Court Decision Pending on Legality of KDF Deployment
Cs Defense Forces Adan Duale
Background
The High Court is poised to issue its verdict on Thursday regarding a petition filed by the Law Society of Kenya (LSK) challenging the deployment of the Kenya Defense Forces (KDF) amid the ongoing anti-Finance Bill protests.
Virtual Hearing Scheduled
The court has directed all parties involved in the case to participate in a virtual hearing. The petition, which pits the LSK against the State and Defense Cabinet Secretary, seeks clarity on the constitutional basis for the deployment.
LSK’s Argument
In documents submitted to the court, LSK argues that President William Ruto has not declared a state of emergency under Article 58 of the Constitution. Consequently, the deployment of KDF exceeds the mandate of the National Police.
Constitutional Concerns
LSK asserts, “The Defence Cabinet Secretary Aden Duale’s Tuesday Gazette notice violates constitutional provisions.” They argue it poses a significant risk of infringing on Kenyans’ rights to peacefully protest, as guaranteed by the Constitution.
Public Outcry
Moreover, LSK states, “The current state of public finance management and the government’s tax increase policies have sparked nationwide protests.” Many Kenyan youth, aged 18 to 35, are actively participating in these demonstrations to express their discontent.
Unprecedented Deployment
LSK emphasizes that no time in the history of the Republic, save for the military coup in 1982, has seen such a carte blanche deployment of the military to support the National Police during civilian demonstrations. They stress that such a deployment sets a dangerous precedent and challenges the rule of law in civilian policing matters.
Government Response
In response to the petition, the government, represented by the Defence Cabinet Secretary, has defended the deployment as necessary to maintain public order. They argue that escalating tensions and potential threats to security during the protests justify the presence of KDF.
Legal Implications
The court’s decision on Thursday will likely have significant legal implications for future deployments of military forces in civilian matters. Consequently, it will clarify the extent to which constitutional provisions can justify such actions, balancing security concerns with constitutional rights.
Ultimately, the court’s decision on Thursday will determine the legality of the KDF deployment and its alignment with constitutional provisions. The outcome is anticipated to have far-reaching implications for civil liberties and the government’s response to public dissent in Kenya.
