‘KDF were not the frontline,’ Soipan defends military deployment during protests

Defence Cabinet Secretary nominee Soipan Tuya has clarified concerns surrounding the deployment of Kenya Defence Forces during the recent anti-government protests.

The former Environment CS who was recently swapped with her counterpart Aden Duale in the Defence docket says that the military is Constitutionally mandated to step up and restore unrest in the country if the National Police Service requires assistance.

Ms Tuya who spoke on Thursday when she appeared before the Committee on Appointments for vetting noted that the Constitution stipulates two instances when the armed forces can be deployed in the country.

In the first scenario, Tuya said that the KDF can be tasked to restore order or save lives, only in emergencies or natural calamities such as floods and earthquakes, where no parliamentary approval is required.

Under the aforementioned deployment form, the KDF is expected to swing into action first, and then file a report to parliament later.

Tuya noted that under this facet, the military is second to other security agencies since it only comes to offer assistance and is not in charge of the entire operation.

 “One core mandate of KDF is defence and protection of territorial integrity of the country as well as the country’s sovereignty.

"The other two key functions revolve around internal deployment which comes in two forms, a constitutional mandate of KDF Article 241 (3b) where they can come to assist and cooperate with other agencies in instances of emergency and disaster such as Mai Maiu floods,” she explained.

“Deployment happens then a report is made to parliament. It is also important to note that under this type of deployment, the KDF is not the frontline, the frontline is the other agencies eg the Northern Kenya deployment.”

The second form of deployment involves the military seeking authority from the parliament before undertaking any operation.

This, she pointed out that the KDF now takes control of the entire mission and if approved, takes the frontline as the other agencies offer assistance.

 “The other facet of deployment is Article 241 3C, an aspect of deployment which cannot happen without the authority of parliament,” she said.

“To keep peace in instances of instability in the country which cannot happen without the express approval of parliament and in that instance, the KDF take the frontline in terms of operations.”

According to Tuya, although the deployment around Parliament was perceived to be similar to the second facet where authority ought to have been sought first, the then CS Aden Duale invoked Article 241 (3b) by first tasking the armed forces to restore order before seeking the Parliament approval.

“The deployment happened around the assistance and cooperation of other agencies so it was not the 241(3c) where KDF takes the frontline. The CS did the deployment for KDF to assist the NPS and the following day came before parliament to seek authority for 241 (3c) but the 241 (3c) was never effected. The only effect was done on Article 241 3(b) on assistance,” she stated.

“Upon the court case which I think is still alive, the court-mandated parliament to expand on the scope, the nature and duration of deployment and that was done through a subsequent gazette notice which then gave a broader definition of the deployment across the country until the unrest situation was addressed.”

She further underscored that the slow nature of movement by the KDF was because KDF were not on the frontline, but was rather assisting the National Police Service.