Lawmakers in Kenya have approved the ratification of five Defence Cooperation Agreements with foreign partners, endorsing deeper military and security collaboration while attaching strict conditions to safeguard national sovereignty, human rights and the environment.
The National Assembly endorsed the agreements between Kenya and France, the Czech Republic, China, Ethiopia and Zimbabwe following a detailed review by the Departmental Committee on Defence, Intelligence and Foreign Relations chaired by Belgut MP Nelson Koech.
Moving the motion in the House, Koech said the pacts are essential in strengthening Kenya defence capacity and positioning the country within an increasingly complex global security environment.
He said the agreements will enhance Kenya defence capabilities through partnerships with technologically advanced and strategically significant states.
The deals are expected to deepen cooperation in intelligence sharing, counter-terrorism, peace support operations and research and development.
The ratification process marked a notable shift in how defence treaties are handled, with Parliament undertaking extensive public participation before approval.
The committee invited submissions from key government agencies and institutions, including the Ministry of Defence, the State Department for Foreign Affairs, the Office of the Attorney-General and oversight bodies such as the National Environment Management Authority and the Kenya National Commission on Human Rights.
Koech said the move aligns with Article 118 of the Constitution, which requires Parliament to facilitate public involvement in its legislative processes.
He noted that this was the first time Defence Cooperation Agreements had been subjected to public participation, adding that stakeholder input strengthened scrutiny of the deals.
Gilgil MP Martha Wangari, who seconded the motion, said early consultations exposed critical gaps that could have been overlooked.
She said Parliament often comes in at the tail end with limited options and the process must change.
Focus on security, safeguards and oversight
Lawmakers broadly supported the agreements, citing their strategic importance in tackling emerging threats such as cybercrime, terrorism and cross-border instability.
Leader of Majority Party Kimani Ichungwah said the agreements extend beyond traditional military training to include modern domains such as cybersecurity, maritime surveillance and space technology.
He said these are new frontiers that will significantly enhance the capability of Kenya defence forces.
Ichungwah added that cooperation with Ethiopia could help address insecurity along the Marsabit Moyale corridor and strengthen efforts to curb cross-border crime.
Funyula MP Ojiambo Oundo supported the move but cautioned that Kenya national interests must remain paramount.
He said there is a need to guard against human rights abuses and ensure that the agreements do not disadvantage Kenyans.
A central issue during debate was criminal jurisdiction over foreign troops operating within Kenya. Lawmakers agreed that serious crimes committed on Kenyan soil must be prosecuted under Kenyan law.
Koech said there is no way a soldier can commit a crime in the country and escape justice, stressing that offences such as murder, sexual violence and torture must be handled within Kenya legal system.
Members of Parliament also raised concerns over the environmental and social impact of foreign military activities, particularly in training areas.
Nairobi Woman Representative Esther Passaris called for clear environmental protection clauses, warning that defence cooperation should not come at the expense of ecosystems, wildlife and local communities.
The committee cited past incidents involving environmental degradation and unexploded ordnance, urging enforceable safeguards to mitigate such risks.
Navakholo MP Emmanuel Wangwe welcomed provisions requiring visiting forces to respect local cultures and traditions, saying foreign troops must operate strictly within agreed mandates.
Lawmakers also pointed to inconsistencies in existing agreements due to the lack of a uniform template. The House recommended the development of a standardised framework to guide future defence negotiations.
This framework would ensure minimum safeguards on jurisdiction, environmental protection and community relations.
MPs further called for enhanced parliamentary oversight and adequate funding to monitor implementation, particularly for agreements executed outside the country.
Despite the reservations, lawmakers expressed confidence that the agreements, if implemented with the proposed safeguards, will strengthen Kenya security architecture and regional influence amid evolving global threats.
Koech said the world is changing and so are security threats, adding that the partnerships are necessary but must be anchored in strong legal and institutional safeguards.
