- High Court judge Justice Chacha Mwita said the National Security Council, which includes the President, does not have the power to deploy regular police outside of the country.
- Mwita on Friday January 26 noted that the National Security Council and National Police Service do not have powers to deploy police outside the country.
The US says it supports ongoing international efforts to deploy a Multinational Security Support mission for Haiti.
This comes after a court in Nairobi stopped Kenya from deploying police to the Caribbean nation.
The US State Department said in a statement on Monday its commitment to the Haitian people remains unwavering.
“We reaffirm our support of ongoing international efforts to deploy a Multinational Security Support mission for Haiti, as requested by Haiti and authorised by UN Security Council Resolution 2699, and renew our calls for the international community to urgently provide support for this mission,” the statement.
It added the US acknowledges the ruling by the High Court regarding the deployment of Kenyan police in support of the Multinational Security Support mission to Haiti and the government’s stated intent to challenge this ruling.
The statement added that the international community must respond to the unprecedented levels of gang violence and destabilising forces preying upon the Haitian people.
"At the same time, we call for the restoration of democratic order through an inclusive political process in Haiti. We continue to urge Haitian stakeholders to reach a consensus on power-sharing and inclusive governance.”
“The only legitimate path to long-term peace and stability is through free and fair elections,” the statement added.
President William Ruto’s plan to deploy police to Haiti suffered a blow after a court stopped the mission.
High Court judge Justice Chacha Mwita said the National Security Council, which includes the President, does not have the power to deploy regular police outside of the country.
Justice Chacha Mwita on Friday, January 26, noted that the National Security Council and National Police Service do not have powers to deploy police outside the country.
Mwita made the ruling following an application made by Thirdway Alliance Party leader Ekuru Aukot who wanted the court to block the deployment stating that it was illegal.
"To be clear, Article 240 does not mandate the Council to deploy police officers outside Kenya. Deployment should be as provided for in part 14 of the Act and only to a reciprocating country," he ruled.
"It is not contested that there is no reciprocal arrangement between Kenya and Haiti and for that reason, there can be no deployment of police to that country."
The judge acknowledged that Kenya's offer to help mitigate a humanitarian crisis in Haiti was noble, however, he maintained that such deployment needed to be undertaken by the Constitution.
There are plans to appeal the ruling.
Aukot filed his petition in court after Parliament approved the deployment of 1,000 officers to the Carribean nation.
A team of Kenyan police to be deployed to Haiti has completed their training.
The teams from the Rapid Deployment Unit, Anti Stock Theft Unit, General Service Unit, and Border Patrol Unit completed their circulating training from various camps on January 4.
Officials said the team was told to take a brief rest ahead of a key ruling in court on the way forward on their planned deployment.
Plans were to hold a graduation event at GSU Recce squad headquarters in Ruiru to mark the start of the deployment.
Aukot sued the government in a bid to block the peacekeeping mission that will see the deployment of at least 1,000 police officers to the gang-ridden nation.
He argued that Kenya has not ratified any law or treaty to allow the deployment of police officers outside the country.
At stake is more than Sh30 billion the team would get from various stakeholders for deployment.
More than 1,000 officers were to be picked from the Rapid Deployment Unit, Anti Stock Theft Unit, General Service Unit, and Border Patrol Unit to form a larger team for deployment.
A high-powered delegation from Haiti arrived in Nairobi on a fact-finding mission about the preparation of Kenyan police to be deployed to the Caribbean nation had gave the process a thumbs up.
The team led by Director General of the Haitian National Police, Frantz Elbe and Director of Criminal Investigations in Haiti Mr Frédéric Leconte told officials they were satisfied and ready to receive the Kenyan team in their country.
The team landed in Nairobi on Tuesday, December 12 for a three-day tour to understand how the Kenyan police operate.
On December 13, 2023, they met Kenya’s Inspector General of National Police Service Japhet Koome and other top police commanders.
They later visited DCI headquarters, Administration Police Training College, National Police Communications and Command Centre and other highly sensitive and secretive places to learn about the operations there, officials said.
And after the tour, the team left saying Kenya was more than ready to help them.