The High Court has declined to halt the deployment of Kenya Defence Forces (KDF) soldiers to assist police in quelling anti-budget protests.
However, Justice Lawrence Mugambi ruled that the government should outline the duration and scope of the military deployment within two days.
“Continuation of military assistance is necessary in view of the need to preserve order and protect military infrastructure,” he said.
This is after the Law Society of Kenya (LSK) filed a petition arguing that the deployment should have been gazetted 24 hours after Parliament’s approval.
The judge ordered the government to urgently gazette all terms of the military’s engagement within two days, dismissing the petitioners’ argument that the Ministry of Defence had not properly invoked Article 241 of the Constitution to necessitate military intervention.
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LSK President Faith Odhiambo argued that the deployment of KDF in town is unconstitutional, insisting that the approval procedure was merely cosmetic.
“What we are seeing is Parliament and the Executive treating us to a circus to cover up. We have never seen a scenario such as this since the 1982 coup,” she said.
Through the Office of the Attorney General, the government urged the court to dismiss the LSK’s pleas, pointing out that the government had followed the constitution and the petitioners had not provided evidence to support their argument.
The military was deployed on June 25, 2024, after demonstrators stormed Parliament and set part of it on fire in protest against the Finance Bill 2024, which MPs had passed.
Several protesters were shot, with many more injured or arrested.
In response, Defence Cabinet Secretary Aden Duale gazetted the military deployment on the President’s orders, sparking anger among Kenyans, LSK, civil society, and the Opposition Azimio Coalition.
