- Theuri wants the Gazzete notice rescinded.
- He says the operation in the affected areas is neither an emergency nor a disaster.
Image: FILE
The Law Society of Kenya (LSK) has now issued a three-day ultimatum to the government to repeal a Gazette notice ordering the deployment of KDF to bandit zones in the country.
LSK says the curfew orders and the decision to send the soldiers to the identified parts of the Rift valley without Parliament's approval was a breach of the Constitution.
In a letter addressed to Interior cabinet secretary Kindiki Kithure, LSK President Eric Theuri says they will be moving to court if the notice is not overturned.
Kindiki has declared the particular areas in the six counties of Turkana, Elgeiyo Marakwet, Samburu, Baringo, Pokot and Laikipia as disturbed and dangerous.
“In the event, no action is taken within the next three days, we shall regrettably move to court to have the gazette notices quashed and seek to have the government compelled to comply with the law,” Theuri said.
Acknowledging that it was the responsibility of the state to ensure the security of Kenyans, LSK has taken issue with the process employed.
“Even as the government takes measures to restore peace and security in the areas mentioned above, it cannot employ extra-constitutional means,” he says.
Theuri states that the deployment of KDF to assist the police in the affected areas should be legalized as prescribed under Article 241 (3) (c) of the Constitution and Sections 31 and 32 of the KDF Act.
He observed that the operation in the affected areas is neither an emergency nor a disaster but rather a “full-scale security deployment intended to restore security and public order.
“Therefore, it is fully within the remit of Article 241(3) (c) of the Constitution,” says Theuri.
KDF troops began rolling in Friday, following the lapse of a three-day amnesty period issued to those in possession of illegal firearms to surrender.
The attempt to restore peace "unconstitutionally", he argued, may expose the soldiers in the security sector to risks of personal culpability for actions not sanctioned by the Constitution.
But Kindiki clarified that the deployment of the military, saying it would not need Parliamentary approval since the soldiers would be there to assist in a police-led operation.
He said the military will operate under the National Police Service, the lead team in the operation.
The statement by the body comes in the wake of a similar concern by Azimio leader Raila Odinga.
Raila said the law demands that any such deployment of the military whether internally or to foreign countries must be sanctioned by Parliament.
"Under very special circumstances is the military deployed. President has no powers, this is a gross violation of the Constitution," he said.
On February 13, the government through a gazette notice by Defence CS Aden Duale said the military would be deployed to six bandit-prone counties from Wednesday to avert further loss of lives.
It followed a directive by President Ruto for a joint security operation in the restive parts of the North Rift that have come under heavy attacks by armed bandits in recent days.