NAIROBI, Kenya, June 27-Azimio La Umoja has filed petition under certificate of urgency against KDF deployment to quell protests ahead of a ruling on a similar case by the Law Society of Kenya (LSK).
The Opposition Coalition through legal counsel Otiende Amollo argued the military deployment was unconstitutional as the Gazette notice issued by Defence Cabinet Secretary Aden Duale was done without any approval of the National Assembly or Defence Council.
“Approval of the National Assembly cannot act retroactively but must act retrospectively. Additionally, the business of the House was conducted in disregard to the Standing Orders as the special motion was tabled without any notice as required by the Standing Orders,” the court papers read.
The Raila Odinga led coalition has sued the National Assembly pointing out that the procedure on approving the deployment of the troops was in contravention of the standing orders.
The petition argued the ramification of KDF deployment requires a special motion which requires a special sitting.
Basing their argument on the standing order of the house,the coalition said MPs ought to have been notified prior of the date and time of the sitting and not being ambushed on the matter using a supplementary order paper.
Lawmakers from the opposition side had decried that the issue was deliberated when the house had no quorum as majority didn’t attend the sitting following the invasion of the chambers by demonstrators on Tuesday.
“However, on the morning of 26th June 2024, the Leader of Majority, Hon Kimani Ichungwa, vide Supplementary Order Paper dated Wednesday, 26th June 2024, moved a motion for ratification of deployment of Kenya Defence Forces.
As evidenced by the said Supplementary Order Paper, the deployment of the Defence Forces was done without approval of the National Assembly, rendering the actions a nullity,” the court papers read.
This comes even as Highcourt Judge Lawrence Mugambi is expected to make the ruling after hearing the parties in the case filed by Law Society of Kenya (LSK) seeking to block the deployment of the military to assist the police.
LSK, through its president Faith Odhiambo argued that the deployment of KDF in town is unconstitutional insisting the procedure undertaken for approval was merely cosmetic.
The LSK President told the court the gazette notice should have been given 24 hours after parliament approval.
“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,” she said.
On Tuesday night, Defence Cabinet Secretary Aden Duale issued a Gazette Notice authorizing the deployment of the military, as police appeared overwhelmed in many parts of the country, particularly in Nairobi. Protesters had stormed Parliament following the bill’s passage.
“The Kenya Defence Forces is deployed on June 25, 2024, in support of the National Police Service in response to the security emergency caused by ongoing violent protests in various parts of the country, resulting in the destruction and breaching of critical infrastructure,” Duale stated.
Odhiambo poked holes on the gazette notice issued by CS Duale saying no state emergency had been declared or parameters indicated on the notice in regards to timelines of KDF operations in the protests.
“The military are there to put fear and intimidate the people of Kenya and frustrate the citizens to exercise their rights and they are still on streets to date,”she argued.
The Ministry of Defence through their counsel, argued termed chaos that has characterized the anti-finance bill demonstrations is a situation of emergency which warrant the reinforcement of KDF deployment.
“We are having a state of emergency and this kind of deployment have been done before .The situation falls squarely in a situation of emergency,”the counsel said.
The Office of the Attorney General urged the court to thrawt the pleas by the LSK pointing out that the government has followed the constitution and the respondents has no given evidence to support their argument.
LSK argues that there was nothing in the protests that would have been deemed as an emergency to warrant Military involvement. However, according to CS Duale, the Tuesday protests were akin to security emergency following invasion of key arms of government including Parliament.
The chaotic scenes unfolded as police struggled to disperse rioters who stormed Parliament. The confrontations were marked by live bullets and tear gas moments after Members of Parliament approved the bill. Several protesters sustained serious bullet wounds during the clashes
Among critical infrastructure affected include the Supreme Court and City Hall- the Nairobi County Headquarters which was also set ablaze by protesters.
Source: capitalfm
