High Court sitting in Nairobi has issued orders stopping President William Ruto's government's plans to deploy 1000 police officers to Haiti.
Justice Chacha Mwita of Milimani Constitutional and Human Rights Division issued the conservatory orders stopping the Government's decision to deploy the officers to Haiti or any other country pending the hearing and determination of a case lodged by two petitioners namely Third way Alliance leader Ekuru Aukot and Miruru Waweru.
"A conservatory order is hereby issued restraining the respondents (President William Ruto, Cabinet Secretary Interior Ministry Kithure Kindiki, Speaker of the National Assembly Moses Wetangula, Attorney General Justin Muturi, Inspector General of Police Japeth Koome) from deploying police officers to Haiti or any other country until October 24, 2023," Justice Mwita ordered.
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The Judge issued the orders that blocked the Interior Ministry from approving a proposal to deploy Kenyan police officers to Haiti, a mission expected to restore peace in the troubled Caribbean Island after certifying the petition lodged by the petitioners as urgent.
"Upon considering the application, the supporting affidavit and grounds on which the application and petition are premised, I am satisfied that the application and petition raise substantial issues of national importance and public interest that require urgent consideration," Mwita ruled.
He has also ordered President Ruto, AG, CS Interior, Speaker of the National Assembly and Inspector General of Police to file their responses to the petition within three days.
Justice Mwita issued a conservatory order blocking the government from deploying 1,000 police to Haiti following approval by the United Nations Security Council (UNSC) on October 2.
Aggrieved by the approval for the development of the officer Third Way Alliance through Aukot and Waweru moved to court challenging the legality of the move, which could pose a challenge to the US-backed mission.
Through lawyer Charles Midenga, the petitioners argue that the impugned process of deploying the service to Haiti is illegal as the Constitution does not envisage the deployment of police officers outside the country.
"The 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; and not capriciously at the whims of the respondents as purported," Midenga informed the judge.
He added that "the petitioners so crave that this unlawful/unconstitutional process be stopped by this Honourable court as there is real danger that the Respondents will proceed to deploy the police to Haiti without following the law and the Constitution unless stopped."
