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Government denies plot to deploy KDF soldiers without MPs say

17 July 2014, 10:26 William Korir

Nairobi - The government has denied an alleged plot to move legislation which will allow them deploy KDF soldiers within the country's borders without parliamentary decree.

The government has been accused by some members of parliament as well as sections of the civil society of plotting to bypass parliament in seeking internal deployment of KDF soldiers.

In a letter addressed to the press and signed by defence principal secretary Monica Juma, the government alleges that the reports are untrue and are meant to have them seen in bad light.

" The Kenya Defence Forces upholds the Constitution which provides under Article 241(3) (a) that Kenya Defence Forces are responsible for defence and protection of the sovereignty and territorial integrity of this Republic, the statement reads in part.

It further states that deployment of the Kenya Defence Forces for internal operations is governed by constitutional provisions article 241 (3) (b) and (c) that provides that Kenya Defence Forces shall assist
and co-operate with other authorities in situations of emergency or disaster and report to the National Assembly whenever deployed in such circumstances.

It also states that according to article 241(3) (c) which provides that Kenya Defence Forces may be deployed to restore peace in any part of Kenya affected by unrest or instability only with approval of the National Assembly and that the foregoing provisions are accordingly anchored in the Kenya Defence Forces Act (No. 25 of 2012) in line with the constitutional requirements under sections 8(1)(b) and
(c), Section 31 (b) and (c), Section 33(1) and (2) and 8(4).

" The Kenya Defence Forces Act further provides for mandatory publication of gazette notices upon approval to deploy and stringent reporting to the National Assembly under sections 8(3) and (4), Juma says.

" In this regard therefore, we wish to categorically state that the Ministry of Defence (MoD) has not moved and has no intention to move any amendment of the law that would be contrary to the Constitution as alleged. It is important also to note that an Act of Parliament cannot amend Constitutional provisions and in any case pursuant to Article 2(4) of the Constitution any law that is inconsistent with provision of the Constitution would be rendered void. The Ministry of Defence remains steadfast in executing its mandate to defend and protect the sovereignty and territorial integrity of the Republic of Kenya within the confines of the Constitution, it finishes.

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