House to debate deployment of soldiers to areas hurt by bandits

The move follows the president's order on Monday that KDF join police in the fight against bandits in parts of North Rift, where 100 civilians and 16 police officers have lost their lives in the last six months.

Ruto issued a three-day amnesty for all who would surrender illegal firearms as Interior Cabinet Secretary Kithure Kindiki ordered a dusk-to-dawn curfew in bandit hotspots.

On Monday, Duale communicated the deployment in a gazette notice, stating the it would take place today.

"...the Kenya Defence Forces shall be deployed in support of the National Police Service in response to the security emergency in Turkana, West Pokot, Elgeyo Marakwet, Baringo, Laikipia and Samburu counties caused by rampant incidents of banditry," he said.

The request was made to Parliament in line with the Constitution, which requires Parliament approves the deployment of KDF officers before they embark on such operations.

Duale's gazette elicited reactions, with Gilgil MP Martha Wangari faulting the move in an interview with Spice FM.

"I am treating this (the gazette notice) as a rumour ... but it should be approved," said Ms Wangari, who sits in the Defence Committee.

She said parliamentary approval was critical as the Defence committee assesses the budgetary implications of such operations and their impact on local communities.

The question of the series of events, whether the approval should precede the deployment, has always been an issue whenever soldiers are deployed to domestic and foreign missions.

"The Defence Forces may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly," Article 241 (3) of the Constitution states. The law only exempts the government from seeking prior approval from Parliament when deploying the KDF in response to emergencies and disasters, only requiring that they report to the august House.

Lawyer Bobby Mkangi describes the approval by Parliament as a checking mechanism to ensure the president does not abuse the provision of KDF deployment.

"The KDF's primary construct is to defend Kenya's territorial integrity against external aggressors. If the commander-in-chief wants to deploy them internally, he must come to wananchi and tell them why and seek the approval of their representatives," Mr Mkangi, who participated in writing the Constitution, said.

In recent deployment of soldiers to the Democratic Republic of Congo, MPs wondered why KDF officers had been deployed before Parliament had given its approval.

In November last year, Tiaty MP William Kamket questioned the deployment of KDF to the strife-torn nation a day before Duale made a formal request.

National Assembly Speaker Moses Wetang'ula would rule that Parliament's approval could come before or after the deployment.

"Deployment of troops in an emergency situation is not a leisure walk but an emergency and the role of Parliament is to approve the deployment either before or after as long as it can help to deal with the situation a country desires it to deal with," said the Speaker.

But Mkangi faulted Wetang'ula's assertion. "Kenyans were very clear in saying that before you deploy KDF you must seek approval. If the approval comes after the deployment it simply means there was no approval," he stated.

Duale had communicated that the deployment of KDF soldiers would happen today, meaning the exercise could, potentially, go ahead without parliamentary approval.

Koech did not state when his committee would conclude the request and table its report in Parliament for ratification. The Defence committee processed the approval of KDF soldiers to the DRC within two days, after which Parliament approved its report.

According to Section 33 (3) of the KDF Act, 2012, the Inspector General of police "shall be responsible for the administration, command, control and overall superintendence of the operation," meaning IG Japhet Koome will be in charge of the planned operation against bandits.

According to a press release from the Interior ministry titled 'Amendment of the public order number 1 and 2 of 2023 on disturbed and dangerous areas' under Samburu County, Kirisia division is excluded. Malaso, Baragoi and Wamba divisions are included. Sipili division in Laikipia County is included in disturbed areas.

The statement also clarified that the operation in the areas specified is police-led with assistance from the military within the remit of Article 241 of the Constitution." As such no prior approval of the National Assembly is required as would be the case for a military-led operation."

Security expert George Musamali faulted the deployment of KDF to North Rift, saying it would achieve short-term results but fail to find a long-term solution.

"The government is reacting to public noise calling for military deployment. Do they have operational orders? The KDF must have a clear end in sight," he said, citing previous military interventions that achieved little success.

"We have a habit of classifying areas as dangerous and disturbed and using force without much fruit. In 1984, the late Joseph Nkaissery led Operation Nyundo against Pokots. He was dealing with same issues when he was the Interior minister later," the former General Service Unit officer said, pointing at the North Rift challenge as one driven by scarce resources and exacerbated by perennial government marginalisation.

"The government is focusing on the bandits, who may just be two per cent of locals and not the community. The operations only work to group the entire community as bandits, which leads to the displacement of people and disruption of their activities," he said.

"The people in those areas enjoy little government services. The only face of a government they know is the one that launches countless operations and threatens them with ultimatums. They depend on the bandits who steal cows and spend the money within the community," Musamali added, proposing that KDF be deployed to welfare operations such as constructing roads, drilling boreholes and building medical facilities.

This won't be the first time the KDF would be deployed to support police efforts against bandits. In November 2014, former Chief of Defence Forces (CDF) Gen (Rtd) Samson Mwathethe, then the vice-CDF, announced the deployment of troops to Kapedo, following an attack that killed 21 police officers.

Amid questions of approval, Mwathethe would cite a go-ahead issued by Parliament in December 2013 that allowed the deployment of soldiers in volatile regions of northern Kenya.