Ask a lawyer:
Can KDF be deployed against protestors after MPs allow it then a court order blocks it?
The deployment of the Kenya Defence Forces (KDF) against protestors is a complex legal issue in Kenya. The Constitution of Kenya, 2010, outlines the roles and responsibilities of the KDF, the police, and the judiciary.
Table of Contents
The Role of the KDF
The Role of the Police
The Role of the Judiciary
The Legal Framework for KDF Deployment
The Case of the Finance Bill Protests
Conclusion
1. The Role of the KDF
The KDF is primarily responsible for defending Kenya from external aggression and for maintaining the security of the country. (Source: The Constitution of Kenya, 2010 ↗)
2. The Role of the Police
The police are responsible for maintaining law and order within Kenya. (Source: The Constitution of Kenya, 2010 ↗)
3. The Role of the Judiciary
The judiciary is responsible for interpreting the law and ensuring that it is applied fairly. (Source: The Constitution of Kenya, 2010 ↗)
4. The Legal Framework for KDF Deployment
The deployment of the KDF within Kenya is governed by the National Security Council Act, 2012. This Act outlines the circumstances under which the KDF can be deployed, including:
To assist the police in maintaining law and order
To quell civil unrest
To protect essential infrastructure
The Act also requires that the deployment of the KDF be approved by the National Assembly. (Source: The National Security Council Act, 2012 ↗)
5. The Case of the Finance Bill Protests
In June 2024, the Kenyan government faced widespread protests against the Finance Bill 2024. The protests turned violent in some areas, leading to the deployment of the police. The government then sought to deploy the KDF to quell the unrest. (Source: The Star ↗, Nation ↗)
The National Assembly approved the deployment of the KDF. However, the Law Society of Kenya (LSK) challenged the deployment in court, arguing that it was illegal. The High Court issued orders barring the deployment of the KDF. (Source: Nairobi Law Monthly ↗, Citizen Digital ↗)
6. Conclusion
The deployment of the KDF against protestors is a complex legal issue in Kenya. The Constitution, the National Security Council Act, and the decisions of the judiciary all play a role in determining the legality of such deployments. In the case of the Finance Bill protests, the High Court ultimately blocked the deployment of the KDF, highlighting the importance of judicial oversight in such matters.
It is important to note that the deployment of the KDF against protestors is a sensitive issue that should be approached with caution. The use of force should always be a last resort, and it should be proportionate to the threat posed. The government should also ensure that any deployment of the KDF is in accordance with the law and that it respects the rights of all citizens.
Answered by mwakili.com