By Sefu Sabila
Worth Noting:
- In his ruling, justice Chacha said the national Security Council has no mandate to deploy the police officers outside Kenya to keep peace. However, Kenya Defence Forces inclusive of Army, Navy and Air force, can be deployed outside for peace keeping missions.
- “Under article 240(8) of the constitution of Kenya; or any other law, the National Security Council, cannot deploy Police officers outside Kenya.” Judge Chacha Mwita stated.
- According to the judge, the national police service is not recognized as a force but, as a service, thus, deploying police officers to Haiti will be against the law.
The government to challenge High Court’s ruling on the deployment of police officers in Haiti. In a statement released by the government’s spokesperson Dr. Isaac Mwaura, the government will respect the court’s verdict, but will however challenge the decision in the appellate court.
The government of Kenya takes note of the High Court’s ruling regarding the deployment of the Kenya Police to help in multi-National Security Support (MSS) Mission for the restoration of law and order in Haiti. While the government respects the rule of law, we have however made the decision to challenge the High Court’s verdict forthwith.” Read the statement.
On the Verdict delivered on 26th, by the High Court judge Chacha Mwita, the move by the government to deploy 1,000 police officers to fight gangs and restore peace in Haiti is unconstitutional.
In his ruling, justice Chacha said the national Security Council has no mandate to deploy the police officers outside Kenya to keep peace. However, Kenya Defence Forces inclusive of Army, Navy and Air force, can be deployed outside for peace keeping missions.
“Under article 240(8) of the constitution of Kenya; or any other law, the National Security Council, cannot deploy Police officers outside Kenya.” Judge Chacha Mwita stated.
According to the judge, the national police service is not recognized as a force but, as a service, thus, deploying police officers to Haiti will be against the law.
In July 2023, President William Ruto had offered to deploy 1,000 officers to Haiti to curb the insecurities in the Latin America nation, which was later backed up by the United Nations Security Council on peace mission in October last year.
Defending the government’s move to deploy the police officers, the government’s spokesperson Dr. Isaac Mwaura said the country has a great track in peacekeeping mission that have since been fruitful. Among the nations that Kenya peacekeeping mission is recorded include Sierra Leone, Namibia, South Sudan among others. Dr. Mwaura further adding that the government will keep on in its international obligation as a member of the community.
“Kenya has an outstanding track record of contributing to peace keeping missions internationally in countries like, South Sudan, Namibia, Croatia, Liberia, Sierra Leone among others.” He said.
“The government reiterates its commitment in honouring its international obligation as a member of the community and comity of nations.” He further added.
The petitioner Thirdway Alliance leader Dr. Ekuru Aukot said there was neither a cabinet meeting nor evidence that due process was followed, to give the president William Ruto the mandate to deploy the police officers to a peacekeeping mission outside Kenya.
The respondent including President William Ruto,Interior CS Kithure Kindiki, Police IG Japheth Koome, as well as the Attorney General Justin Muturi.
However, judge Chacha ruled that President William Ruto’s name be left out, as the law prohibits any suit against a sitting president.
Mt Kenya Times