Court rejects plea to empanel bench in KDF deployment case

The Law Society of Kenya (LSK) has lost its bid to have its case  challenging the deployment of the Kenya Defence Forces (KDF) during June last year's Finance Bill demonstrations heard by a three-judge bench.

This is after Justice Lawrence Mugambi ruled that LSK has not met the threshold required for empanelment of a three-judge bench.

As a result, the application to refer the matter to Chief Justice Martha Koome to form a bench to hear and determine the petition was rejected.

The judge emphasized that the issues raised, while important, did not present complex constitutional questions warranting determination by a bench of more than one judge.

“I find that the petitioners (LSK) have not demonstrated exceptional circumstances or weighty constitutional matters that would justify the formation of a three-judge bench. The application is therefore dismissed for lack of merit,” ruled Justice Mugambi.

The LSK had filed the petition last year following the controversial deployment of military personnel to support police operations during widespread protests against the Finance Bill.

• .

  Keep Reading

• 
  How police used forensic tools to nab suspects in Kasipul MP murder
• 
  'Embarrassing!' Kenyans react after MPs condemn 'Blood Parliament' documentary
• 
  LSK decries unpaid legal fees despite advocates delivering quality services
• 
  Court gives LSK, Omtatah 30 days to amend missing persons petition

In their court papers, the LSK argued that the deployment was unconstitutional, noting that there was no declared emergency or critical security threat that would legally justify involving the military in civilian matters.

“This was a civilian matter that could and should have been handled by the police. The use of the military in this context set a dangerous precedent,” LSK stated in its petition.