The government has declared that it will challenge a High Court ruling barring the deployment of Kenya Police to Haiti for the Multi-national Security Support (MSS) mission.
Government spokesperson Isaac Mwaura said that the government respects the rule of law but noted that Kenya has a “track-record of contributing to peace keeping missions internationally”.
“The government reiterates its commitment in honoring its international obligations as a member of the community and comity of nations,” he said.
Earlier, Justice Chacha Mwita said the National Security Council, which includes the President, does not have the powers to deploy regular police outside of the country.
Read: Court Stops Deployment of Kenya Police to Haiti
Mwita made the ruling following an application made by Thirdway Alliance Party leader Ekuru Aukot who wanted the court to block the deployment stating that it was illegal.
“To be clear, Article 240 does not mandate the Council to deploy police officers outside Kenya. Deployment should be as provided for in part 14 of the Act and only to a reciprocating country,” he ruled.
“It is not contested that there is no reciprocal arrangement between Kenya and Haiti and for that reason, there can be no deployment of police to that country.”
The judge acknowledged that Kenya’s offer to help mitigate a humanitarian crisis in Haiti was noble, however, he maintained that such deployment needed to be undertaken in accordance with the Constitution.
There are plans to introduce new laws on the same or appeal the ruling.
Aukot filed his petition in court after Parliament approved the deployment of 1,000 officers to the Caribbean nation.
A team of Kenyan police to be deployed to Haiti has already completed training.
The teams from the Rapid Deployment Unit, Anti Stock Theft Unit, General Service Unit, and Border Patrol Unit completed their circulating training from various camps on January 4.
Officials said the team was told to take a brief rest ahead of a key ruling in court on the way forward on their planned deployment.
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