NAIROBI -The High Court in Kenya, on Thursday issued an order restraining the Government of Kenya from deploying Kenya Defence Forces ( KDF) to assist the National Police Services in maintaining law and order among Kenyans , especially during this period that of demonstrations.
On Tuesday 25th June 2024, in a special issue of the Kenya Gazzette , the government announced that it was deploying the army to assist Police to suppress demonstrators and maintain peace in the country persuant to Article 241 (3) (6) of the Constitution of Kenya.
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“Persuant to Article 241 (3) (6) of the Constitution of Kenya and 34(2) of Kenya’s Defence Act (Cap 199) , Kenyan Defence Forces are deployed on 25th June 2024 to support National Police Services in response to security emergency caused by the ongoing violent protests in various parts of Republic of Kenya resulting into destruction and breaching of critical infrastructure.” Read the gazette notice
However the Kenyan Law Society (KLS) challenged this decision in court and later applied for an interim injunction halting enforcement of the Gazzette order pending the full hearing of the application before court.
“That pending the hearing and determination of this Application, an interim Conservatory Order in the nature of an injunction be and is hereby issued restraining the Respondents, their employees, agents, or any other person acting under their instructions or authority from administering, deploying, controlling or superintending any operations by the Kenya Defence Forces pursuant to Gazette Notice No. 7861 dated 25 June 2024.” Ruled court on Thursday 27th June 2024.
Court added that its at liberty to grant any further or other relief that it May deemjust and expedient to grant.
In this matter , the Attorney General of the Republic of Kenya, Cabinet Secretary for Defence , Kenya Defence Force and the Inspector General of National Police Services have been listed as the respondents.
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