A KENYAN court on Friday declared the government’s plan to dispatch 1,000 police officers to Haiti as part of a UN-approved mission unconstitutional. This ruling casts doubt on the future of the initiative, which was designed to address the escalating gang violence in the Caribbean nation.
The opposition party in Kenya initiated the challenge in October, questioning the government’s decision to send officers to Haiti, where nearly 5,000 lives were claimed by gang violence last year, forcing around 200,000 people from their homes.
Kenya, having received approval from the United Nations Security Council in October, had aimed to deploy its officers to Haiti this month. However, a court had issued a stay on the deployment shortly after.
High Court Judge Chacha Mwita, in delivering the verdict, emphasised that under Kenyan law, authorities could only deploy officers abroad if a ‘reciprocal arrangement’ existed with the host government. Mwita declared, ‘Any further action or steps taken by any state organ or state officer in furtherance of such a decision, contravenes the Constitution and the law and is therefore unconstitutional, illegal and invalid.’
The government has not immediately commented on whether it intends to appeal the ruling.
Haiti, grappling with a surge in gang violence, initially sought assistance in 2022 but faced challenges in finding a country willing to lead a security mission. Many governments hesitated, citing concerns about supporting Prime Minister Ariel Henry’s unelected administration and intervening in a nation where previous missions have been marred by human rights abuses.
Kenya had stepped forward in July, expressing solidarity with Haiti as a brother nation. The Bahamas committed 150 people, and Jamaica and Antigua and Barbuda expressed their willingness to assist.
This week, the United Nations reported a staggering 119 percent increase in gang violence-related deaths in Haiti, with 4,789 documented cases last year. Additionally, another 3,000 people were reported kidnapped, highlighting the urgency and severity of the situation.
As the legal implications unfold, the fate of the UN-approved mission to curb gang violence in Haiti remains uncertain, with the Kenyan court ruling introducing a significant hurdle to the deployment of police officers.