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President William Ruto’s move to order the deployment of military to the troubled West Pokot region has started causing uproar over its constitutionality.

Yesterday, President Ruto ordered the deployment of the military in the insecurity-prone West Pokot region where a number of schools have been closed due to attacks by the militia.

Ruto spoke when he commissioned the Cemtech Limited clinker plant in West Pokot, owned by Devki Group.

“I want to say this while I’m in West Pokot. In the next two days, the army will be in Chesogon and will come there to ensure the schools are built. They will be there to ensure that when schools open next term, the children of those schools will be there,” said Ruto.

“It cannot be the case in the 21st century in Kenya, a democratic country, that children do not attend school because of the few offenders who want to steal cows and damage property.”

President Ruto said the Kenya Defence Forces (KDF) officers will prioritise the rebuilding of 20 schools destroyed by bandits.

Ruto said apart from ensuring there is stability in the restive region, the officers will also take part in community projects.

It is the second time that the President deployed the military, the first one being on February 13, when the government gazetted the military deployment to six bandit-prone counties.

President Ruto had ordered for a joint security operation in the restive parts of the North Rift that have come under heavy bandit attacks in recent days.

Opposition leader Raila Odinga accused Ruto of violating the Constitution by ordering the deployment of the military without seeking approval by parliament.

Raila said the law demands that any such deployment of the military whether internally or to foreign countries must be sanctioned by Parliament.

Special circumstances

“Under very special circumstances is the military deployed. The President has no powers, this is a gross violation of the Constitution,” he said.

Questions are being raised about the legality of the President’s declaration.

The constitution in Article 241(3), provides for the procedure for local military deployment, essentially diluting the input of the National Assembly in case the government wants to use the military internally.

Pursuant to Article 241(3) of the Constitution, the military can be deployed locally on two grounds: Assist and co-operate with other authorities in situations of emergency or disaster or to restore peace in any part of Kenya affected by unrest or instability.

Political analyst Javas Bigambo, said that while it is proper to follow due process and observe rule of law by seeking parliament’s approval the Head of State has powers to order deployment without approval by parliament.

“We have got the Security Council chaired by the President which advises whether it’s a matter of national security risk. In special circumstances the Council advises the President on the action to take which does not require parliamentary approval,” Bigambo explained.

The government through a gazette notice by Defence CS Aden Duale said the military would be deployed to six bandit-prone counties to avert further loss of lives.

The counties were Turkana, West Pokot, Elgeyo Marakwet, Baringo, Laikipia and Samburu. Interior CS Kithure Kindiki had declared the counties as disturbed and dangerous.
Kindiki clarified that the deployment of the military would not need Parliamentary approval since the soldiers would be there to assist a police-led operation.

Military-led operation

He said the military will operate under the National Police Service, the lead team in the operation. “As such, no prior approval of the National Assembly is required as would be the case for a military-led operation under Article 241 (3) (c) of the Constitution,” Kindiki said in defence of his boss.

Ruto said Sh100 billion have been allocated towards the construction of new schools and renovation of the old ones.

The Head of state said the KDF personnel will be stationed in the banditry-prone North Rift areas permanently.

Ruto said apart from ensuring there is stability in the restive region, the officers will also take part in community projects.

“The government has already set aside Sh100 billion for the construction of new schools and renovation of the old ones,” Ruto said.

He said they have prioritised the rebuilding of 20 schools destroyed by bandits in the county and ensuring they have boarding facilities so that children can resume learning.

A feeding programme funded by the government, he added, will be introduced to keep the learners in school and lessen the burden parents in the area.