Court set to decide whether to block deployment of KDF
LSK president Faith Odhiambo (inset) argues there is no state of emergency or critical security situation in the country to justify deployment of KDF.
What you need to know:
- The High Court will this afternoon decide whether to block deployment of military amid protests.
- Justice Lawrence Mugambi said he will give a ruling at 3pm.
The High Court will this afternoon decide whether it will block deployment of the military to assist the police in controlling protesters.
In a petition filed by the Law Society of Kenya (LSK), the lobby challenged the gazette notice published by Defence Cabinet Secretary Aden Duale deploying the Kenya Defence Forces (KDF) to assist the police in suppressing violent protests in various parts of the country.
The government, through the Attorney-General Justin Muturi, defended the deployment on grounds that the law was followed in the publication of the gazette notice, but the LSK disagrees.
LSK has argued that deployment of the military sends an alarming and chilling message to Kenyans who would otherwise have wished to hold peaceful protests.
The lawyers’ body argues that the country may be receding into a police state, or that the government is at war with its people.
LSK president Faith Odhiambo submitted that there was no state of emergency or critical security situation in the country to justify deployment of KDF, adding that regular police can deal with the situation as they are trained to deal with civilians.
She further said the gazette notice should have been published 24 hours after approval by Parliament but in the current case, MPs' approval was sought after the notice had been published.
Through lawyer Emmanuel Bita, the government said that the LSK is not claiming any violation of the Bill of Rights. He further said the LSK cannot authoritatively comment on matters of security.
Justice Lawrence Mugambi said he will give a ruling at 3pm.
Meanwhile, three MPs have sought to join the matter and give their input in the case.
Suba South MP John Mbadi, Dr James Nyikal (Seme) and Wilberforce Ojiambo (Funyula) informed the court that they are in a position to assist the court in the matter. Through advocate Kevin Wakwaya, the MPs said they have knowledge on whether the gazette notice and deployment was done in accordance with the law.
Mr Bita opposed the application saying they have not complied with the rules on applications for joinder.
“A party making such an application (to join a case) must demonstrate what specific prejudice they will suffer if they are not allowed to join the proceedings,” he said.
