KDF bill part of plot to turn Kenya into military State, say Opposition leaders

The proposed Kenya Defence Forces (KDF) bill has elicited criticism from Opposition leaders and representatives of the civil society, who have warned that if enacted, Kenya runs the risk of being turned into a military State.

The proposed law will give express authority to Chief of the Defence Forces to exercise command over KDF soldiers deployed for civilian operations within the country, locking out Inspector General of Police Joseph Boinnet from being in charge.

If the KDF (Amendment) Bill 2015 is enacted, the military might take over civilian operations as the situation in Rwanda, Burundi, Democratic Republic of Congo, Eritrea and Uganda.

KDF soldiers guard the bodies of slain Al Shabaab suspects outside Mpeketoni Hospital in Lamu on June 15. If the KDF (Amendment) Bill 2015 is enacted, the military might take over civilian operations. (PHOTO: FILE/STANDARD)

Defence Cabinet Secretary Rachyelle Omamo will not be involved in delegation of civilian functions to the chief of staff, despite being in charge of the line ministry.

The bill presently before the Committee on Defence and Foreign Relations chaired by Ndung’u Gethenji (Tetu) has been condemned by the public as an attempt to usurp the powers of the Constitution.

The Opposition has termed the bill as unconstitutional and vowed to challenge its legality in court. The bill attempts to repeal the entire Act by introducing new clauses and deleting others.

National Assembly Deputy Minority leader Jakoyo Midiwo (Gem), Opiyo Wandayi (Ugunja), Junet Mohammed (Suna East), Slyvannes Osele (Kabondo/ Kasipul), Peter Kaluma (Homabay Town), senators Mutula Kilonzo Jnr (Makueni) and Hassan Omar (Mombasa) have maintained that the proposed law is unlawful.

Kilonzo Jnr faulted the bill, arguing that though the drafters purport to ensure the smooth implementation of the Act, it is no the case.

“The bill seeks to remove the powers of Parliament over the Ministry of Defence, which is contrary to the Constitution, in particular, the requirement that the CS shall from time to time report to the Legislature,” noted the senator.

He continued, “This bill seeks to clip the powers of the CS in discharging constitutional duties and also attempts to sneak in the extension of the term of the Chief of the Defence Forces (CDF). It further provides for mandatory introduction of the discretion of the President to extend the term of the CDF by one year, which is suspect, unjustifiable and unlawful.”

The Law Society of Kenya (LSK) has also expressed its reservations on the bill and stated it needs to be re-looked into.

 “We have identified several clauses that should be rechecked. Today (yesterday), the LSK council met with the Solicitor General Njee Muturi and promised to present comments,” said LSK Chief Executive Officer Apollo Mboya.

However, Mr Mboya concurred with Mr Ndung’u that the proposal to extend the service of the CDF by one year by the President is positive.

 “The extension by one year is positive and it will prevent abuse of power by CDF. His term is checked and has limitation,” said Mboya.

Nevertheless, the CEO stressed on further consultations to ensure accountability of the military in recruitment and faulted the amendment to the law to avoid advertising recruitment, which is contrary to Articles 241 (4), which provides that the command should reflect regional and ethnic diversity.

 Increase graft

“The law shall direct and oversee the deployment of KDF as authorised under this Act and also develop criteria for the recruitment, promotion and transfer of members of the defence forces. The law abolishes the requirement for KDF to advertise for slots as per the counties but also the National Assembly to retain the oversight role in deployment operations,” it states.

 Kilonzo Jnr faulted the proposals to amend clause 28(3) by deleting provisions to have allocations to counties, saying delegated recruitment centres for all counties is not explained and is likely to reduce transparency and increase corruption.

 Wandayi censured the Government over the bill sponsored by National Assembly Majority Leader Adan Duale (Garissa Township), saying it is an attempt to change the character and form of KDF against the express provisions of the Constitution.

The bill provides for the establishment of an auxiliary reserve force, which will compromise Kenya Wildlife Service, Kenya Forest Service and National Youth Service (NYS) and will be deployed to serve alongside the forces.

 But Wandayi warned, “NYS is not recognised by the Constitution as part of the defence forces and co-opting it in a manner proposed by the bill amounts to amending the Constitution through the back door.”

 Wandayi added, “We shall oppose the bill in its entirety.”

 KDF has been criticised by the United Nations Human Rights Convention Against Torture and Cruelty over its operations in flushing out the Sabaot Land Defence Forces in Mt Elgon and in other parts of the country.