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LSK obtains orders barring security agencies from abducting protesters

Law Society of Kenya (LSK) President Faith Odhiambo addresses press at a past function, flanked by heads of human rights organisations. (Photo: LSK)

By Mary Wambui | Wednesday, June 26, 2024

The society filed the suit following a spate of abductions of persons supporting the protests on their social media accounts.

The Law Society of Kenya has obtained orders barring security agencies including the police and intelligence officials, their agents or employees from arresting and holding incommunicado peaceful protesters.

The order issued by Justice E. C. Mwita on Wednesday was addressed to security agencies, including the National Police Service and the National Intelligence Service both of whom have been blamed for the spate of abductions melted against popular social media users across the country.

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The matter will be heard on Thursday when further directions will be issued.

The society filed the suit following a spate of abductions of persons supporting the protests on their social media accounts, some of whom were later released near forested areas, according to their confessions.

In her statement on Wednesday, LSK President Faith Odhiambo further confirmed that the society had also sued the Defence Cabinet Secretary and Defence Council for the decision to deploy military officers to assist police officers in containing the ongoing protests.

On Tuesday, Defence Cabinet Secretary Aden Duale declared that the country was undergoing a "security emergency" caused by the ongoing protests in various parts of the country that had resulted in the destruction and breaching of critical infrastructure.

The notice had said the deployment would begin Tuesday and continue indefinitely.

LSK termed the decision as unconstitutional as such a move requires the approval of the National Assembly.

In an interesting turn of events, however, the National Assembly speedily approved the request on Wednesday morning against the wishes of legislators allied to the opposition.

"Without media, without most members, without proper debate, in a record 30 minutes, National Assembly has just made Kenya a military state; authorising deployment of KDF without indicating where, why or for what period and did so retrospectively Contra A 241(3)(c). God Bless Us!" Rarieda MP Otiende Amollo said.

On its part, LSK said the deed is illegal having been approved post facto.

"Article 241(3)(b) of the constitution which has been cited by CD Defence in his gazette notice allows the KDF to be deployed to assist other authorities in case of an emergency or National disaster. No state of emergency has been declared. And there is no National disaster," said Odhiambo.

She added that as passed, the notice placed all areas in Kenya under the watch of the military.

"We note that the deployment is indefinite; the number and rankings of the military personnel to be involved in indeterminate and the Terms of Reference are also vague," she added.

The society also questioned whether the deployment had been approved by the Defence Council as required by section 20(1) of the Kenya Defence Forces Act.

"In addition, the proposed deployment does not comply with sections 35(9)of the Kenya Defence Forces Act which requires the military officers involved to be trained appropriately prior to such deployment," she added.