Following critical analysis of the KDF Amendment Bill 2015, which proposes inter alia, to give the military a role in civilian operations contrary to the Constitution, the true intention of the drafters of the said Bill has now needs to be laid bare.
First, Article 241 of the Constitution of Kenya explicitly spells out the structure and composition of KDF and its role. In particular, Article 241 (4) states that “The composition of the Command by the Defence Forces shall reflect the regional and ethnic diversity of the people of Kenya. However, the KDF Amendment Bill contravenes this provision by proposing to abolish the requirement for KDF to advertise slots per counties during military recruitment. Such proposal is likely to further ethnize the military.
Second, whereas Article 201 of the Constitution of Kenya (Principles of Public Finance) states that “There shall be openness and accountability including public participation in financial matters”, the KDF Bill bars the public and law makers from scrutinising the budgetary allocations and military spending. This could open a flood gate for mega corruption in the military sector.
Third, the KDF Amendment Bill contravenes Article 239 (5) of the Constitution which states that “The National Security Organs are subordinate to civilian authority. This is so because the Bill gives KDF acarte blanche for intervention in all sectors without due limitation or restriction.
Forth, the KDF Amendment Bill inadvertently opens a Pandora’s box for corruption within the forces by proposing that KDF holds a separate account from that of the Ministry of Defence. This is apparently crafted to shield KDF from any financial probe by the Auditor General.
Fifth, the KDF Amendment Bill will certainly entail amendment of the Constitution, the Kenya Wildlife Act, Kenya Police Service Act and the NYS Act to allow for its operationalization. Certainly, the Jubilee government is not prepared for such undertaking
Sixth, a closer scrutiny of the KDF Amendment Bill reveals that it is a cut and paste work on the existing Uganda People’s Defence Forces (UPDF) Act which fails to draw a clear demarcation between police and military roles and thereby politicizes the military to serve as an appendage to the ruling civilian executive.
This is the case with such laws in Rwanda, Uganda, Burundi, Republic of Sudan, Zimbabwe and other totalitarian regimes in Africa where serving heads of state have had their terms of office unilaterally extended or have been made life President. It is feared that this could be a precursor to institutionalized electoral rigging through military intimidation as is the usual case in Zimbabwe, Uganda, Rwanda and Burundi.
Indeed, the KDF Amendment Bill 2015 could be an attempt to ensure second and subsequent terms for President Uhuru Kenyatta. And this could be the beginning of greater political turmoil for Kenya and must therefore be opposed vigorously by all the citizens of the Country.
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