A Nairobi court this week temporarily suspended a Kenyan government plan to deploy 1,000 police officers to Haiti. The case was brought to court by three petitioners, including opposition politician and constitutional lawyer Ekuru Aukot, who told VOA the proposed deployment was unconstitutional. Analysts say there may be a way for the government to argue its case.
The ruling by the High Court of Kenya puts a hold on the deployment of police officers to Haiti or any other country, pending another hearing scheduled for October 24th.
This will allow government officials to respond to the arguments made against them in the petition, the ruling shared with VOA says.
The petitioners include opposition politician and constitutional lawyer Ekuru Aukot. The politician told VOA that although he cannot really discuss a matter that is actively in court, he maintains that the government’s plan to send 1,000 of its police to Haiti is not in line with the constitution.
“The whole thing is very un-procedural," said Aukot. "It is unconstitutional. And for me, as a person who sat on the committee of experts and as a CEO to direct the writing of our current constitution, it behooves me to be able to point out an unconstitutional decision.”
The U.N. Security Council last week approved a Kenya-led multinational security force aimed at helping the troubled Caribbean nation.
While many in Kenya question their country’s lead role in this mission, some have been supportive of President William Ruto. He says, “It’s a mission for humanity and … is of special significance and critical urgency” for Kenyans.
A representative from the Ruto government told us on Tuesday that the government will argue its case and abide by the court’s decision.
Meanwhile, in the petition shared with VOA, Aukot cites two articles in the Kenyan constitution. They say that only Kenya Defense Forces can be deployed to another country and that the National Police Service will only function throughout Kenya. But… “There is an inkling in Section 107 and 108 of the National Police Service Act, and it says the National Police may, it’s very discretionary, may be deployed but it has to be upon a request from a reciprocating government," said Aukot. "And that’s one of the gists of the question we are raising, which I don’t want to discuss in detail because it’s a matter for determination.”
Haiti did ask for help but didn’t ask Kenya specifically and there is no reciprocal agreement between the two governments, Francis Khayundi, assistant professor of international law at the United States International University - Africa, told VOA.
Khayundi says the court’s decision is in line with the petitioners’ argument on what processes had not been followed.
“For me looking at the petition and looking at what the laws provide, it makes sense because as it is, procedure was not followed or better yet, not all information is being given that would make us know why Kenya is getting involved," said Khayundi.
But Khayundi notes there may be a way for the government to make its case.
“Actually, there’s provision for the police to be deployed outside the country; however, this is a decision that has to be taken by the National Security Council; it’s informed by Article 240 of the Kenyan constitution. So far, we have not heard of any decisions being taken by the National Security Council to deploy the police, so I think that is where the issue is," said Khayundi.
He says the NSC is a body established by the constitution that includes the president, his deputy, a few Cabinet secretaries, the attorney general, the director general of the national intelligence service, and the inspector general of the National Police Service. And so far, they’ve only mostly heard from the president and a few Cabinet secretaries making the case for deployment.
