Nairobi — The High Court has extended an order restraining Interior Cabinet Secretary Kithure Kindiki from deploying Kenya's police units as part of the multinational security mission in Haiti.
High Court Judge Chacha Mwita, sitting at Nairobi's Milimani Law Courts, gave the extension even as he scheduled hearings on the matter to begin on November 9.
Haiti has been grappling with a surge in violence since the assassination of President Jovenel Moïse in July 2021 at his private residence in the capital, Port-au-Prince, triggering calls for a security intervention to complement the efforts of understaffed and under resourced Haiti national police force.
On October 9, the court temporarily halted the police deployment, and restrained the National Assembly from considering the matter, pending further directions.
Justice Mwita certified an application by Thirdway Alliance party as urgent saying the petition raised substantial issues of national importance and public interest, warranting urgent consideration.
"THAT A conservatory order is hereby issued restraining the respondents from deploying police officers to HAITI or ANY OTHER COUNTRY until 24th October," Mwita said in an order issued Monday.
The court ordered that the pleadings be served on the respondents immediately and directed Kindiki to file responses to the petition within three days after service.
The petitioners will then have three days to file and serve a supplementary affidavit, if any, together with written submissions to the petition, not exceeding 10 pages.
The court further directed that once served, the respondents will have three days to file and serve written submissions to the petition, also not exceeding 10 pages.
In his suit, Aukot argues that the decision by Kenya to send its forces to the Caribbean nation that continues to witness a surge in gang violence is unconstitutional.
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Public scrutiny
The decision by Kenya to lead a multi-national security mission in Haiti has elicited mixed reactions across Kenya and the world with a section of Haitians also protesting the move.
On October 3, Foreign Affairs Principal Secretary Korir Sing'oei clarified that Kenya will now seek parliamentary approval for deployment of its police officers to Haiti after the United Nations Security Council approved a Kenyan-led multi-national security mission to quell gang violence to the Caribbean nation.
Sing'oei explained that the government was awaiting the nod from the UNSC before taking the matter to the National Assembly.
"To my mind, 'Expressing willingness to contribute or even lead a Mission' is not the same as committing troops," he said, adding that Kenya will only deploy after satisfying constitutional conditions.
"Now that UNSC Res 2699 (2023) has been adopted, I am certain the government will meet its constitutional obligations and seek necessary parliamentary authorization."
