Amid yesterday’s anti-finance bill protests in Nairobi and other parts of Kenya, the Kenya Defence Forces (KDF) were deployed to take charge of the situation following an order from Defence Cabinet Secretary Aden Duale and a decision by the National Assembly today.
This move came after President William Ruto’s speech last night, in which he referred to the protesters as “criminals” and described their actions as “treasonous.”
The deployment of the KDF has sparked significant controversy as it is considered unconstitutional. The KDF is mandated to handle external threats and not domestic issues, especially those involving unarmed and peaceful protesters. This use of military force has raised alarms among civil society groups and legal experts.
In response, the Law Society of Kenya (LSK) has taken legal action against Defence CS Aden Duale and the National Assembly. The LSK argues that the deployment of the KDF in this instance is a clear violation of the constitution and an overreach of military power. They have filed a lawsuit urging the court to suspend the decision to deploy the KDF pending a full hearing and determination of the matter.
The LSK’s lawsuit highlights several key issues. Firstly, the deployment of the KDF for domestic law enforcement purposes is seen as unconstitutional. The KDF’s primary role is to defend the country against external threats, not to manage internal protests, particularly when they are peaceful and unarmed.
Secondly, the use of military force against peaceful protesters is a severe violation of the rights to peaceful assembly and free expression. The protesters were exercising their democratic rights, and the response by deploying the KDF is seen as an attempt to intimidate and suppress dissent.
Additionally, the lawsuit raises concerns about the legal precedents and protocols that were bypassed in making this decision. Typically, the deployment of military forces within the country requires a thorough legal process and should only be considered in extreme circumstances, none of which were present in this situation.
The LSK is calling for a judicial review of the decision, urging the court to examine the legality and constitutionality of deploying the KDF. They are seeking an immediate suspension of the deployment order to prevent further escalation and potential harm to peaceful protesters.
