Gazette notice: Why KDF can still occupy streets

The military still has a free hand to move their tankers to the streets to neutralise any civilian threats against the government of the day.

It has emerged the Gazette notice that allowed the deployment of the military following the Gen Z protests last year is still in force.

The disclosures came as Defence CS Soipan Tuya rubbished claims the military had plotted a coup on President William Ruto’s regime, following the June 25, 2024, deadly protests.

Speaking in the Senate chambers yesterday, Tuya said the Gazette notice that allowed for the deployment has not been lifted.

“No. The deployment has not been revoked,” Tuya told Senators.

The disclosures imply that President Ruto, who is the commander in chief of the Armed Forces has a free hand to unleash the military on civilians in the event of unrest, akin to the Gen Z protests.

The CS was responding to questions from the senators during the question-and-answer time at the plenary. 

Tuya cited ongoing court cases for the existence of the Gazette notice, more than seven months after the country regained calm.

She defended the deployment, saying it was not reckless but a well thought-out idea to support the police in restoring peace.

“But I would also want us to, again, remember that the deployment of June 2024, is in support of the National Police Service, just like the other secondary operations that are within the country.”

Kitui Senator Enoch Wambua sought to know whether the notice issued following the protests was still in force.

“When in July 2024, the KDF was unleashed on our streets, what battalion was released to the street? What was the mandate of their mission and the Gazette notice that released KDF to the streets? Has it been revoked or are they on the streets in perpetuity?” Wambua posed.

However, the CS declined to disclose details and mandate.

“What restricts me from answering your questions is the provision of the law on limitations of information under the KDF law. The questions on capacity and disposition of deployment fall under that limitation,” she said.

On June 25, 2024, angry, youthful protesters dubbed ‘Gen Z’ invaded Parliament in an unprecedented move.

The leaderless youth demanded the withdrawal of the Finance Bill 2024, that contained hiked taxes.

The government responded by asking the National Assembly to approve the deployment.

MPs, especially those leaning towards Kenya Kwanza, hurriedly approved the deployment.

Azimio MPs boycotted the session and later sued the National Assembly.

They argued that the deployment was irregular and procedurally infirm.

The law requires that the KDF only be deployed internally in case of a disaster or an emergency, which did not exist at the time.

On the claims the military had plotted an ouster, Tuya termed these as baseless, inaccurate and reckless.

The CS was responding to Nairobi Senator Edwin Sifuna, in relation to a report by a local daily alleging opposition chief Raila Odinga had rescued Ruto’s government from a military coup.