• Kindiki said the operation in the banditry-prone areas was not approved by Parliament because it is police-led with assistance from the military.
• However, the plan to deploy KDF to the region was tabled before Parliament Tuesday.
Image: HANDOUT
Interior CS Kithure Kindiki said there is no need to have prior approval of Parliament before deploying the military to banditry-hit counties.
He said this is because the military will operate under the National Police Service, who will be the lead team in the operation. The military will only render assistance.
“Further, it is clarified that the operation in the areas specified in the aforesaid Kenya Gazette Notices as amended is police-led with assistance from the military within the remit of Article 241 (3) (b) of the Constitution of Kenya,” Kindiki said on Tuesday.
“As such, no prior approval of the National Assembly is required as would be the case for a military-led operation under Article 241 (3) (c) of the Constitution.”
However, the plan to deploy KDF to the region was tabled before Parliament Tuesday.
“This is a very active matter before the Defence Intelligence and Foreign Relations Committee that I chair. Article 241 (3)(b) of the Constitution, read together with sections 31(1)(a) and 33(1) of the Kenya Defence Forces Act, is very clear on the deployment procedure in situations of emergency or disaster,” Defence, Intelligence and Foreign Affairs Relations Committee chairperson Nelson Koech said.
“This provision allows the deployment of KDF in a joint operation with the National Police Service and other authorities. In the present case, the CS has informed Parliament that the police under the overall command of the Inspector-General will take the lead of the operation. The KDF will only complement the police, in which case Article 241(3)(b) of the Constitution requires the CS to report to the National Assembly,”
On Monday, Kindiki imposed a 30-day dusk-to-dawn curfew in some banditry-hit areas to set the pace for the operation.
The CS gazetted areas in six counties, including Turkana, West Pokot, Elgeyo Marakwet, Baringo, Laikipia and Samburu, that would observe the curfew.
In the order, there shall be no public gatherings, processions, or movements, either alone or as a group, during the period of the curfew except as has been permitted in writing by the Inspector-General of the National Police Service.
Inspector General Japhet Koome urged people owning firearms illegally to surrender to authorities.
The military team moved to the mapped areas for deployment.
The multi-agencies involved in the drive are mobilising resources ahead of the start of the operation.
The resources included vehicles, choppers, personnel, tents and food. Maj Gen David Tarus, the commander of the Western command, is expected to coordinate the new operation with Rift Valley regional commander Tom Odera.
A document called Technical Report on National Shared Security Strategy for Enduring Peace and Security in the North Rift Region was handed to the President last month, detailing the problems and possible solutions.
The document will guide the next phase of “Operation Komesha Uhalifu North Rift”, which was launched in September last year following the killing of a chief, two civilians and eight police officers by bandits in Turkana East, officials said.
Kindiki declared the security situation in the North Rift a national emergency and issued a three-day amnesty for the surrender of illegally held firearms.
The amnesty that began Tuesday was received with mixed reactions, with some quarters feeling it may not achieve much as it provides the people behind the attacks time to regroup and strategise.
Officials on the ground said Wednesday the actual operation was yet to start and they had given room for the amnesty to take effect.
IG Koome visited troops in Kainuk, Turkana, to boost their morale ahead of the planned operation.
Deputy Inspector General of Administration Police Noor Gabow visited parts of Laikipia and Samburu, which are among the places targeted for the operation.
He said the officers on the ground were ready.
Kindiki said in the last six months, more than 100 civilians and 16 police officers have been murdered by bandits and cattle rustlers in the North Rift.