High Court Greenlights Military Deployment Amid Protests

KDF officers

In response to the Law Society of Kenya’s (LSK) petition, the High Court has ruled on the deployment of Kenya Defence Forces (KDF) following anti-Finance Bill protests on June 25.

Court Clears Deployment with Gazette Order

High Court Judge Lawrence Mugambi has authorized the deployment of KDF to maintain order and protect critical government infrastructure. He mandated the terms of deployment to be gazetted within two days.

Judge Emphasizes Continuation of Military Role

Judge Mugambi emphasized the necessity of ongoing military assistance to uphold public order and safeguard essential infrastructure.

Concerns Over Blanket Deployment Addressed

During a technically challenged virtual hearing, Judge Mugambi cautioned against the blanket deployment of the military without clear details. He highlighted potential risks of militarization and public suspicion.

Residual Powers Retained by Court

The court retains the authority to address any grievances or rights violations that may arise during the military deployment, according to the ruling issued on Thursday.

LSK’s Legal Challenge

LSK argued that a state of emergency should precede military deployment to protect infrastructure and restore order. They criticized the lack of parliamentary approval prior to gazettement.

Government’s Defense

Attorney General Justin Muturi defended the government’s actions, asserting that due process was followed in gazetting the deployment.

Judge’s Verdict on Security Situation

Judge Mugambi justified the military intervention citing the invasion of parliament and the Chief Justice’s office by protesters, deeming it a serious and immediate security threat.

While tensions persist over the deployment’s legality and procedural aspects, the High Court’s decision provides clarity on the military’s role in maintaining public order amidst ongoing protests.