The Kenyan High Court in Nairobi ruled on Friday that the state’s attempt to deploy police officers to Haiti was unconstitutional. The court underscored the requirement for a reciprocal agreement between Kenya and Haiti under sections 107 and 108 of the National Police Service Act for the lawful deployment of such forces. This verdict comes amidst the growing cautions from UN experts on the escalating gang violence in Haiti.
The court heard arguments from both sides – the claimants contended the unlawful nature of the decision due to lack of public participation. Arguing further, they affirmed that the deployment of officers outside of Kenya defied both sections 107, 108, and 109 of the National Police Service Act and Article 240(8)(a) of the Kenyan Constitution.
The respondents, on the other hand, urged for a ‘total and purposeful’ interpretation of the Constitution which would permit such an overseas deployment. The court, however, agreed with the petitioners and the interested parties, ruling that only forces, not services, can be committed for international support operations per the Constitution and the Kenya Defense Forces Act.
Underlining the absence of any explicit prohibition on the operation of the National Police Service (NPS) beyond the country’s borders in Article 243(3) of the Constitution, the court stated sections 107, 108, and 109 of the National Police Service Act did not infringe Article 240(8) of the Constitution. That being said, the deployment of police officers as detailed in Part XIV of the National Police Service Act, necessitates a reciprocal agreement between Kenya and the foreign country in question. The judgement found the deployment of police officers to Haiti unlawful owing to the non-existence of such an agreement.
The recent verdict follows the parliamentary endorsement of the Kenyan-led mission to Haiti in November, which faced substantial opposition from leaders of the opposing political faction. In light of these legal implications, the mission was temporarily suspended pending further legal deliberations.
In July 2023, the state had announced readiness to send 10,000 police officers to Haiti to help address the widespread gang violence in the country. Following this announcement, the UN Security Council granted its authorization for the deployment of a multinational security support contingent to assist Haiti. However, as of the time of writing this article, no Kenyan forces have been deployed.
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