To All 47 Counties- CS Duale Lists New Rules For KDF Deployment

The CS referred to the Constitution and the High Court ruling which has since allowed the deployment of the armed forces, adding that the operation shall continue until normalcy is restored.

To All 47 Counties- CS Duale Lists New Rules For KDF Deployment
KDF officers on patrol in Nairobi CBD. /LARRY MADOWO

Defence Cabinet Secretary (CS) Aden Duale has issued new guidelines regarding the deployment of Kenya Defence Forces (KDF) soldiers to provide assistance to the police in quelling unrest as a result of the anti-Finance Bill protests.

In a Gazette notice released on Friday evening, June 28, Duale announced that the military forces will be deployed to all the 47 counties in the Republic of Kenya to support the National Police Service in securing key government infrastructures per the law.

The CS referred to the Constitution and the High Court ruling which has since allowed the deployment of the armed forces, adding that the operation shall continue until normalcy is restored.

CS Aden Duale speaking to graduates of Garissa University on June 20, 2024. /ADEN DUALE

"Further to the orders of the Court in High Court Constitutional and Human Rights Petition Number 307 of 2024, it is notified for the general information of the public that based on the prevailing threats to national security planned and orchestrated through various platforms in the cyberspace, the deployment will cover the Forty-Seven Counties within the Republic of Kenya where critical installations and infrastructure are located in order to assist the National Police Service to preserve life, preserve the internal security of the State, protect property as well as maintain law and order," the notice read in part.

"The terms of engagement for the deployment shall be the constitutional standards enshrined in the Bill of Rights, Articles 238 (1) and (2) of the Constitution of Kenya, 2010, statutory requirements and principles provided at sections 3, 8 (2), 34 (1), 34 (3) and 35 of the Kenya Defence Forces Act. The deployment shall continue until normalcy is restored."

The new gazette notice was published following the directives that were issued by Justice Lawrence Mugambi.

Earlier, the CS promised to comply with the High Court's decision promising to issue the gazette notice to that effect.

"The Government through the Ministry of Defence will comply with the court decision and issue a new gazette notice in due course," he said.

The CS further affirmed that the government will always respect the Constitution, adding that the KDF ensure peace, public safety and protection of critical infrastructure of all the three arms of Government.

On Thursday, Justice Mugambi ruled that even though the intervention was justified, it was clear that the public had not been fully appraised of the extent of the military involvement.

"Given the eruption and loss of control of police during the demonstrations, necessitating deployment of KDF which endangered life and property, the invocation of article 241(b) was properly invoked in the circumstances," he determined.

He agreed with the Law Society of Kenya that deploying KDF in such a blanket manner is a dangerous trend that can bring about the militarization of the country.

"This can potentially muzzle the civilian population from protesting to what it believes are unfair taxation policies imposed by the government and also put a wedge between military and civilian population," he cautioned.

KDF officers along Mombasa Road on June 27, 2024. /CITIZEN TV