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High Court To Rule On Petition Against KDF Deployment At 3pm

High Court Judge Lawrence Mugambi has retreated to examine whether the deployment of the Kenya defence forces was lawful and justified.

The court is expected deliver a ruling at 3 pm on whether it will issue orders stopping the deployment of military officers in regards to the gazette notice.

During the hearing of the case filed by the Law Society of Kenya, the Judge posed several questions to the parties present as he sought to understand aspects of military operations and laws specific to defence forces.

He asked the LSK to comment on instances when KDF may be deployed to which the society cited article 241 of the constitution.

“There are two situations when KDF can be deployed. One instance is when there’s there’s an emergency or disaster and the other situation is when there’s unrest,” LSK President Faith Odhiambo said.

Article 241(b) in which Duales gazette notice is hinged indicates that the defence forces shall assist and cooperate with other authorities in situations of emergency or disaster, and report to the National Assembly whenever deployed in such circumstances.

241(c)on the other hand states that the defence forces may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly.

Based on this, LSK told Justice Mugambi that there’s no information from the state on whether the presence of the military in the capital city is meant to deal with an emergency or to deal with unrest or instability.

“You have not been told anywhere there’s been unrest,” said LSK.

“In this case, what happened was that CS Duale issued the gazette notice before approval was sought. That was in breach of the constitution and should be stopped.”

The notice they said was supposed to be issued within 24 hours after approval had been made by parliament.

But the approval according to LSK was sought when KDF had already been deployed.

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