Former Defence Cabinet Secretary Aden Duale has disclosed that the country would have been thrown into a major crisis if the Kenya Defense Forces were not deployed to assist police at the height of anti-government protests in June.
While defending the decision to call in men and women in the military to the streets at the time, Duale said their deployment did not just restore law and order but stopped the loss of many lives including by elected leaders who he said had been targeted by criminal elements who were hiding behind the protests largely led by youth.
“That day the office of the Chief Justice and the Supreme Court as an institution was under threat and attack. Parliament and Colleagues sitting here, if KDF did come to assist other security agents, God forbid, many Members of Parliament could have died, including our Speaker. Parliament could have been burnt,” he said
“I will not be that irresponsible as a Minister of Defence with a provision of the Constitution (not to have acted)…..I want to thank the framers of the Constitution for inserting Article 241 3(b) and 3(c) on KDF deployment,” he remarked
According to Duale, the framers of the Constitution introduced Article 241 3(b) and 3(c) for a reason. He cited instances where KDF have been deployed in areas such as Boni Forest to fight Al Shabaab, North Rift region to deal with banditry, Westgate during the terror attack, and Garissa University during the attack by Al Shabaab.
“For peace, public order, public safety, where the police are overwhelmed the article in the Constitution (241, 3b and c) kicks in. The function of the Minister for Defense is supposed to do certain subsidiary legislation, to Gazette, which I did,” explained Duale
He expressed satisfaction that the Constitution (Article 132) obligates the President as the Chair of the National Security Council to protect the other arms of government. He reiterates that measures put in place during protests, specifically having the military intervene, were well-informed and ought to be supported by all.
“Ours was to protect key institutions. Parliament is a symbol of democracy and governance. It’s the home of the people’s representatives,” he said
