The government has suffered a blow after the court prohibited the National Security Council from deploying police officers to Haiti.
Delivering the judgement on Friday, High Court Judge Chacha Mwita said the manner used in the proposed deployment is unconstitutional, null and void.
He said the National Security Council has no legal mandate to deploy police officers under the law, adding that it can only do so with the defence forces.
"An order is hereby issued prohibiting the purported deployment of police officers to Haiti or any other country, otherwise and in contrary with Sections 107 and 108 of the National Police Service (NPS) Act," he ruled.
He added that any other action taken by any other state organ in furtherance of the deployment decision would also be invalid, null and void.
Justice Mwita had on October 24, 2023, extended orders stopping the deployment of the officers to Haiti for a peacekeeping mission pending the determination of a case filed by Thirdway Alliance party leader Ekuru Aukot.
Aukot and the party chairperson Mururu Waweru had argued that deployment of police officers is not envisaged in the constitution.
Through Advocate Charles Midenga, they said the law provides for the deployment of only military personnel, and even in such a case the public must be consulted.
This was however opposed by the state.
The court was also set to determine whether some sections of the NPS Act were constitutional as it was otherwise argued.
Upon determination, Justice Mwita said sections 107,108 and 109 of the NPS Act are constitutional and there are no inconsistencies between them and the constitution.
Following the judgement, President William Ruto and his administration are blocked from deploying at least 1,000 police officers to the gang-ridden nation.
The respondents included the National Security Council, the IG of police, Speaker of National Assembly, The Attorney General and the President.
The court however struck out the Head of State's name noting that he cannot be sued while in office.
