President William Ruto and Haiti Prime Minister Ariel Henri have signed in an instrument which will enable the deployment of Kenyan police officers in Haiti.
In a statement on March 1, 2024, Ruto noted that the signing of the reciprocal instrument between the two countries on the multi-national security support mission in Haiti was done after the two leaders held a meeting at the State House in Nairobi.
“Today, March 1, 2024, I am pleased to inform that Prime Minister Ariel Henri and I have witnessed the signing of this instrument. We have also discussed the next steps to enable the fast-tracking of the deployment,” read part of the statement.
Kenya is set to send the officers to the Caribbean Island nation despite a High Court ruling that declared the deployment unconstitutional after a subsequent petition was filed in court.
Ruto noted that the new deal signed between the two leaders came after the court determined the need for a reciprocal instrument between Kenya and Haiti to enable this deployment.
Haiti mission
The United Nations Security Council adopted Resolution 2699 in October 2023 which authorized a multinational security support mission to Haiti.
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Kenya accepted to lead the coordination of this international mission having been requested by member States.
On October 13, 2023, the National Security Council and Cabinet approved the deployment of 1,000 police officers, with the Parliament unanimously approving this deployment in November.
According to the statement, preparations for the mission commenced pursuant to this resolution.
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The preparations included the authorization procedures and preparation of mission documents, including the concept of operations, conduct and discipline policy.
Others included status protection agreements and directive on detention, searches and use of force.
According to Ruto, there has also been extensive engagement with member States to translate the global solidarity into concrete support for the Multinational Security Support Mission (MSS).
“I take this opportunity to reiterate Kenya’s commitment to contribute to the success of this multi-national mission. We believe this is a historic duty because peace in Haiti is good for the world as a whole,” added President Ruto.
High Court ruling
In a January 26 ruling by Justice Chacha Mwita, the court dealt a blow to the government declaring the planned deployment as illegal.
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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”.
Following the High Court’s decision government spokesperson Isaac Mwaura said that the state would be appealing the High Court’s decision.