The Kenyan National Assembly is set to debate the approval of deploying the Kenya Defence Forces (KDF) in support of the National Police Service, according to the parliamentary order paper for Wednesday, June 26, 2024.
This move comes amid growing concerns over constitutional propriety, as Defence Cabinet Secretary Aden Duale has already gazetted and deployed military personnel across the country.
The Leader of the Majority Party is expected to present a motion seeking the House’s approval for the KDF deployment “in various parts of the Republic of Kenya affected by ongoing violent protests that have caused destruction to critical infrastructure until normalcy is restored.” The motion cites Article 241(3)(c) of the Constitution and sections 31(1)(b), 31(1)(c) and 32 of the Kenya Defence Forces Act as the legal basis for this action.
However, the pre-emptive deployment by CS Duale has raised questions about potential constitutional neglect. Legal experts argue that parliamentary approval should have been sought before any military deployment for domestic purposes.
This sequence of events challenges the principle of legislative oversight enshrined in our constitution.
The parliamentary session will also address other matters, including a procedural motion to alter the House calendar. The Leader of the Majority Party will propose that the House “commence its short recess from today, Wednesday, 26th June 2024 upon adjournment of the Morning Sitting; and resume its Regular Sittings for the Second Part of the Session on Tuesday, 23rd July 2024.”
This debate comes at a crucial time for Kenya, as the country grapples with violent protests that have reportedly caused significant damage to infrastructure and deaths.
The outcome of this parliamentary session could have far-reaching implications for both national security and the balance of power between the executive and legislative branches of government.
