Saba Saba: Gov’t to deploy military to face protesters

By Newsflash Writer

Tensions are mounting ahead of anticipated mass demonstrations to mark the 35th anniversary of Saba Saba Day, with thousands of Kenyans preparing to take to the streets.

The situation has drawn significant attention following a decision to place the military on standby—a move that has sparked widespread criticism from civil society and political leaders.

A recent announcement by the Kenya Human Rights Commission (KHRC) has raised concerns over a gazette notice issued on June 25 by Defence Cabinet Secretary Soipan Tuya.

The notice allows the Kenya Defence Forces (KDF) to assume policing roles in Nairobi County during and after the planned protests, which critics say could suppress constitutionally protected rights.

Concerns over constitutionality

According to KHRC, this military deployment infringes on fundamental freedoms, including the rights to peaceful assembly, expression, and association. The commission argues that deploying soldiers for internal security duties without Parliament’s involvement violates both the Constitution and democratic norms.

“Bringing in the KDF to take over police duties sidesteps Parliament and undermines public oversight,” the KHRC stated, calling for transparency and justification from the government.

The group emphasized that Article 241 of the Constitution outlines the military’s functions, which include defending the country from external threats, supporting civil authorities during emergencies, and restoring peace in crisis situations. “None of these conditions justify the current deployment in Nairobi,” the group added.

Previous demonstrations have overwhelmed police forces, often resulting in violent clashes. KHRC believes this is being used as a pretext to bring in the military, even though the law requires National Assembly approval for such action. Duale, while defending the move, insisted it complies with legal provisions, although he did not provide specifics on the nature of the threat or cite any parliamentary resolution.

Mounting tensions and political fallout

Meanwhile, opposition leaders and rights groups continue to raise alarm over increasing police brutality. Over 20 people have reportedly died during recent protests, with many more injured or arrested. Azimio coalition leader Raila Odinga condemned the killings, saying, “This is not what Kenyans fought for.”

KHRC argues that deploying the military under such conditions could escalate tensions rather than resolve them. “The military’s primary role is not law enforcement,” said the rights body, warning that the action could lead to more violations and fewer accountability mechanisms.

The group noted that internal deployments involving armed forces should follow strict legal procedures, including notifying Parliament. “This move lacks the transparency and legal clarity required under the Constitution,” they asserted.

KHRC has now urged Parliament to summon CS Duale for questioning and to revoke the gazette notice. It warned that failure to do so would amount to a breach of constitutional safeguards and a dangerous precedent in civil-military relations.

Human Rights Watch and other organisations have echoed similar concerns, calling for immediate action to curb police violence and prevent further loss of life during the upcoming demonstrations.