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Hearing of LSK petition for court to order KDF troops back to barracks set for Thursday

LSK President Faith Odhiambo (centre) addresses the media during a past press briefing. (Photo: Faith Odhiambo/X)

By Joseph Ndunda | Wednesday, June 26, 2024

The LSK has sued CS Aden Duale, the Defence Council, the KDF, the CDF, the Attorney General and the IG for "illegally" deploying the KDF soldiers to support the National Police Service without following the due procedure.

The High Court will on Thursday, June 27, hear a petition by the Law Society of Kenya seeking the court's order for the Kenya Defence Forces (KDF) soldiers deployed to support the police in suppressing the anti-Finance Bill protests to return to the barracks.

The LSK filed an application at the high court seeking orders quashing the gazette notice number 7861 of June 25, 2024, issued by Defence CS Aden Nduale deploying the KDF to support the National Police Service in dealing with the protesters.

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The society is also seeking orders restraining the Cabinet Secretary for Defence, Kenya Defence Council, the Chief of Defence Forces (CDF) and the Inspector General of Police, their agents, employees or anyone acting under their instructions, from directing or overseeing, controlling or superintending any operations of the KDF in relations to the Gazette notice.

Justice Lawrence Mugambi allowed the application and petition filed by the LSK as a matter under certificate of urgency and directed parties to be served immediately before they appear virtually before him for an oral hearing.

The LSK has sued CS Aden Duale, the Defence Council, the KDF, the CDF, the Attorney General and the IG for "illegally" deploying the KDF soldiers to support the National Police Service without following the due procedure.

"The petitioner (LSK) contends that the mandatory and material procedure of seeking and obtaining approval from the National Assembly before the notice to deploy KDF was issued by (Duale), was not complied with," the petition reads in part.

"This is especially considering the general acknowledgement that the military is not best suited and not professionally trained in dealing with internal security matters which involve civilians, and the constitutional threshold which ought to have been achieved before the government deployed the KDF for security purposes was not met."

In the petition supported by an affidavit of the society's- CEO Florence Muturi, the LSK says the intention and collateral purpose for the deployment of the military is to intimidate, frustrate, curtail or suppress many Kenyans' rights to peaceably and unarmed, assemble, demonstrate and picket, and to present a petition against the government.

"In such a "shocking and unprecedented move" the gazette notice unilaterally and illegally purported to and in fact deployed the KDF to support the NPS in responding to a purported security emergency caused by the purported ongoing violent protests against the Finance Bill 2024 in various parts of the country which resulted in destruction and breach of critical infrastructure," states Muturi in her affidavit.

"The gazette notice was also issued unilaterally, and is in the circumstances inconsistent with national values and the principles of governance of the rule of law, democracy and participation of people, inclusiveness, integrity and transparency which are to be applied whenever administrative action is taken as outlined under Article 10 (1) (b) and Article 10 (2) of the constitution."

The LSK says unless the orders sought are granted, there is a real and present danger that many people will suffer or continue to suffer arbitrary deprivation of their fundamental rights to demonstrate and to fair administrative actions as guaranteed in the constitution.