Kenya
Practice Relating to Rule 108. Mercenaries
Kenya’s LOAC Manual (1997) defines a mercenary as “a person who takes part in the conflict for private gain, who is not a member of any organized armed forces of a Party to the conflict and has not been sent on official duty by a country not involved in the conflict”.
Kenya’s LOAC Manual (1997) states: “Mercenaries are neither entitled to combatant nor to POW [prisoner-of-war] status … Nevertheless, a captured mercenary … cannot be deprived of his fundamental rights and may not be punished without trial.”