IPOA claims KDF deployment during demos was cover-up for police misconduct

The Independent Policing Oversight Authority (IPOA) has slammed the Kenyan government's decision to deploy the Kenya Defence Forces (KDF) during recent youth-led protests, labelling it as a strategic manoeuvre to mask police abuses.

IPOA's latest report reveals that the military presence was not just unlawful but a deliberate effort to suppress dissent and create a militarized state.

The authority maintains that the deployment of KDF during the anti-Finance Bill, 2024 protests was unlawful and procedurally flawed.

The police watchdog argues that the military presence was used to intimidate dissenting voices and suppress public demonstrations.

IPOA highlights that although the legality of the KDF's deployment was contested in court, significant concerns about the legality of the decision remain unresolved.

The report notes that there was no proper notification to the National Assembly, as required by law, and no explanation was provided for the circumstances that necessitated the deployment.

"The issues in the case were related to the manner of deployment at that time. There had been no notification to the National Assembly as required by the law, and, as such, there was no explanation of the circumstances warranting the deployment of the KDF," the report states.

IPOA criticised the hasty and open-ended deployment of soldiers, which lacked clear operational objectives.

This, IPOA argues, allowed the military to interfere with civilian politics and challenge executive decisions.

Kenya Defence Forces (KDF) officers patrolling Moi Avenue in Nairobi ahead of the planned demos on June 27, 2024. (Photo: Handout)

"And even after the deployment, the 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 adds.

Clarity questioned

The report also questions the clarity of the emergency and disaster conditions cited by then-Defence Cabinet Secretary Aden Duale in the Gazette notice authorising the deployment.

"The other arising issue was the clarity on what was meant by emergency and disaster to warrant deployment of the KDF," IPOA says.

The report highlights that the deployment of KDF was intended to instil fear and intimidate, which infringed on Article 37 of the Kenyan Constitution, protecting the right to peaceful assembly and demonstration.

In June 2024, the state deployed KDF officers to support the police in maintaining peace and security amid the anti-Finance Bill protests.

Their deployment came after the National Assembly approved it.

Duale, following a court directive, gazetted areas where the KDF would operate.

He said then that the KDF would protect critical infrastructure of the three arms of government and those of citizens until normalcy resumes.

The Defence CS then noted that as chairman of the Defence Council, he made the call to deploy the KDF in consultation with the Chief of Defence Forces and President William Ruto.

Duale said this was to protect the country from sliding into chaos because of a few greedy politicians from current and previous regimes.

"The Constitution made the right call. I think the framers of our Constitution created checks and balances.

"As the chairman of the Defence Council, in consultation with the Chief of Defence Forces (CDF) and Commander-in-Chief we invoked the Articles in the Constitution and the section in the KDF Act to make sure our country does not slide into chaos because of greedy, wicked politicians and their agents and financiers," Duale said.