Judiciary should hear Haiti appeal urgently

In Summary

• The High Court has blocked the Kenya government from sending 1,000 police to lead a UN peace mission to Haiti. 

• The ruling hinges on whether the National Security Council has the authority to deploy Kenya police abroad.

Some of the police officers from AP's Special Operations Group trained for Haiti deployment
Some of the police officers from AP's Special Operations Group trained for Haiti deployment

Everyone wants an independent judiciary but court judgments can still be interrogated.

Government says it is going to appeal the ruling of the High Court last Friday that the police deployment to Haiti should be halted because the National Security Council does not have the mandate to send police overseas. The court also said that there was "no reciprocal arrangement" between Haiti and Kenya although it is a United Nations operation.

The 2010 Constitution says that the NSC "may, with the approval of Parliament, deploy national forces (which include the police) outside Kenya". The National Assembly approved the deployment of 1,000 Kenyan police officers to lead the UN peace mission to Haiti.

Prima facie, the government followed the law. However in October Thirdway Alliance Party leader Ekuru Aukot appealed and the deployment was suspended.

Meanwhile people are suffering in Haiti where 100 gangs control 40 percent of the country. The Haiti government, the UN, and the US government are all anxious for the long-delayed mission to proceed as soon as possible.

Government is right to appeal and is within its rights to do so. The Appeal Court should hear this case as a matter of urgency.

Quote of the day: "A desperate disease requires a dangerous remedy."

Guy Fawkes
He was executed for his part in the Gunpowder Plot on January 31, 1606

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