Defence pact with Britain makes Kenya more stable and secure

What you need to know:

  • The current Memorandum of Understanding expires in April, to be replaced by a new Defence Co-operation Agreement in line with Kenya’s Constitution and the Defence Forces’ Act.
  • British soldiers have always been accountable for any crimes committed in Kenya, under Kenyan or UK law, and this will remain the case.
  • We gain access to some of the best training environments in the world, allowing us to prepare our armed forces for the challenges of the future.

UK troops have never had legal immunity in Kenya nor would we wish them to have, writes Duncan Francis.

As the person responsible for overseeing the UK-Kenya bilateral military relationship, it was with interest that I read Prof Trevor Ng’ulia’s opinion in last week’s Saturday Nation on the military co-operation between our two nations: ‘Who will blink first in the Kenya, UK face-off over military agreement?’

In his article Prof Ng’ulia discusses the military partnership between Kenya and the UK, and the upcoming renewal of the agreement that governs these activities.

The current Memorandum of Understanding expires in April, to be replaced by a new Defence Co-operation Agreement in line with Kenya’s Constitution and the Defence Forces’ Act.

Prof Ng’ulia points to the need for a transparent scrutiny of any such agreement. I agree with him profoundly.

As Kenya’s most steadfast ally on defence and security matters, the UK is clear that any new agreement must respect Kenya’s Constitution. Executive signature represents the first step in a process; one that would see the deal scrutinised both at the county level and by the relevant constitutional agencies before finally going before the Kenyan and UK Parliaments.

While I agree with the professor on this, there are some inaccuracies in his article I would like to address.

IMMUNITYSEEK

The first is that the UK seeks immunity from prosecution for British soldiers who commit crimes while in Kenya.

UK troops have never had legal immunity in Kenya, nor would we wish them to. British soldiers have always been accountable for any crimes committed in Kenya, under Kenyan or UK law, and this will remain the case.

Secondly, Prof Ng’ulia suggests that improper conduct of British Army personnel had led to ‘‘intense suffering’’ among the residents of the counties where we operate.

The British Army has trained in Samburu and surrounding counties for more than four decades. We work in partnership with communities to provide jobs, schools, proper sanitation and infrastructure.

We have established deep roots with communities to the mutual benefit of all.

This long association has resulted in the fostering of close professional, economic and social ties, of which we are exceptionally proud.

When allegations of improper or criminal conduct arise, the UK works in partnership with Kenyan authorities to investigate them and bring the guilty parties to justice.  

Thirdly, the article points to instances of British soldiers leaving unexploded ammunition on firing ranges, leading to injury or death of residents.

UNEXPLODED AMMUNITION

Any injury of this nature is horrific and unacceptable. That is why we work with locals and schools to educate everyone on the dangers of unexploded ammunition, including what they might look like, and what to do in the event they are found.

However, the best way to prevent injury is to make sure no live ammunition is left on the ground. Since 2010, we have regularly conducted operations with our Kenya Defence Forces colleagues to clear the ranges used by visiting troops and the KDF.

Since these joint exercises were implemented, there have been no incidents resulting from British unexploded ordinance.

The UK derives great benefit from our relationship with Kenya. We gain access to some of the best training environments in the world, allowing us to prepare our armed forces for the challenges of the future.

The benefit to Kenya is also significant. UK Defence spend in Kenya last year was around Sh8.7 billion.

Nearly Sh7 billion went directly into the Kenyan economy, while the remainder went towards institutional development, collective and individual training, gifting of equipment and operational assistance and community projects.

The British Army Training Unit in Kenya conducts multiple community projects in Laikipia, Isiolo and Samburu counties, investing in schools and orphanages, providing proper sanitation, erecting boda boda shelters and building bridges and roads for communities.

OUTREACH EXERCISES

We run two annual medical outreach exercises during which we work with our KDF colleagues to bring free medical and dental treatment to thousands of people in isolated communities in Samburu, Meru, Isiolo and Laikipia counties.

Last year, 12,000 Kenyans attended our medical clinics.

Batuk has made a significant contribution to conservation, supporting district and local initiatives such as security courses for the Kenya Wildlife Service and building bridges to enable the KWS and Kenya Forestry Service personnel to patrol and react to incidents in Mount Kenya National Park. 

The military relationship between the UK and Kenya is a partnership in the truest sense. Given the multiplication and diversification of security threats faced by peaceful societies in the 21st Century, the importance of close and mutually beneficial defence co-operation is all the more necessary.

As Kenya’s Principal Secretary for Defence, Mr Mutea Iringo, said last month: “Britain has been a key partner in defence co-operation and has provided support to Kenya in the field of specialised military training, including the provision of modern air, ground and naval equipment that has been used effectively in the fight against Al-Shabaab terrorists in Somalia.”

We have every expectation that our long shared tradition of co-operation will continue for decades to come, and in the process deliver a more stable and secure Kenya.

Brig Duncan Francis OBE, is the Defence Adviser to the British High Commission, Nairobi.