This is after the Law Society of Kenya (LSK) moved to court seeking an order to stop the process of deploying the military.
LSK led by President Faith Odhiambo, urged the court to suspend the decision to deploy the military until the case brought before the court is heard and determined.
The Society had filed a petition against Defence Cabinet Secretary Aden Duale and the National Assembly, accusing the two parties of contravening the law by deploying the military against the law.The directive comes against the backdrop of Defence Cabinet Secretary Aden Duale’s announcement on the deployment of the KDF officers.
In a gazette notice dated June 25, the CS announced the deployment of the military to help police stop demonstrators from invading critical infrastructure.
According to CS Duale, the Tuesday protests resulted in a security emergency that needed the intervention of the Kenya Defence Forces (KDF).
“Under Article 241 (3) (b) of the Constitution of Kenya as read with sections 31 (1) (a), 31 (1) (c), 33 (1), 34 (1) and 34 (2) of the Kenya Defence Forces Act, (Cap. 199), the Kenya Defence Forces is deployed on the 25th June, 2024 in support of the National Police Service,” read part of the gazette notice.
“This is in response to the security emergency caused by the ongoing violent protests in various parts of the republic of Kenya resulting in destruction and breaching of critical infrastructure.”
In the petition filed in court, the National Assembly speaker Moses Wetangula was accused of ratifying the deployment. Wetangula reportedly convened a special meeting with a section of legislators to approve the deployment.
According to Rarieda Member of Parliament Otiende Amollo, the ratification of the deployment was concluded in a record 30 minutes.”Without media, without most members, without proper debate, in a record 30mins, the national assembly has just made Kenya a military state; authorizing the deployment of KDF,” Otiende Amollo disclosed.
