In Summary
- Aden Duale, nominee for Environment, Climate Change, and Forestry CS, clarified he did not deploy the KDF during anti-Finance Bill protests.
- He emphasized that the intervention was in line with the Constitution, which allows the Defence CS to act when police are overwhelmed.
- Duale highlighted the threats to the Supreme Court and Parliament, stating KDF intervention prevented potential loss of lives.
- He commended the framers of the Constitution for including provisions that ensure national security and order.
Environment, Climate Change, and Forestry CS nominee Aden Duale has asserted that he did not deploy the Kenya Defence Forces (KDF) during the anti-Finance Bill protests. Speaking on Friday, Duale explained that the intervention was in accordance with the framers of the Constitution of Kenya, which allows the Defence CS to step in when the police are overwhelmed with securing the public.
Duale emphasized that the deployment of KDF was lawful, referencing Article 241 (3)(b) and (3)(c) of the Constitution. He elaborated on the various situations where KDF has been called upon, including fighting al Shabaab in Boni Forest, dealing with banditry in North Rift, and responding to terror attacks at Westgate and Garissa University.
"I did not deploy KDF. The framers of the Constitution put Article 241 (3)(b) and (3)(c) in the Constitution. So Kenya Defence Forces are in the streets, they are in Boni Forest fighting al Shabaab, they are in North Rift dealing with banditry, they were in Westgate during the terror attack, in Garissa University during the terror attack where we lost many people," Duale said.
He continued to explain that the intervention was necessary to maintain peace, public order, and public safety when the police were overwhelmed. He added that as the Defence CS at the time, it was his responsibility to enact subsidiary legislation and gazette the deployment.
"For peace, public order, public safety, where the police are overwhelmed Article 241 (3)(b) kicks in the function of the Minister for Defence, by then me. Once it kicks in I am supposed to do subsidiary legislation. I gazette," Duale explained.
Duale's comments came during his vetting by the National Assembly Committee on Appointments. He highlighted the threats faced by the Supreme Court and Parliament on the day of the protests, stating that without KDF intervention, many lives could have been lost, including those of MPs and the Speaker.
"That day the office of the Chief Justice and Supreme Court as an institution was under threat, Parliament and colleagues sitting here, if KDF did not come to assist, God forbid, many MPs could have died, including our Speaker," he said. "Parliament could have been burned. I will not be that irresponsible as a Minister of Defence with a provision of the Constitution."
Duale concluded by commending the framers of the Constitution for including Article 241 (3)(b) and (c), noting its importance in maintaining national security and order.
"I want to thank the framers of the Constitution, I participated, the Speakers participated, and many other members participated. It is today and that day, June 25, I realize how important Article 241 (3)(b) and (c) is," he said.
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