Kenyan police units cannot be sent to Haiti as part of the international security effort, according to a High Court order preventing Interior Cabinet Secretary Kithure Kindiki.
Since President Jovenel Mose was assassinated in July 2021 at his private residence in the capital, Port-au-Prince, calls for a security intervention to supplement the efforts of the understaffed and underfunded Haiti national police force have increased.
On 24 October, Judge Chacha Mwita of the Milimani High Court temporarily halted the police deployment and prohibited the National Assembly from debating the situation pending further instructions.
An application from the Thirdway Alliance party was certified by Justice Mwita as urgent, stating that the petition highlighted significant concerns of public interest and national importance that required immediate attention.
“THAT A conservatory order is hereby issued restraining the respondents from deploying police officers to HAITI or ANY OTHER COUNTRY until 24 October,” Mwita said in an order issued Monday.
The petition must be answered by Kindiki within 3 days of service, and the court ordered that the pleadings be served on the respondents right away.
Following that, the petitioners will have 3 days to file and serve any further affidavits and submit written responses to the petition that are no longer than ten pages in length.
The court additionally ordered that the respondents, after being served, have 3 days to submit and serve written responses to the petition, which must not be longer than ten pages.
In his lawsuit, Aukot claims that Kenya’s decision to send troops to the Caribbean country that is still seeing a rise in gang violence is unconstitutional.
A portion of Haitians have also voiced their opposition to Kenya’s intention to lead a multinational security mission in Haiti, which has evoked varied reactions in Kenya and around the world.
On 3 October, Foreign Affairs Principal Secretary Korir Sing’oei clarified that following the United Nations Security Council’s approval of a multi-national security mission led by Kenya to quell gang violence in the Caribbean nation, Kenya will now seek parliamentary approval for the deployment of its police officers there.
Sing’oei clarified that before bringing the issue to the National Assembly, the government was awaiting approval from the UNSC.
“To my mind, ‘Expressing willingness to contribute or even lead a Mission’ is not the same as committing troops,” he said, adding that Kenya will only deploy after satisfying constitutional conditions.
“Now that UNSC Res 2699 (2023) has been adopted, I am certain the government will meet it’s constitutional obligations and seek necessary parliamentary authorization.”,