Kenya to assent to anti-mercenary treaties to curb recruitment of Kenyans in foreign conflicts

The decision paves the way for Kenya to accede to the 1989 United Nations Convention Against the Recruitment, Use, Financing and Training of Mercenaries and the 1977 OAU Convention for the Elimination of Mercenarism in Africa, while also proposing amendments to the Counter-Trafficking in Persons Act and other laws.

The reforms come amid growing concern that more than 500 Kenyan nationals have reportedly been recruited to serve as mercenaries in the Russian military fighting against Ukraine. The Cabinet memorandum says gaps in existing legislation have enabled unscrupulous recruitment agencies to deceive Kenyans into taking up dangerous overseas assignments.

The proposed legal changes will also target trafficking networks sending Kenyans to countries in the Middle East, Southeast Asia and Eastern Europe for forced labour, sexual exploitation and criminal activities.

Although Kenya is already a signatory to the OAU convention, it has not acceded to the UN Mercenaries Convention. The government says joining both instruments will strengthen Kenya’s legal framework, enable prosecution or extradition of offenders, and reinforce the country’s long-standing foreign policy of non-interference, non-alignment and peaceful settlement of disputes.

The memorandum further notes that the continued recruitment of Kenyans into mercenary activities undermines Kenya’s credibility in international peace and security forums, while accession to the treaties will provide a stronger legal and diplomatic basis to reject claims that Kenya supports mercenary operations.