Ezrah Kashumbusha
NAIROBI, January 26, 2024 | The Kenyan High Court has prohibited the government from sending police officers to Haiti for peacekeeping missions. Justice Chacha Mwita, in a decisive judgment on January 26, 2023, declared such a deployment illegal, emphasizing that the National Security Council lacks the legal authority to dispatch police officers beyond the borders of Kenya.
Justice Mwita cited constitutional provisions, stating, “The National Security Council, under Article 240 of the Constitution and the National Security Act, can deploy forces outside Kenya, but only with the approval of Parliament. The council retains the authority to deploy the police service in defense of Kenya during emergencies.”
He further clarified that the council is constitutionally empowered to deploy the Kenyan Defence Forces for regional or national peace support operations. Any decision to deploy police officers without adherence to these constitutional protocols, Justice Mwita cautioned, would be deemed invalid and null.
The ruling followed a case filed by the Third Way Alliance Party leader, Ekuru Aukot, and other party leaders, including Mururu Waweru. The litigants argued that Kenya required policing as much as Haiti and questioned the motives behind President William Ruto’s push for international police deployment. Aukot contended that Ruto was using the deployment to bolster his international image and gain favor with Western nations, including the United States.
This legal saga unfolded after Kenya offered to send 1000 police officers to Haiti in July 2023 in response to the nation’s plea for assistance in combating rising insecurity and gang-related activities. The United Nations endorsed Kenya’s deployment on October 2, with the resolution receiving support from 13 out of 15 member nations, including Mozambique, Gabon, and Ghana.
