Row erupts after MPs approve KDF to counter demos

Sources intimated that the motion was passed in a stormy session as some members were against the move, more so coming a day after the troops were already deployed.

On Tuesday, Defence Cabinet Secretary Aden Duale gazetted the deployment, saying it complied with Section 34 of the Kenya Defence Forces Act.

“The Kenya Defence Forces is deployed on the 25th of June, 2024 in support of the National Police Service in response to the security emergency caused by the ongoing violent protests in various parts of the Republic of Kenya resulting in destruction and breaching of critical infrastructure,” Duale said.

MPs ratified the move in the National Assembly’s Wednesday sitting, triggering protests from the opposition.

It is understood that some lawmakers nearly came to blows in the stormy session, a day after protesters laid siege to the premises.

A section of Azimio la Umoja legislators have vowed to move to court to overturn Parliament's move to approve the involvement of KDF personnel in countering anti-tax protests.

Opposition MPs John Mbadi (nominated), Otiende Amollo (Rarieda), James Nyikal (Seme) and Joshua Oron claimed the motion, which was passed in a record 30 minutes, was unprocedurally introduced in the House.

Speaking moments after the National Assembly considered the deployment motion, Mbadi said the motion sponsored by Majority Leader Kimani Ichung'wah was not sanctioned by the House Business Committee.

"Business of the House is prepared and approved by the House Business Committee. For any business to find its way into the House it must be approved by the House Business Committee," Mbadi said.

"House Business Committee did not sit, that is why the motion was not procedurally in the House."

The HBC is chaired by the Speaker and consists of the majority leader, his minority counterpart and both whips, among others.

The team is required to sit to approve all the business to be transacted in the House on any particular day.

Otiende, while faulting Speaker Moses Wetang'ula for railroading the deployment of KDF to handle internal affairs, said they will move to court to challenge the decision.

He also took issue with CS Duale’s gazette notice on deployment, stating that the law allows only the Chief of Defence Forces to deploy.

The process, the senior counsel said, must also be subjected to public participation and not done in the manner Parliament handled it.

"For some of the reasons we have told you, we are going to challenge this decision in court," Otiende said.

Nyikal said the Speaker refused to give a few opposition MPs who were present in the morning session an opportunity to contribute to the motion.

"The Speaker was deliberately ignoring the minority side. I was probably one of the first few members in the House but I was not given a chance to contribute despite making several requests," Nyikal said.

Oron termed the Wednesday morning session a charade that must not be allowed to stand.

Section 34 of the KDF Act, which the CS cited, provides that in the event of troops being deployed in support of the police “such deployment shall comply with constitutional standards relating to human rights and fundamental freedoms.”

When such a move is taken “the Cabinet Secretary shall, within 24 hours, issue a notice in the gazette of the commencement of such deployment.”

Where the deployment has been discontinued “the Cabinet Secretary shall within 24 hours issue notice in the Gazette of the discontinuation of the deployment.”

According to the law, the CS is also required to report to the National Assembly on the decision to deploy KDF personnel within the country.

Soldiers have already been deployed to various state houses including Nairobi, Nakuru and Mombasa as well as state lodges across the country.

The soldiers helped end the siege at Parliament and repulsed protesters who had overrun security at the buildings.

They rammed the fence, torched offices, smashed windows, trashed the grounds, and occupied the National Assembly chamber.

In the most daring display of fury, the protesters left a trail of destruction in their wake and scars that will take time to heal.

The new dining hall, which was given a makeover when the current Parliament was elected, was completely run down.

The youths not only smashed furniture but also carted away critical implements used in the kitchen.

Many valuable installations and appliances were looted, including foods and drinks.

They took away curtains, curtain rods and cutlery – after sampling some of the hot dishes MPs abandoned in a huff.

The Tuesday chaos was unprecedented, as Parliament is one of the most secure buildings in the country.