Experts Explain Why Move to Deploy KDF after Deadly Protests is Illegal

• On Tuesday, June 25, Defence Cabinet Secretary Aden Duale announced the deployment of KDF to help police in restoring peace after violent protests
• However, the Duale's move has been faulted by opposition leaders and legal experts who termed it unconstitutional
• Speaking to TUKO.co.ke, lawyer Danstan Omari said KDF can only be deployed with the approval of the National Assembly

Amos Khaemba, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.

Nairobi - The government's move to deploy the Kenya Defence Forces (KDF) after deadly anti-Finance Bill protests has elicited mixed reactions.

Caleb Amisi (l), Paul Mwangi (c) after deadly anti-finance bill protests. Photo. Caleb Amisi/ Paul Mwangi/KDF. Source: UGC

Why did Aden Duale deploy the KDF?

In a gazette notice on Tuesday, June 25, Defence Cabinet Secretary Aden Duale announced the deployment of the military in the country following a day of protests against the controversial Finance Bill 2024.

Duale cited Article 241 (3) (b) of Kenya's constitution to declare the deployment of the Kenya Defence Forces in support of the National Police Service.

"The Kenya Defence Forces is deployed on June 25, 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," the gazette notice read.

However, the move by the Defence CS had been termed illegal by many opposition leaders and legal experts.

Commenting on the deployment of KDF to assist the police, Saboti MP Caleb Amisi said it was illegal for KDF to be used in stopping internal domestic riots.

"CS Aden Duale has breached the constitution of Kenya by invoking 241 3(b) instead of 241 3(c) that requires approval of the National Assembly before deployment of Kenya Defence Forces. One day you will pay,however long it will take!

Deployment of Defence Forces in internal domestic riots and protests is illegal. William Rut, you have crossed the redline ! rule . Reject!" Amisi said.

Azimio la Umoja One Kenya Coalition Party lawyer, Paul Mwangi also rabbished the deployment of KDF terming such a move as unconstitutional.

"KDF cannot be deployed to restore peace within the territory without the authority of the National Assembly," Mwangi.

Speaking to TUKO.co.ke, lawyer Danstan Omari termed the gazette notice by Duale as irrelevant, arguing that KDF can only be deployed on local matters with the approval of the National Assembly.

"Unless approved by the National Assembly, this gazette notice is moribund," Omari said.

Omari was basing his argument on Article 241 of the Constitution of Kenyan regarding the establishment of the Kenya Dence Forces.

According to Article 241, Section 3 (b), the KDF can be deployed to help the National Police Service restore peace in any part of Kenya.

However, such deployment must be approved by the National Assembly for it to be legally binding.

"May be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly," the law reads.