BY SAM ALFAN.
Kenya Defence Forces (KDF) says it will not deploy it soldiers to play any role in the management and Conduct of the general elections set for tomorrow.
In an affidavit by Brigadier Fredrick Lokia say that that threes no directive or order that has been issued to the Defense of Forces or its Units for Operations intended to disenfranchise Kenyans or a section thereof or to participate in the management of the elections.
“However the need to protect and safeguard the maintenance of national security as defined under article 238 1(1) remains an enduring tenant that cannot under any circumstances be abdicated to the detriment of Kenya’s, “says Lokia.
In his capacity as the chief of Operations, Lokia says CS ministry of Interior and Co-ordination of National Government and Cabinet Secretary Ministry of Defense have no powers to deploy the Kenya Defense under any circumstances.
He says that the joint exercise “Dumisha Utulivu” which was conducted publicly on 9TH June 2017 and 23rd June 2017 was a multi-agency exercise that was intended to train and evaluate the national security that include but are not limited to external threats such as the possible of activities of Al shabab.
“I verily believe that multi agency approach to national security is a constitutional imperative by virtue of Article 240(6)(a) of the constitution, “states Lokia
He was responding to a case in which NASA filed a case in which it is High seeking to stop the deployment of military for security operations during polls saying that it will scare away voters.
In the application NASA claims that deployment of military in specific areas without the approval of Parliament is illegal and aimed at intimidating voters and denying them the right to vote freely.
A three judge bench Judges Joseph Onguto, Chacha Mwita and……said that the urgency of the case raises serious constitutional issues which ought determination by the court. NASA during the hearing of the case said that the urgency seems to have been obliterated by the response of the KDF which has given an assurance that there is no intended immediate deployment of military during the elections.
However the question of when the military can be deployed remain a core question. The case will be heard on the 22nd of September.
