The High Court in Kenya has ruled the planned deployment of police officers to the Caribbean nation of Haiti as illegal. In a decision delivered on Friday, the court stated that the National Security Council lacks the mandate to deploy police officers to another country.
Last October, the National Security Council sought Parliament’s approval for the deployment of Kenyan police officers on a UN-backed security mission to the war-torn nation of Haiti. The National Assembly granted approval for the deployment. However, the National Security Council’s authorization was subject to Article 240 (8) of the Constitution, which requires Parliament’s approval for any deployment of national security forces beyond Kenya’s borders.
Article 240 (8) outlines that “The Council may, with the approval of Parliament, (a) deploy national forces outside Kenya for (i) regional or international peace support operations; or (ii) other support operations; (b) approve the deployment of foreign forces in Kenya.”
Despite Parliament’s approval, a High Court order temporarily halted the planned deployment pending the hearing of a petition filed by Third-way Alliance Kenya leader Ekuru Aukot and two other petitioners.
In the petition, Dr. Aukot contends that the Constitution does not anticipate the deployment of the police service outside Kenya. He argues that deploying police officers or forces outside Kenya is a matter of significant public interest and importance and should only be done in accordance with the constitutional provisions.
Kenya had committed to deploying 1,000 security personnel for the mission, aimed at addressing the decades-long gang violence prevalent in Haiti, marked by widespread murders, kidnappings, and extortion. The UN Security Council had granted approval in early October for the deployment of a multinational security support mission, led by Kenya, to assist the overwhelmed Haitian police.
