- The government wants to deploy some 1,000 police officers to Haiti to reign in runaway gangs.
- But High Court judge Chacha Mwita on Friday declared the move unconstitutional, saying the manner used in the proposed deployment is illegal.
Image: HANDOUT
Kenyan policemen might be deployed to Haiti to deal with gang violence in the Caribbean country as soon as next week despite a court ruling that declared the process null and void.
The government wants to deploy some 1,000 police officers to Haiti to reign in runaway gangs.
But High Court judge Chacha Mwita on Friday declared the move unconstitutional, saying the manner used in the proposed deployment is illegal.
The court found that the National Security Council has no legal mandate to deploy police officers under the law, adding that it can only do so with the defence forces.
"An order is hereby issued prohibiting the purported deployment of police officers to Haiti or any other country," Justice Mwita ruled.
However, President William Ruto on Tuesday said the plan to send the police officers to Haiti will go on.
Ruto who spoke in an interview with Reuters said what the court said had been greatly misinterpreted.
The President said Kenya already has bilateral relations with the Caribbean nation and that what remains was for Haiti to make a formal request to Kenya to have the officers deployed.
"I think there is a misinterpretation of what the court did," Ruto told Reuters on the sidelines of the Italy-Africa summit in Rome.
"We already have bilateral relations with Haiti, all that needs to be done now is for Haiti to make a request to Kenya and the mission will go ahead."
Ruto said the process can be concluded quickly and the officers duly deployed.
"So, that mission can go ahead as soon as next week, if all the paperwork is done between Kenya and Haiti on the bilateral route that has been suggested by the court," he said.
Justice Mwita in his ruling said any other action taken by any other state organ in furtherance of the deployment decision would also be invalid, null, and void.
Speaking on Friday shortly after the decision was delivered, Government Spokesman Isaac Mwaura said the state will appeal the verdict.
“While the government respects the rule of law, we have however decided to challenge the High Court’s verdict forthwith,” Mwaura said in a statement to newsrooms.
He said Kenya has an outstanding track record of contributing to peacekeeping missions internationally in countries such as South Sudan, Namibia, Croatia, Liberia and Sierra Leone among others.
“The government reiterates its commitment to honouring its international obligations as a member of the community and comity of nations,” Mwaura added.
The police officers drawn from the Rapid Deployment Unit, Anti-Stock Theft Unit, General Service Unit and Border Patrol Unit completed their training on January 4, in readiness for the Haiti mission.
If deployed, the 1,000 Kenyan officers will be joined by teams from Chile, Jamaica, Paraguay, Burundi, Chad, Nigeria and Mauritius which have all agreed to send their personnel to Haiti.
A high-powered delegation from Haiti led by director general of the Haitian National Police Frantz Elbe and Director of Criminal Investigations Frédéric Leconte conducted a three-day tour of Kenya from December 12, to understand how the Kenyan police operate.
Parliament has since approved the deployment of Kenyan police officers to the UN-backed security mission.
Haiti first sought help in 2022 as gang violence surged but was unable to find allies willing to take charge of the mission.
However, in July last year, Kenya took up the role and offered 1,000 officers to lead the mission.