Duale complies with court order, lists KDF areas of operation

Duale said via gazette notice that KDF officers will be deployed across all 47 counties.

In Summary
  • Duale added that the KDF will be deployed until normalcy is restored.

  • Earlier, Duale promised to comply with the High Court's decision promising to issue the gazette notice to that effect.

Kenya Defence Forces (KDF) officers patrolling Moi Avenue in Nairobi ahead of the planned demos on June 27, 2024.
Kenya Defence Forces (KDF) officers patrolling Moi Avenue in Nairobi ahead of the planned demos on June 27, 2024.
Image: FILE

Defence CS Aden Duale has issued directives on the deployment of KDF officers to restore calm during anti-Finance Bill demos.

The High Court upheld a decision taken by Duale to deploy military officers to quell protest chaos.

Justice Lawrence Mugambi said the continuation of the military in assisting the police is necessary given the need to preserve peace and public safety and protect critical infrastructure.

He, however, directed that duration and areas of engagement be gazetted within the next two days to alleviate the public fear that their liberties might be put in jeopardy.

In a gazette notice dated June 28, Duale said KDF officers will be deployed across all 47 counties.

He said they will assist the National Police Service to maintain law and order. 

"Based on the prevailing threats to national security planned and orchestrated through various platforms in cyberspace, the deployment will cover the 47 counties within the country where critical installations and infrastructure are located to assist the National Police Service in preserving life, preserve the internal security of the State, protect property as well as maintain law and order," the notice read.

He further said the terms of engagement for the deployment shall be the constitutional standards enshrined in the Bill of Rights, Articles 238(1) and (2) of the Constitution of Kenya, 2010, statutory requirements and principles provided in sections 3, 8 (2), 34 (1), 34 (3) and 35 of the Kenya Defence Forces Act.

Duale added that the KDF will be deployed until normalcy is restored.

Earlier, Duale promised to comply with the High Court's decision promising to issue the gazette notice to that effect.

"The Government through the Ministry of Defence will comply with the court decision and issue a new gazette notice in due course," he said.

The CS further affirmed that the government will always respect the Constitution.

He said the KDF ensure peace, public safety and protection of critical infrastructure of all the three arms of Government.

On Thursday, Justice Mugambi said that even though the intervention was justified, it was clear that the public had not been fully appraised of the extent of the military involvement.

"Given the eruption and loss of control of police during the demonstrations, necessitating deployment of KDF which endangered life and property, the invocation of article 241(b) was properly invoked in the circumstances," he said.

He agreed with the Law Society of Kenya that deploying KDF in such a blanket manner is a dangerous trend that can bring about the militarisation of the country.

"This can potentially muzzle the civilian population from protesting to what it believes are unfair taxation policies imposed by the government and also put a wedge between military and civilian population," he said.

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