Deployment of KDF in Turkana unconstitutional, says Kajwang
05 November 2014, 22:56
Nairobi – Kajwang said the insecurity situation in Kapedo leading to deployment of KDF does not meet the provisions of Constitution’s Article 241(3c) which calls for National Assembly’s approval before military is deployed to restore peace at any part of the country affected by unrest or instability.
“The Kapedo operation is the responsibility of the four levels of police forces not the military whose responsibility is defense and protection of the sovereignty and territorial integrity of the republic as enshrined in Article 241 of the Constitution,” said Kajwang.
“The ideology of KDF and its training is to destroy and/or subdue the enemy while the police force which is to be in charge of the Kapedo operation is to investigate and apprehend the criminals. There is absolutely no justification for the deployment of any detachment of our Defense Forces on defenseless population of the Turkana women and children,” he added.
Also read: Five guns recovered as operation continues in Kapedo
The government’s move to unleash the full Force of KDF with tanks, helicopter gun-ships and missiles on Turkana civilians has been condemned by the Homa Bay senator who held that it is misuse of the military to wipe out the Turkana populations.
Citing Article 145 of the Constitution that envisages provisions for impeachment of the President, Kajwang said Uhuru Kenyatta risks impeachment for gross violation of the law in the illegal deployment of KDF.
“The President must be afraid of bad advice from members of the Armed Forces who want to become politicians. We are watching. I will be happy if the military was deployed in South Sudan, Somalia or Migingo where our enemies are than on its own soils,” said Kajwang.
He warned both President Kenyatta and the Chief of KDF, Julius Karangi, against attempting to politicise the military where he said the Force intends to brutalise the unarmed population.
The Homa Bay Senator also claimed that since the appointment of Karangi, he has led the KDF in disastrous adventures including the Westgate terror attack.
He condemned 'the rush and unlawful presence of his forces', saying it 'caused serious command complications' leading to more loss of lives and destruction of property.
“General Karangi must stop meddling in civilian security affairs and concentrate on his job as prescribed in the Constitution. The National Police Force is established to protect Kenyans against internal threats, their rights, freedoms, property, peace, stability and prosperity as per Article 238(1),” said Kajwang.
He challenged all people in authority especially those in public service to learn to exercise power in their positions of governance by adhering to the constitutional provisions.
The Kapedo killings of 24 Administration Police officers is allegedly caused by the government’s failure to resolve land issues the Turkana and Pokot communities have been conflicting on.
Kajwang was speaking at a press conference at Parliament Buildings.
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