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"id": 1545322,
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"content": "Question No.024"
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"id": 1545323,
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"content": "INVOLVEMENT OF KDF IN INTERNAL SECURITY MATTERS"
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{
"id": 1545324,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545324/?format=api",
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"type": "speech",
"speaker_name": "Sen. Sifuna",
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"id": 13599,
"legal_name": "Sifuna Edwin Watenya",
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"content": "Mr. Speaker, Sir, the Senator for Kisumu has assured me that he is not more than five minutes away, but we cannot keep the House waiting. So, I will proceed to ask the questions on his behalf. This is Question No.024 by the Senator for Kisumu County, Sen. (Prof.) Tom Odhiambo Ojienda, SC- Mr. Speaker, Sir, I beg to ask the following three questions to the CS for Defence- (1) Could the Cabinet Secretary clarify whether the Kenya Defence Forces (KDF) monitors the security situation within the country and indicate the state of preparedness of the KDF to address potential instability or civilian unrest? (2) What are the modalities for the involvement of KDF in internal security matters and how does KDF balance the internal security needs of the state and the sanctity of civilian lives when dealing with internal instability or unrest? (3) What measures has the Ministry put in place to ensure that future involvement of KDF in addressing instability or civilian unrest is timely to avert civilian deaths that may arise from the shortcomings of the National Police Service (NPS) as was witnessed during the June, July and August, 2024 demonstrations? I thank you."
},
{
"id": 1545325,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545325/?format=api",
"text_counter": 110,
"type": "speech",
"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Hon. Cabinet Secretary, you may proceed to respond."
},
{
"id": 1545326,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545326/?format=api",
"text_counter": 111,
"type": "speech",
"speaker_name": "Hon. Soipan Tuya",
"speaker_title": "The Cabinet Secretary for Defence",
"speaker": {
"id": 926,
"legal_name": "Roselinda Soipan Tuya",
"slug": "roselinda-soipan-tuya"
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"content": " Mr. Speaker, Sir, allow me to say that I am glad to be back in this House in my new role as the Cabinet Secretary for Defence. It is obviously because I like to associate myself with the Senate, having been a Member, though very briefly. I will go straight to respond to the questions raised by Sen. (Prof.) Tom Ojienda, the Senator for Kisumu County. I will not repeat the questions as have been already espoused by the Senator for Nairobi. I will start by stating that the mandate of KDF, as defined in the Constitution, is in three parts. I am referring to Articles 241(3)(a)(b) and (c) of the Constitution. The three parts are within which the mandate of KDF is defined, the first one being the primary mandate. That is defence and protection of the sovereignty and territorial integrity of the Republic of Kenya. Mr. Speaker, Sir, you will allow me to call the other two parts as secondary mandates of the KDF which are as follows: To assist and cooperate with other authorities in situations of emergency or disaster and deployment of the KDF to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly. Mr. Speaker, Sir, that is what I will start by bringing to the fore, and whereas the questions asked by the Senator of Kisumu County may look very obvious, these are The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1545327,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545327/?format=api",
"text_counter": 112,
"type": "speech",
"speaker_name": "Hon. Soipan Tuya",
"speaker_title": "The Cabinet Secretary for Defence",
"speaker": {
"id": 926,
"legal_name": "Roselinda Soipan Tuya",
"slug": "roselinda-soipan-tuya"
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"content": "issues which are very pertinent and of great public concern by Kenyans. In many instances, we have had Kenyans asking why or how the Kenya Defence Forces (KDF) is deployed concerning matters of internal security. On the first question, on the need to clarify whether the KDF monitors the security situations within the country, and indicate the state of preparedness in the KDF to address potential instability or civil unrest; the KDF is one of the three national security organs established under the Constitution. This is in addition to the National Police Service (NPS) and the National Intelligence Service (NIS). Our Constitutio defines national security to include the protection against internal and external threats to Kenya's territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability, and prosperity, as well as other national interests. Mr. Speaker, Sir, by dint of that constitutional definition of what national security is, and being that the KDF is part of the three national security organs, therein lies the role of KDF in matters of national