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{
    "id": 339438,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/339438/?format=api",
    "text_counter": 10,
    "type": "speech",
    "speaker_name": "Mr. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "1 Thursday, 13th December, 2012(P) (b) shall assist and cooperate with other authorities in situations of emergency or disaster, and report to the National Assembly whenever deployed in such circumstances; and (c) may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly.” Hon. Members, as I observed on Tuesday 4th December, 2012 last week, it is in the public domain that the issue as to whether or not the involvement of the Kenya Defence Forces relates to one or other scenario envisioned under Article 241(3) (b) and (c) of the Constitution, is a matter that is currently pending before the High Court in High Court Petition No 538 of 2012 (Washington Jakoyo Midiwo versus The Minister of Internal Security, The Minister of Defence and the Attorney-General). As I promised then, I would only be in a position to pronounce myself on the matter raised by Hon. Midiwo, after perusal of the pleadings in Court bearing in mind the principle of sub judice . Hon. Members, may I take this opportunity to remind the House of the principles of national security as set out in Article 238, (2) (a) and (b) of the Constitution which are as follows: “(2) The national security of Kenya shall be promoted and guaranteed in accordance with the following principles- (a) national security is subject to the authority of this Constitution and Parliament; (b) national security shall be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights and fundamental freedoms.” The Constitution has, in order to safeguard the rule of law, democracy, human rights and fundamental freedoms, laid a clear process on how our Defence Forces may be deployed. It behoves all State organs to be alive to these principles in the deployment of the Kenya Defence Forces. The issues raised by Hon. Midiwo are weighty and the manner in which they are dealt with will set the precedent and form a firm basis on how such deployment should be undertaken. Article 241(3)(b) and (c) anticipate that it is for the National Government after assessing the security situation to either deploy the Defence Forces to assist and cooperate with other authorities in instances of emergency or disaster and report to the National Assembly or deploy them to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly. The National Assembly will, using its Rules of procedure, facilitate the National Government to have the matter deliberated upon by the House. Turning to the matter in Court, in his petition dated the 22nd of November, 2012, the Hon. Midiwo (petitioner) seeks the following declarations, amongst others, from the High Court: (a) A declaration that the 1st, 2nd and 3rd respondents have contravened the provisions of Article 241(3)(c) of the Constitution of the Republic of Kenya by deploying the Kenya Defence Forces to Baragoi, Samburu, Turkana and Marsabit areas without obtaining Parliamentary approval for the deployment; (b) A declaration that the 1st, 2nd and 3rd respondents have contravened the provisions of Article 241(3)(c) of the Constitution of the Republic of Kenya by deploying the Kenya Defence Forces to Baragoi, Samburu, Turkana and Marsabit areas in the"
}