Kenya has halted the deployment of 1,000 police officers to lead a multi-national security mission to quell gang violence in Haiti following Prime Minister Ariel Henry’s resignation.
Kenya’s Foreign Affairs Principal Secretary Korir Sing’Oei on Tuesday said the deployment is dependent on the situation on the ground.
“The critical ground situation is that there has to be an authority that can be the basis for a police deployment, that enjoys constitutional authority in Haiti,” Sing’Oei said.
“Without a political administration in Haiti, there is no anchor on which a police deployment can rest,” he added.
Following the adoption of resolution 2699 (2023), Haiti began the constitutionally mandated administrative and legal processes to authorize the deployment of formed police units.
Adopting the resolution by a recorded vote of 13 in favour with two abstentions (China and Russia), the Council authorized the Mission that would be funded voluntary contributions and support from individual member states and regional organizations.
The deployment has faced headwinds since it was announced, with criticism that it was only at the behest of the US, which had contributed $100 million towards it.
COURT CASE
Lawyer Ekuru Aukot moved to court in October, arguing the deployment would be unconstitutional.
The petitioner argued there was no request by the Haitian government, a cabinet resolution on the plan and that the Constitution does not envisage the deployment of police officers outside Kenya.
“Haiti is not a ‘reciprocating’ country as per the definition provided in section 107 of the (NPS) Act. Even if Haiti was a reciprocating country, which is vehemently denied, Haiti has not made any application for deployment of Kenyan police service to their country and the deployment is based on a UN Security Council resolution passed on October 2, 2023, which in any case cannot supersede the provisions of the Constitution and the Act,” Dr Aukot argued.
He adds that to the extent sections 107, 108 and 109 of the National Police Service Act provide for deployment of the service under reciprocal arrangements with reciprocating countries, the said sections are unconstitutional since they offend Articles 240 (8) and 243 (3) of the Constitution.”
In January, judge Chacha Mwita agreed with Aukot, ruling that any decision by any state organ or state officer to deploy police officers to Haiti contravenes the Constitution and the law and is, therefore, unconstitutional, illegal and invalid.
“An order is hereby issued prohibiting deployment of police forces to Haiti or any other country,” he said.
SECURITY DEAL
To address the reciprocal deal, a condition that the court had issued, Haiti Prime Minister visited Kenya early March and with President William Ruto signed a security deal, ostensibly removing the last major obstacle to the deployment.
Ruto said after months of delays the agreement would “enable the fast-tracking” of a security mission. But since then, PM Henry has not been able to return home.
Violence escalated sharply since February 29, with gunmen burning police stations, closing the main international airports and raiding the country’s two biggest prisons, releasing more than 4,000 inmates.
Gang leaders demanded the resignation of PM Henry.
Reacting to the Kenyan announcement, U.S. State Department spokesperson Matthew Miller told reporters: “We would be concerned of course about any delay (in the deployment), but we don’t think that there will need to be a delay.”
“If you look at what the Kenyan government said in its statement is that they have to have a government with which to collaborate, which has been an important part of their understanding. It’s a perfectly natural thing to expect,” he added.