security. Whereas the primary responsibility for internal security lies with other specialized agencies, and these are the NPS and the NIS, where internal threats to the territorial integrity and sovereignty of Kenya arise, the Constitution then makes provision for instances when KDF may be deployed internally. It, therefore, follows that for KDF to effectively discharge this mandate of involvement in internal security matters, it must retain situational awareness of internal security issues at all times. Since the KDF will mainly work in support of other agencies concerning internal security matters, the force then has to closely collaborate and regularly exchange information with the relevant agencies. Again, in response to this question of whether the KDF monitors internal security matters; when you look at the design of the National Security Council (NSC) as established by the Constitution, the KDF is a member through me as the Cabinet Secretary for Defence and the Chief of the Defence Forces. The House does know that the NSC involves all the security agencies and organs of this country and that, therefore, mandates the KDF to work very closely in coordination and cooperation with other security agencies. We also have the National Security Council Committee, where we have the KDF represented. This security committee is the supportive arm of the NSC. Additionally, it follows that because of the involvement of KDF in these very crucial national security units, that indeed we have a pulse at each and every aspect of the internal security of the country. At this point, for clarity, I will move on to the question of the instances of the deployment of KDF. Article 241(3)(b) of the Constitution speaks to the collaboration between KDF and other security agencies. An example of this deployment is the Operation Maliza Uhalifu in the North Rift, as well as the Northern Eastern Region Operation. Of course, of keen interest is the deployment of June 25th, which again falls under Article 241(3)(b), where KDF was deployed to offer support to the NPS to deal with the unrest that the country went through at that point. An example of a deployment of KDF to respond to that is provided under Article 241 (3)(c), which is to restore peace in any part of Kenya. This is where the express authority of Parliament has to be sought. An example of that is the Operation Amani Boni, which is currently ongoing. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1545328,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545328/?format=api",
"text_counter": 113,
"type": "speech",
"speaker_name": "Hon. Soipan Tuya",
"speaker_title": "The Cabinet Secretary for Defence",
"speaker": {
"id": 926,
"legal_name": "Roselinda Soipan Tuya",
"slug": "roselinda-soipan-tuya"
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"content": "I will come back to how the KDF operates within these deployments later on, but allow me to go to question two, which asks, what are the modalities for the involvement of KDF in internal security matters? Aside from the provisions of the Constitution, we have the Kenya Defence Forces Act, which elaborately enumerates requirements for KDF participation in internal security operations. Under the Constitution, the KDF is strictly bound by the principles of national security as defined under Article 238 of the Constitution, which is that they have to be subject to the authority of the Constitution and Parliament and that the national security activities must be carried in strict compliance with the law and with utmost respect for the rule of law, and that in performance of its functions and exercise of their powers, the KDF shall respect the diverse culture of the communities within Kenya. Again, on the modalities, under the KDF Act, the Cabinet Secretary at any one time is required to furnish the National Assembly with reports on deployments under Article 241(3)(b) and (c) as I have already stated. These reports to Parliament are required to have the details as to the reason for deployment, the place and duration of deployment, as well as the expenditure to be incurred. Mr. Speaker, Sir, where KDF is deployed to restore peace in areas affected by unrest, that is under Article 241 (3) (c), the Chief of the Defence Forces is responsible for the administration, control, and overall superintendence of the operation. However, where KDF is deployed in a joint operation in support of the NPS and other authorities in situations of emergency, the Inspector General of the NPS shall be responsible for the control and overall superintendence of the operations. To bring it closer home, an example of Operation Amani Boni, the Chief of the Defense Forces is responsible for the administration, control and overall administration. In the other examples given, Operation Maliza Uhalifu in the North Rift, the Inspector General of Police is responsible for the control and the KDF just comes in to offer support. Mr. Speaker, Sir, to focus on the internal deployment in support of the National Police Service (NPS), other statutoty regulations and measures need to be instituted, which include- (1) Compliance with the Constitutional standards requirement for the Cabinet Secretary to, within 24 hours, issue a notice in the Gazette on the