The government is set to challenge a ruling by the High Court on the deployment of police officers to Haiti, which it termed unconstitutional.
In a statement released by the Government Spokesperson Dr. Isaac Mwaura, the government will respect the court’s verdict, but will however challenge the decision in the appellate court.
“The government of Kenya takes note of the High Court’s ruling regarding the deployment of the Kenya Police to help in the Multi-national Security Support (MSS) Mission for the restoration of law and order in Haiti. While the government respects the rule of law, we have however made the decision to challenge the High Court’s verdict forthwith,” read the statement.
Judge Chacha Mwita ruled that the move by the government to deploy 1,000 police officers to fight gangs and restore peace in Haiti was unconstitutional.
In his ruling, Justice Chacha said the National Security Council has no mandate to deploy police officers outside Kenya to keep peace. However, the Kenya Defence Forces inclusive of the Army, Navy, and Air Force, can go outside for peacekeeping missions.
“Under article 240(8) of the constitution of Kenya; or any other law, the National Security Council, cannot deploy Police officers outside Kenya.” Judge Chacha Mwita stated.
According to the judge, the national police service is not a force but, a service, thus, deploying police officers to Haiti is against the law.
In July 2023, President William Ruto offered to deploy 1,000 officers to Haiti to help curb insecurity. In October last year, Ruto’s decision received a backup from the United Nations Security Council.
Defending the government’s move to deploy the police officers, Mwaura said the country has a great track record in peacekeeping missions, which have been fruitful.
Kenya has been part of peacekeeping missions in several countries, including Sierra Leone, Namibia, and South Sudan. Mwaura further added that the government is committed to honouring its international obligation as a member of the community and comity of nations.
“Kenya has an outstanding track record of contributing to peacekeeping missions internationally in countries like South Sudan, Namibia, Croatia, Liberia, and Sierra Leone among others,” he said.
In his petition, Thirdway Alliance Leader Dr. Ekuru Aukot said there was neither a cabinet meeting nor evidence that showed due process was followed to give President Ruto the mandate to deploy the police officers to a peacekeeping mission outside Kenya.
Respondents in the petition included President William Ruto, Interior CS Kithure Kindiki, Police IG Japheth Koome, and Attorney General Justin Muturi.
However, Judge Chacha ruled that Ruto’s name be left out, as the law prohibits any suit against a sitting President.
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