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MP Caleb Amisi accuses CS Duale of breaching the constitution

Saboti Member of Parliament (MP) Caleb Amisi has accused the Defence Cabinet Secretary (CS) Aden Duale of going against the constitution by involving the military in internal security matters.

Amisi, on Wednesday, June 26, 2024, said that the CS invoked the principle of national security by deploying the Kenya Defence Force (KDF) to help the National Police in the ongoing anti-Finance Bill protest.

The MP further stated that in situations of emergencies or disasters, military will only be deployed to assist other authorities after approval from the National Assembly.

“Duale has breached the constitution of Kenya by invoking 241 3(b) instead of 241 3(c) which requires approval of the National Assembly before deployment of Kenya Defence Forces. One day you will pay, however long it will take!” Amisi said.
Saboti MP Caleb Amisi. PHOTO/@Honcaleb amisi/X

Military Deployment

On Tuesday, June 25, 2024, Duale published a gazette notice notifying the deployment of KDF to manage the protesters of the ongoing countrywide anti-tax demos.

According to Duale, the deployment of the military will provide support to the national police in response to the security emergency caused by the demonstrators adding that the deployment complies with Section 34(2) of the Kenya Defence Forces Act.

The CS added that by infiltrating the National Parliament in Nairobi and destruction of properties the protesters caused unrest in the country.

“DEPLOYMENT under Article 241 (3) (b) of the Constitution of Kenya as read with sections 31 (1) (a), 31 (1) (c). 33 (1), 34 (1) and 34 (2) of the Kenya Defence Forces Act, (Cap. 199), the Kenya Defence Forces is deployed on the 25th of June 2024 in support of the National Police Service in response to the security emergency caused by the ongoing violent protests in various parts of the Republic of Kenya resulting in destruction and breaching of critical infrastructure Dated the 25th June, “Duale gazette notice reads.

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