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Rarieda MP Otiende Amolo is the lead counsel in the case before the High Court.
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High Court judge Bahati Mwamuya said on Thursday evening that the oral arguments on the case be heard on Friday, June 28 at 10:30 am.
Image: EZEKIEL AMING'A
A section of Azimio MPs have sued the National Assembly over its decision to approve the deployment of military on the streets to reinforce the police in quelling anti-government protests.
The motion filed under a certificate of urgency by MPs John Mbadi, James Nyikal and Wilberforce Ojiambo Oundo says the deployment of the KDF was irregular and procedurally infirm.
Rarieda MP Otiende Amolo is the lead counsel in the case before the High Court.
High Court judge Bahati Mwamuya said on Thursday evening that the oral arguments on the case be heard on Friday, June 28 at 10:30 am.
The MPs want the court to quickly countermand the decision of the house as it relied on a gazette notice that was drawn and published before parliament gave the overall approval, hence illegal.
They also complain that the law requires that the KDF only be deployed internally in case of a disaster or an emergency which they claim currently does not exist in the country.
“There was no emergency or disaster that the Kenya Police could not handle, and none was demonstrated to the National Assembly.”
They say that though the gazette notice rightly pointed out the articles of the constitution and sections of the KDF Act on deployment of the military in the country, it is infirm to the extent that it “purported to direct deployment without any approval of the National Assembly.”
Additionally, the documents claim that the Defence Council did not approve the deployment as it can only do so after the house gives it a green light. There was no resolution by the council tabled in the house to evidence of their deliberations and the decision to ask for deployment.
“Additionally, there was no approval by the Defense Council which is mandated to deploy the defence forces after approval by the National Assembly.”
The lawmakers also complained that the motion for approval was mishandled in the House as it did not comply with standing orders.
In particular, it says, that standing order 61 (1) regards deployment of KDF as a special motion which is only handled in a laid-out manner.
“Under order 29, special motions require special sittings of the house [and that the speaker] is required to notify members of the place, time and place of the special sitting.”
The special sitting request must have the agenda set out and a list of signed-up members supporting the sitting published. It was not done, they claimed.
“…the deployment of the Defence Forces was done without approval of the National Assembly rendering the action a nullity. The approval of the National Assembly cannot act retroactively but must act respectively.”