By Seliphar Machoni
Former Defence Cabinet Secretary Aden Duale has disclosed that the country would have faced
a major crisis if the Kenya Defence Forces had not been deployed to assist the police during the
height of the anti-government protests in June.
Defending the decision to call in the military, Duale stated that their deployment not only
restored law and order but also prevented the loss of many lives, including those of elected
leaders who, he claimed, were targeted by criminal elements hiding behind the largely youth-led
protests.
"On that day, the office of the Chief Justice and the Supreme Court as an institution were under
threat and attack. Parliament, too—if the KDF had not come to assist other security
agents—could have seen many Members of Parliament die, including our Speaker, and
Parliament could have been burned," he said.
“I would not have been so irresponsible as a Minister of Defence with a constitutional provision
(not to act)…. I want to thank the framers of the Constitution for including Article 241 (3)(b) and
(3)(c) on KDF deployment,” he remarked.
Duale pointed out that the framers of the Constitution included Article 241 (3)(b) and (3)(c) for
specific reasons. He cited previous instances where the KDF were deployed, such as in Boni
Forest to combat Al Shabaab, the North Rift region to address banditry, Westgate during the
terror attack, and Garissa University during an Al Shabaab attack.
“For peace, public order, and public safety, where the police are overwhelmed, this article in the
Constitution (241, 3(b) and (c)) is invoked. The function of the Minister for Defence is to carry
out certain subsidiary legislation and Gazette notices, which I did,” explained Duale.
He expressed satisfaction that the Constitution (Article 132) obligates the President, as Chair of
the National Security Council, to protect the other arms of government. Duale reiterated that the
measures taken during the protests, specifically the military's intervention, were well-informed
and should 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.
