The government has declared it shall be challenging the High Court of Kenya’s verdict that blocked deployment of police officers to Haiti for a peacekeeping mission.
In a statement, government spokesperson Isaac Mwaura said that the state will be appealing the court’s decision.
“The Government of Kenya takes note of the High court’s ruling regarding the deployment of the Kenya police to help in the Multi-national Security Support (MSS) mission for the restoration of law and order in Haiti,” read part of the statement.
Mwaura further went on to state that while the government respects the rule of law, it did not agree with the decision and will be challenging the high court’s verdict forthwith.
In a January 26 ruling by Justice Chacha Mwita, the court dealt a blow to the government declaring the planned deployment as illegal.
Haiti mission ruling
“A declaration is hereby issued that the National Security Council has no mandate to deploy police officers outside Kenya under article 240 (8) of the Constitution.
An order is hereby issued prohibiting deployment of police officers to Haiti or any other country otherwise in compliance with part 14 that is sections 107 and 108 of the national police service act,” read part of the verdict.
Also Read: Jacque Maribe Misses Court, Judge Gives Way Forward
Justic Mwita said the deployment was illegal since the National Security Council has no legal authority to send police officers outside Kenya.
He further noted that the council can also deploy foreign forces into Kenya for similar operations with the parliament’s approval.
However, according to the verdict, such a deployment is only provided to a reciprocating country which Haiti is not.
The judge further cautioned that any future deployment of officers outside Kenya or any action taken in furtherance of the court orders is “invalid, null, and void”.
According to the verdict, the state is constitutionally allowed to deploy the Kenya Defense Forces (KDF) for national or regional peace support operations.
Following the High Court’s decision, Mwaura stated that the ruling is against the state’s commitment in honoring its international obligations.
He went on to state that the country has had an outstanding track record of contributing to peace keeping missions internationally in countries such as South Sudan and Sierra Leone among others.
Mission challenged
The case to challenge the deployment of officers was filed by Third Way Alliance Party leader Ekuru Aukot in 2023.
This came after Kenya volunteered to lead a multinational security force in Haiti to quell gang violence.
In November 2023, Members of Parliament approved the planned deployment to the Caribbean nation as part of the United Nations mission.
The greenlight from parliament came despite the pending case filed in the High Court.
Also Read: Haiti Mission: MPs Approve Deployment of Kenyan Police
Prior to the debate, a joint parliamentary committee comprising members from the National Assembly and Senate had deliberated on the planned mission.
Interior Cabinet Secretary Kithure Kindiki who appeared before the committee addressed the various issues raised including financial implications of the operation.
In his submissions, he reiterated that Kenya would only proceed with the mission after securing the requisite resources.
The deployment was expected to commence in early 2024, months after the United Nations Security Council approved the mission.
The U.S and Canada had pledged to support the mission with the America offering about Ksh16.3 billion.
