The Kenyan High Court on Thursday ruled that the military can assist police in controlling protests, but only for a limited time and under clear guidelines.
This decision comes after the deployment of soldiers sparked controversy following violent demonstrations against Finance Bill 2024.
The Law Society of Kenya (LSK) argued that the deployment violated proper procedures and was unconstitutional. However, the Court disagreed, stating the government followed the constitution.
Justice Lawrence Mugambi expressed concerns about transparency and ordered the government to clearly define the duration and scope of the deployment within two days.
“The Judge in his ruling agreed with our arguments that the deployment fell short of the rigorous stipulations of Article 241 and relevant provisions of the Kenya Defense Forces Act. The court found that that the gazette notice engendered uncertainty as to scope, terms, conduct and timeframe. Court however held the view that the deployment is necessitated due to the circumstances that arose on Tuesday where the police appeared unable to control protestors. The Constitution of Kenya 2010 provides an elaborate threshold of what constitutes an emergency that necessitates the deployment of the military,” LSK President Faith Odhiambo said on X.
The High Court has this evening rendered a ruling on the application by the Law Society of Kenya for conservatory orders against the deployment of the military to assist police in maintaining order. This measure was taken in pursuance of the Gazette Notice by the Minister of…
— Faith Odhiambo (@FaithOdhiambo8) June 27, 2024
The protests erupted in June 2024 after Parliament passed the Finance Bill, which many Kenyans opposed. The demonstrations turned violent, with some protesters storming Parliament and setting parts of it on fire. At least 22 people were killed during the unrest.
In response, President William Ruto rejected the bill and sent it back to Parliament.
”Listening keenly to the people of Kenya who have said loudly that they want nothing to do with this Finance Bill 2024, I concede and therefore I will not sign the 2024 Finance Bill …Members of the public insist on the need for us to make more concessions. The people have spoken,” said President Ruto.
In May, the President had insisted that he was “Not going to preside over a bankrupt country, I am not going to preside over a country that is in debt distress,” President Ruto said last month while defending his plans.
He also authorized the deployment of the military to assist police in restoring order.
This move was challenged by the LSK, who argued it was unnecessary and violated the constitution.
“What we are seeing is Parliament and the Executive treating us to a circus to cover up. We have never seen a scenario such as this since the 1982 coup,” LSK President Faith Odhiambo.
LSK president Faith Odhiambo on KDF deployment:
President Ruto needs to be worried because if you need to instil fear in your people to govern them, the resentment will only grow.#ProtestsKE2024 @zeynabIsmail pic.twitter.com/lDY4E1iNHE
— NTV Kenya (@ntvkenya) June 27, 2024
The Court’s decision allows the military to remain deployed for a limited time, but it requires the government to be more transparent about the operation.
On the other hand, the National Assembly Speaker Moses Wetangula has referred President Ruto’s Memorandum of Referral, about the withdrawal of the Finance Bill 2024/25, to Parliament’s Departmental Committee on Finance and Planning.
“The President’s Memorandum constitutes a rejection of the bill in its entirety; and that the decision is informed by the need to reflect the voice of the people of Kenya who have rejected the Bill.”
“The Committee is required to expeditiously commence consideration of the President’s Memorandum, its reservations and recommendation, and report to the House at the next regular sitting upon its resumption.”
