Kenya moves to stop citizens from being recruited as mercenaries

The Cabinet has approved Kenya’s accession to two international anti-mercenary treaties in a major move aimed at curbing the recruitment of Kenyans into foreign conflicts and strengthening action against human trafficking.

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.

The Cabinet also approved proposals to amend the Counter-Trafficking in Persons Act and other related laws to tighten enforcement against illegal recruitment networks.

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.

According to the Cabinet memorandum, gaps in existing legislation have enabled unscrupulous recruitment agencies to deceive Kenyans into taking up dangerous overseas assignments under false promises of employment opportunities.

The proposed legal changes will also target trafficking syndicates accused of sending Kenyans to countries in the Middle East, Southeast Asia and Eastern Europe, where victims have reportedly been subjected to forced labour, sexual exploitation and other criminal activities.

Although Kenya is already a signatory to the OAU convention, it has not formally acceded to the UN Mercenaries Convention.

The government says joining both instruments will strengthen Kenya’s legal framework by enhancing its ability to investigate, prosecute or extradite individuals involved in mercenary activities and related offences.

The Cabinet noted that the continued recruitment of Kenyans into mercenary operations risks damaging the country’s standing in international peace and security forums.

The memorandum further states that accession to the treaties will reinforce Kenya’s long-standing foreign policy principles of non-interference, non-alignment and the peaceful settlement of international disputes.

It will also provide a stronger legal and diplomatic basis to reject claims that Kenya supports or tolerates mercenary operations abroad.