Lawyer Ndegwa Njiru Flags Legal Concerns in Proposed French Military Agreement

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City Lawyer Ndegwa Njiru has urged Kenyans to examine a proposed defence cooperation agreement between Kenya and France, highlighting potential legal implications if the pact is ratified. 


The National Assembly is currently inviting citizens to submit their views on the deal, which Njiru says could grant French soldiers immunity from Kenyan courts.


In a statement on X, Njiru referenced the Vienna Convention on Diplomatic Relations (1961), explaining that the treaty allows diplomats to operate without interference from host country laws. 


“This means that under this agreement, French troops could be shielded from local jurisdiction, including criminal or civil proceedings,” he said.


The agreement is part of Kenya’s broader efforts to strengthen military cooperation with international partners, including joint training exercises, intelligence sharing, and logistical support. 


While diplomatic immunity is common in international relations, extending similar protections to foreign military personnel raises questions about legal accountability.


Njiru stressed key aspects of the Vienna Convention, including inviolability of the person, exemption from arrest or detention, and relief from certain taxes. 


He described the pact as a significant development requiring careful consideration by both parliament and the public.


The Ministry of Defence has yet to issue a detailed statement on Njiru’s remarks. 


Previous government communications indicate that the pact is intended to enhance Kenya’s strategic security partnerships while adhering to international law.


The public consultation period offers an opportunity for citizens, civil society organizations, and other stakeholders to provide input before the National Assembly votes on the agreement.


The agreement comes amid ongoing debates in Kenya over foreign military presence and the legal frameworks governing their activities. 


Njiru’s statement has brought renewed attention to the potential consequences of immunity provisions for foreign forces, highlighting the intersection of national law and international obligations.


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