KDF
The High Court has okayed Defence Cabinet Secretary Aden Duale’s move to deploy the Kenya Defence Forces (KDF) to quell protest chaos.
In a ruling on Thursday, June 27, Justice Lawrence Mugambi said the KDF deployment was necessary to safeguard critical infrastructure.
“Given the eruption and loss of control of police during the demonstrations, necessitating deployment of KDF which endangered life and property, the invocation of article 241(b) was properly invoked in the circumstances,” said Mugambi.
The High Court Judge however ordered the government to regazette the KDF deployment within two days.
Mugambi highlighted that the deployment of the military without specific details about the period of deployment, was likely to result in the country’s militarization.
The Law Society of Kenya (LSK) had moved to court to block the KDF deployment within the country.
LSK argued that argued that the KDF parliamentary approval was sought only after the deployment was gazetted, which violated Kenyan law.
The society also told the court that a state of emergency should have been declared so that the KDF could be deployed to protect critical government infrastructure and restore order.
CS Duale on Tuesday, June 25 gazetted the deployment of the Kenya Defence Forces (KDF) to help police officers manage the ongoing violent demonstrations countrywide.
The Defence CS said the move was reached after demonstrators interfered with critical infrastructure.
“Pursuant to Article 241 (3) (b) of the Constitution of Kenya as read with sections 31 (1) (a), 31 (1) (c), 33 (1), 34 (1) and 34 (2) of the Kenya Defence Forces Act, (Cap. 199), the Kenya Defence Forces is deployed on the 25th June, 2024 in support of the National Police Service,” read part of the gazette notice.
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