Kenya court blocks police deployment to Haiti
The Kenyan High Court has prohibited the government from dispatching police officers to combat gangs in Haiti.
The judge contended that such deployment would violate the law since the National Security Council lacks the legal mandate to dispatch police personnel beyond Kenya’s borders.
He clarified that the council’s authority extends only to deploying military forces for peacekeeping endeavors, such as in Haiti.
Last year, Kenya volunteered to spearhead a multinational security contingent in Haiti to suppress gang-related violence.
The judge further elucidated that Kenyan legislation permits the government to deploy police officers to another nation only if a reciprocal agreement exists between Kenya and the host country.
Kenya’s government has announced its intention to challenge the court’s decision.
Haitian Prime Minister Ariel Henry urgently appealed to the UN last year to deploy a multinational force.
He stated that his government had been overwhelmed by gangs controlling 80% of the capital, Port-au-Prince.
The UN Security Council endorsed Kenya’s offer to lead the force, which Kenyan legislators subsequently approved for deployment.
In Haiti, the potential deployment elicited varied reactions from community members who have endured the repercussions of gang activities.
Laurent Uwumuremyi, the country director of Mercy Corps, informed the BBC that the mission held promise in facilitating access to public infrastructure and addressing the humanitarian crisis.
He added though that some community members said Haiti did not need external interventions and that they saw it as a waste of money and time.
Ekuru Aukot, the Kenyan opposition leader who brought the case, said the court ruling was a win for the country, which could not afford to spare officers before tackling its security challenges.
Mr Aukot added that President William Ruto was only using the deployment to prop up his international image and seek favor with Western countries like the US.
President Ruto said Kenya had an “impressive record” of participating in peace support missions around the world.
He added that the deployment would enable officers to improve and sharpen their skills and experience in providing security.
However, the suitability of Kenyan police for the deployment has raised concerns over possible human rights violations.
Nicole Widdersheim, deputy Washington director at Human Rights Watch, told the BBC they had documented Kenyan police violence, including murders, going back to 2013.
She added that there has been a long history of international armed intervention in Haiti doing “a lot of terrible things”.
The Kenyan government has denied any allegations of human rights violations by its officers.
One police officer who had already received two months of intensive training said he was “demoralized” by the ruling.
“I was prepared to go. I wanted to see how other police officers are doing their work and to add to my experience.”
But he said he would use the training “to serve here in Kenya”.
This is the second major court ruling to go against Kenya’s government on the same day. The High Court also rejected a government attempt to overturn a block on a controversial housing levy.
It comes after Mr Ruto had recently criticized judges he said were corrupt for blocking government policy.