Kenyan Court Rules Deployment Of Kenyan Police To Haiti Illegal

 

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In a hurry? Here’s a quick summary…

• The High Court in Kenya declares the planned deployment of Kenyan police officers to Haiti as illegal.

• Justice Chacha Mwita rules that the National Security Council lacks the authority to deploy police forces to another country.

• The court issues an order prohibiting the deployment of police forces to Haiti or any other country.

• The National Security Council had sought approval from Parliament for the deployment, which was granted in October.

• The approval was challenged through a petition filed by Ekuru Aukot, arguing that the Constitution does not permit police service deployment outside Kenya.

• Article 240 (8) of the Constitution, which requires Parliament approval for deploying national forces abroad, becomes a focal point in the legal debate.

• Despite Kenya's commitment to deploy 1,000 security personnel to address gang violence in Haiti, the court ruling now poses a legal obstacle.

• The UN Security Council had previously given the green light for a multi-national security support mission, led by Kenya, to assist the Haitian police.

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In a recent ruling, the High Court of Kenya has deemed the planned deployment of Kenyan police officers to the Caribbean nation of Haiti as illegal. 

Justice Chacha Mwita, delivering the judgment on Friday, asserted that the National Security Council lacks the authority to dispatch police forces to another country. 

The ruling explicitly stated that any decision by a state organ or officer to deploy police officers to Haiti violates the constitution and the law, rendering it unconstitutional, illegal, and invalid.

Justice Mwita went on to issue a clear directive, stating, "An order is hereby issued prohibiting deployment of police forces to Haiti or any other country." 

This decisive pronouncement comes after the National Security Council sought approval from Parliament in October of the previous year to send Kenyan police officers on a UN-backed security mission to address the conflict-ridden situation in Haiti. The National Assembly subsequently approved the deployment.

However, the High Court had previously issued a temporary order blocking the planned deployment, responding to a petition filed by Ekuru Aukot, the leader of Third-way Alliance Kenya, and two other petitioners. 

Aukot's petition argues that the Constitution does not envision the deployment of the police service outside Kenya. He contends that such deployment is a matter of significant public interest and can only be carried out in accordance with the constitutional provisions.

Article 240 (8) of the Constitution is central to this debate, as it outlines that the National Security Council may deploy national forces outside Kenya with the approval of Parliament for regional or international peace support operations, or other support operations. However, this approval process became subject to legal scrutiny with the court's intervention.

Despite Kenya's commitment to deploying 1,000 security personnel to assist in addressing the prolonged gang violence prevalent in Haiti, the court's ruling now stands as a legal impediment. 

The UN Security Council had initially authorized the deployment of a multi-national security support mission, led by Kenya, to aid the strained Haitian police force in early October.