LSK gives Govt 3-day ultimatum over illegal KDF deployment

The Law Society of Kenya (LSK) is mulling moving to court over the deployment of the Kenya Defence Forces (KDF) to the war-torn Northern Kenya, which they say is unconstitutional.



While admitting that its the responsibility of the government to use all possible arsenals to restore peace in the nation, they have faulted the sending of the troops without National Assembly approval.



Giving a three day ultimatum, LSK President Eric Theuri asked the government to rescind the decision of sending the KDF troops to Northern Kenya until they receive a nod from the National Assembly.



“In the event, no action is taken within the next three days, we shall regrettably move to court to have the gazette notices quashed and seek to have the government compelled to comply with the law,” Theuri said.



In a letter addressed to Interior Cabinet Secretary Kithure Kindiki they termed the deployment as a violation of the 2010 constitution.



He pointed Article 241(3) of the constitution which stipulates that KDF troops may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly.



“Even as the government takes measures to restore peace and security in the areas mentioned above, it cannot employ extra-constitutional means,” he said.



“Therefore, it is fully within the remit of Article 241(3) (c) of the Constitution,” Theuri added.



LSK mentioned that the operation in the six counties of Turkana, Elgeyo Marakwet, Samburu, Baringo, Pokot and Laikipia was not an emergency.



Theuri raised issues with CS Kindiki administration of the KDF troops saying it was the responsibility of the Chief of Defence Forces Robert Kibochi.



“Its is only the Chief of Defence Forces who shall have responsibility over administration,control and overall superintendence of the operation,”said Theuri.



KDF DEPLOYMENT



On Monday, President William Ruto announced the start of a major operation to mop up illegal arms in the North Rift region beginning Tuesday.



Ruto said the security operation will be conducted by a multi-agency security team including officers drawn from the Kenya Defence Forces (KDF).



The Head of State who spoke in Nakuru said he had instructed Defense CS Aden Duale and his Interior counterpart Kithure Kindiki to draw a joint strategy.



He said the operation will seek to end banditry that has rocked parts of the country including the Kerio Valley Belt.



President Ruto further announced a three-day amnesty period for the bandits and anyone with illegal arms to surrender their weapons or face the full force of the law.



“We have said from tomorrow, everybody who is in possession of an unlicensed firearm, that is not government issued, they must surrender in three days,” he said.



The Head of State said that the security agencies will pitch camp in the area until order is restored in the restive North.



“We will not leave that area until every illegal gun has been returned, Until all children have gone to school, and until we have stopped this menace,” he added.



This is the first time that President Ruto has considered activating the KDF in the fight against bandits who have continued to wreak havoc in parts of the country.



The directive comes a day after President Ruto reiterated the government’s commitment to stamp out banditry in the country.



BANDITRY KILLINGS



Ruto said that his administration will do everything in its power to rid the region of bandits who continue to wreak havoc in the country with the latest incident being the killing of four people, including three police officers, in Turkana.



The Head of State said that his administration will step up its efforts to restore peace in the region that has suffered the brunt of frequent banditry attacks and cattle rustling.



“We have put in place measures to ensure that we deal decisively with the few individuals who continue to test our resolve by terrorizing the country so that we safeguard the lives of Kenyans,” Ruto said during a public engagement in Nakuru.



At least 11 people, including eight police and a local chief, were killed by cattle rustlers in September in northern Turkana county.



In November 2012, more than 40 policemen were killed in an ambush as they pursued cattle thieves in Baragoi, a remote district in Kenya’s arid north.



And in August 2019, at least 12 people, including three children, were killed in two attacks in northern Kenya by cattle rustlers.



Kenya, the most dynamic economy in East Africa, is in the grip of the worst drought in four decades after five failed rainy seasons wiped out livestock and crops.



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