A Kenyan delegation has landed in Haiti, laying the groundwork for the anticipated deployment of Kenyan police officers as part of a peacekeeping mission. The delegation, in collaboration with US government officials, engaged in discussions with Haiti Prime Minister Ariel Henry on Wednesday, delving into the intricate details of the forthcoming operation.
During their visit, the delegation also held meetings with the High Council of Transition and the leader of the Haitian police. The Prime Minister's office confirmed that a Haitian delegation, comprising high-ranking officials, is scheduled to visit Nairobi, Kenya, in the coming months to finalize the agreement.
However, this initiative faces challenges back home in Kenya, as a court order by Justice Chacha Mwita has temporarily suspended the police deployment until January 2024. The court issued a conservatory order, restraining the respondents from deploying police officers to Haiti or any other country until October 24, 2023.
Former presidential candidate Ekuru Aukot, who filed the petition leading to the court order, argued that the deployment process was unconstitutional. Aukot contended that Kenya was taking on responsibilities it could not sustain, emphasizing that Haiti had not formally requested the deployment of Kenyan police.
"Haiti has not made any application for deployment of the 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," read Aukot's petition.
Despite the legal obstacles, the National Assembly approved the operation on November 16, asserting the government's commitment to the multinational force led by Kenya. The United Nations Security Council had previously approved the deployment on October 3, responding to the urgent need for intervention in a country grappling with rampant gang activity.
The mission is backed by the United States, which has pledged Ksh14 billion in support of the multinational force. The controversy surrounding the deployment raises questions about the delicate balance between international obligations and constitutional constraints.