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High Court declares gov’t decision to deploy police officers to Haiti unconstitutional

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The High Court has declared the government’s decision to deploy police officers to Haiti to help the Caribbean country deal with criminal gangs unconstitutional.

In the judgement issued by Justice Chacha Mwita of Milimani High Court on Friday, January 26, the court ruled that the decision to deploy the officers to Haiti did not meet the constitutional and statutory standards.

“lt is my finding that the National Security Council and National Police Service (NPS) do not have powers at all to deploy police outside Kenya. I therefore find the deployment of 1,000 police officers to Haiti in a UN-approved mission unconstitutional, null and void, “Justice Mwita ruled.

While declaring the deployment illegal, Justice Mwita further concurred with the petitioner Third Way Alliance leader Ekuru Aukot and its chairperson Miruru Waweru that the government did not conduct proper public participation.

In his ruling, the judge said that the manner used by President William Ruto, Interior Cabinet Secretary Kithure Kindiki, National Assembly and Attorney General Justin Muturi and Inspector General of Police Japheth Koome in deployment was against the country’s law and the constitution.

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