National Security Council petitions Parliament to approve deployment of Kenyan police to Haiti

The National Security Council has petitioned Parliament to approve the deployment of Kenyan police officers on a UN-backed security mission to the war-torn Caribbean nation of Haiti.

According to a communication read out in the National Assembly by Speaker Moses Wetangula on Wednesday, the Departmental Committee on Administration and Internal Security will be required to look into the planned deployment and submit a report to the House for consideration within the next two weeks.

On its part, the National Security Council already okayed the proposed deployment but in line with Article 240 (8) of the Constitution, Parliament has to approve any deployment of national security forces outside the country.

Article 240 (8) stipulates: "The Council may, with the approval of Parliament, (a) deploy national forces outside Kenya for (i) regional or international peace support operations; or (ii) other support operations;  (b) approve the deployment of foreign forces in Kenya.”

“I hereby refer the memorandum to the Departmental Committee on Administration and Internal Security for consideration. The Committee is required to consider the memorandum jointly with the relevant committee of the senate and submit its report to the Houses of Parliament on or before 8th November 2023 to allow for timely disposal of this matter,” Speaker Wetangula stated.

This comes amid a High Court order temporarily blocking the planned deployment of Kenyan police to Haiti pending the hearing of a petition filed by Third-way Alliance Kenya leader Ekuru Aukot and two other petitioners.

On Tuesday, Justice Chacha Mwita extended the injunction until November 9, 2023 when the matter is scheduled for hearing.

In the petition, Dr Aukot argues that the Constitution does not envisage the deployment of the police service outside Kenya, adding that deployment of police officers or the forces outside Kenya is a matter of great public interest and importance and can only be done in accordance with the provisions of the constitution. 

"As a matter of international notoriety, there is currently no elected government in Haiti. Kenya does not have an Embassy in Haiti,” reads court papers.

They further argue that there was no public participation prior to Kenya’s request which ought to have come first.

"The petitioners are playing with a sensitive and serious matter of security and behaving in a manner that suggests that they are not accountable to the people of Kenya for their decisions,” they argue.

 Kenya has pledged to deploy 1,000 security personnel for the mission seeking to combat a decades-long gang violence characterized by widespread murders, kidnappings and extortion.

The UN Security Council gave the go-ahead in early October for the deployment of a multi-national security support mission, led by Kenya, to help the overwhelmed Haitian police.