The Nairobi High Court has issued a ban on the deployment of a thousand Kenyan police officers to Haiti as part of a United Nations mission. This decision comes after the court found that the Kenyan National Security Council does not have the authority to command the deployment of security agents abroad.
Judge Chacha Mwita, who delivered the verdict, stated that the deployment of police officers in Haiti or any other country is prohibited. He highlighted that the Kenyan National Security Council could only send Kenyan agents abroad if there was a reciprocal agreement with the host country. Since there is no such agreement between Kenya and Haiti, the deployment cannot proceed.
This ruling came in response to a lawsuit filed by lawyer and opposition politician, Ekuru Aukot, who argued that the Kenyan Constitution limits the deployment of police for operations within the national territory. Despite the Nairobi High Court ordering a temporary block on the mission last October, the Kenyan Parliament approved the initiative in November.
The Kenyan Government also gave the green light to the mission, with the Minister of the Interior, Kithure Kindiki, stressing that the country must first receive the necessary funds for the deployment.
The verdict from the court adds a new obstacle to the Kenyan mission in Haiti, which was proposed to lead a multinational contingent to improve security in the Caribbean country. The mission was requested by the Haitian Government and has the support of the UN Secretary General, António Guterres. However, several Caribbean countries have expressed their willingness to participate in the mission, including Jamaica, Barbados, and the Bahamas.
The UN has clarified that the mission in Haiti would not resemble a peacekeeping or interposition force but rather a police support force under the orders of the Haitian Police. Haiti has been facing a deep crisis marked by extreme violence and the control of armed groups in the capital and other parts of its territory, leading to numerous murders, rapes, kidnappings, and other crimes.