High Court Extends Orders Blocking Deployment Of Kenyan Police To Haiti
The High Court in Nairobi has extended orders temporarily barring the Kenyan government from deploying police officers to Haiti on a UN-backed mission aimed at pacifying the troubled Caribbean nation.
High Court judge Chacha Mwita issued the orders on Tuesday pending the hearing of a petition filed by Thirdway Alliance Kenya leader Ekuru Aukot and two others.
Justice Mwita said the matter would be heard in an open court session from November 9 in “a quicker way”.
In the case, Aukot argues that the planned deployment is unconstitutional as it is not backed by any law or treaty.
According to the petitioners, the Constitution does not envisage the deployment of the police service outside Kenya adding that deployment of police officers or the forces outside Kenya is a matter of great public interest and importance and can only be done by the provisions of the constitution.
“As a matter of international notoriety, there is currently no elected government in Haiti. Kenya does not have an Embassy in Haiti,” reads court papers.
Kenya has pledged to deploy 1,000 security personnel for the mission seeking to combat a decades-long gang violence characterized by widespread murders, kidnappings, and extortion.
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The UN Security Council gave the go-ahead in early October for the deployment of the non-UN multinational mission, led by Kenya, to help the overwhelmed Haitian police.
Aukot told AFP he was “very happy and excited” about the new court order as it stopped deployment until the case was heard and determined.
“The judge has made the orders even better,” said Aukot, a lawyer who helped draft Kenya’s 2010 constitution.
Details of Kenya’s deployment are still not finalized, with parliament yet to approve the move as required by law.
Kenya’s cabinet said on October 13 that it had “ratified” the deployment and submitted the resolution to parliament for approval.
But Aukot said the decision was in contempt of court and that he would launch a legal challenge against all members of the cabinet.
“They are doing a cleanup and seeking approvals after we got the court injunction,” said Aukot.
-‘Guinea pigs’
Kenya’s involvement has been criticized at home, with many questioning the wisdom of such a risky mission.
Rights watchdogs also say Kenyan police have a history of using sometimes lethal force against civilians, and that they pose an unacceptable risk in Haiti where foreign troops have committed abuses in past interventions.
Interior Cabinet Secretary Kithure Kindiki defended the deployment earlier this month, saying they “are not taking our officers to Haiti as guinea pigs”.
Kenya is seen as a democratic anchor in East Africa and has participated in peacekeeping operations in its immediate region including in the Democratic Republic of Congo and Somalia as well as other parts of the world.
Haiti, the Western Hemisphere’s poorest nation, has been in turmoil for years, with armed gangs taking over parts of the country and unleashing brutal violence, and the economy and public health system are also in tatters.
High Court Extends Orders Blocking Deployment Of Kenyan Police To Haiti
