The High Court will on January 26 determine whether the move by the state to deploy police officers to Haiti to curb insecurity was constitutional.
Justice Chacha Mwita set the date after parties in the case highlighted their submissions in open court on Thursday.
Thirdway Alliance Party Leader Ekuru Aukot, the party and its chairperson Mururu Waweru (Petitioners) argued that the 2010 constitution did not envisage the deployment of police officers to missions outside the country making the move unconstitutional.
They told the Judge that they were not challenging the decision as to whether parliament can approve deployment or not but the decision of the executive conveyed by the National Security Council and CS Interior Kithure Kindiki who sat and made a decision that the police be deployed.
The Petitioners through Advocate Charles Midenga said it’s only members of the Kenya Defense Forces that can be deployed outside the country.
In a rejoinder, advocate Eric Gumbo repressing the council and Kindiki told the court that at the time the case was filed, no decision had been taken by the government of Kenya about the deployment of police officers in Haiti.
He said the decision taken by the council must then be subjected to Parliament comprising the National Assembly and the Senate before it is implemented.
“Until the assembly renders itself, we can't say a decision has been taken. Parliament here comprising of the national assembly and senate. You are being invited to be a determination on an issue that is still being considered by other constitutional organs,” said Gumbo.
Gumbo said whether it's possible to deploy our officers to a foreign country is something those organs will be determining.
He explained that Kenya having ratified the UN charter in 1963 is obligated to support the peace initiative
“I submit that we are prematurely before you. An agreement can't come before a decision is made. Petitioners presented before you based on the assumption that decision has been made,” he said.
Emmanuel Bita supported the arguments made by Gumbo.
He told the court that by the time the petitioners filed this matter parliament did not sit or consider this issue.
Justice Mwita after hearing the parties extended orders blocking the deployment of police officers pending a determination on the case on January 26 next year.
