High Court Judge Lawrence Mugambi has ruled that the deployment of Kenya Defence Forces to support the National Police Service in restoring order is constitutional.
Government given conditions for the deployment of KDF within Kenya to help police officers restore peace
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In a virtual court session attended by thousands of Kenyans in Thursday, Justice Mugambi said that the KDF deployment by the Defence Council and gazetted by Defence CS Aden Duale was in order.
However, the high court has given the government two days to gazette the scope, duration and areas of intervention.
The case had been filed by the Law Society of Kenya, challenging that no emergency had been declared warranting the intervention of KDF to quell protestors in Kenya.
The deployment was gazetted after protestors of the Finance Bill 2024 breached security in Parliament to enter the grounds, vandalise property and cause significant damage on Tuesday.
On Wednesday, National Assembly Majority Leader Kimani Ichungwa tabled a motion in Parliament to approve the deployment of the Kenya Defence Forces to support police officers in maintaining security within Kenya.
The House considered the move in response to a wave of protests against the Finance Bill 2024.
The request was made by the Defence Council which consists of Defence Cabinet Secretary Aden Duale who is the chairperson, Chief of Defence Forces General Charles Kahariri, the three service commanders Lieutenant General David Tarus, Major General Fatuma Ahmed Major General Paul Owuor Otieno and Defence PS Patrick Mariru.
According to the constitution, KDF can only be deployed to provide security within the country after approval by Parliament.