Heated debate as MPs approve Haiti deployment

MPs on Thursday voted to approve deployment of 1,000 police officers to Haiti for the UN backed peace keeping mission despite a spirited resistance from the opposition. 

Both houses of Parliament gave a green light, allowing Kenya to lead the Multinational Security Support Mission (MSSM) in the Caribbean country.

The deployment will however wait for hearing and determination of a court case filed by Thirdway Alliance.

In a morning vote on Thursday, the lawmakers adopted the joint committees’ report that had recommended that the House approve the deployment.

The joint committee that was considering the deployment had given the exercise a green light in its report tabled before the House.

“The committees, having reviewed Kenya’s obligations to the UN, its existing legal framework, submissions through public participation and submissions by stakeholders, recommends that Parliament approves the proposed deployment of the National Police Service to the Multinational Seurity Support Mission for Haiti under the provisions of the Constitution,” the joint team recommended.

The joint committee consisted of the National Assembly Departmental Committee on Administration and Internal Affairs and Senate Committee on National Security, Defence and Foreign Relations.

The National Assembly committee is chaired by Gabriel Tongoyo (Narok West) while the Senate team is chaired by William Cheptumo (Baringo).

Earlier, there was a heated debate as the minority side tried in vain to shoot down the report, citing a court order that has barred government from deploying the officers.

Led by Minority Leader Opiyo Wandayi, the opposition MPs argued that the deployment not only breached the constitution, but also subjudice when an active case is yet to be determined by the courts.

The Ugunja MP claimed the constitution only talks of deployment of country’s forces which does not include the National Police Service.

“The whole country is aware that the matter of deployment is duly before the court, unless we are deviating from our norms, I submit the House is not in proper place to deal with the matter,” Wandayi said.

“Article 241 you will find there have established the Kenya Defence Forces and it goes further to list those forces as consisting of KA, KA and KN.  Nothing could have been easier if the drafters had intended to include NPS to say so under Article 240 (8).”

Wandayi was supported by Rarieda MP Otiende Amollo cautioning against setting a bad precedent that will in future catch up with the country.

Otiende referring to the court case filed by Thirdway Alliance against the deployment, insisted the whole process of deployment has been injuncted and any consideration by the House will be a breach of the law.

“It is clear that the case is active, it falls under Standing Order  89. It is not true that orders read only restrict deployment of police, it stops all processes that leads to that,” Otiende argued.

Standing Order 89 (1) states, “ Subject to paragraph (5), no Member shall refer to any particular matter which is subjudice or which, by the operation of any written law, is secret.”

“Court order binds everyone whether you are part of the proceedings or the not. You cannot say that you cannot take Parliamentary notice, this debate should be held in abeyance.”

But Deputy Speaker Gladys Shollei dismissed the arguments stating Parliament has not been served by any order restraining it from carrying out their mandate.

“Subjudice is when you discuss the merit and demerit of what is before the court, that is not what is here in the House,” Shollei said.

“Matter raised by the leader of Minority is premature. Court order has not been served upon the speaker.”