit Kenya (Batuk) programme, amid mounting scrutiny over unresolved killings, environmental damage, and claims of sexual exploitation by British troops.

In a statement to the Kenyan National Assembly’s Departmental Committee on Defence, Intelligence and Foreign Relations, the UK Ministry of Defence (MoD) outlined Batuk’s economic contributions to Kenya and framed Batuk as a mutually beneficial partnership. Kenya’s National Assembly is conducting an inquiry into Batuk’s activities.

The UK MoD also highlighted reforms aimed at curbing misconduct among its military personnel in Kenya, even as families of victims such as Agnes Wanjiru and Tilam Leresh continue to seek justice. Kenya has initiated extradition proceedings to bring the soldier implicated in Wanjiru’s murder to Nairobi for trial.

The process may take months or even years. Nonetheless, London affirmed that soldiers implicated in crimes committed outside their official duties are subject to Kenyan law and judicial processes. “Kenya holds jurisdiction over all criminal offences allegedly committed by UK military personnel against Kenyan nationals, except where those offences occurred in the course of conducting official duty,” the UK said, citing the UK-Kenya Defence Cooperation Agreement (DCA) of 2015, revised in 2021. The agreement retains some diplomatic immunity for soldiers while on duty. “The DCA also outlines the list of offences over which Kenya automatically holds jurisdiction, including sexual offences.”

Batuk, operational in Nanyuki since 1964, trains over 1,100 Kenya Defence Forces (KDF) officers annually and injects Sh8.6 billion (£50 million or $67 million) into the economies of Nanyuki and Nairobi. It employs 600 permanent Kenyans and 3,000 others on temporary contracts.

The statement expressed deep regret over past incidents and pledged cooperation with Kenya’s Parliamentary inquiry. It also rebutted allegations of human rights violations by British military personnel in Kenya.

The UK extended condolences to Wanjiru’s family, noting that Kenya has jurisdiction over her 2012 murder case as the suspect—a British soldier—was not on official duty when the crime occurred. The Office of the Director of Public Prosecutions recommended a trial in September, with UK investigators offering support. Kenya has since initiated extradition proceedings.

“The UK MoD will continue to support Kenyan authorities as appropriate,” the 12-page statement reads.

In the case of Tilam Leresh’s 2012 shooting to death by a soldier on duty in the Archers Post Training Area, UK authorities twice declined prosecution, citing insufficient evidence to disprove claims of self-defence. They maintained jurisdiction as the soldier was on duty. The UK’s Service Prosecuting Authority (SPA) reviewed the case in 2012 and 2024, concluding that there was insufficient evidence to charge the soldier. SPA found no proof that the killing was not carried out in lawful self-defence. However, the UK government told the parliamentary team, “The UK is always prepared to consider new evidence if it is presented to us.”

While the UK’s statement emphasised Batuk’s contributions, including training 1,100 KDF troops annually and supporting community schools, unresolved grievances continue to cast a shadow. Regarding sexual exploitation and abuse, the statement revealed that a 2025 UK Service Inquiry found “low-to-moderate” levels of transactional sex involving British troops in Kenya, despite a Zero Tolerance Policy enacted in 2022.

“UK Ministers and Service Chiefs are committed to preventing unacceptable behaviour and have implemented considerable measures. The UK MoD demands and enforces the highest standards of behaviour and ensures respect for the Constitution, laws, and regulations of Kenya.”

In August, the UK Service Inquiry team concluded that since the introduction of the Zero Tolerance to Sexual Exploitation and Abuse policy in July 2022—fully enforced by November 2022—there has been a significant reduction in incidents involving British service personnel in Kenya.

Batuk

British Army Training in Kenya (Batuk) during an exercise in Laikipia County.

Photo credit: Joseph Kanyi I Nation Media Group

Out of 7,666 visiting officers, nine incidents have been reported since November 2022. The team concluded that a low-to-moderate risk of continued sexual exploitation and abuse remains. Measures such as curfews, movement restrictions, and strict penalties remain in place. The MoD denied systemic collusion to silence victims but acknowledged that paternity claims involving soldiers are handled privately through Kenya’s Child Services Department. “While paternity claims against UK Service Personnel are private matters, the government cooperates with local child support authorities where such claims arise,” the UK stated.

On environmental accountability and compensation, the UK addressed the 2021 Lolldaiga fire—which ravaged 12,000 acres—confirming a global settlement with affected communities in August 2025.

Independent audits showed Batuk complies with Kenyan environmental laws, despite past use of munitions containing phosphorus. The use of phosphorus shells was phased out by 2022.

Two deaths linked to unexploded ordnance—Robert Seurei in 2007 and Lisoka Lesasuyan in 2015—were cited, with compensation paid despite unresolved origins of the explosives.

“The UK MOD deeply regrets that there have been instances of injury and death resulting from unexploded ordnance, including the two examples raised by the Defence, Intelligence, and Foreign Relations Committee,” the UK government said.

British Army soldiers

British Army soldiers board a military truck after a battle group exercise during a media engagement at the Lolldaiga training area in Laikipia County on November 14, 2022. 

Photo credit: Joseph Kanyi | Nation Media Group

Regarding Batuk’s ties to the local community, the UK highlighted 72 community projects completed in 2024, including initiatives in water, healthcare, and education.

 “Batuk’s community engagement focuses on five key areas—water, education, health, environment, and sport—in collaboration with local stakeholders, primarily targeting local communities. In the last financial year, 72 projects were delivered,” the statement said.

The UK government reported that 48 schools and orphanages benefited from projects such as refurbishment and water harvesting schemes. Additionally, 36 schools and 15,000 children received academic supplies, bedding, clothing, and food. Batuk also helped construct a second dormitory at Tharua Special School.

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