The High Court of Kenya has approved the use of military forces to restore order, following violent anti-tax protests that overwhelmed police.
The ruling comes one day after the Law Society of Kenya (LSK) filed a petition seeking to block the deployment.
"Given the eruption and loss of control of police during the demonstrations, necessitating deployment of KDF (Kenya Defence Forces) which endangered life and property, the invocation of article 241(b) was properly invoked in the circumstances," Justice Lawrence Mugambi said on Thursday.
Mugambi is set to deliver a comprehensive ruling within two days.
Detailed justification
The decision follows Kenyan Defence Minister Aden Duale's notice on Tuesday of the deployment of the military.
LSK lawyer Chrysostom Xavier Akhaabi criticised the hurried deployment of the KDF and argued that Duale failed to provide a detailed justification for military use against unarmed civilians.
In a statement, Duale said: "This is in response to the security emergency caused by the ongoing violent protests in various parts of the Republic of Kenya resulting in destruction and breaching of critical infrastructure."
Hundreds of protesters took to the streets of the capital on Thursday in a significantly lower turnout compared to the number of demonstrators in previous days.
President bows to pressure
President William Ruto bowed to public pressure on Wednesday and announced that he will not sign the controversial Finance Bill 2024, which has several tax hikes.
Military vehicles and armoured personnel carriers patrolled the streets with heavily armed soldiers assisting police in preventing looting and vandalism.
The death toll in the protests stands at 23, according to the Kenya Medical Association.
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