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Is the president allowed to call the KDF on protestors?

mwakili.com

The President of Kenya is not allowed to directly call the Kenya Defence Forces (KDF) on protestors. The KDF is a military force and its deployment is governed by the Constitution of Kenya and the Kenya Defence Forces Act.

1. The Constitution of Kenya

The Constitution of Kenya outlines the roles and responsibilities of the KDF. Article 241(1) states that the KDF is responsible for the defence of Kenya and its territorial integrity. The KDF can also be deployed for other purposes, such as assisting the police in maintaining law and order, but only under specific circumstances.

2. The Kenya Defence Forces Act

The Kenya Defence Forces Act further clarifies the circumstances under which the KDF can be deployed. Section 10 of the Act states that the KDF can be deployed to assist the police in maintaining law and order only if:

The President has declared a state of emergency under Article 240 of the Constitution.
The National Assembly has approved the deployment of the KDF.
The deployment is necessary to prevent a breakdown of law and order.

3. The Role of the Police

The primary responsibility for maintaining law and order in Kenya lies with the Kenya Police Service. The KDF can only be deployed to assist the police if the police are unable to handle the situation on their own.

4. The President's Powers

The President of Kenya has the power to declare a state of emergency, but this power is not absolute. The President must consult with the Cabinet and the National Security Council before declaring a state of emergency. The National Assembly must also approve the declaration of a state of emergency.

5. The Importance of Due Process

The deployment of the KDF is a serious matter that should only be undertaken as a last resort. The deployment of the KDF must be done in accordance with the law and with due regard for the rights of all citizens.

Conclusion

In conclusion, the President of Kenya is not allowed to directly call the KDF on protestors. The KDF can only be deployed to assist the police in maintaining law and order under specific circumstances outlined in the Constitution and the Kenya Defence Forces Act. The deployment of the KDF must be done in accordance with the law and with due regard for the rights of all citizens.

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