The High Court is this morning expected to rule on whether the government's decision to deploy Kenya Defence Forces soldiers to help police deal with protesters is constitutional.
This follows a petition by the Law Society of Kenya seeking to stop the state from deploying military officers to the streets.
Defence CS Aden Duale on Tuesday evening issued a gazette notice in regards to the deployment before MPs on Wednesday passed the resolution.
LSK argues that no emergency, unrest or instability has been officially declared to exist in Kenya to warrant the deployment of the KDF to provide support to the National Police Service.
The National Assembly on Wednesday morning approved the deployment of Kenya Defence Forces officers within the country to restore order after Tuesday's protests.
"We are aggrieved by the illegal and unconstitutional process which was adopted by the Cabinet Secretary in issuing and publishing the challenged gazette notice," LSK said in its court documents.
The military, it argues, is not best suited and not professionally trained in dealing with internal security matters which involve civilians.
The gazette notice they argued poses a huge threat of violation of fundamental rights and freedoms of many Kenyans who wish to exercise their right to peacefully protest within the confines of the constitution.
Justice Lawrence Mugambi on Wednesday directed parties to appear before him this morning for a brief hearing before a ruling is made.
