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Is the president allowed to call the KDF on protestors?

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Introduction
The Constitution of Kenya, 2010 2.1. The Role of the Kenya Defence Forces (KDF) 2.2. The President's Powers 2.3. The Right to Peaceful Assembly and Demonstration
The National Security Act, 2014
Conclusion

Introduction

This response will address the question of whether the President of Kenya is allowed to deploy the Kenya Defence Forces (KDF) against protestors, drawing upon the relevant provisions of the Constitution of Kenya, 2010 and the National Security Act, 2014.

The Constitution of Kenya, 2010

2.1. The Role of the Kenya Defence Forces (KDF)

The Constitution of Kenya, 2010 outlines the role of the KDF in Article 241. It states that the KDF is responsible for the defence of Kenya from external aggression and for the preservation of its territorial integrity. The KDF is also responsible for assisting the civil authorities in maintaining law and order, but only when called upon to do so by the President.

Article 241(1): "The Kenya Defence Forces shall be the armed forces of Kenya and shall be responsible for the defence of Kenya from external aggression and for the preservation of its territorial integrity."
Article 241(2): "The Kenya Defence Forces may, when called upon to do so by the President, assist the civil authorities in maintaining law and order."

2.2. The President's Powers

The President of Kenya has the power to deploy the KDF to assist the civil authorities in maintaining law and order, as per Article 241(2) of the Constitution. However, this power is not absolute and is subject to certain limitations.

Article 137(1): "The President is the Head of State and Government and the Commander-in-Chief of the Defence Forces."
Article 137(2): "The President shall exercise the executive authority of the Republic in accordance with this Constitution."

2.3. The Right to Peaceful Assembly and Demonstration

The Constitution of Kenya guarantees the right to peaceful assembly and demonstration in Article 37. This right is fundamental and cannot be arbitrarily restricted.

Article 37(1): "Every person has the right to assemble peacefully and without arms and to demonstrate peacefully."
Article 37(2): "The right to assemble peacefully and to demonstrate peacefully shall not be subject to any restriction other than those that are demonstrably justifiable in a free and democratic society."

The National Security Act, 2014

The National Security Act, 2014 provides further guidance on the deployment of the KDF in situations of internal security threats. Section 10 of the Act allows the President to deploy the KDF to assist the civil authorities in maintaining law and order in situations where there is a threat to national security. However, the Act also emphasizes the need for proportionality and the avoidance of excessive force.

Section 10(1): "The President may, in consultation with the Cabinet, deploy the Kenya Defence Forces to assist the civil authorities in maintaining law and order in any part of Kenya where there is a threat to national security."
Section 10(2): "The deployment of the Kenya Defence Forces under subsection (1) shall be proportionate to the threat to national security and shall be carried out in a manner that minimizes the use of force."

Conclusion

In conclusion, while the President of Kenya has the power to deploy the KDF to assist the civil authorities in maintaining law and order, this power is not absolute and is subject to limitations. The deployment of the KDF must be proportionate to the threat to national security and must be carried out in a manner that minimizes the use of force. The right to peaceful assembly and demonstration is a fundamental right that must be respected, and any restrictions on this right must be demonstrably justifiable in a free and democratic society.