A court in Nairobi declared this Friday, January 26, the decision to send a thousand Kenyan police officers to Haiti to lead a multinational mission “unconstitutional, unlawful and invalid”. This decision means a halt to the deployment of this multinational force.
Published on: January 26, 2024 – 8:47 p.m
4 mins
Facing increasingly pressing demands from the Haitian government and the United Nations, Kenya agreed in July to lead a force of 2,500 to 2,600 troops, hopefully in “the first quarter of 2024.” In October, the United Nations gave the green light for this force, which is also supported by the USA. But the Kenyan government's announcement confirmed in Parliament on November 16 sparked violent protests in the East African country. Opponent Ekuru Aukot had notably appealed to the Nairobi High Court, arguing that this mission was unconstitutional as it had no legal basis.
An opinion that the Supreme Court therefore confirmed. “The National Security Council has no mandate to deploy national police officers outside Kenya,” said Justice Enock Chacha Mwita. “Such a decision violates the constitution and law and is therefore unconstitutional, illegal and invalid,” he added. The deployment of police officers outside the national territory is only possible in the case of a “reciprocity agreement” with the country receiving the troops, which must have addressed the request directly to Kenya. This is currently not the case between Kenya and Haiti, explains our correspondent in Nairobi. Albane Thirouard.
This ruling marks the halt of the much-anticipated multinational force trying to quell growing chaos in this small Caribbean nation, where gang violence has claimed nearly 5,000 lives in 2023, including more than 2,700 civilians, according to a report by the U.N. secretary on Tuesday -General Antonio Guterres. The Kenyan government “reaffirmed its commitment to complying with its international obligations” while reiterating that it would “challenge” this ruling, government spokesman Isaac Maigua Mwaura said in a statement. “We will also review the verdict and take necessary measures. Kenya is and remains committed to its peacekeeping obligations to the international community,” the spokesman said.
Opponent Ekuru Aukot was happy about this victory. “We are very happy with this decision. The judge disagreed with some of our arguments, but ultimately called the deployment of police officers abroad illegal and unconstitutional. However, I would like to point out one thing. In my opinion, there is currently no legitimate government in Haiti that could request deployment to another country,” he said.
“The Haitian people are in a dire situation”
The legal challenge by the Kenyan authorities will take a long time. However, Haiti has no time, emphasizes Jean-Marie Théodat, Haitian writer and professor at the University of Paris 1 Panthéon-Sorbonne. “There has been an spread of criminal violence in departments that were previously protected. “We are witnessing an increasingly deteriorating situation in Haiti,” he believes. And added: “The way international authorities are handling the Haiti crisis is shocking.” So many other countries would have had much more means and reasons to intervene in Haiti, but Haiti does not represent a strategic interest as long as the Strategy stops when it comes to accounting data with regard to the resources to be exploited.
According to Mr Théodat, there is “double incompetence” in this matter. “The inability of Kenyans to understand the historical interest of such an intervention and the incompetence of the international authorities who do not recognize that the Haitian people are in a dire situation and that they deserve much greater interest,” he deplores.
This setback is a hard blow for the Haitian government, but also a disappointment for the population, “which is left to fend for itself because the government has never shown compassion for these suffering people,” analyzes Jacques Nési, political scientist and researcher in connection with the Haitian Government Social Sciences Laboratory in the Caribbean. For the people, “the arrival of Kenyan troops seems to be a kind of last resort, a lesser evil solution.”
“Such decisions are decisions of the political and not of the judicial power,” regrets the lawyer Pierre-Antoine Louis. He says he is surprised and suggests the government mobilize Haitians.
Also read: Twice as many murders in Haiti in 2023, UN chief 'dismayed'
(And with AFP)