Govt defines KDF deployment scope after court order
By Collins Amanga, June 28, 2024
Following a High Court ruling on Thursday, Kenya Defence Forces (KDF) officers will be deployed across the country to support the National Police Service in the recent anti-government protests.
The High Court upheld the deployment of the KDF following violent protests against the Finance Bill 2024.
KDF deployment necessary
Justice Lawrence Mugambi ruled that military intervention was necessary to protect the public and critical infrastructure. He however instructed the government to clearly outline and publicize the scope, duration, and specific areas of the military intervention within two days to mitigate public fear and ensure confidence in the protection of their liberties during the military engagement.
In response, Cabinet Secretary of Defence Aden Duale announced via a gazette notice on Friday, June 28, that the KDF would be deployed to assist the National Police Service in preserving life, maintaining internal security, protecting property, and upholding law and order on critical institutions.
This decision was influenced by prevailing national security threats orchestrated through various platforms of social media.
“Pursuant to Article 241 (3) (b) of the Constitution of Kenya, 2010 read with sections 31 (1) (a), 31 (1) (c), 33 (1), 34 (1) and 34 (2) 35 the Kenya Defence Forces Act, the Kenya Defence Forces deployed on the 25th June, 2024 in support of the National Police Service in response to the security emergency caused by violent protests in various parts of the Republic of Kenya resulting in destruction and breach of critical infrastructure,” the notice stated.
“Further to the orders of the Court in High Court Constitutional and Human Rights Petition Number 307 of 2024, it is notified for the general information of the public that: Based on the prevailing threats to national security planned and orchestrated through various platforms in the cyberspace, the deployment will cover the Forty-Seven Counties within the Republic of Kenya where critical installations and infrastructure are located in order to assist the National Police Service preserve life, preserve the internal security of the State, protect property as well as maintain law and order,” the notice continued.
The gazette notice revealed that the KDF will remain in the counties until normalcy is restored. The terms of engagement will adhere to constitutional standards, statutory requirements, and principles outlined in the Kenya Defence Forces Act.
“The terms of engagement for the deployment shall be the constitutional standards enshrined in the Bill of Rights, Articles 238 (1) and (2) of the Constitution of Kenya, 2010, statutory requirements and principles provided at sections 3, 8 (2), 34 (1), 34 (3) and 35 of the Kenya Defence Forces Act. The deployment shall continue until normalcy is restored. Dated the 28th June, 2024,” the notice concluded.
KDF in Nairobi
On Thursday, KDF officers were deployed in Nairobi as demonstrations continued. Other major towns, including Mombasa, Migori, and Kakamega, also witnessed protests.
The demonstrations began as a push to reject the Finance Bill 2024. Despite President William Ruto’s rejection of the bill, the protests continued, with reports indicating they might persist in the coming days.