commencement of such deployment and do the same upon discontinuation. (2) Deployment and discontinuation may be performed only in areas and places where the National Security Council (NSC) and the President may determine. The areas of deployment cannot therefore, be arbitrary. They are guided by the NSC accordingly. There is a code of conduct that must be adhered to, which details the operational procedures and regulation of the defence forces. The law also stipulates that in such deployments in support of the NPS, the Kenya Defence Forces (KDF) personnel shall have same powers and exercise same duties as those of the NPS members. The KDF personnel are also required to undergo prior training before deployment. I will move to Question (c) on what measures the Ministry has put in place to ensure that the future involvement of KDF in addressing instability or civilian unrest is timely to avert death that may arise from the shortcomings of the other national security institutions. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
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"id": 1545329,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545329/?format=api",
"text_counter": 114,
"type": "speech",
"speaker_name": "Hon. Soipan Tuya",
"speaker_title": "The Cabinet Secretary for Defence",
"speaker": {
"id": 926,
"legal_name": "Roselinda Soipan Tuya",
"slug": "roselinda-soipan-tuya"
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"content": "In response to Question (c), the KDF is structured to ensure continuous state of mission readiness, allowing for swift and effective response to both external and internal threats when the need arises. However, its participation in internal security operations are carefully guided by the Constitution and the KDF Act, which specify notifications through gazette notice, authorization to be sought prior to the deployment and the mandatory reports to be furnished to the National Assembly and close collaboration and cooperation with the necessary security institutions. Question (d) on how the KDF balances the internal security needs of the state and the sanctity of civilians' lives when dealing with internal instability or unrest, the involvement of KDF in internal security matters, as I have said, is governed under the Constitution and the KDF Act. Section three of the Act provides that KDF shall, in fulfilling its mandate, observe and uphold the Bill of Rights, values and principles under the Constitution in terms of striving for the highest standards of professionalism and discipline among its members. KDF is also to comply with constitutional standards of human rights and fundamental freedoms and dignity, as well as the requirement for sufficient training of staff before such deployments. Guided by the foresaid constitutional and statutory dictates, the KDF is deeply committed to professionalism and operates within customary rules of engagement that prioritize the protection of civilians. This approach entails the employment of non-lethal methods whenever possible and the use of minimum force consistent with the achievement of the mission in accordance with the laid-out standard operating procedures. I thank you, Mr. Speaker, Sir."
},
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"id": 1545330,
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"text_counter": 115,
"type": "speech",
"speaker_name": "The Speaker",
"speaker_title": "",
"speaker": null,
"content": "(Hon. Kingi) Hon. Tom Ojienda, you may ask your two supplementary questions."
},
{
"id": 1545331,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1545331/?format=api",
"text_counter": 116,
"type": "speech",
"speaker_name": "Sen. (Prof.) Tom Odhiambo Ojienda, SC",
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"speaker": null,
"content": "Thank you, Mr. Speaker, Sir. I have a follow-up supplementary question. Let me thank the Cabinet Secretary for Defence, Hon. Soipan Tuya, for the response to the structured questions. However, I want her to highlight one question. There is no doubt reference is made to parliamentary approval for intervention and to keeping with the tenets under Article 241(3) of the Constitution and the involvement of the NSC where there are threats for internal intervention. I want the Cabinet Secretary to clarify, and this is a delicate line, between inability of the NPS to deal with internal strife and the point at which the KDF will intervene. When answering question (c), you have not dealt with the question of threshold. At what point is it deemed fit for KDF to intervene when there is a real threat and the NPS is unable to contain it? I am asking this because at times an intervention can be a little too late. Lastly, Madam Cabinet Secretary, I have seen other jurisdictions like Burkina Faso where security is interpreted to include food security, security in a wider sense. The KDF of that country spends most of its time in food production and other activities other than just staying in the barracks until there is a threat of security to the country. Is there anything that we can do to ensure that our forces do other things to ensure that we take care of the other security issues other than simply fighting? The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}
]
}