Court Allows Ruto to Use Military to Deal with Protesters

• National Assembly approved the cabinet's notice to deploy Kenya Defence Forces (KDF) to help restore calm after anti-Fiance Bill protesters overran police officers
• The approval was challenged in court by the Law Society of Kenya, who argued that it was illegal and unprocedural
• The court partially agreed with the petitioners but allowed the government to deploy the military, with instructions to ensure the soldiers' scope of operation is well defined and guided

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President William Ruto has won the first round of a case file by the Law Society of Kenya (LSK) challenging the deployment of Kenya Defence Forces (KDF) to restore calm in the country.

KDF soldiers moving around Nairobi CBD hours before the court delivered a ruling. Photo: Getty Images Source: Getty Images

In a highly awaited ruling, Justice Lawrence Mugambi ruled that the continuation of military deployment was necessary to protect critical government installations and maintain public order, particularly after the chaotic protests that were witnessed on Tuesday, June 23

"The continuation of military assistance to the police is necessary in view of the need to preserve order and protect crucial government infrastructure," he stated.

The judge further observed that President Ruto invoked the section of the law was properly invoked as the demos were getting out of hand.

"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," Justice Mugambi stated.

He agreed with the LSK on the danger of unleashing the army on the public where warned that deploying the military to tackle unrest would instill fear among the civilian population.

"Military intervention would cause fear. It is common knowledge that military is not trained to deal with civilians ,deploying millitary is a dangerous trend that can bring millitirazation.It can also drive a wedge between the military and the public",he added.

In the virtual ruling which kept on bieng interrupted by technical glitches,Mugambi also directed that the deployment order be gazetted within two days.

"I therefore make the following orders that the gazettement be done within next two days this court retains powers to receive and deal with complaints, violations as long as military intervention lasts",he ruled.

This he said would give public confidence that their liberties will be observed duration of military engagement.

The ruling causes a bit of disquiet after the court administrators kept on changing the virtual teams link which had over 1000 attendees who comprised of Gen Z's and Advocates who were getting impatient.

The ruling was read at around 7pm in the evening after the technical issues were resolved.