Legitimacy of Military Deployment to Handle Protests in Nairobi Questioned
Nairobi, Kenya – Questions have arisen regarding the legality of the government’s decision to deploy soldiers to manage protests in Nairobi. Defense Minister Aden Duale announced through a Government Gazette on Tuesday that the Kenya Defence Forces (KDF) were ordered to assist regular police in maintaining internal security.
This move has sparked strong reactions, with analysts arguing that deploying the military for police duties requires parliamentary approval. In response, the government submitted a request to Parliament on Wednesday, which was approved in under 30 minutes. However, critics maintain that the decision remains problematic.
Former Defense Minister Eugene Wamalwa opposed the directive, stating it violated the Constitution since it was issued without prior parliamentary approval. “This action breaches the Constitution because the required procedure was not followed before involving the military in civilian protests. I know this because I served as Defense Minister in the previous government,” Wamalwa told reporters at his Democratic Action Party of Kenya (DAP-K) headquarters in Nairobi.
According to Article 241(b) of the Constitution, KDF soldiers can assist or cooperate with other forces in dealing with emergencies only if a report is submitted to the National Assembly. This report should be thoroughly debated, allowing lawmakers to assess its appropriateness, the specific areas of deployment, and the duration of the operation.
Before Minister Duale issued the directive in the Government Gazette on Tuesday night, soldiers had already been deployed to protect parliamentary buildings that were attacked by protesters. Other soldiers were seen patrolling various streets in Nairobi, closely monitoring the security situation.
In the special Government Gazette notice, Duale stated that KDF officers were deployed to the city center after the unrest led to property damage and the invasion of key government buildings such as Parliament. “Pursuant to Article 241(3)(b) of the Constitution of Kenya read together with sections 31(1)(a), 31(1), 34(1), and 34(2) of the Kenya Defence Forces Act, KDF officers were deployed on June 25, 2024, to assist the National Police Service in addressing the security emergency caused by the ongoing protests across the country. These protests have resulted in damage and invasion of key government buildings,” Duale stated in the notice.
This is not the first time the military has been used to support police in maintaining internal security. Early last year, President William Ruto’s government involved KDF officers in an operation to tackle banditry in the Northern Rift Valley region. However, these officers operated under the direction of the National Police Service (NPS), which raised several questions.
Moreover, in 2008, the late President Mwai Kibaki’s government deployed soldiers in an operation against the Sabaot Land Defence Forces (SLDF) militia in the Mount Elgon area. The military successfully dismantled the group, which had been linked to the deaths of over 600 people and other atrocities such as rape.
