High Court declares planned police deployment to Haiti unconstitutional

The High Court has declared the proposed deployment of Kenyan police officers to Haiti as illegal, stating that the National Security Council lacks the constitutional mandate to send law enforcement abroad.

Justice Chacha Mwita said that any decision to deploy police officers to Haiti contravenes the constitution, rendering it unconstitutional, illegal, and invalid, effectively prohibiting the deployment of police forces to Haiti or any other foreign nation.

The National Security Council had sought Parliament’s approval for the deployment, securing it under Article 240 (8) of the Constitution. The High Court had previously issued a temporary order halting the deployment pending the hearing of a petition filed by Third-way Alliance Kenya leader Ekuru Aukot and two others.

Dr Aukot argued that the Constitution did not anticipate the deployment of the police service outside Kenya. The deployment, he contended, is a matter of significant public interest and should strictly adhere to constitutional provisions.

Despite Parliament’s subsequent approval, concerns both domestically and internationally have been raised over Kenya’s commitment to send 1,000 security personnel to address Haiti’s long-standing gang violence.

The mission, meant to combat the rampant criminal activities in Port-au-Prince, has drawn criticism and protests.

Critics, including Haitians living abroad, have expressed their discontent, fearing potential risks for Kenyan officers in the challenging and volatile environment.

Questions about the readiness of Kenyan police to handle such a complex situation persist, given the overwhelmed and under-resourced state of Haitian law enforcement.

Protests against President William Ruto’s decision have also emerged in Port-au-Prince, where locals have voiced their opposition to the deployment of Kenyan police officers, emphasizing the potential perils and questioning the appropriateness of the intervention.