LSK faults ruling on KDF deployment, insists grounds for military intervention inadequate

The Law Society of Kenya has expressed its dissatisfaction with the decision made by the High Court on Thursday allowing the state to deploy the military to quell violence arising from widespread anti-tax protests.

While disagreeing with High Court Judge Lawrence Mugambi, LSK President Faith Odhiambo reiterated that whereas deployment of the military can be done in instances where there is instability, unrest, and situations of emergency, the ruling was “an incurably dangerous precedent for the threshold” needed to warrant KDF involvement in internal affairs.

The LSK boss argues that the Constitution provides an elaborate threshold of what constitutes an emergency that necessitates deployment of the military and insists the present situation does not warrant military intervention.

“We respectfully disagree with the court. We maintain that the violence that has been witnessed during the protests has been perpetuated by or as a reaction to excesses of police force and arbitrariness,” she said

Ms Odhiambo bolds the view while the disruption of both public and private property and infrastructure is unacceptable, there is no evidence to indicate that the police are incapable of containing the current situation if they perform their duties within the limitations of the law.

“The present action by the state is both procedurally unsound, not in conformity with article 241 and is outright disproportionate. In our view, the drastic measure of inviting military intervention in a controversy that is primarily political should not be taken lightly,” she said

“Our defense forces is highly respected for its independence, professionalism, impartiality and respect for civilian rule. We should not taint it by liberally interpreting the limited scope of Article 241,” she adds

The LSK boss indicated they are waiting for the full reasoned version of the ruling in order to enable the society to evaluate other options available on the matter.

“We commit to consider the written ruling and take the next course of action in defense of the Constitution and the rule of law,” she said

In his ruling Thursday, Judge Mugambi said the state did not err in deploying KDF to come in given the police appeared unable to control protestors.

“The intervention of the military in supporting the National Police is necessary in view of the need to preserve order, peace, public safety and critical infrastructure as it in conformity with the Constitution and the relevant statute and was properly invoked,” the judge ruled