The Law Society of Kenya (LSK) has condemned the government for willfully disregarding the law by planning to deploy 1,000 police officers to the troubled Caribbean Island, Haiti.
In a statement on May 19, LSK President Faith Odhiambo urged President William Ruto, Interior CS Kithure Kindiki, and Inspector General of Police Japheth Koome to comply with a court order barring the deployment of the police officers.
“It has come to our attention that despite the court orders, the government has sanctioned the deployment. While it is reported that the CS Interior and the former Haitian Prime Minister executed a bilateral treaty purportedly authorizing the intended deployment of Kenyan Police Officers, the Law Society of Kenya is compelled, in defence of the Rule of Law, to point out that the legal requirements, as interpreted by Justice C. Mwita have not been met. Therefore, any move to deploy police officers to Haiti is unconstitutional and illegal,” Faith Odhiambo said.
On January 26, the High Court ruled the deployment unconstitutional due to the lack of reciprocal provisions in Kenyan and Haitian laws and the absence of a bilateral treaty.
LSK President Urges Government to Comply with Court Orders
The Court stated that sections 107, 108, and 109 of the National Police Service Act must be followed before sanctioning any deployment.
Furthermore, the provisions demand that Haiti be gazetted as a reciprocating country and that its municipal law has provisions similar to the National Police Service Act.
Also Read: Haiti Mission: Ruto Encounters Fresh Hurdle as Deployment Dates Are Confirmed
Faith Odhiambo reminded William Ruto of the Oath of Office he took to protect the Constitution and has on several occasions reiterated that his government would comply with the rule of law.
“We urge the President in the same regard to obey court orders, as this is the grind upon which this country strives to ensure accountability and transparency,” she added.
Ekuru Aukot Files Petitions Against Kenya-Led Haiti Mission
Third way Alliance Kenya, led by Dr. Ekuru Aukot on May 16, 2024, filed a lawsuit seeking to prevent the government from sending police to the violence-plagued Haiti as part of a UN-backed mission.
Dr. Aukot and Miruru Waweru argue that the government had “blatantly disregarded” a January court order prohibiting the deployment as unconstitutional and illegal.
According to Aukot, the government has already selected a contingent of 200 police officers set to travel to Haiti later this month.
The suit stated that the then Prime Minister Ariel Henry lacked constitutional mandate and legal authority alleging a foreign force for a shoot-to-kill mercenary mission, funded by the imperial powers led by the United States.
Also Read: Kenyan Officers Reveal Special Training They Are Undergoing Ahead of Haiti Deployment
The expected deployment of a first batch of Kenyan police to the Caribbean nation would coincide with a visit by President William Ruto to Washington where he will meet US President Joe Biden on May 23.
In July 2023, Kenya pledged to deploy up to 1,000 personnel to Haiti, an offer welcomed by the United States and other nations that had ruled out putting their own forces on the ground.
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