The National Assembly was thrown into turmoil yesterday as MPs exchanged blows during a heated debate on a motion to approve the deployment of the Kenya Defense Forces (KDF) to quell the increasingly violent protests against the controversial Finance Bill 2024.
The motion’s passage, conducted behind closed doors, has sparked significant political and legal controversy.
According to sources present, opposition MPs vehemently protested Speaker Moses Wetang’ula’s decision to expedite the motion without adequate debate. The uproar reached a boiling point when Seme MP James Nyikal attempted to seize the mace in a bid to halt proceedings. House orderlies intervened, forcing him back into his seat amidst a cacophony of shouts and accusations from both sides of the aisle.
The motion, spearheaded by Leader of the Majority Kimani Ichung’wa, was eventually passed with the support of approximately 100 MPs present in the chamber. The approval came just hours after Defense Cabinet Secretary Aden Duale issued a gazette notice authorizing the KDF’s deployment to assist the National Police Service (NPS) in managing the protests that have erupted nationwide.
“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 in support of the National Police Service in various parts of the Republic of Kenya affected by ongoing violent protests,” read the motion as approved.
The decision to deploy the military has been met with fierce opposition, both politically and legally. The Law Society of Kenya (LSK) quickly moved to challenge the deployment in court, filing a petition under a certificate of urgency. The LSK argues that there is no state of emergency under Article 58 of the Constitution, nor has President William Ruto declared any such state, which is a prerequisite for such a military deployment under Article 132(4)(d).
The LSK’s petition contends that the gazette notice contravenes the Constitution and poses a significant risk to the fundamental rights and freedoms of Kenyans who may wish to peacefully protest. “No emergency, disaster, insecurity, unrest, or instability has been officially declared to exist in Kenya, and it is beyond the mandate, scope, or capacity of the National Police or any other authority to warrant the deployment of the KDF to support the National Police,” the petition reads.
In Parliament, the atmosphere grew increasingly tense as MPs from both sides clashed over the motion. The conflict escalated when Budalangi MP Raphael Wanjala, who was attempting to raise a point of order, was interrupted by Gatundu South MP Gabriel Kagombe. Kagombe, in an unexpected move, crossed over from the government side and physically confronted Wanjala, allegedly throwing a water bottle at him in an attempt to disrupt his speech.
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