The Law Society of Kenya (LSK) has expressed strong disagreement with the recent ruling by Justice Lawrence Mugambi, which permits the deployment of the Kenya Defence Forces (KDF) to support police operations. The decision has sparked significant debate and concern among legal professionals and the broader public.
In a statement issued shortly after the court’s decision, LSK President Faith Odhiambo voiced the organization’s apprehension, suggesting that allowing the KDF to intervene in civilian policing matters could set a troubling precedent for the nation. “The deployment of the Kenya Defence Forces to assist the police is a matter of grave concern. It not only blurs the lines between military and civilian roles but also threatens to undermine the established legal and constitutional frameworks that govern the use of military force within our borders,” Odhiambo stated.
Justice Mugambi’s ruling, which came in response to a petition filed by the government, allows for the KDF to be deployed in instances deemed necessary to maintain law and order. The government argued that the move was essential to address escalating security challenges that the police force alone could not effectively manage.
However, the LSK has raised questions about the implications of this decision on civil liberties and the potential for abuse of power. “The involvement of the military in civilian matters must be approached with utmost caution. We are concerned about the potential for human rights violations and the erosion of democratic principles,” Odhiambo added.
The LSK has indicated that it will review the full judgment before deciding on its next steps. The organization is considering various options, including appealing the decision or engaging in dialogue with relevant stakeholders to address the concerns raised by this ruling. “We urge all parties to respect the rule of law and ensure that any actions taken are in the best interest of the country and its citizens,” Odhiambo emphasized.
The debate over the deployment of the KDF highlights the ongoing struggle to balance security needs with the protection of civil rights in Kenya. As the LSK prepares to deliberate on its next course of action, the ruling continues to be a focal point of national discourse, drawing attention to the broader issues of governance, security, and the rule of law.
The LSK’s stance underscores the critical role of legal institutions in safeguarding democratic principles and ensuring that the use of military force remains strictly regulated and transparent. As the country awaits further developments, the outcome of this debate will likely have far-reaching implications for Kenya’s legal and political landscape.
