- The KDF was deployed after angry protesters overran Parliament Buildings
- In the Gazette notice, Duale invoked Article 241 (3) (b) of the constitution.
Image: EZEKIEL AMING'A
Police watchdog now says the deployment of KDF during the youth-led protests was a ploy by security establishment to impose a militarised state and obscure police excesses.
Independent Police Oversight Authority says in a latest report from its monitoring of the three months anti-Finance Bill, 2024 protests that letting the soldiers in the streets was unlawful, procedurally irregular and a ploy to intimidate dissenting voices.
Though the question legality of the soldiers' deployment was robustly litigated in court, Ipoa says issues about the legal probity of the decision remained outstanding.
“The arising issue in the case were in the manner of deployment at that time. There had been no notification to the National Assembly as required by the law and, as such, there was no explanation of the circumstances warranting the deployment of the KDF,” the report reads.
The report adds that the soldiers were hurriedly deployed with open-ended time frame and with no clear operational objective, which opened the door for the military to interfere with civilian politics, including challenging Executive decisions.
“And even after the deployment, the terms of reference had not been defined and hence when [the terms of reference is] silent, it could easily lead the country to a militarised state,” it says.
It also complains that the emergency and disaster cited by then Defence Cabinet Secretary Aden Duale in the Gazette notice authorising the deployment was not clearly defined.
“The other arising issue was the clarity on what was meant by emergency and disaster to warrant deployment of the KDF," the report says.
"The deployment of KDF was deliberate to cause fear and intimidation of which by extension infringed on article 37 of the constitution.”
The High Court had given the deployment a clean bill of health in a petition filed by the Law Society of Kenya, saying that the emergency occasioned by storming of Parliament warranted it.
“The intervention of the military in supporting the National Police [Service] is necessary in view of the need to preserve order, peace, public safety and critical infrastructure as it is in conformity with the constitution and relevant statute, and was properly invoked,” the judgement reads.
The court, however, directed that the government clearly demarcate the terms and duration of the deployment to avoid abuse.
“It is hereby directed that the terms of military engagement, duration of the engagement be clearly defined and gazetted within the next two days to alleviate the public fear that the constitutional liberties could be in jeopardy and to give the public confidence that their liberties will be observed during the duration of military engagement.”
The KDF was deployed on the night of June 25 after angry protesters overran Parliament Buildings and burnt a section of it.
Parts of the Chief Justice’s office was also attacked, as well as the city governor’s office.
MPs hurriedly approved the deployment the following day on June 26 in a closed session.
The government said the soldiers' main job was to support the police to restore normalcy across the country.
In the Gazette notice, Duale invoked Article 241 (3) (b) of the constitution.
"The Kenya Defence Forces is deployed on the 25th June, 2024 in support of the National Police Service in response to the security emergency caused by the ongoing violent protests in various parts of the Republic of Kenya resulting in destruction and broaching of critical infrastructure. "