By Special Correspondent
A case by NASA contesting the deployment of the military before, during and after elections in hotspots has been referred to chief justice David Maraga to constitute a bench following a request by NASA that the matter be heard by more than one judge because of the weighty legal issues raised in the constitutional petition.
NASA says it is not aware of any approval by the National Assembly for deployment of KDF for national security purposes.
The coalition argues that the intention to deploy KDF is unlawful and is apprehensive that if the Ministry of Interior and Defense does so is likely to subvert or overthrow civilian authority and the constitutional set up of the country.
If allowed to engage the military, the opposition alliance says the government shall set a dangerous precedent of internal deployment of KDF in internal governance and threaten the authority of the supreme law.
Should the military be engaged, the opposition alliance says, the government shall set a dangerous precedence of internal deployment of KDF in internal governance and threaten the authority of the supreme law.
NASA now wants the court to declare that KDF cannot be engaged in any security operations for purpose of acting in a partisan manner or to further the interest of a political party or cause.
Also sought is a declaration that the intended actions will adversely affect citizens by intimidating them and spur voter apathy hence limit the political rights of Kenyans.
As a result, the opposition wants the high court to determine whether CS Fred Matiangi and Raychel Omamo have the requisite approval of the National Assembly to deploy the military either on their own or in conjunction with other national security agencies in any part of the country before and during and after the August 8 polls without the approval of Parliament.
In addition, NASA is asking the court to declare that KDF should not be engaged, involved and or deployed either on their own or in conjunction with other national Security agencies in any part of the country without the approval of the NA.
NASA wants the case heard expeditiously and in priority so as to determine whether the actions of two CS Matiangi and Omamo are likely to intimidate, harass and or spur voter apathy.
The matter will be heard on August 4 2017.