Maraga Pins Down KDF In Reaction To BBC 'Blood Parliament' Exposé

Former Chief Justice David Maraga has hinted that the Kenya Defence Forces (KDF) broke the law in the Constitution of Kenya when the officers were deployed during the June 25 anti-government protests in Nairobi.

Maraga, on Monday, April 28, issued a powerful statement in response to the BBC Africa documentary released just 24 hours earlier, which exposed the brutal crackdown by authorities on peaceful protesters during the anti-Finance Bill demonstrations on June 25, 2024.

Maraga said the Blood Parliament documentary "should prick the conscience of every Kenyan," condemning the blatant violation of the constitutional right to picket.

"The disproportionate use of force against the youth last June is yet another reminder of the urgent need for IPOA and other investigative agencies such as the Internal Affairs Unit (IAU) to carry out their mandates expeditiously," he stated on X.

Maraga revealed that the KDF may have committed a serious breach of Article 241(3)(c) of the Constitution by allegedly participating in suppressing civilians. This article strictly limits the KDF’s involvement in civilian affairs to clear emergencies, and only with full transparency and parliamentary oversight.

His remarks come as the 37-minute documentary identified a KDF officer as being involved in the shooting of peaceful protesters, a matter which has sparked widespread uproar and put immense pressure on the country's most respected military force.

"If confirmed, the alleged participation of the Kenya Defence Forces (KDF) in suppressing civilians would be a grave violation of Article 241(3)(c) of the Constitution, which strictly limits KDF deployment in civilian matters to clear emergencies, with full transparency and accountability to Parliament," he continued.

"Those behind this violence, violation of the Constitution and the rule of law are reminded that although the wheels of justice may grind slowly, we will eventually have a leadership that will hold them accountable for their actions."

Still, Maraga commended the brave journalists and young Kenyans who used their phones, their cameras, and their courage to capture the truth second-by-second, publishing over 5,000 images and videos that were crucial in the BBC's efforts to piece together the documentary exposing "what the powers that be tried to bury".

"In a time when we cannot trust the words of this administration, it is citizen action and fearless journalism that ensure the truth is not erased. We deserve a Kenya where fidelity to the Constitution is the order of the day and the rule of law is respected," he added.

The documentary, which has crossed the 1 million views mark on YouTube by the time of going to press, it was alleged that, other than the police officers tasked with maintaining law and order, other shooters, likely from the KDF — mainly the Kenya Army — were also involved in the Gen Z protests.

The BBC stated that it tracked the killing of dozens of Kenyan youths through digital evidence. One major detail they pointed out was that one shooter during the Parliament chaos was dressed differently from all the plainclothes cops, hinting he might not have been part of the police forces.

"In the video of the officer shouting, 'uaa!', the shooter's back was to the camera. But the BBC compared his body armour, riot shield, and headgear with those of every police officer at the scene. In his case, he had an upturned neck guard. We matched his distinctive uniform to an officer in a video recorded seconds later. There, he made sure to hide his face before firing into the crowd. We do not know his name," BBC reported in part.

It was alleged that one of the shooters involved in the parliamentary incident was an officer later linked to the Central Police Station in Nairobi. However, attempts to locate the officer at the station were unsuccessful, raising concerns about his actual deployment and assignment.

Efforts to obtain comments from both the National Police Service (NPS) and the Central Police Station regarding the officer’s conduct were also unsuccessful. The NPS stated that investigations into police conduct fall exclusively under the mandate of the Independent Policing Oversight Authority (IPOA) and emphasised that it could not investigate itself.

In response to allegations that KDF officers were involved in the shootings, the KDF denied the claims, maintaining that it is a professional and neutral institution, despite the BBC revealing irrefutable evidence that one of its officers in uniform was at the centre of the shootings.

On that June 25, Cabinet Secretary (CS) Aden Duale, then at Defence, announced that KDF officers would be deployed to assist the police in managing the unrest. In a gazette notice, he explained that the move was prompted by protesters targeting critical infrastructure, which he said posed a serious threat to national security.

"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.

Yet to watch it? Here is the full documentary below: