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Kenya Defence Forces Act

34. Regulation of support operation, etc

Edition: 2022-12-31 · In force

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34. Regulation of support operation, etc

(1)In the event of the Defence Forces being deployed in support of the National Police Service and other authorities, such deployment shall comply with constitutional standards relating to human rights and fundamental freedoms.
(2)Where the deployment of the Defence Forces in support of the National Police Service and other authorities is approved as contemplated in Article 241(3) of the Constitution and section 33(1), the Cabinet Secretary shall, within twenty four hours, issue a notice in the Gazette of the commencement of such deployment.
(3)Where the deployment under subsection (2) has been discontinued, the Cabinet Secretary shall—
(a)within twenty-four hours, issue notice in the Gazette, of the discontinuation of the deployment; and
(b)report to the National Assembly on the deployment.
(4)Service in support of the National Police Service and other authorities as contemplated under Article 241(3)(b) of the Constitution—
(a)may only be performed in such area or at such place as the National Security Council or the President may determine;
(b)shall be discontinued as National Security Council or the President deems expedient and necessary; and
(c)shall be performed in accordance with—
(i)a code of conduct and operational procedures on the regulation of the Defence Forces support operations approved by the Defence Council;
(ii)joint operation plan and guidelines issued by the Chief of the Defence Forces and the Inspector-General of National Police Service regarding—
(A)co-operation between the Defence Forces and the National Police Service; and
(B)co-ordination of command over and control of members of the Defence Forces and the National Police Service during the operation.
[Act No. 44 of 2016, s. 16.]
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Source: Kenya Law