Kenya Defence Forces Can Still Be Deployed for Internal Security, CS Tuya

Kenya's Defence Cabinet Secretary Soipan Tuya informed the Senate that deployment orders issued on July 24, 2024, permitting the Kenya Defence Forces (KDF) to intervene in domestic unrest, remain in effect due to ongoing legal proceedings.

The orders, initially authorized by her predecessor Aden Duale, grant President William Ruto, as Commander-in-Chief, the authority to deploy military personnel in response to internal security threats, including scenarios resembling the "Gen Z protests" witnessed last year. Tuya’s statement comes in response to inquiries from Kitui Senator Enoch Wambua regarding the status of the deployment notice related to the 2024 protests against the Finance Act.

She clarifies that the deployment parameters, as defined in two gazette notices, are legally binding until the court case is resolved. Kisumu Senator Tom Ojienda has questioned the KDF's preparedness for internal security operations and the safeguards in place to protect civilian lives. Tuya emphasizes the KDF's support role, highlighting collaboration with the National Police Service and the National Intelligence Service.

She assures lawmakers that military operations are governed by stringent codes of conduct, joint operational guidelines, and oversight mechanisms mandated by the Constitution and the KDF Act of 2012. Addressing concerns about the constitutionality of military involvement in domestic security, Tuya cites specific provisions within the Constitution and the KDF Act that permit deployment in extraordinary circumstances. She outlines a structured process for such deployments, including prior authorization, gazette notifications, and mandatory reporting to the National Assembly to ensure accountability and transparency.

Tuya also dismisses media reports attributing claims about a thwarted coup to former Prime Minister Raila Odinga as "unfounded and reckless," adding that such narratives could escalate tensions. Nairobi Senator Edwin Sifuna had requested clarification on the report's implications for national security.
The KDF's deployment during the 2024 protests sparked considerable public debate, raising constitutional, legal, and ethical questions. While not unprecedented, the involvement of the military in internal matters highlights a tension between maintaining public order and respecting civilian oversight.

Tuya reiterates that the KDF is a versatile force capable of responding to both internal and external challenges. She emphasizes that any military engagement within Kenyan borders would adhere to established legal and procedural safeguards.