The High Court in Nairobi on Thursday, June 27, upheld the government’s decision to deploy the military to different parts of the country.
While issuing the ruling, High Court Judge Lawrence Mugambi ordered the government to regazette the deployment within two days.
“The intervention of the military in supporting National Police is necessary in view of the need to preserve order, peace, public safety and critical infrastructure,” the judge stated.
“It is hereby directed that the terms of military engagement, duration of engagement be clearly defined and gazetted within the next two days to alleviate public fear.”
The ruling comes a day after the Law Society of Kenya (LSK) filed a petition in court seeking to block the deployment.
LSK thought its president Faith Odhiambo argued that the deployment was unconstitutional and therefore illegal.
On Tuesday, June 25, Defence Cabinet Secretary Aden Duale announced the deployment of KDF to assist the police.
In a gazette notice, the CS stated that the move was reached after a section of demonstrators resorted to interfering with critical infrastructure.
“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.”
The announcement was followed by a special meeting by the National Assembly to ratify the deployment of the officers to different parts of the country.
KDF's deployment was approved after Speaker Moses Wetangula convened an urgent meeting where National Assembly Majority Leader Kimani Ichung'wah fronted the motion.
