National Assembly approves military deployment to help quell anti-tax protests

The National Assembly has approved the Defence Council's request to deploy the Kenya Defence Forces (KDF) to help tame the anti-Finance Bill protests taking place across the country.

This follows Defence Cabinet Secretary Aden Duale's announcement about the deployment of the military to assist police officers in managing the demonstrations, after a day of shocking events such as the shooting of protesters as they occupied parliament and damaged property.

In a gazette notice on Tuesday evening, the CS stated the decision was made after some demonstrators began interfering with critical infrastructure.

Mixed reactions followed, with critics questioning the scenario he painted.

Lawyer Donald Kipkorir pointed out that the constitution does not allow the deployment of the KDF without the approval of the National Assembly.

He referenced Article 241 (2)(c), which states that the KDF may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly.

Via X, the Kenya Human Rights Commission (KHRC) expressed similar views:

The purported deployment of KDF is illegal. Article 241 of the Kenyan Constitution states that this deployment can only happen after the approval of the National Assembly, which has not happened. pic.twitter.com/VPlPxz7xJ7

— KHRC (@thekhrc) June 25, 2024

Aden, according to the Constitution, was required to report to the National Assembly on the deployment of the military.

This requirement led Majority Leader Kimani Ichung'wa to call for a special meeting on Wednesday to legitimise the deployment.

Approving the deployment on Wednesday, a statement from Parliament said, "THAT, pursuant to Article 241(3)(c) of the Constitution and sections 31(1)(b), 31(1)(c) and 32 of the Kenya Defence Forces Act, Cap. 199, this House accedes to the request of the Defence Council dated 26th June 2024 and, in the interest of national security, APPROVES the deployment of the Kenya Defence Forces (KDF) in support of the National Police Service in various parts of the Republic of Kenya affected by ongoing violent protests that have caused destruction to critical infrastructure until normalcy is restored."

Criticism followed the National Assembly's announcement, with some noting that the decision was rushed and did not come with debate. Among the critics was lawyer and Rarieda MP Otiende Amollo.

And, Without Media, Without Most Members, Without Proper Debate, In A Record 30Mins, National Assembly Has Just Made Kenya A Military State; Authorizing Deployment Of KDF Without Indicating Where, Why Or For What Period, & Did So Retrospectively Contra A 241(3)(c). God Bless Us!

— Otiende Amollo, SC,MP, EBS (@OAmollo) June 26, 2024

Saboti MP Caleb Amisi also criticized the approval of the deployment, claiming it was by MPs allied to the president's United Democratic Alliance (UDA) party.

He noted the need to protect Kenya from corrupt MPs out to destroy it as it is the only home millions of citizens know.

It is not parliament that has approved the archaic kdf deployment,it is the UDA mps who were mobilised in the wee hours without a substantive house business resolutiono.Opposition came to know of it on the floor of parliament.I saw the mace in yesterday mess,where did you get…

— Hon. Caleb Amisi, MP (@Honcalebamisi) June 26, 2024

The chaos on Tuesday left several sections of parliament damaged, particularly in areas from which the protestors used to access the premises. Many valuable items were vandalised including critical equipment used to facilitate sittings at the august house.

President Ruto, in his address to the nation on Tuesday night, issued a stern warning to those allegedly behind the chaos, noting their acts were treasonous. He said he would continue to lead a government fully committed to protecting Kenya's sovereignty and protecting lives.

"The country shall treat every threat to the state as an existential danger to Kenya's security. The government will provide a swift, full and effective response to today's treasonous event," he said.