On Thursday, June 27, 2024, the High Court issued a major decision upholding the deployment of the Kenya Defence Forces (KDF) in response to recent anti-Finance Bill protests.

Justice Lawrence Mugambi determined that military intervention was required to protect the public and critical infrastructure.

“The continuation of the military in assisting the police is necessary to preserve order, peace, and public safety, and protect critical infrastructure. It is upheld as in line with the provisions of the constitution and relevant statutes,” Justice Mugambi stated.

However, the judge ordered the government to explicitly specify and publish the scope, duration, and areas of military intervention within two days in order to reduce public panic and restore public confidence in the preservation of civil liberties during the military engagement.

“The terms of engagement, duration of engagement, and areas of engagement must be clearly defined and gazetted within the next two days,” Mugambi ordered.

The judge also ruled that the court would retain the authority to review the deployment of KDF if any challenges arise regarding the military action.

“The court shall retain residual powers and remain open to receive and address any complaints of violations for the duration of the military intervention,” Mugambi added.

The verdict was issued in response to a petition submitted by the Law Society of Kenya (LSK).

LSK President Faith Odhiambo highlighted Article 241 of the constitution, which states that the KDF can only be deployed in emergencies, disasters, or incidents of unrest.

Odhiambo claimed that the government had failed to clarify if the military deployment in Nairobi was intended to resolve an emergency or civil disturbance.

“There has been no indication of unrest,” Odhiambo asserted, questioning the necessity of the military deployment.

The LSK claimed that Defense Cabinet Secretary (CS) Aden Duale published a gazette notice approving the KDF deployment before receiving legislative approval, thereby breaking constitutional norms.

The LSK said that the notice should have been provided within 24 hours of legislative approval, but the permission process started after the KDF had already been deployed.

The state defended its actions, claiming that the gazette notice issued by CS Duale met the legal requirement of being issued within 24 hours.

Demonstrators in Kenya’s major towns continued their anti-government rallies on Thursday, June 27, 2024, despite President William Ruto’s decision not to sign the controversial Finance Bill into law on Wednesday, June 26.

In Nairobi, highly armed KDF personnel were seen keeping watch from atop an armored vehicle while demonstrators carried out their planned rallies.