Three petitioners sue CS Duale, General Kahariri over deployment of KDF in protests
In a fresh petition filed before the High Court, three citizens — Simiyu Chaungo, Terry Otieno, and Elvis Otieno — argue that the decision to deploy the military to reinforce the National Police Service was unconstitutional, irregular, and a violation of civil liberties.
The Chief of Defence Forces (CDF), General Charles Kahariri, and former Defence Cabinet Secretary, Aden Duale, have been taken back to court over the deployment of Kenya Defence Forces (KDF) personnel during recent anti-government protests.
In a fresh petition filed before the High Court, three citizens — Simiyu Chaungo, Terry Otieno, and Elvis Otieno — argue that the decision to deploy the military to reinforce the National Police Service was unconstitutional, irregular, and a violation of civil liberties.
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The petitioners contend that the two officials failed to indicate the duration of the deployment, leaving the presence of soldiers on the streets open-ended and without parliamentary oversight.
They argue that this amounted to an unlawful extension of military authority into civilian spaces.
They cite Article 241 of the Constitution, which restricts the internal deployment of the KDF to exceptional circumstances, and only with the approval of the National Assembly, specifying both the area of operation and timeframe.
The petitioners accuse the respondents of breaching this requirement and, in doing so, exposing citizens to possible abuse.
The trio further maintains that the deployment was unnecessary and disproportionate, given that the protests were primarily civilian demonstrations against government policies.
They accuse the State of weaponising the military to suppress dissent rather than safeguard national security.
“The respondents have blurred the line between policing functions and military operations, endangering constitutional freedoms,” the petition reads in part.
The suit adds to a growing number of legal challenges to the government’s handling of recent protests, with courts already seized of cases involving allegations of excessive force, unlawful arrests, and violations of freedoms of assembly and expression.
The petitioners are asking the Court to declare the deployment unconstitutional and to order the withdrawal of the military from civilian operations unless expressly sanctioned by Parliament.
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