Defence CS responds to Senate concerns on the role of KDF in internal security 

𝐏𝐚𝐫𝐥𝐢𝐚𝐦𝐞𝐧𝐭 𝐁𝐮𝐢𝐥𝐝𝐢𝐧𝐠𝐬
𝐖𝐞𝐝𝐧𝐞𝐬𝐝𝐚𝐲, 𝟏𝟗𝐭𝐡 𝐌𝐚𝐫𝐜𝐡 𝟐𝟎𝟐𝟓

Defence Cabinet Secretary Soipan Tuya today appeared before the Senate to respond to a series of questions concerning the Kenya Defence Forces' (KDF) role in internal security, particularly in light of past civilian unrest. Senator Prof. Tom Ojienda, SC (Kisumu) spearheaded the interrogation during the Senate's morning sitting, pressing for clarity on the preparedness, legal framework and operational conduct of the KDF when dealing with domestic instability.

In her responses, CS Tuya emphasized that while the KDF primarily focuses on external threats, it retains full situational awareness and stands ready to act when internal threats escalate beyond the capacity of the National Police Service (NPS) and other civil security agencies.

“The Kenya Defence Forces is a National Security organ established under Article 239(1)(a) of the Constitution,” Tuya said. “While internal security is primarily the responsibility of the National Police Service and the National Intelligence Service, KDF can be deployed in support when threats to Kenya’s territorial integrity and sovereignty arise.”

The Senator had sought to understand the extent to which the KDF monitors the security situation within the country and its readiness to address potential unrest or instability. CS Tuya clarified that KDF's involvement in internal security is strictly governed by the Constitution, specifically Article 241(3)(b) and (c) and the KDF Act, which set clear parameters for when and how such deployments occur.

“KDF retains constant situational awareness through close collaboration and information exchange with relevant agencies. This ensures that the force is always prepared and capable of responding to national security threats,” she added.

Turning to the modalities for such involvement, Tuya outlined that deployments must be authorized by the President or National Security Council, gazetted within 24 hours and reported to the National Assembly for oversight. She elaborated that the Inspector General of Police oversees joint operations during emergencies while the Chief of Defence Forces takes command during peace restoration efforts.

“Any deployment must comply with constitutional standards relating to human rights, and KDF personnel are given appropriate training before engagement in internal operations,” Tuya stated.

Prof. Ojienda also questioned measures that the Ministry had instituted to ensure that the KDF could intervene in a timely manner to prevent civilian deaths, referencing the June to August 2024 demonstrations where several lives were lost amidst claims of police shortcomings.

In response, CS Tuya assured Senators that the KDF is always in a state of mission readiness and is strategically positioned to respond swiftly. However, she emphasized that the KDF remains a force of last resort only deployed when all other mechanisms are overwhelmed.

“Our Constitution and the KDF Act require clear protocols and approvals before deployment. Nevertheless, the KDF works closely with other security agencies, sharing intelligence to anticipate and prepare for any emergency,” she said. “We are deeply conscious of the need to safeguard civilian lives and property and any involvement is measured and proportionate.”

She further highlighted that all KDF personnel are governed by a strict code of conduct that upholds human rights, the Bill of Rights and other constitutional values.

“We strive for the highest standards of professionalism and discipline. KDF operates under Rules of Engagement that prioritize civilian protection, employing non-lethal methods whenever possible and using minimum force only when necessary,” Tuya added.

Other Senators, while asking supplementary questions sought further clarification on the legal framework governing the deployment of the Kenya Defence Forces (KDF) for civilian duties. They inquired about the specific circumstances under which it is deemed appropriate for the KDF to intervene and the extent of their involvement in addressing broader security concerns, including food insecurity.

The Lawmakers also requested clarity on the limitations placed on the KDF when handling security challenges as well as the safeguards in place to ensure that the KDF once deployed, do not overstep their mandate or attempt to take over the functions of government.

Cabinet Secretary Tuya addressed each concern satisfactorily, providing reassurance and reinforcing the government's position with the Deputy Speaker Kathuri Murungi lauding her for the forthright engagement with the House.