The Kenya Defence Forces (KDF) is at liberty to get back to the streets and deal with protesters if need be.
Defence Cabinet Secretary Soipan Tuya on Wednesday told the Senate that the gazette notice signed by her predecessor Aden Duale, deploying KDF to the streets on July 24, 2024, was still in force due to a pending court case.
This implies that President William Ruto, who is the Commander in Chief of the Armed Forces, can deploy KDF officers on civilians in case of a situation similar to that of the Gen Z protests witnessed last year, paralysing business in major towns.
“I would like to inform the Senate that the parameters for July 24, 2024 deployment of KDF officers are clear with two gazette notices issued by then Defence Cabinet Secretary Aden Duale still in force stating how KDF was to carry out its mandate with a court case on the matter still pending,” said Tuya.
Kitui Senator Enoch Wambua had asked Tuya to tell the House whether the gazette notice deploying KDF officers in the streets following the countrywide demonstrations opposing the enactment of the Finance Bill, 2024, was still in force or had been revoked.
Nairobi Senator Edwin Sifuna asked Tuya to tell the House what was wrong with an article published in the Sunday Nation quoting former Prime Minister Raila Odinga stating that he rescued the Kenya Kwanza administration from a military coup.
She insisted that the article was “inaccurate, baseless and reckless” although the newspaper was quoting the ODM leader, whose party joined the Ruto administration after the changes that followed the protests.
Kisumu Senator Tom Ojienda asked the Cabinet Secretary to clarify whether the KDF monitors the security situation within the country and indicate the state of preparedness to address potential instability or civilian unrest.
She said that while the primary responsibility for internal security lies with other agencies, such as the National Police Service and the National Intelligence Service, KDF may be deployed.
“Because KDF will majorly work in support of other security agencies, the force closely collaborates and regularly exchanges information with the relevant agencies to ensure that all parties remain informed with up to date situational awareness,” said Tuya.
Ojienda asked the CS the modalities for the involvement of KDF in internal security matters and how KDF balances the internal security needs and the sanctity of civilian lives.
She told the Senate that the Constitution requires the CS to furnish the National Assembly with reports on deployments, with details on the reason and the expenditure to be incurred.
Tuya said deployment is performed under the code of conduct and operational procedures on the regulation of the Defence Forces Support operations approved by the Defence Council as well as a joint operation plan and guidelines issued by the Chief of Defence Forces and the Inspector General of Police.
Tuya said that KDF is structured to ensure swift and effective response to both external and internal threats when the need arises.
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She told Senators that the KDF Act specifies that notifications be gazetted, while authorisation must be sought prior to deployment and mandatory reports furnished to the National Assembly for oversight and accountability.
The gazette notice announcing the deployment of KDF personnel was unprecedented, raising political, legal and constitutional questions.
Duale cited Article 241 of the Constitution and Sections 31,33 and 34 of the KDF Act, 2012, to defend the move.
