On the advice of Attorney General Prof Githu Muigai and an amendment by an MP, Parliament will now have to wait for the President to deploy the Kenya Defence Forces to Tana Delta to restore law and order.
Prof Muigai said Parliament would be usurping the President’s role by approving the deployment of the military.
He said, legally, Parliament should only be asked to approve a deployment of the forces rather than initiate it.
This prompted the introduction of the amendment by Fafi MP Adan Sugow to change the crucial word in the motion from “approves” to “urges”.
This means that if the decision is made, the House would be asked for its approval in the same manner it did with the deployment of the KDF to Somalia to fight Al Shabaab.
The debate was punctuated with arguments over the role of Parliament, the origin of the clashes and whether it would be right to have the military tackle internal aggression.