High Court Terms Deployment Of Kenya Police To Haiti Illegal, Govt Responds

UPDATE: Government Spokesperson Issac Mwaura has announced that the government will appeal the High Court’s decision to declare the deployment of police officers to Haiti illegal.

"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. While the government respects the rule of law, we have however made the decision to challenge the high court's verdict forthwith," Mwaura said in part in a statement.

He remarked that Kenya has an outstanding track record of contributing to peacekeeping missions internationally in countries such as; South Sudan, Namibia, Croatia, Liberia and Sierra Leone among others, adding that "The government reiterates its commitment in honoring its international obligations as a member of the community and comity of nations."

The High Court of Kenya has termed the deployment of 1,000 Kenyan Police officers to Haiti illegal.

In a ruling issued on Friday, January 26, High Court Judge Chacha Mwita ruled that the National Police Service (NPS) and the National Security Council, which includes the President, do not have the power to deploy regular police outside of the country.

"To be clear, Article 240 does not mandate the Council to deploy police officers outside Kenya. Deployment should be as provided for in part 14 of the Act and only to a reciprocating country," he ruled.

"It is not contested that there is no reciprocal arrangement between Kenya and Haiti and for that reason, there can be no deployment of police to that country."

The judge underlined that Kenya's offer to help mitigate a humanitarian crisis in Haiti was noble, but he maintained that such deployment needed to be undertaken per the Constitution of Kenya.

"An order is hereby issued prohibiting the deployment of police officers to Haiti or any other country otherwise than any compliance with part 14 of NPS Act," he stated.

Mwita made the ruling after Thirdway Alliance Party leader Ekuru Aukot made an application that wanted the court to block the deployment stating that it was unconstitutional. 

Parliament had approved the deployment of 1,000 Kenyan Police officers to Haiti, despite the High Court blocking the Interior Ministry from approving a proposal for the operation.

Kenya was approved by the United Nations (UN) to spearhead the international mission that would 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 described as dangerous given that gangs control over 80 per cent of Haiti’s capital, Port au Prince.

The officers were to be assisted by other contingents from partner countries including Jamaica, the Bahamas, and Antigua and Barbuda.

The Cabinet Secretary for Interior and National Administration Kithure Kindiki had revealed that the proposed deployment of officers from the NPS to Haiti was not just a fulfilment of her global obligations; it also sought to enhance her reputation as a reliable nation.

Kindiki put a strong case for the Mission which is part of United Nations Multinational Security Support in Haiti. Kenyan troops have been to Namibia, Sierra Leone, Liberia, Somalia and Congo for peacekeeping missions.

The Interior CS projected a budget of Ksh36.5 billion out of Ksh91 billion earmarked for the 11-nation Mission.

Following the ruling, it is yet to be established whether the government would contest it at the Court of Appeal. President William Ruto by the time of publication was yet to respond to the ruling.