The Law Society of Kenya (LSK) has expressed its disapproval over the deployment of Kenya Defense Force (KDF) troops in the streets of Nairobi.
In a statement on June 28, following the high court ruling on the matter, LSK President Faith Odhiambo said the LSK respects but disagrees with the court’s ruling.
The LSK argued that the deployment of the military was procedurally unsound, not in line with Article 241 of the Constitution, and disproportionate to the situation at hand.
LSK maintained that the violence witnessed during the protests occurred as a reaction to excesses use of police force on protestors.
“We maintain that the violence that has been witnessed during the protests has been perpetuated by or as a reaction to excesses of police force and arbitrariness,” said LSK.
No evidence, LSK
The society also noted that there was no evidence to indicate the police were incapable of containing the situation if they performed their duties within the limitations of the law.
Further, the LSK expressed reservations about the delay by the court in issuing the full version of the ruling, stating that this would enable them to evaluate the options available to them in defense of the Constitution and the rule of law.
“We commit to consider the written ruling and take the next course of action in defense of the Constitution and the rule of law.”
Court Approves Deployment of KDF Troops
On June 27, Milimani High Court Magistrate Justice Lawrence Mugambi upheld the deployment of KDF troops to assist police in managing anti-finance bill protesters across the country.
The ruling came in response to a petition filed by the LSK challenging the deployment of the military to assist police in maintaining order.
Also Read: High Court Rules on KDF Deployment Amid Protests
According to LSK, the petition was filed in response to a Gazette Notice by the Minister of Defense on June 24, 2024, and the subsequent approval by the National Assembly through a sitting which the LSK described as “anything but parliamentary.”
LSK’s petition argued that the decision was made in haste and irrationally in response to the tension caused by the recent wave of protests against the enactment of the Finance Bill 2024.
“Our petition impugns the procedure in the manner that this drastic measure was undertaken, lack of clarity in its scope and that it is disproportionate in the circumstances.”
The society maintained that there was no evidence of due consideration by state organs, the security council, or parliament prior to the gazettement as enshrined by the Constitution.
Judge Gives Reasons for Upholding the KDF Deployment
Justice Lawrence Mugambi in the ruling agreed with the LSK’s arguments that the deployment did not adhere to the stipulations of Article 241 and the provisions outlined in the Kenya Defense Forces Act.
“The court found that that the gazette notice engendered uncertainty as to scope, terms, conduct and timeframe.”
Also Read: Parliament Approves Deployment of KDF Amid Anti-Finance Bill Protests
“Court however held the view that the deployment is necessitated due to the circumstances that arose on Tuesday where the police appeared unable to control protestors,” said Faith Odhiambo.
Due to the issues raised the court subsequently ordered the Defense CS to issue a new gazette notice within two days, highlighting the clear terms of the deployment.
CS Aden Duale pledged to comply with the Court’s directive.
“The Government through the Ministry of Defense will comply with the court’s decision and issue a new gazette notice in due course,” said Duale.
He added, “We shall preserve peace and public safety and protect critical infrastructure of all the three arms of Government. The Government and KDF in particular will at all times respect the constitution and the law in Discharging its mandate.”
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