High Court has ruled in favour of a petition brought by Ekuru Aukot to stop the deployment of National Police Services (NPS) officers to Haiti, terming it a violation of the constitution.
High Court Judge Chacha Mwita, in a judgment delivered on Friday, said neither the National Security Council nor the NPS possess the authority to station police officers beyond Kenya’s borders.
Mwita said in a ruling that “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.
“It is not contested that there is no reciprocal arrangement between Kenya and Haiti and for that reason, there can be no deployment of police to that country.”
Mwita, however, acknowledged that Kenya’s offer to help quell violence in Haiti is viable, but it must be done in strict compliance with the Kenyan Constitution.
“An order is hereby issued prohibiting the deployment of police officers to Haiti or any other country otherwise than any compliance with part 14 of NPS Act.”
In 2023, Kenya volunteered to lead a multinational security force in Haiti to quell gang violence.
Haitian Prime Minister Ariel Henry last year asked the United Nations (UN) to urgently deploy a multinational force.
He said his government had been overwhelmed by gangs who controlled 80% of the capital, Port-au-Prince.
The UN Security Council backed Kenya’s offer to lead the force and Kenyan lawmakers went on to approve the deployment.
Aukot said the ruling was a win for Kenya and that the country could not afford to spare officers before tackling its own security challenges.
According to him, President William Ruto only using the deployment to prop up his international image and seek favour with Western countries like the US.