The Independent Policing Oversight Authority has sharply criticized the Kenyan government’s recent actions, particularly with regard to the deployment of the Kenya Defence Forces during the recent protests led by youths against the Finance Bill, 2024.
The IPOA, in a newly released report, terms this military intervention as illegal and a ploy intended to camouflage police excesses and quench the dissent.
“The deployment of KDF was a calculated move to intimidate and muzzle the dissenters from government policies,” said IPOA chairperson, Dr. Grace Njeri, during a press briefing.
“It was not only procedurally defective but also meant to strike terror into our people and to create a militarized state, which essentially negates our democratic tenets.”
The report reveals that the KDF deployment was characterized by serious legal and procedural deficiencies.
According to IPOA, there was no formal notification to the National Assembly, as required by law, and no adequate explanation was accorded to the circumstances that supposedly necessitated the military’s intervention.
“The lack of notification to the National Assembly and lack of clear justification for the deployment violates our legal framework,” Dr. Njeri underscored.
IPOA also faulted the government for failing to stipulate clear operation objectives of the military deployment.
“The deployment was rushed, and there were no well-set terms of reference,” observed Dr. Njeri. “This ambiguity gave room for overstepping by the military, interfering with civilian affairs, and clinically risking the country’s stability.”
According to the report by IPOA, despite the court challenge on the legality of the KDF deployment, there was still an outstanding concern about the legality of the action undertaken.
The watchdog insists that therein lies a risk in the indefinite, ill-defined mandate of the military, which might culminate in more erosion of civilian governance and set a dangerous precedent for actions by the government in the coming years.
“And even after deployment, terms of reference had not been defined. Hence, when the terms of reference are silent, it could easily lead the country to a militarized state,” the report warns while underlining adherence to legal norms and democratic oversight in all state actions.
