The Law Society of Kenya (LSK) has written to the Attorney General (AG) requesting that the Kenya Defence Forces (KDF) deployed to the North Rift Valley be regularized by obtaining National Assembly approval before deploying officers.
If this is not done, society has stated that it will challenge the exercise in court.
The society stated in a letter dated February 16, 2023, signed by society president Eric Theuri, and received by the AG’s office on February 17, 2023, that while it was aware of the security challenges faced by residents of Turkana, Elgeyo Marakwet, Baringo West, Pokot, Samburu, and Laikipia, the government should not use extra-constitutional methods to restore peace.
“We are of the view that curfew orders 1 and 2 violate the Constitution and should be rescinded.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, and in such cases, they must report to Parliament after the mission.
“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.”
