LSK Demands Regularisation Of KDF Deployment To North Rift

In an unprecedented move, the Law Society of Kenya (LSK) has issued a firm ultimatum to the Attorney General (AG), urging the regularisation of Kenya Defence Forces (KDF) deployment to the North Rift region, demanding that the National Assembly gives approval prior to dispatching the officers. If the government does not comply, the LSK is prepared to challenge the exercise in court with full force and vigor.

As expressed in a letter dated February 16, 2023, and inked by society president Eric Theuri, which was subsequently received by the AG's office on February 17, 2023, the LSK highlighted the severe security issues encountered by residents of Turkana, Elgeyo Marakwet, Baringo West, Pokot, Samburu, and Laikipia. However, they firmly stressed that the government should not employ unconventional and extra-constitutional strategies to re-establish order.

"We hold the position that curfew orders 1 and 2 infringe on the Constitution and ought to be annulled. The deployment of KDF to assist the police in the affected areas should be regularized as stipulated in Article 241(3)c of the Constitution and Sections 31 and 32 of the KDF Act."

The society contends that the Constitution permits the use of KDF in cases of emergencies and disasters and mandates that they report to Parliament after the fact. According to the LSK, the operation in the affected regions does not fall under either of these categories, but rather a full-scale security deployment intended to reinstate peace and public order. Therefore, it falls completely within the ambit of Article 241(3)c of the Constitution.