House Speaker Kenneth Marende has declined to rule on whether the deployment of the military in Baragoi and Garissa following the killing of 42 police officers was constitutional.

Marende refused to rule on the matter raised by Gem MP Jakoyo Midiwo on grounds that the MP has a case pending in court over the same matter.

He said that the House's proceedings are also part of the pleadings that Midiwo had filed in court therefore any further discussion in the house could affect fair determination of the matter.

He said since Migiwo was the one who brought the matter to the house and is also a party to the court case, it would be best to allow the courts to give their determination of this matter.

He said he believed the courts would give their ruling quickly since it is an important matter that is constitutionally "weighty". Midiwo had wanted the Speaker to rule on whether the deployment of KDF in Baragoi and Garissa required the prior approval of the House.