24 November 2012

Kenya: Midiwo Sues State for Sending Army to Baragoi

JOINT Chief Whip Jakoyo Midiwo has challenged the government's decision to deploy soldiers to Baragoi in Samburu where ore than 40 police officers were killed by cattle rustlers two weeks ago.

In a petition filed at the High Court in Nairobi yesterday, Midiwo says the government acted too hastily in sending the KDF officers to calm the area without parliamentary approval.

The MP argues that by deploying the KDF to Samburu, Turkana, Baragoi and Garissa to quell civil unrest in absence of tangible evidence of unrest and without obtaining Parliament's approval, the government has not only contravened provisions of the constitution, but it is also risking the security situation of the entire country.

He says the involvement of the military "is not only unnecessary but dangerous to the fragile security situation in the regions". The whip has sued Internal Security minister Katoo ole Metito, his Defence counterpart Yusuf Hajji and Attorney General Githu Mungai.

Through the law firm of Rachier and Amollo, he is seeking for an order to compel the government to immediately remove the KDF from the regions pending hearing and determination of the case.

The MP is also seeking for an order to prohibit the government from continuing with further deployment. It is his contention that civilized states reserve the use of military force from the protection of territorial integrity and that it is only in exceptional cases that states permit's the use of military forces.

"In the view of the fragility of security situations in the country owing to the consequences of the just concluded war against al Shabaab coupled up with the impending general election, the national assembly should have been given the opportunity to debate the propriety of involving KDF in Baragoi and Samburu area," he says

The MP further says the deployment of KDF in Garissa has caused "untold suffering to ordinary citizens as the military force has engaged in shooting of innocent civilians ".

He says the military can only be involved in extreme and severe situations of anarchy complete lawlessness and armed insurrections that are beyond the controlling capabilities of police force.

According to him, the military are not trained to deal with cases of civil disorder and are therefore ill equipped to successfully and efficiently handle such situations.

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