NAIROBI, Kenya — The High Court is set to deliver a ruling Thursday morning on the constitutionality of the government’s decision to deploy Kenya Defence Forces (KDF) soldiers to assist police in managing protests.
This decision comes in response to a petition filed by the Law Society of Kenya (LSK), which challenges the state’s authority to send military officers into the streets.
The controversy began on Tuesday evening when Defence Cabinet Secretary Aden Duale issued a gazette notice regarding the deployment.
The National Assembly swiftly approved this move on Wednesday morning, following violent protests the day before.
However, the LSK contends that the deployment lacks legal basis, as no official state of emergency, unrest, or instability has been declared in Kenya.
“We are aggrieved by the illegal and unconstitutional process which was adopted by the Cabinet Secretary in issuing and publishing the challenged gazette notice,” stated the LSK in their court documents.
They argue that the military, untrained in handling internal security issues involving civilians, is not suited for this role and that their presence could lead to significant violations of citizens’ rights.
The LSK’s petition underscores the potential threat to fundamental rights and freedoms of Kenyans who wish to exercise their right to peaceful protest.
The society maintains that the National Police Service is the appropriate body to manage internal security and civil demonstrations.
“The military poses a huge threat of violating fundamental rights and freedoms of many Kenyans who wish to exercise their right to peacefully protest within the confines of the constitution,” the LSK argued.
Justice Lawrence Mugambi has directed all involved parties to appear before him this morning for a brief hearing before he makes his ruling.
The outcome of this decision is anticipated with great interest, as it will set a significant precedent regarding the role of the military in civil matters and the protection of constitutional rights.
The government, however, defends its decision, citing the need to restore order following Tuesday’s protests.
The National Assembly’s approval indicates a legislative backing for the deployment, suggesting that the government views the situation as severe enough to warrant extraordinary measures.
