Defence CS Aden Duale has issued directives for the deployment of Kenya Defence Forces (KDF) officers to restore calm during the anti-Finance Bill demonstrations. The High Court upheld Duale’s decision, with Justice Lawrence Mugambi emphasizing the necessity of military assistance to the police to preserve peace, ensure public safety, and protect critical infrastructure.
However, Justice Mugambi directed that the duration and areas of KDF engagement be officially gazetted within two days to alleviate public fears regarding potential threats to their liberties. In a gazette notice dated June 28, Duale announced that KDF officers would be deployed across all 47 counties to assist the National Police Service in maintaining law and order.
“Given the prevailing threats to national security planned and orchestrated through various platforms in cyberspace, the deployment will cover the 47 counties within the country where critical installations and infrastructure are located,” the notice stated. The KDF’s engagement will be governed by constitutional standards enshrined in the Bill of Rights, Articles 238(1) and (2) of the Constitution of Kenya, 2010, and statutory requirements outlined in the Kenya Defence Forces Act.
Duale added that the KDF deployment would continue until normalcy is restored. He had previously promised to comply with the High Court’s decision and issue the gazette notice accordingly, affirming the government’s commitment to respecting the Constitution.
Justice Mugambi acknowledged that the intervention was justified due to the eruption and loss of police control during the demonstrations, which endangered life and property. He agreed with the Law Society of Kenya that deploying KDF in a blanket manner could be dangerous, potentially leading to the militarization of the country and stifling civilian protests against what they believe are unfair taxation policies.
“This can potentially muzzle the civilian population from protesting and also put a wedge between the military and civilian population,” Justice Mugambi cautioned.
