Kenya’s High Court on Friday delivered a ruling prohibiting the proposed deployment of police officers to Haiti by the National Security Council.
The court, presided over by Judge Chacha Mwita, declared the manner of the deployment as unconstitutional, null, and void.
Judge Mwita underscored that, according to the Kenyan constitution, the National Security Council does not possess the legal authority to deploy police officers beyond the borders of Kenya.
“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 said during his ruling.
“There is no reciprocal arrangement between Kenya and Haiti and for that reason, there can be no deployment of police to that country.”
Last year, Kenya, known for its expertise in combating violent extremism and organized crime, had offered to send 1,000 police officers to Haiti as part of a United Nations Multinational Security Support (MSS) mission.
The deployment, approved by parliament in November 2022, aimed to assist in maintaining law and order in the face of escalating gang violence and political instability in Haiti.
Haiti has been grappling with significant instability, exacerbated by the assassination of President Jovenel Mois by an armed group in 2021.
The resulting violence has deepened the already dire humanitarian and economic situation in the Caribbean nation.
UN Secretary-General Antonio Guterres, the United States, and other members of the international community have advocated for the deployment of an international force in Haiti, pledging financial support to Kenya for such an endeavor.