Defence CS Tuya lays out modalities of KDF deployment in internal security matters

The Kenya Defence Forces (KDF) retains an active level of situational awareness on internal security matters, as a proactive measure in case it's tasked to assist security agencies mandated to enforce internal security in restoring order.

Defence Cabinet Secretary Soipan Tuya revealed this when she appeared on the floor of the Senate Wednesday to answer questions on whether KDF monitors the security situation within the country and its preparedness to address potential instability.

"For KDF to effectively discharge this mandate of involvement in internal security matters, it must retain situational security awareness on internal security issues at all times," she said.

She added that because KDF has to closely work with other security organs on internal security issues, it retains close collaboration with and regularly exchanges information with relevant agencies.

In a similar deployment to the June 6 protests, KDF is also working alongside the National Police Service under Operation Maliza Uhalifu, North Rift, in the North Eastern region as well as in the ongoing Operation Amani Boni in Lamu county.

The CS further stated that the law provided that in the event that KDF is deployed to restore peace in areas affected by unrest, under article 241, the chief of the Defence Forces is responsible for the administration, control and overall Superintendence of the operation.

But where KDF is deployed in a joint operation in support of the National Police Service and others authorized in situations of emergencies, the Inspector General of the National Police Service shall be responsible for the control and overall Superintendence of the operations.

"To bring it closer home, an example is Operation Amani Boni where the Chief of Defence Forces is responsible for the administration, control and overall Superintendence while at Operation Maliza Uhalifu in North Rift, the Inspector General of Police is responsible for the control, KDF just comes in to offer support," CS Tuya explained.

North Rift operation

The Senators noted that the KDF's involvement in the North Rift operation had borne fruit.

The CS also allayed fears that KDF can be deployed arbitrarily by stating that, any deployment is done only in areas approved by the President and the National Security Council.

"There's a code of conduct that must be adhered to which details the operational procedures and regulation of the defence forces. The law also stipulates that in such deployment in support of the National Police Service, the KDF personnel shall have the same powers and exercise the same duties as those of the NPS members," she added.

At the same time, she said soldiers set for deployment are supposed to undergo prior training before deployment, and be guided by the law to prioritise the protection of civilians through deployment of minimum force and use of non-lethal methods whenever possible consistent with the mission in accordance with the laid out standard operating procedures.

In response to a question by Kakamega Senator Boni Khalwale on whether there are mechanisms by the National Security Council that prevent when soldiers deploy to the streets they don't take over government, the CS said the modalities for deployment are spelt out and that KDF is restricted to restoring stability, the other mandates of arrest and criminal investigations are handled by other relevant security organs.

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On the question of whether the notice has been revoked or remains in force, the CS said she could not reveal the status.

"What indeed restricts me from responding to your question is the provision(s) of the law, on limitations of the information under the KDF law, and the questions of capacity and disposition of deployment fall under that limitation that is why I cannot extend beyond that," she said.

The decision to allow the deployment of KDF to the streets after the June 6 protests saw for the first time soldiers patrol the streets, as Kenyans revolted against the government over the 2024 finance bill amongst other pressing issues like the cost of living.

There was no recorded case of violence or assault against the protesters by the soldiers.