The National Assembly turned into a boxing arena yesterday as MPs exchanged blows during the motion to approve the deployment of the Kenya Defense Forces (KDF) to quell the increasingly violent anti-Finance Bill protests.
During the session, which was conducted in camera without any recordings, sources revealed that opposition MPs protested Speaker Moses Wetang’ula’s decision to allow the government side to proceed with the motion without much debate.
Earlier, Defense Cabinet Secretary Aden Duale had released a gazette notice authorizing the deployment of KDF to assist the National Police Service (NPS) in containing the protests. The bill’s passage came just hours after this announcement.
“That, pursuant to Article 241(3)(c) of the Constitution and sections 31(1)(b), 31(1)(c) and 32 of the Kenya Defence Forces Act, Cap. 199, this House accedes to the request of the Defence Council dated 26th June 2024 and, in the interest of national security, approves the deployment of the Kenya Defence Forces (KDF) in support of the National Police Service in various parts of the Republic of Kenya affected by ongoing violent protests that have caused destruction to critical infrastructure until normalcy is restored.” Read the motion
But even as the MPs approved the deployment, the Law Society of Kenya (LSK) rushed to court to challenge the move.
Under a certificate of urgency, LSK sought the suspension of the decision pending hearing and determination of the case
In the petition, LSK added that there is no state of emergency under Article 58 of the Constitution that has been declared by the President exercising his constitutional mandate under Article 132 (4) (d) of the Constitution.
The lawyers’ body argued that the gazette notice is contrary to the Constitution and poses a huge threat of violation of the fundamental rights and freedoms of many Kenyans who may wish to exercise their right to peacefully protest within the confines of the Constitution and the law.
“No emergency, disaster, insecurity, unrest or instability, has been officially declared to exist in Kenya, and to be outside the mandate, scope or capacity of the National Police or any other authority to warrant the deployment of the KDF to provide support to the National Police in the manner envisaged in the Impugned Gazette Notice.” Read the petition.
In Parliament, MPs who were in the chamber but did not want to be named revealed that the chaos in parliament started after Seme MP James Nyikal protested after being denied a chance to contribute to the motion and tried to grab the mace to paralyse house proceedings but was not successful after orderlies present in the chamber grabbed him and forced him to sit down.
This however did not stop there as Budalagi MP Raphael Wanjala also rose on a point of order demanding that he be allowed to speak but was interrupted by Gatundu South MP Gabriel Kagombe who sources claimed threw a water bottle at him for trying to disrupt an otherwise peaceful session.
Kagombe had crossed over from the government side and went to the opposition side where he attacked Wanjala.
