Nairobi — The High Court is set to deliver judgment on the petition challenging the deployment of a 1,000-strong police force to lead a multinational security support mission in Haiti.
The ruling is scheduled to be rendered at Nairobi's Milimani Law Courts by High Court Judge Chacha Mwita.
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.
Kenya had okayed the deployment of the police units to lead the peace efforts in the violence-hit Caribbean nation, but the move was blocked after Thirdway Alliance Party leader Ekuru Aukot filed a case challenging it on October 9.
In his petition, Aukot argued that the move was unconstitutional.
The court further extended the orders barring Interior Cabinet Secretary Kithure Kindiki from deploying Kenya police in the UN-backed mission in fresh direction October 24.
House nod
The National Assembly approved the proposed deployment to Haiti on November 16, 2023.
The government is banking on Senate's concurrence with Senators largely expected to back a report by a Joint Security and National Administration Committee of Parliament.
The joint team approved the deployment with a dissenting opinion from Homa Bay Town MP Peter Kaluma who opposed the deployment terming it "unconstitutional and unlawful".
Kaluma argued that the National Police Service (NPS) can only perform its function within the territory of Kenya and that it is not a force for deployment outside the country.
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Further, he opposed the deployment arguing that NPS is an independent institution which is not capable of deployment under instruction of the National Security Council (NSAC).
Kenya-led Mission
Interior Cabinet Secretary Kithure Kindiki had told the joint parliamentary team that the proposed deployment of NPS officers to Haiti is not just a fulfillment of Kenya's global obligations, but a move that enhances the country's reputation as a reliable nation.
Kindiki put a strong case for the Mission which is part of United Nations Multinational Security Support in Haiti.
He projected a budget of Sh36.5 billion out Sh91 billion earmarked for the 11-nation mission.
Kindiki said the exercise to list the 1,000 troops for the mission had commenced.
"We have agreed that the resources for this mission will be arranged and mobilized among Member States. Unless all resources are mobilized and availed, our troops will not leave the country," he said.
CS Kindiki said Kenya will deploy the officers in batches to ensure proper coordination.
"We have taken the proactive measure to ensure we at least identify the officers. We are engaged to ensure they are fit for purpose," he said.
At least ten other countries have signaled readiness to deploy personnel to the Kenya-led Mission which received approval from the UN Security Council in October, 2023.
