The High Court has temporarily barred Kenya from deploying police officers to Haiti.
In the landmark ruling signed by Justice E.C Mwita, Kenya is restrained from deploying police officers to Haiti or to any other country until 24th of October 2023.
The ruling comes as a response to a petition presented by Third way Alliance Kenya, Miriru Waweru and one other petitioner.
Notably, the petition contested Cabinet Secretary of Interior, Kithure Kindiki , the National Government, the National Assembly on the decision to send Kenyan troops to Haiti.
“It is hereby ordered that the pleadings be served to the respondents immediately” the ruling stated.
Also Read: Babu Owino Gives 3 Reasons Why Kenyan Police Will Lose in Haiti
Petition Against Deployment of Kenyan Police to Haiti
The matter was presented before Justice E.C Mwita on October 6th, 2023.
In the petition Third way Alliance party leader Ekuru Aukot faulted President Ruto for planning to deploy police officers outside Kenya whilst being unable to curb tribal violence in Lamu County.
Moreover, Aukot insisted that the Haiti government had never requested Kenya for assistance in curbing gangs that have overrun the island nation.
“Haiti has not made any application for deployment of Kenyan police service to their country.
The deployment is based on a UN Security council resolution passed on October 2, 2023, which in any case cannot supersede the provisions of the Constitution and the Act,” Aukot stated in the court papers.
“To the extent that sections 107, 108 and 109 of the (NPS) Act provide for deployment of the service under reciprocal arrangements with reciprocating countries, the said sections are unconstitutional since they offend Articles 240 (8) and 243 (3) of the Constitution, which provide respectively that only Kenya Defence Forces can be deployed out of Kenya and that the National Police Service is a national service and shall function throughout Kenya,” the court papers read in part.
The Government on the Controversial Deployment
However, Kindiki Kithure had earlier stated that the deployment to Haiti will not cause any constitutional infractions.
Also Read: 5 Burning Questions About Kenyas Mission in Haiti
“Deployment of our security officers to Haiti will not in any way compromise or undermine our commitment and responsibility to safety and security of our citizens”
In July, Dr Alfred Mutua, the then Foreign Affairs Minister said Kenya had offered to deploy 10,000 officers to Haiti.
The announcement followed the wake of civil unrest that has terrorized Haiti since 2018.
Furthermore, UN Secretary-General António Guterres stated that a robust use of force is required to disarm the gangs and restore order while commenting on the issue.
