NAIROBI, Kenya — National Assembly Defence, Intelligence and Foreign Relations Committee Chairperson Nelson Koech has dismissed claims that Kenya demanded Sh3 billion from the United Kingdom as a condition for renewing the British Army Training Unit Kenya (BATUK) agreement, saying Parliament has no constitutional role in negotiating international treaties.
Koech issued the clarification on Sunday following remarks by former Deputy President Rigathi Gachagua, who alleged during a church service at St. Teresa Catholic Church in Imenti Central, Meru County, that the Kenyan government had requested Sh3 billion from the UK government to facilitate renewal of the Kenya-United Kingdom Defence Cooperation Agreement.
The claims sparked debate over the future of the long-standing military partnership between Nairobi and London.
In a statement, Koech said the allegations misrepresented both the treaty-making process and Parliament’s constitutional mandate.
“Under our Constitution and the Treaty Making and Ratification Act, No. 45 of 2012, which gives effect to Article 2(6) of the Constitution, the initiation, negotiation, conclusion and ratification of treaties and international agreements are functions of the National Executive, and not of a parliamentary committee,” Koech said.
He explained that Parliament only becomes involved after negotiations have been concluded by the Executive and approved by the Cabinet.
At that stage, he said, the agreement is submitted to the National Assembly, where lawmakers scrutinise its provisions, make recommendations and determine whether it should be ratified.
Koech revealed that negotiations between Kenya and the United Kingdom remain at a sensitive stage, with Kenya seeking stronger legal safeguards and accountability measures before approving a renewed defence cooperation agreement.
Among the key issues under discussion is criminal jurisdiction, with Kenya pushing for serious offences allegedly committed by visiting British military personnel to be prosecuted under Kenyan law. The proposal also seeks mandatory cooperation by British authorities with Kenyan criminal investigations and parliamentary inquiries.
Environmental protection has also emerged as a major area of negotiation, with lawmakers seeking stronger obligations requiring BATUK to mitigate environmental degradation in military training areas, including Laikipia and neighbouring regions.
Koech said Parliament is also advocating for clearer commitments on social responsibility, including support for host communities, child support obligations where applicable, and tangible socio-economic benefits for residents living near BATUK training zones.
The proposals stem from a two-year parliamentary inquiry into BATUK’s operations, which culminated in a report tabled before the National Assembly in November 2025.
According to Koech, the committee recommended that Kenya should only ratify a renewed defence agreement if stronger accountability mechanisms are firmly incorporated into the treaty.
The Ministry of Foreign and Diaspora Affairs, alongside the Ministry of Defence, continues to lead negotiations with the United Kingdom in an effort to resolve the outstanding issues before any agreement is presented to Parliament for consideration.
The BATUK negotiations have been shaped by longstanding concerns over the legal status of British soldiers operating in Kenya, environmental impacts of military exercises, and the pursuit of justice in high-profile cases, including the killing of Agnes Wanjiru.
Despite the outstanding issues, Koech reaffirmed Kenya’s commitment to maintaining its strategic defence partnership with the United Kingdom, saying future cooperation must be founded on equality, accountability and respect for Kenyan law.
“Kenya values its long defence partnership with the United Kingdom, which has delivered real benefits in counter-terrorism, interoperability and the building of our defence capability. But partnership must rest on equality, respect for Kenyan law, and on genuine accountability,” he said.
The remarks come days after the Kenyan government clarified that reports suggesting BATUK operations had ended were inaccurate, maintaining that the broader Kenya-UK defence partnership remains intact even as negotiations over a renewed agreement continue.