Court allows KDF deployment to manage protesters

The High Court has declined to halt the deployment of Kenya Defence Forces (KDF) soldiers to assist police in quelling anti-budget protests. Instead, the court mandated that the government outline the duration and scope of the military deployment within 2 days.
“Continuation of military assistance is necessary in view of the need to preserve order and protect military infrastructure,” ruled Justice Lawrence Mugambi. This decision came in response to a petition filed by the Law Society of Kenya (LSK), which argued that the deployment should have been gazetted 24 hours after Parliament’s approval. The judge ordered the government to urgently gazette all terms of the military’s engagement within 2 days, dismissing the petitioners’ argument that the Ministry of Defence had not properly invoked Article 241 of the Constitution to necessitate military intervention.
LSK President Faith Odhiambo argued that the deployment of KDF in town is unconstitutional, insisting the procedure undertaken for approval was merely cosmetic. “What we are seeing is Parliament and the Executive treating us to a circus to cover up. We have never seen a scenario such as this since the 1982 coup,” she said.
The state, through the Office of the Attorney General, urged the court to dismiss the LSK’s pleas, pointing out that the government had followed the constitution and the petitioners had not provided evidence to support their argument.
The military was deployed on 25 June, 2024, after demonstrators stormed Parliament and set part of it on fire in protest against the Finance Bill 2024, which MPs had passed. Several protesters were shot, with many more injured or arrested.
In response, Defence Cabinet Secretary Aden Duale gazetted the military deployment on the President’s orders, sparking anger among Kenyans, LSK, civil society, and the Opposition Azimio Coalition.
The National Council of Churches of Kenya (NCCK) also voiced concerns about the deployment, warning it was akin to turning Kenya into a military state.
“The public was not fully appraised of the extent of the military intervention, hence the suspicion,” Justice Mugambi ruled, adding that he was satisfied the deployment was necessitated by the invasion of Parliament and the Supreme Court buildings, which house the Chief Justice’s office.
According to Judge Mugambi, although the constitution was not explicit on what constitutes an emergency situation, the events of 25 June presented a unique challenge. He stated that the invasion of Parliament and the Chief Justice’s office by allegedly peaceful protesters met the definition of a “serious, unprecedented, and potentially dangerous situation requiring immediate action.”
Meanwhile, a significantly lower turnout of demonstrators was witnessed in Nairobi’s Central Business District on Thursday during the anti-government protests, as security agents employed new tactics to deter protestors from accessing the area. Unlike the deadly clashes on Tuesday, which saw police and protestors opposed to the Finance Bill—since rejected by President Ruto—engage in violent confrontations, Thursday experienced relative calm. Security agents worked around the clock to prevent any form of gathering or idling in the CBD.
Protests were also reported in major towns in the country, including Mombasa, Kisumu, Eldoret, Kisii, and Nakuru, where dozens were arrested. Despite President William Ruto heeding their demands and declining to sign the Finance Bill, the demonstrators are now calling for him to leave office. The President has since sent the bill back to MPs in Parliament.
Courtesy