The decision of the head of state and the National Security Council does not in any way reflect the statutory requirements of the statutes that relate to the duty of the Kenya Defence Forces.
The Kenya Defence Forces
241. (1) There are established the Kenya Defence Forces.
(2) The Defence Forces consist of—
(a) the Kenya Army;
(b) the Kenya Air Force; and
(c) the Kenya Navy.
(3) The Defence Forces—
(a) are responsible for the defence and protection of the sovereignty and territorial integrity of the Republic;
(b) shall assist and cooperate with other authorities in situations of emergency or disaster, and report to the National Assembly
whenever deployed in such circumstances; and
(c) may be deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly.
Kenya Defence Forces Act 2012
(a) any person or country committing external aggression against Kenya;
(b) any person belonging to a country committing such aggression;
(c) such other country as may be declared by the Cabinet Secretary, to be assisting the country committing such aggression;
(d) any person belonging to the country referred to under paragraph (iii);
Residents of Samburu and Turkana counties of Kenya do not fall under the realm of the “enemy” as defined in the Kenya Defence Forces Act 2012. Neither is the Kenya Defence Forces mandated to pursue cattle rustlers nor involve in disarmament operations.