LSK calls for regularization of KDF deployment to North Rift Region.
The Law Society of Kenya (LSK) has written to the Attorney General (AG) calling for the regularization of the deployment of Kenya Defence Forces (KDF) to the North Rift region.
The LSK is calling for the government to seek the approval of the National Assembly before deploying KDF officers, warning that it will challenge the exercise in court if this is not done.
The letter, dated February 16, signed by LSK President Eric Theuri acknowledged the security challenges faced by residents of Turkana, Elgeyo Marakwet, Baringo, West Pokot, Samburu and Laikipia but argued that the government should not resort to extra-constitutional methods to restore peace in the region.
“We are of the view that the curfew orders 1 and 2 violate the Constitution and should be rescinded. The deployment of KDF to assist the police in the affected areas should be regularised as prescribed under Article 241 (3) c of the constitution and Sections 31 and 32 of the KDF Act.”
According to the society, the Constitution allows for the deployment of KDF in cases of emergency and disaster, but in such cases, the government is required to report to parliament after the event.
LSK argues that the deployment of KDF to the North Rift region does not qualify as an emergency or disaster, and therefore, the government should have sought approval from Parliament before deploying the officers.
“The Law Society takes the view 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 and therefore fully within the remit of Article 241 (3) c of the Constitution.”