Court Approves KDF Deployment to Put an End to Riots, But Gives Government Two Days to Specify Duration and Scope

Justice Lawrence Mugambi declared, "Continuation of military assistance is necessary in view of the need to preserve order and protect military infrastructure."

Jun 27, 2024 - 21:00
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Court Approves KDF Deployment to Put an End to Riots, But Gives Government Two Days to Specify Duration and Scope
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The deployment of Kenya Defence Forces (KDF) soldiers to support police in putting an end to anti-budget rallies has not been stopped by the High Court. Rather, the government was ordered by the court to provide a two-day notice outlining the extent and length of the military deployment.
Justice Lawrence Mugambi declared, "Continuation of military assistance is necessary in view of the need to preserve order and protect military infrastructure." The Law Society of Kenya (LSK) filed a petition, arguing that the deployment ought to have been gazetted 24 hours after Parliament approved it. This petition was the basis for the decision that was made.
Dismissing the petitioners' allegation that the Ministry of Defence had improperly utilized Article 241 of the Constitution to require military participation, the judge ordered the government to promptly announce all terms of the military's engagement within two days.
When President William Ruto refused to sign the Finance Bill and it was returned to Parliament, the military was called in to help police put an end to protests in June 2024.
The deployment of the KDF in the town, according to LSK President Faith Odhiambo, is unconstitutional, and the approval process was only cosmetic. "What's happening is that the Executive and Parliament are using a circus to hide things from us. This situation is unprecedented since the coup in 1982, the speaker stated. The state, through the Office of the Attorney General, asked the court to reject the LSK's requests, arguing that the government had complied with the constitution and that the petitioners had not offered any proof to back up their claims.
On June 25, 2024, after protesters stormed Parliament and set a portion of it on fire in opposition to the Finance Bill 2024, which MPs had passed, the military was called into action. There were multiple demonstrators shot, injured, or taken into custody.

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