Nairobi — The intended deployment of 1,000 police officers to Haiti will be unconstitutional and unlawful, the court was told.
Justice Chacha Mwita was told by a petitioner Dr. Ekuru Aukot through his lawyer Charles Bitenga that the government has already made a decision to deploy the officers to a foreign country which has no bilateral treaty with Kenya.
The communication to deploy the officers was conveyed by the National security council and the Ministry of Interior. The petitioner said there was no request made by Haiti give which has no Parliament since 2020 to deploy members of the National police service.
The court was told that the resolution by the national security council over the deployment cannot be enforced by the Kenya government.
The members of the National police service under the police Act requires them to provide the security within its territory.
The petitioners application was supported by the Law society of Kenya through Evans Ogada to the effect that the intended deployment will offend several articles of the 2010 constitution.
However the move to deploy the officers was supported by Attorney General and the Cabinet Secretary for Interior. The AG through Emmanuel Binta said a decision has not yet been made, it is only a communication from the National security council to the Spelaer of the National Assembly seeking Approval.
Binta told the Judge that the petitioner filed his application seeking to stop the action which has not taken place. He said the government has always and will act within the armpits of the law before taking any action.
However as the proceedings were going on before the judge passed the approval enabling the government to send the 1000 police officers to Haiti.
The petitioner speaking to journalists after the hearing of the application said the action by parliament to allow deployment was in contempt of court.
He said the court had on 25th October 2023,issued a conservatory order stopping the government from deploying the officers pending the hearing and determination of the petition.
The Judge will deliver the Judgment on the petition on 26th, January 2024.
