LSK Responds to Ruto’s Presidential Address on Tuesday, sues Duale and The National Assembly over military deployment
LSK President Faith Odhiambo and other LSK members addressing the press at the Law Society of Kenya Headquarters
By Aoma Keziah and Cynthia Masibo,
In a fervent address to the nation today, the President of the Law Society of Kenya (LSK), Ms. Faith Odhiambo, voiced her concerns regarding the ongoing protests against the Finance Bill. She delivered a compelling message directed at President William Ruto, who addressed the nation yesterday.
Ms. Odhiambo expressed the LSK’s solidarity with Kenyans who have taken to the streets to oppose the Finance Bill, which has been a subject of intense debate and controversy. The bill, which aims to introduce new taxes and revise existing ones, has sparked widespread dissent among citizens who fear it will exacerbate the economic burden on already struggling households.
“The voices of Kenyans must be heard and respected. It’s sad that in the last 24hrs later, local hospitals are still overwhelmed by the number of injured persons with gunshot wounds. Bodies of young Kenyans lying in Nairobi and Nakuru morgues, yet no one from the government has offered help or answers.” She noted.
In her address, she critiqued President Ruto’s speech from the previous day, in which he defended the Finance Bill as a necessary measure for economic stability and development. She called for greater transparency and inclusivity in the decision-making process, urging the President to engage in open dialogue with all stakeholders, including civil society organizations and the general public.
“Mr. President, your address to the nation last night was not presidential at all ,you failed to wear the face of the prayerful man of God who was elected in August 2022. Your words lacked consoling taste of remorse from a father who has lost his family members. The young men and women killed yesterday are children of this great nation to which you are constitutionally mandated father.” Remarked Ms Odhiambo
The Law Society of Kenya (LSK) has further filed a legal suit against Defence Ministry Cabinet Secretary Aden Duale and Chief of Defence Forces Charles Kahariri. The case stems from the government’s controversial decision to deploy military forces to manage ongoing protests against the Finance Bill 2024.
In the legal documents presented to the High Court, the LSK accuses Duale of unilaterally deploying military personnel without adhering to the legal procedures required for such an action. According to the LSK, Duale’s decision bypassed necessary legislative and procedural safeguards, which undermines democratic principles and the rule of law in Kenya.
The protests, which have been largely peaceful, were sparked by widespread dissatisfaction with the proposed Finance Bill 2024. The bill, which seeks to introduce new taxes and increase existing ones, has faced strong opposition from various civil society groups, businesses, and the general public. Protestors argue that the bill will exacerbate the economic hardships faced by many Kenyans, especially in the wake of the COVID-19 pandemic and the rising cost of living.
Faith Odhiambo, President of the LSK, asserted that the protestors have remained unarmed and peaceful, negating any justification for military intervention. “The protests are a legitimate expression of dissent in a democratic society. The use of military force is both excessive and unwarranted,” Odhiambo stated.
In the lawsuit, LSK lawyer Chrysostom Xavier Akhaabi argued that Duale’s notice to deploy the Kenya Defence Forces (KDF) was hastily prepared and lacked a detailed justification. Akhaabi emphasized that there was no indication of an emergency situation that would necessitate military involvement. “The deployment of the KDF to manage unarmed civilians is a disproportionate response that violates both national and international legal standards,” Akhaabi added.
The case, which has been filed before newly appointed High Court Judge Andrew Bahati Mwamuye, seeks to challenge the legality of the Defence Ministry’s actions. The LSK contends that the deployment not only breaches the Kenyan Constitution but also international human rights laws that protect the right to peaceful assembly.
Article 241(3)(c) of the Kenyan Constitution stipulates that the deployment of the KDF in situations of civil disorder can only occur with the approval of the National Assembly. The LSK argues that this constitutional requirement was not met, rendering the deployment unlawful. Furthermore, the society claims that the government has not demonstrated that the protests posed a threat that the police could not manage.
The LSK’s move has garnered significant public support, with many Kenyans expressing concern over the increasing militarization of civil matters. Human rights organizations have also weighed in, warning that such actions set a dangerous precedent for the use of military force in civilian affairs.
In response to the lawsuit, the Defence Ministry has defended its actions, claiming that the deployment was necessary to maintain public order and protect property. However, critics argue that this rationale is insufficient and fails to address the core issue of legal compliance.
She also highlighted the role of the LSK in advocating for justice and upholding the rule of law. She reassured Kenyans that the society would continue to provide legal support to those participating in peaceful protests and ensure their rights are protected citing that they will stand firm in their commitment to uphold justice and protect the rights of all Kenyans and they will not waver in their duty to advocate for policies that promote fairness and equity.
The LSK President concluded her address by calling on the government to reconsider the provisions of the Finance Bill and work towards finding a solution that balances economic growth with the needs of the people. She emphasized the importance of unity and collaboration in overcoming the current challenges and building a prosperous future for all Kenyans.
The LSK’s lawsuit represents a pivotal moment in Kenya’s ongoing struggle to balance security and democratic freedoms. As the High Court deliberates on the case, the eyes of the nation remain fixed on the outcome, hoping for a verdict that upholds the rule of law and protects the rights of peaceful protestors.
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