HIGH COURT UPHOLDS GAZETTE NOTICE ON KDF DEPLOYMENT
Yesterday high court ruling, Justice Lawrence Mugambi of the High Court ruled to uphold the deployment of military officers by CS Aden Duale to manage protest-related disturbances. The judge emphasized the critical role of the military in supporting law enforcement during periods of unrest, citing the need to safeguard public safety and protect essential infrastructure.
“In light of the eruption and loss of police control during the demonstrations, necessitating the deployment of KDF which posed risks to life and property, the invocation of article 241(b) was justified under the circumstances,” Justice Mugambi stated in his ruling.
Justice Mugambi acknowledged concerns raised by the Law Society of Kenya (LSK) regarding the lack of comprehensive public disclosure surrounding the extent and purpose of the military’s involvement. He criticised the deployment of the KDF without proper involvement of the parliament.
“To address public apprehensions and ensure transparency, I direct that the duration and specific areas of military engagement be gazetted within the next two days,” Justice Mugambi declared, aiming to reassure the populace that their rights will be respected throughout the military’s operational period.
During the proceedings, technical difficulties with the virtual platform necessitated the creation of multiple Zoom links, delaying the announcement of the ruling and highlighting the challenges of conducting hearings remotely amidst high public interest.
According to LSK’s arguments that the deployment lacked parliamentary approval as required by Article 241 of the constitution, Attorney General Emmanuel Bitta defended the government’s actions, cofirming that thge gazette otice by CS Aden Duale was necessary to address the looming threats to public security.
“In these circumstances, we must consider the potential consequences of halting the deployment. Will such an order effectively protect the right to life and property of our citizens?” Bitta questioned, he later urged the court to consider the deployment.
The judge’s decision underscored the delicate balance between ensuring public safety and upholding constitutional processes. By keeping the case file open to address any grievances related to rights violations during the military’s deployment, Justice Mugambi reaffirms the court’s commitment to oversight and accountability in executive actions.
While affirming the legitimacy of the military’s intervention under specific circumstances, the High Court’s ruling emphasizes the imperative of adherence to legal procedures and transparency in executive decisions impacting civil liberties and national security.
