The National Security Council led by President William Ruto and Interior Cabinet Secretary Kithure Kindiki has moved to the Court of Appeal seeking to overturn the decision against the deployment of police officers to Haiti.
In a notice of appeal by NSC and Kindiki, the government wants the Appellate court to quash the decision by High Court Judge Chacha Mwita that declared their move to deploy police officers to Haiti to help the Caribbean country deal with criminal gangs was unconstitutional.
The National Security Council led by Ruto, his deputy Rigathi Gachagua and Kindiki says they are aggrieved with the entire judgement of Judge Mwita rendered on January 26, 2024, and intends to appeal the same at the court of appeal.
“Take note that National Security Council and CS interior, being dissatisfied with Judge Mwita, intends to appeal to the court of appeal against the who of the said decision,” the notice of appeal states.
The move by the Ruto-led security council and Kindiki to the Appellate court comes after Justice Mwita ruled that the decision to deploy the officers to Haiti did not meet the constitutional and statutory standards
He said the National Security Council has no legal mandate to deploy police officers under the law, adding that it can only do so with the defence forces.
While declaring the deployment illegal, Justice Mwita further concurred with the Petitioner Third Way Alliance leader Ekuru Aukot and its chairperson Miruru Waweru that the government did not conduct proper public participation.
“An order is hereby issued prohibiting the purported deployment of police officers to Haiti or any other country, otherwise and in contrary with Sections 107 and 108 of the National Police Service (NPS) Act,” Judge Mwita ruled.
He added that any other action taken by any other state organ in furtherance of the deployment decision would also be invalid, null and void.
Aukot and Waweru argued that the deployment of police officers is not envisaged in the Constitution.
Advocate Charles Midenga said the law provides for the deployment of only military personnel, and even in such a case the public must be consulted.
The US government says it supports ongoing international efforts to deploy a Multinational Security Support mission for Haiti.
This comes after a court in Nairobi stopped Kenya from deploying police to the Caribbean nation.
The US State Department said in a statement on Monday their commitment to the Haitian people remains unwavering.
“We reaffirm our support of ongoing international efforts to deploy a Multinational Security Support mission for Haiti, as requested by Haiti and authorized by UN Security Council Resolution 2699, and renew our calls for the international community to urgently provide support for this mission,” said the statement.
It added the US acknowledges the ruling by the High Court regarding the deployment of Kenyan police in support of the Multinational Security Support mission to Haiti and the government’s stated intent to challenge this ruling.
The statement added it is urgent that the international community respond to the unprecedented levels of gang violence and destabilizing forces preying upon the Haitian people.
“At the same time, we call for the restoration of democratic order through an inclusive political process in Haiti. We continue to urge Haitian stakeholders to reach consensus on power-sharing and inclusive governance.”
“The only legitimate path to long-term peace and stability is through free and fair elections,” added the statement.
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