The Cabinet has approved Kenya’s accession to two international anti-mercenary treaties in a major step to curb the recruitment of Kenyans into foreign conflicts and strengthen efforts against human trafficking.
The decision clears the way for Kenya to join 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. The government also plans amendments to the Counter-Trafficking in Persons Act and other relevant laws.
The reforms come as concern grows that more than 500 Kenyan nationals have reportedly been recruited to serve as mercenaries in the Russian military, fighting against Ukraine. The Cabinet memorandum states that gaps in existing legislation have allowed unscrupulous recruitment agencies to mislead Kenyans into accepting dangerous overseas assignments.
The proposed legal changes will also go after trafficking networks that send Kenyans to countries in the Middle East, Southeast Asia, and Eastern Europe for forced labour, sexual exploitation, and other criminal activities.
Kenya already signed the OAU convention, but 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 longstanding foreign policy of non-interference, non-alignment, and peaceful settlement of disputes.
The memorandum also warns that continued recruitment of Kenyans into mercenary activities damages Kenya’s credibility in international peace and security forums. It adds that treaty accession will provide a stronger legal and diplomatic basis for Kenya to reject claims that it supports mercenary operations.
