Instance Ruto Is Allowed To Fully Use KDF

President William Ruto is under pressure from a section of Members of Parliament (MP) to replace the joint operation between the Kenya Defence Forces (KDF) and National Police Service (NPS) with a full operation of the former.

On Wednesday, March 8, 20 MPs drawn from; Turkana, West Pokot, Baringo, Samburu, Elgeyo Marakwet, Nandi and Uasin Gishu Counties led by senators Samson Cherargei and Jackson Mandago from Nandi and Uasin Gishu counties respectively hit out at President Ruto's government for how it was dealing with the bandit attacks in the country.

Terming the bandit issue an extraordinary one, the MPs asked the President to invoke Article 241(3) of the Kenyan Constitution which would allow for the military to fully take over the operation.

President William Ruto speaking at State House, Nakuru on February 13, 2023. /WILLIAM RUTO

“Mr President, it is no longer business as usual, as parliament, we are ready to approve KDF deployment anytime. That is the only way peace can be restored to enable the reopening of schools and other infrastructure,” Cherargei pleaded with the President.

According to Article 241(3) of the Constitution, the Defence Forces are responsible for the defence and protection of the sovereignty and territorial integrity of the Republic.

They shall assist and cooperate with other authorities in situations of emergency or disaster, and report to the National Assembly whenever deployed in such circumstances. In addition, the defence forces may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly.

It is worth it to note that in 2015, the Parliament faced the risk of losing its powers to have a say in internal military deployment, through proposed amendments to the Statute Law Miscellaneous (Amendment) Bill 2014 which sought to delete sections of Article 241(3), which provides for the procedure for local military deployment, essentially diluting the input of the National Assembly in case the Government wants to use the military internally. 

While the Kenya Defence Forces Act is clear that under the above circumstances, the National Assembly can only be informed whenever there is internal deployment to assist in an emergency or disaster, the provisions of the Constitution are specific when it comes to deployment of the military internally to restore peace since the latter requires the express authority of Parliament.

This means that the Government through the Cabinet Secretary for Defence will only be required to merely gazette the start of the operation and de-gazette the end of the exercise without necessarily seeking MPs' approval in what was seen as part of the Government’s strategy to cut down military deployment bureaucracy and scale up the use of the military to combat run-away crime in the country.

In this case, the joint operation between the KDF and NPS attracted opposition, however, Interior Cabinet Secretary (CS) Kithure Kindiki stated that there was no need to have prior approval of Parliament before deploying the military to banditry-hit counties.

This is because the military will operate under the NPS, which will be the lead team in the operation. The military will only render assistance.

On Tuesday, March 7, two medics were killed by bandits in Elgeyo Marakwet which caused an uproar from communities urging the government to move with speed and arrest the situation.

The request to have KDF take over was made at a time when Samburu residents complained that the joint KDF-Police operation had left them more vulnerable.

“Since the operation kicked in we cannot sleep, we are also being attacked and killed every day,” Reverend Simon Lemarimbe from Malaso, Samburu County complained.

President Ruto on Monday, February 13 ordered a joint security operation between the NPS and the KDF in banditry-prone areas in a bid to tame the rampant insecurity in the North Rift region, an operation which is ongoing in parts of Samburu, Laikipia counties Turkana, West Pokot, Elgeyo Marakwet, Baringo, and Samburu Counties.