High Court Rules Kenyan Police Deployment to Haiti Unlawful

The High Court has deemed the proposed dispatch of Kenyan police officers to Haiti as illegal. In a judgment delivered on Friday, the court stated that the National Security Council lacks the authority to deploy police personnel to foreign countries.

Last October, the National Security Council sought Parliament’s approval for the deployment of Kenyan police officers on a UN-backed mission to Haiti, which the National Assembly subsequently endorsed. However, the court highlighted that under Article 240 (8) of the Constitution, any deployment of national security forces abroad must be approved by Parliament.

This approval was granted by Parliament despite a temporary injunction issued by the High Court, which halted the deployment pending the hearing of a petition filed by Third-way Alliance Kenya leader Ekuru Aukot and two others. Aukot’s petition contends that the Constitution does not envision the deployment of the police service beyond Kenya’s borders and asserts that such actions must strictly adhere to constitutional provisions.

Despite Kenya’s commitment to dispatch 1,000 security personnel to address gang violence in Haiti, characterized by widespread murders, kidnappings, and extortion, the High Court’s ruling casts doubt on the legality of the deployment.