Legal Setback: Court Blocks Police Deployment to Haiti, Ruto’s Plans Derailed
The High Court of Nairobi has ruled that sending National Police Services (NPS) officers to Haiti violates the constitution.
In a decision delivered by High Court Judge Chacha Mwita last Friday, it was emphasized that the National Security Council and NPS lack the authority to dispatch police forces beyond the borders of Kenya.
Mwita issued the ruling in response to a request from Ekuru Aukot, the leader of the Thirdway Alliance Party. Aukot sought to prevent the deployment, arguing that it was unlawful.
“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 recognized the commendable nature of Kenya’s willingness to assist in alleviating a humanitarian crisis in Haiti. Nonetheless, he asserted that any such intervention must adhere to the provisions outlined in the Constitution of Kenya.
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“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.
Aukot submitted his legal appeal following the parliamentary endorsement of dispatching 1,000 officers to the Caribbean nation. Kenya had volunteered to take charge of a peacekeeping initiative in Haiti, where there has been a notable increase in gang violence.
President William Ruto, a key advocate for the implementation, expressed that the decision was influenced by Kenya’s commitments to the global community.
Significantly, Kenya’s action received a positive response from the global community, with nations like the United States providing Ksh14 billion and additional logistical assistance.
The United Nations Security Council gave its approval for the police deployment in October 2023. After this decision, it remains uncertain whether the government will pursue the Court of Appeal.
At the time of publication, there had been no response from Ruto regarding the ruling.
Legal Setback: Court Blocks Police Deployment to Haiti, Ruto’s Plans Derailed