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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 National Police Service, and the Judiciary.
Table of Contents
The Role of the KDF
The Role of the National Police Service
The Role of the Judiciary
The Legal Framework for Deployment of the KDF
The Recent Deployment of the KDF Against Protestors
Conclusion
1. The Role of the KDF
The KDF is primarily responsible for the defense of Kenya from external aggression. The Constitution of Kenya, 2010, Article 241(1) states that the KDF is "the armed forces of the Republic." The KDF is also responsible for assisting the National Police Service in maintaining internal security, but only in exceptional circumstances.
2. The Role of the National Police Service
The National Police Service is responsible for maintaining law and order within Kenya. The Constitution of Kenya, 2010, Article 240(1) states that the National Police Service is "the primary security organ of the State." The National Police Service is responsible for preventing and detecting crime, apprehending criminals, and enforcing the law.
3. The Role of the Judiciary
The Judiciary is responsible for interpreting and applying the law. The Constitution of Kenya, 2010, Article 159(1) states that the Judiciary is "the guardian of the Constitution and the rule of law." The Judiciary is responsible for ensuring that the actions of the government and other institutions are consistent with the Constitution and the law.
4. The Legal Framework for Deployment of the KDF
The legal framework for the deployment of the KDF is governed by the Constitution of Kenya, 2010, the National Security Act, 2012, and the Kenya Defence Forces Act, 2012.
The Constitution of Kenya, 2010
The Constitution of Kenya, 2010, Article 241(2) states that the KDF may be deployed to assist the National Police Service in maintaining internal security "in exceptional circumstances." The Constitution also requires that the deployment of the KDF be authorized by Parliament.
The National Security Act, 2012
The National Security Act, 2012, Section 10, provides for the deployment of the KDF to assist the National Police Service in maintaining internal security in the event of a "national security emergency." The Act defines a "national security emergency" as a situation that "threatens the security of the State or the lives and property of its citizens."
The Kenya Defence Forces Act, 2012
The Kenya Defence Forces Act, 2012, Section 11, provides for the deployment of the KDF to assist the National Police Service in maintaining internal security in the event of a "public emergency." The Act defines a "public emergency" as a situation that "threatens the public peace, order, or safety."
5. The Recent Deployment of the KDF Against Protestors
In June 2024, the Kenyan government deployed the KDF to quell protests against the Finance Bill 2024. The deployment of the KDF was authorized by Parliament, but it was subsequently challenged in court. The High Court of Kenya upheld the deployment of the KDF, but the Court of Appeal later overturned the High Court's decision.
The High Court's Decision
The High Court of Kenya upheld the deployment of the KDF on the grounds that it was necessary to maintain order and prevent violence. The Court found that the protests had become violent and that the National Police Service was unable to control the situation.
The Court of Appeal's Decision
The Court of Appeal overturned the High Court's decision on the grounds that the deployment of the KDF was not justified. The Court found that the protests were not a "national security emergency" or a "public emergency" and that the deployment of the KDF was an excessive use of force.
6. Conclusion
The deployment of the KDF against protestors is a complex legal issue in Kenya. The Constitution of Kenya, 2010, outlines the roles and responsibilities of the KDF, the National Police Service, and the Judiciary. The legal framework for the deployment of the KDF is governed by the Constitution of Kenya, 2010, the National Security Act, 2012, and the Kenya Defence Forces Act, 2012. The recent deployment of the KDF against protestors was challenged in court, and the Court of Appeal ultimately overturned the High Court's decision.
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In conclusion, the deployment of the KDF against protestors is a complex legal issue in Kenya. The Constitution of Kenya, 2010, outlines the roles and responsibilities of the KDF, the National Police Service, and the Judiciary. The legal framework for the deployment of the KDF is governed by the Constitution of Kenya, 2010, the National Security Act, 2012, and the Kenya Defence Forces Act, 2012. The recent deployment of the KDF against protestors was challenged in court, and the Court of Appeal ultimately overturned the High Court's decision.
Answered by mwakili.com