A proposed defence agreement between Kenya and France is now drawing wide attention as it goes through the parliamentary approval process, with growing debate around its legal and constitutional impact.
The move by President William Ruto’s administration is seen as part of a effort to strengthen Kenya’s international security partnerships, but it has also reopened sensitive questions about sovereignty, accountability, and transparency.
The agreement, which has already been tabled in Parliament, seeks to formalise cooperation between the Kenyan and French armed forces.
Central to the discussion is a clause that would allow French soldiers operating in Kenya under joint defence activities to enjoy diplomatic-style privileges and immunities.
This means they would receive legal protections similar to those granted to diplomats while on Kenyan soil.
On Wednesday, December 17, the Clerk of the National Assembly, Samuel Njoroge, issued a public notice confirming that the agreement has been forwarded to the Departmental Committee on Defence for detailed review. The deal was officially presented to the House on November 27, 2025, triggering constitutional provisions that require public participation and parliamentary oversight before ratification.
These requirements are outlined in Articles 118(1)(b) and 2(5) and (6) of the Constitution, as well as Section 8 of the Treaty Making and Ratification Act.
At its core, the agreement provides a legal framework to guide how visiting forces from Kenya and France will operate when involved in joint activities.
It covers areas such as military training, capacity building, intelligence sharing, joint exercises, maritime security, peacekeeping missions, and humanitarian assistance.
These are areas where Kenya has often worked closely with international partners, especially in responding to terrorism threats and regional instability.
However, the provision on privileges and immunities has raised concern among critics and civil society groups. Granting such protections could limit the ability of Kenyan courts to handle cases involving foreign soldiers if disputes or offences arise.
While the agreement states that all activities must respect the laws, sovereignty, and territorial integrity of each country, critics argue that immunity clauses can weaken accountability in real situations.
Parliament has invited members of the public and interested stakeholders to submit their views on the agreement by December 31, 2025. This step is meant to ensure openness and allow citizens to take part in decisions that affect national security and foreign relations.
The Defence Committee is expected to review these submissions before presenting its recommendations to the House.
The agreement was signed in October 2025 at the Ministry of Defence headquarters in Nairobi by Defence Cabinet Secretary Soipan Tuya and the French Ambassador to Kenya, Arnaud Suquet.
The signing ceremony highlighted the long-standing military relationship between the two countries and the government’s view that the pact will enhance national and regional security.
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