Parliament Defies Court Order, Approves Deployment of Police To Haiti

Members of Parliament have 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.

The motion was tabled in Parliament by the Joint Committee of the National Assembly Departmental Committee on Administration and Internal Security and the Senate Standing Committee on National Security, Defence and Foreign Relations.

"That taking into consideration the recommendations of the Joint Committee of the National Assembly Departmental Committee on Administration and Internal Security & the Senate Standing Committee on National Security, Defence and Foreign Relations in its Report on the request regarding the deployment of officers of the National Police Service to the Multinational Security Support Mission to Haiti, laid on the Table of the House on Wednesday, 15th November, 2023, and pursuant to the provisions of Article 240(8) (a), this House approves the deployment of officers of the National Police Service to the Multinational Security Support Mission to Haiti," read a statement by the National Assembly as drafted in the order paper.

Inside the National Assembly. /FILE

Gladys Shollei, the Deputy Speaker of the National Assembly, approved the motion for debate as she noted that the National Assembly was not served with the court petition barring the deployment of police to Haiti.

"Pursuant to provisions of article 248 A, this House approves the deployment of the NPS to the Multinational Peacekeeping to Haiti,” read the Deputy Speaker.

The government nod awaits consensus by the Senate which is expected to table and approve the joint report by the Security and National Administration Committee before paving the way for the deployment of 1,000 troops.

Homa Bay MP Peter Kaluma however opposed the deployment, arguing citing unconstitutionality and unlawfulness.

Kaluma noted that the National Police Service can only perform its function within the territory of Kenya and it is not a force deployed outside the country.

Further, he opposed the deployment arguing that the National Police Service is an independent institution which is not capable of deployment by the National Security Council (NSAC).

The motion was nonetheless backed by MPs affiliated to the Kenya Kwanza coalition including the National Assembly Majority leader Kimani Ichung'wah.

“Our own standing orders do not stop us from discussing matters, so honorable Speaker you may allow people to even make reference without going into the facts that are being prosecuted before the court,” Ichung’wah noted.

The decision was protested by activist and constitutional lawyer Ekuru Aukot, who noted that the case was ongoing and coming up for hearing in court on Thursday.

"Our Parliamentrians disobeying court order. We are this morning before Justice Mwita in Court 1 for the hearing of the petition. Meanwhile, our Parliament has sold its soul to the USA to go clean the messs they caused in Haiti," he wrote on X (formerly Twitter)

The Cabinet Secretary for Interior and National Administration Kithure Kindiki had told the Joint Parliamentary team that the proposed deployment of officers from the NPS to Haiti is not just a fulfilment of her global obligations; it also enhances 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.

“We have agreed that the resources for this mission will be arranged and mobilized among member states. Unless all resources are mobilized and availed. Our troops will not leave the country,” he said, adding that the officers will be deployed in batches to ensure proper coordination.

“We have taken the proactive measure to ensure we at least identify the officers. We are engaged to ensure they are fit for purpose."

At least ten other countries have expressed readiness to deploy security personnel of various kinds, but it is the Kenyan police who will lead the mission which received approval from the UN Security Council in October this year.

Other countries also in the mission include Senegal (350), Burundi (250), Chile, Jamaica, Ecuador, Barbados (200) and Seychelles which will deploy 190 officers.

A photo collage of the Haiti gang and the Kenya General Service Unit. /REUTERS.THE CONVERSATION