By Tajeu Shadrack Nkapapa
The Court has upheld the Kenya Defence Forces deployment of 25 June 2024 pursuant to Article 241(3) (b) of the Constitution of Kenya in order to assist the National Police Service to calm down the protests that are going on across the country.
In a media summary of the court ruling released by the Judiciary of Kenya, the court has gave orders regarding the deployment of the Kenya Defence Forces.
Upon hearing of the matter, the court made a determination.
“The intervention of the military in supporting National Police Service is necessary in view of the need to preserve order, peace, public safety and critical infrastructure as it in conformity with the constitution and the relevant statute and was properly invoked,” the media summary stated.
“That it is hereby directed that the terms of military engagement, duration of engagement be clearly defined and gazetted within the next two days to alleviate public fear that their constitutional liberties could be in jeopardy and also to give public confidence that their liberties will be observed during the duration of military engagement,” read the statement in part from media summary.
“That the Court retains residual powers of oversighting the military deployment on observance of human rights and that this file shall remain open during the course of this petition to receive and deal with any complaints of violation for as long as the military intervention lasts,” stated in the media summary from the High Court of Kenya.
Hon. Duale emphasized that the ministry of defence will respect the court decision.
“The Government through the Ministry of Defense will comply with court decision and issue a new gazette notice in due course,” CS Aden Duale said on X.
“We shall preserve peace and public safety and protect critical infrastructure of all the three arms of Government,” he added.
Hon. Aden Duale gave assurance that the Government and KDF in particular will at all times respect the constitution and the law in discharging its mandate.