Kenya’s high court rules deploying nation’s police officers to Haiti is unconstitutional

NAIROBI, Kenya (AP) — Kenya's high court on Friday blocked the United Nations-backed deployment of Kenyan police officers to Haiti to help the Caribbean country bring gang violence under control.

Judge Chacha Mwita said Kenya's National Security Council, which is led by the president, does not have the authority to deploy regular police outside the country. 

Kenya's parliament passed a motion in November allowing the deployment of 1,000 officers to lead a multinational force in Haiti.

“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 said.

The judge said Kenya's offer was noble but needed to be carried out in accordance with the constitution.

Mwita made the ruling in response to an application from Thirdway Alliance Party leader Ekuru Aukot, who argued that the government's plan to send the officers to Haiti was illegal.

Kenyan government spokesperson Isaac Mwaura said it will appeal the decision.

The decision was considered by many to be a blow to Haiti, which first requested the immediate deployment of a foreign armed force in October 2022.

“This is terrible news for Haitians,” said Diego Da Rin of the International Crisis Group.

“The vast majority of the population was waiting for external help to assist the police regain some control of the capital and the areas most affected by violence.”

Mercy Corps Country Director for Haiti, Laurent Uwumuremyi, supported the High Court's decision saying that previous international peacekeeping missions — such as the UN mission MINUSTAH that was deployed there 2004-2017 — and international interventions have had disastrous consequences for Haiti.

“Solutions for Haiti, including those to bolster the Haitian National Police and the army to tamp down violence and return some semblance of security, should be led by Haitians,” Uwumuremyi said.

He said another international intervention might inadvertently worsen the situation, exposing more people to violence.

“It is critical that any intervention is done to restore stability, respects human rights and humanitarian laws, and does not jeopardise or hinder aid operations or worsen the violence,” he said.

An unprecedented surge in gang violence is plaguing Haiti, with the number of victims killed, injured and kidnapped more than doubling last year, the UN secretary-general's special envoy for the country said Thursday.

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