BY SAM ALFAN.
The High Court has blocked the government of Kenyan from deploying police officers to Haiti for a peacekeeping mission.
The government was planning to send at least 1,000 police officers to the gang-ridden nation.
Dr Akuro Aukot filed a petition before the High Court claiming that Kenya’s bid to lead a United Nations-approved force into the Caribbean island nation is in gross violation of the Constitution.
Justice Enock Mwita agreed stating that under Article 240 of the constitution, the National Security Council has no legal mandate to deploy police officers outside Kenya.
Judge Mwita further ruled that Kenya has no reciprocal agreement with Haiti and therefore cannot send members of the National Police Service to the Caribbean nation.
“An order is hereby issued prohibiting deployment of police officers to Haiti or any other country, otherwise than in compliance with Part XIV-sections 107 and 108 of the National Police Service Act,” ruled the judge in his decision,” declared the judge.
Judge Mwita said sections 107, 108 and 109 of the National Police Act which provide for deployment of police officers outside the country under reciprocal arrangements to reciprocating countries, are constitutional and valid.
However, the National Security Council has no mandate to deploy police officers outside Kenya under article 240(8) of the Constitution or any other law.
In the 58 page decision, the judge declared that any decision by any state organ or state officer to deploy police officers to Haiti, and any further action or steps taken by a state organ or state officer in furtherance of such decision, contravenes the Constitution and the law and is therefore unconstitutional, illegal and invalid.
“It is my finding that the National Security Council and National Police Service (NPS) do not have powers at all to deploy police outside Kenya. I therefore find the deployment of 1,000 police officers to Haiti in an UN-approved mission unconstitutional, null and void, “Justice Mwita ruled.
The judge stated that the petitioners properly moved the Court in defence of the Constitution as the acts complained of were a threat to violate the Constitution and the law.
“In that regard, any purported decision by National Security Council to deploy police officers outside Kenya and any other action taken by any other state organ or state officer in furtherance of that decision, is invalid null and void,” said the judge.
