Court blocks police deployment to Haiti
Court blocks police deployment to Haiti
The administration suffered a setback on Friday when the High Court refused to allow police officers to be sent on a peacekeeping assignment in Haiti.The planned deployment would be unconstitutional, according to a ruling made by Justice Chacha Mwita on Friday, January 26, as the National Security Council lacks the legal authorization to send police officers outside of Kenya.
“Under article 240 (8) of the Constitution, it is officially declared that the National Security Council is not authorized to send police officers outside of Kenya. In accordance with part 14, which is comprised of sections 107 and 108 of the National Police Service Act, an order is thus made that forbids the deployment of police officers to Haiti or any other countries,” according to Justice Mwita.
He however noted that the council is constitutionally allowed to deploy the Kenya Defence Forces (KDF) for regional or national peace support operations.“The National Security Council with respect to the Defence Forces under article 240 of the Constitution and provision of the National Security Act can deploy forces outside Kenya with approval of Parliament. The council can deploy the police service in defense of Kenya during an emergency,” he added.With Parliament’s approval, the council can also deploy foreign forces into Kenya for similar operations.
He further mentioned that the deployment is only provided to a reciprocating country which Haiti is not.The judge cautioned that any further decision made by the NSC or State officials to deploy officers outside Kenya or any action taken in furtherance of the court orders is “invalid, null, and void”.
Kenya offered to take charge of an international security force in Haiti in 2023 in an effort to stop gang violence.Third-way Alliance Party leader Ekuru Aukot filed the lawsuit; the party and its chair, Mururu Waweru, were named as the second and third petitioners.
They had filed lawsuits against National Security Council, Speaker of the National Assembly Moses Wetangula, Police Inspector General Japhet Koome, Interior Secretary Kithure Kindiki, and President William Ruto.In the lawsuit, Aukot made the argument that both Kenya and Haiti needed law enforcement, citing incidents of instability that had shook the Coastal and Northern Frontier District counties.In July 2023, after Haiti asked for international assistance to combat gang activity, Kenya volunteered to send 1,000 officers to the Caribbean country in an effort to reduce unrest.
The United Nations on October 2, endorsed the deployment of the Multinational Security Support (MSS) to Haiti.The resolution was endorsed by 13 of the 15-member council which included African representatives: Ghana, Gabon, and Mozambique which paved the way for Kenya’s deployment.
On October 9, Aukot and the Party received orders to cease the deployment. On November 16, 2023, the National Assembly then approved the deployment to Haiti by a vote.Glady Shollei, the Deputy Speaker of the National Assembly, noted that the report on the deployment complied with the legal mandate to consider public opinions, which were gathered between November 9 and November 12.Support for the expedition had been promised by the US and Canada, with the US contributing Sh16.3 billion (at the current exchange rate).
