Lawyers seek contempt ruling over Kenya’s plan to deploy 200 police officers to Haiti next week

Lawyers seek contempt ruling over Kenya’s plan to deploy 200 police officers to Haiti next week

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Kenyan lawyers and opposition parties have asked a court in Nairobi to hold the government in contempt over plans to deploy police to Haiti, their filing showed.

The application was jointly filed one of the small Kenyan opposition parties and seeks to prevent the government from sending police to violence-plagued Haiti as part of a UN-backed mission. The Thirdway Alliance Kenya and two of its members lodged the complaint on Thursday, arguing that the government had “blatantly disregarded” a January court order prohibiting the deployment as unconstitutional and illegal.

The lawsuit said that the petitioners were “reliably informed” that the Kenyan deployment may take place no later than May 23, “hence the urgency of this application”.

Haiti has suffered from poverty, political instability and natural disasters for decades, and the UN-backed multinational force – to be led by Kenya – has been tasked with helping its beleaguered police rein in criminal gangs.

The expected deployment of a first batch of Kenyan police would coincide with a visit by President William Ruto to Washington where he will meet US President Joe Biden. Responding to Haiti’s appeal for assistance, Kenya offered in July 2023 to send 1,000 officers to help tackle a worsening security crisis in which gangs have forced about 230,000 people to flee their homes.

Lawyers Ekuru Aukot, Miruru Waweru and their Thirdway Alliance Kenya party first challenged the deployment in High Court in October.

“The applicants are reliably informed that the impugned deployment may be done any time from now,” the plaintiffs said in Thursday’s application, adding that a May 23 deadline for the step made the matter urgent.

In March the government said it was pausing the deployment after the resignation of Haitian Prime Minister Ariel Henry.

A Haitian source had revealed in early May that a first contingent of 200 Kenyan police were expected by May 23. The Kenyan government has not commented on the date, but an interior ministry source confirmed they could arrive by next Tuesday.

Kenya pledged to deploy up to 1,000 personnel to Haiti last July, an offer welcomed by the United States and other nations that had ruled out putting their own forces on the ground. But the planned mission has faced legal challenges.

In January, Kenya’s High Court ruled that the National Security Council, which authorised the deployment — only had the authority to send the military abroad and not police officers.

The judge said Kenya could deploy police to a country if a reciprocal agreement existed. Such a deal was signed on March 1 in the presence of Ruto and Haiti’s former prime minister Ariel Henry. But the Thirdway lawsuit accused the respondents – including Ruto as well as other top Kenyan officials – of “acting in bad faith” by ignoring the High Court orders.

It argued that Haiti was not a “reciprocating country” and that it had not made any formal request for the deployment of police.

“There is no Government in place in Haiti capable of giving such request or signing any bilateral agreement with Kenya for deployment of police officers to Haiti; and there is no Parliament in place in Haiti to ratify such agreement,” it said.

  • A Reuters / AFP report
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