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Ekuru Aukot petitions UN to stop deployment of Kenya police to Haiti

President William Ruto with former Prime Minister of Haiti Ariel Henry at State House, Nairobi, on February 29, 2024 (Photo: PCS)

By Bashir Mohammed | Sunday, May 19, 2024

The High Court had previously blocked the deployment in January, citing the lack of a reciprocal agreement between Kenya and Haiti.

The Third Way Alliance Party has accused President William Ruto of bypassing legal requirements in approving the deployment of Kenyan police officers to Haiti.

The party criticised the deployment, which includes an advance team of 200 officers departing on Tuesday, May 21, 2024.

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Party leaders Ekuru Aukot, former Mukurweini MP Kabando wa Kabando and former Nairobi Town Clerk Philip Kisia, said they have petitioned the United Nations, US President Joe Biden, and both major US political parties to halt the deployment until all legal conditions are satisfied.

“The High Court in Petition No. HCCHRPET/E38/2023 issued an order prohibiting the deployment of the National Police Service (NPS) to any other state unless in compliance with Part XIV sections 107 and 108 of the National Police Service Act,” the petition stated.

“The Executive Arm's blatant disregard of court orders demonstrates a total defilement of the Constitution, the cornerstone of law and order in our nation. Furthermore, a majority of Kenyans have expressed reservations about our participation in this peace mission.”

The High Court had previously blocked the deployment in January, citing the lack of a reciprocal agreement between Kenya and Haiti.

The Thirdway Alliance contends that the Kenya Gazette did not publish the purportedly signed agreement between President Ruto and ousted Haitian Prime Minister Ariel Henry in March, thereby keeping the public in the dark.

Kenya has offered to send 1,000 officers to assist Haiti in addressing a deteriorating security situation (Photo: X/Courtesy)

Further, the party contends that the request for assistance should come from a democratically elected president of Haiti, which was not the case.

“A democratically elected president must make the request. In this instance, the democratically elected president of Haiti should have made the request,” the petition elaborated.

No public participation

The party also criticised the lack of public participation, deeming President Ruto’s decision unconstitutional.

“The matter was not tabled before parliament for deliberation, and while the president may use his authority to make such a declaration, there are nuances to the scope of his power. The president’s power is further limited during peacetime, especially regarding the utilisation of the NPS on foreign engagements,” Aukot and Kisia argued.

They further questioned the preparedness of Kenyan police for this mission, highlighting potential language and cultural barriers as well as the unique challenges posed by Haiti's environment.

“The NPS is not battle-tested to manage conflict resolution with civilians and militias who have access to firearms. Additionally, Kenyan personnel will encounter language and cultural challenges,” they noted.

President Ruto's visit this week to the US where he will meet President Biden on May 23, coincides with the deployment of the first batch of Kenyan police to the Caribbean nation.

“Our considered opinion is that the US should be the last country to urge any other nation to restore law and order in another country," the petition read in part.