High Court Blocks Deployment Of Kenya Police To Haiti

This is pending the hearing of a petition filed by the Thirdway Alliance Kenya and two others.

High Court Blocks Deployment Of Kenya Police To Haiti
A photo collage of the Haiti gang and the Kenya General Service Unit. /REUTERS.THE CONVERSATION

The High Court has blocked the Interior Ministry from approving a proposal to deploy Kenya police to Haiti or any other country.

This is pending the hearing of a petition filed by the Thirdway Alliance Kenya through Ekuru Aukot and two others.

Justice Chacha Mwita issued a conservatory order preventing the Kenyan government from deploying its 1,000 police officers following approval by the United Nations Security Council (UNSC) on October 2.

"That a conservatory order is hereby issued restraining the respondents from deploying police officers to Haiti or any other country until 24th October 2023," directed the judge.

Outside the Milimani Law Courts. /FILE

Once served, the respondents will have three days to file and serve written submissions to the petition, also not exceeding 10 pages.

''That the petitioners will then have three days after service to file and serve a supplementary affidavit, if any, together with the written submissions to the petition, not exceeding 10 pages.'' 

''That once served, the respondents will have 3 days to file and serve written submissions to the petition also not exceeding 10 pages,'' read the order in part.

Kenya was approved by the United Nations (UN) to spearhead the international mission that will be funded by the US government, which is keen to end the Haiti hard drugs trade. Many of the drugs end up in the US but its past attempts to eliminate the trafficking led to accusations that America was seeking to occupy the small island nation.

This necessitated an international intervention involving police from various countries, led by Kenya, which started recruiting officers for the mission.

Kenya pledged to be sending at least 1,000 police officers, mostly from the dreaded GSU, for the mission that many have described as dangerous given that gangs control over 80 per cent of Haiti’s capital, Port au Prince. The officers will be assisted by other contingents from partner countries including Jamaica, the Bahamas, and Antigua and Barbuda.

It is however awaiting Parliamentary approval, with Interior Cabinet Secretary (CS) Kithure Kindiki making it clear that the law enforcement officers will only start working after approval from the National Assembly and the Senate as required by law.

Article 240 of the Constitution requires Parliament to approve the deployment of security forces to any peacekeeping mission in foreign nations. 

"There will be no shortcuts or violation of the Constitution in the deployment of our police officers to Haiti. Kenya has previously contributed troops to peacekeeping missions in Namibia, Sierra Leone, Liberia, Somalia and Congo. 

"Deployment of our security officers to Haiti will not in any compromise or undermine our commitment and responsibility to the safety and security of our citizens," he stated on Sunday, October 8 during a church service at St. Andrews ACK Ndenderu, Kiambaa Constituency, Kiambu County.

Read Also: Requirements Kenyan Police Must Follow Before Mission To Haiti

Interior CS Kithure Kindiki during a Cabinet Committee meeting chaired by Deputy President Rigathi Gachagua at his official residence in Karen, Nairobi County on September 26, 2023. /KITHURE KINDIKI