The High Court will on Thursday pronounce itself and issue a ruling on a petition filed by the Law Society of Kenya (LSK) seeking to stop the government's plan to deploy the military across the country.
Parties in the case on Wednesday attended a virtual session as the advocates body seeks to establish whether it is legal for the Executive to deploy KDF soldiers to quell protests.
LSK led by President Faith Odhiambo in its petition urged the court to suspend the decision to deploy the military until the case brought before the court is heard and determined.
The Society had filed a petition against Defence Cabinet Secretary Aden Duale accusing the government of contravening the law by deploying the military.
“No emergency, disaster, insecurity, unrest or instability has been officially declared to exist in Kenya, and to be outside the mandate, scope or capacity of the National Police or any other authority to warrant the deployment of the KDF to provide support to the National Police in the manner envisaged in the Impugned Gazette Notice," LSK argued in its petition.
Defence Cabinet Secretary Aden Duale had on Tuesday authorised the deployment of the Kenyan military to quell protests hours after demonstrations stemming from objection to the Finance Bill, 2024 broke out in various parts of the country, including in Nairobi where Kenyans stormed Parliament.
In the gazette notice dated June 25, the CS announced the deployment of the military to help police stop demonstrators from invading critical infrastructure.
According to CS Duale, the Tuesday protests resulted in a security emergency that needed the intervention of the Kenya Defence Forces (KDF).
“Under 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.
“This is in response to the security emergency caused by the ongoing violent protests in various parts of the Republic of Kenya resulting in destruction and breaching of critical infrastructure.”
In the petition filed in court, the National Assembly speaker Moses Wetangula was accused of ratifying the deployment. Wetangula reportedly convened a special meeting with a section of legislators to approve the deployment.
Following CS Duale's announcement, Kikuyu MP Kimani Ichung'wah on Wednesday filed a motion in Parliament to ratify the decision to deploy the KDF.
Commenting on the matter shortly after, Rarieda MP Otiende Amollo revealed that the ratification was concluded in a record 30 minutes.
"Without media, without most members, without proper debate, in a record 30mins, the National Assembly has just made Kenya a military state; authorizing the deployment of KDF," Otiende Amollo disclosed.
