The high court has barred the state from sending police officers to Haiti ruling that it’s illegal and a nullity.
In the case, Ekuru Aukot and third way alliance had sued the state for issuing orders to send officers to Haiti.
Last year, Government announced that Kenya was ready to deploy 10000 police officers to Haiti to assist in curbing insecurity in that country.
In his judgement, Justice Chacha Mwita declared that the National Security Council has no mandate to deploy police officers outside Kenya under article 240(8) of the Constitution or any other law.
“An order si hereby issued prohibiting deployment of police officers to Haiti or any other country, otherwise than in compliance with Part XIV-sections 107 and 108 of the National Police Service Act,” he ruled.
Justice Mwita further held that any decision by any state organ or state officer to deploy police officers to Haiti, and any further action or steps taken by a state organ or state officer in furtherance of such decision, contravenes the Constitution and the law and is therefore unconstitutional, illegal and invalid.
He further said that the petition was not premature and the petitioners correctly moved to court.
