State Strengthens Legal Fight Against Mercenary Recruitment
The move follows growing concern over reports that more than 500 Kenyan nationals have been recruited to serve as mercenaries in the Russian military fighting against Ukraine, according to the Cabinet memorandum cited in the government dispatch.
By Our Correspondent
The cabinet has approved Kenya’s accession to two international anti-mercenary treaties, opening a new legal front against the recruitment of Kenyans into foreign conflicts and strengthening the country’s response to human trafficking.
The decision clears 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. It also proposes amendments to the Counter-Trafficking in Persons Act and other related laws.
The reforms are aimed at closing legal gaps that government officials say have allowed criminal networks and unscrupulous recruitment agencies to lure Kenyans into dangerous overseas assignments under false pretences.
The move follows growing concern over reports that more than 500 Kenyan nationals have been recruited to serve as mercenaries in the Russian military fighting against Ukraine, according to the Cabinet memorandum cited in the government dispatch.
Kenyan authorities say the proposed amendments will also target trafficking syndicates accused of sending citizens to the Middle East, Southeast Asia and Eastern Europe, where victims have reportedly faced forced labour, sexual exploitation and criminal exploitation.
The Cabinet decision was taken during today’s meeting chaired by President William Ruto at State House, Nairobi, as part of a wider agenda that also included payroll reforms, digital policy, climate preparedness, infrastructure, health and industrialisation measures.
Although Kenya is already a signatory to the 1977 OAU Convention, the government says it has not formally acceded to the 1989 UN Mercenaries Convention. Accession to both instruments is expected to strengthen investigation, prosecution and extradition mechanisms for mercenary-related offences.
The UN treaty entered into force on October 20, 2001, and had 38 parties and 17 signatories as of June 30, 2026, according to the United Nations Treaty Collection.
The OAU Convention defines a mercenary as a person specially recruited to fight in an armed conflict, motivated by private gain, who is neither a national of a party to the conflict nor a member of that party’s armed forces. It also treats mercenarism as a crime against peace and security in Africa.
The proposed amendments would build on Kenya’s existing anti-trafficking framework. The Counter-Trafficking in Persons Act already defines exploitation to include coercive or fraudulent use of a person to take part in armed conflict, forced labour, sexual exploitation and other abuses.
Under the Act, trafficking may occur inside Kenya or across borders, and those convicted face imprisonment of not less than 30 years, a fine of not less than Sh30 million, or both.
The issue has drawn diplomatic attention in recent months. Reuters reported in March that Kenya said it had reached an agreement with Russia that Kenyans would no longer be eligible to enlist through Russia’s Ministry of Defence to fight in Ukraine.
Kenya had said more than 1,000 Kenyans had been recruited to fight, while a Kenyan intelligence report presented to lawmakers put the figure at about 1,000.
An intelligence report alleged Kenyans had been misled with promises of skilled jobs in Russia before being sent to the front lines. The Russian Embassy in Nairobi denied wrongdoing, saying it had not issued visas to people intending to fight in Ukraine.
Cabinet says the continued recruitment of Kenyans into mercenary activities risks damaging the country’s standing in international peace and security forums. It also says accession to the treaties will reinforce Kenya’s foreign policy principles of non-interference, non-alignment and peaceful settlement of disputes.
The government argues that joining the two conventions will provide a stronger legal and diplomatic basis to reject claims that Kenya supports or tolerates mercenary operations, while improving cooperation with other states in investigating and prosecuting offenders.
The reforms now move the focus to implementation, including treaty accession procedures, possible legislative amendments and enforcement action against recruitment agencies or individuals suspected of trafficking Kenyans into armed conflict and other forms of exploitation.
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