MPs approve KDF deployment on the streets
Members of the National Assembly during a sitting in June last year.
In a record 30 minutes, members of the National Assembly allied to President William Ruto on Wednesday, June 26, retroactively approved the deployment of the Kenya Defence Forces (KDF) to quell anti-Finance Bill protests before hastily adjourning for a short recess in a chaotic closed-door session that saw two MPs exchange blows.
The MPs passed the motion in a chaotic closed-door session that saw two legislators exchange blows.
The opposition claimed that the order was not considered at the House Business Committee (HBC) chaired by Speaker Moses Wetang’ula.
The National Assembly action now goes down in history as the first instance where members have approved the deployment of KDF personnel in direct combat against unarmed civilians protesting against punitive provisions in the Finance Bill 2024 that were approved on June 25.
Previous deployments of the KDF personnel internally have been against the armed militia groups terrorising people going about their business with the period and specific areas of operation spelt out.
“This House accedes to the request of the Defence Council in the interest of national security, approves the deployment of KDF in support of police in various parts of the republic of Kenya affected by ongoing violent protests that have caused destruction to critical infrastructure until normalcy is restored,” the motion passed by MPs read.
The session, which saw the media and public blocked out from live coverage of parliamentary proceedings including parliament’s own internal TV channel- the Parliamentary Broadcasting Unit (PBU) that runs Bunge TV, was marked by spirited opposition from the Azimio la Umoja one Kenya coalition MPs.
The House leadership’s decision to have the House approve the deployment of KDF away from the glare of the media is in breach of Article 124 (4) (c) of the constitution which states that the proceedings of the committee and the House shall be open to the public.
The Azimio MPs were outnumbered by their Kenya Kwanza colleagues as the motion sailed through.
On Tuesday, an angry mob of protesting Kenyans outnumbered the anti-riot police in chaotic scenes that saw them pull down parliament’s perimeter fence to gain access.
The youths were specifically enraged after learning that the MPs had approved the Finance Bill against the people’s wishes to reject it.
Chaotic scenes
The August House on Wednesday degenerated into chaotic scenes after MPs Anthony Oluoch (Mathare) and Charles Kamuren (Baringo South) reportedly exchanged blows as others engaged in shouting contests before a helpless Speaker Wetang’ula.
This is after Speaker Wetang’ula allowed only three MPs-Leader of Majority Kimani Ichung’wah (Kikuyu) and his Minority colleague Opiyo Wandayi (Ugunja) and Junet Mohammed (Suna East) to debate the motion of KDF deployment against the wishes of the MPs to also contribute.
The deployment was triggered by a gazette notice by Defense Cabinet Secretary Aden Duale announcing the deployment of KDF on June 25, 2024.
The actual deployment of the KDF was done on June 25, 2024, after the protesters gained access to parliament and even accessed the debating chamber but after sampling delicacies in the MPs’ three-star restaurant within the precincts.
While the MPs' post-facto approval of the deployment was in line with Article 241 (3) (c) of the constitution, the Azimio MPs have questioned how it was done.
The Article states that the defence forces may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly.
Mr Wandayi said that the deployment was unprocedural as its “attendant motion” was not ratified by the HBC, which is chaired by the Speaker and prioritizes matters to be transacted on the floor of the House, as required.
“The deployment is irregular because the HBC did not sit to approve it. Because the HBC did not meet to prioritize the deployment, it means that the motion was not properly before the House and therefore it was unprocedural for the House to approve it,” said Mr Wandayi.
Usually, the HBC sits every Tuesday afternoon to schedule the business to be transacted in the House for the week and the next Tuesday when it meets again.
The approved business for transaction in the House is then published in the Order Paper that should be uploaded on the Parliamentary website at least 12 hours before the sitting of the House.
The last the HBC sat on Tuesday this week, the Defense CS had not made such a request to the House and therefore, the House was not seized of the matter meaning that the only time the House would have considered the request if proper channels were followed, would be Tuesday next week.
Proper debate
“Without media, without most members, without proper debate, in a record 30 minutes, the National Assembly has just made Kenya a military state. Authorizing deployment of KDF without indicating where, why or for what period…God Bless Us!"Rarieda MP Dr Otiende Amollo posted on his X social media account.
Mr Wandayi also faulted the deployment saying that it was a blank check as there was no specific period within which KDF would be required to have concluded its task.
There are also no designated areas within which KDF officers are supposed to operate.
“Our view is that these are peaceful demonstrations by young Kenyans agitating for their rights against punitive taxation measures, runaway corruption in public sectors and denial of services to the poor majority as those in the political class wallow in opulence,” added the Ugunja MP.
His Alego/Usonga counterpart Sam Atandi said the deployment was a government affair.
“It is not parliament! It is Kenya Kwanza MPs who have approved the deployment of KDF. A big blunder! Thank God I am not part of this,” Mr Atandi posted on his X formerly Twitter.
The proceedings of the order were not posted on the National Assembly's social media platforms.
