Kenya plans to circumvent a court order in Haiti
The Kenyan government will not wait for an appeals court ruling before sending its forces to Haiti, a senior government official said. This further underlines the government's determination to move forward with the proposed multinational force aimed at bringing stability to the gang-ridden Caribbean country.
Abraham Korir Sing'Oei, the principal secretary of the Ministry of Foreign Affairs, told The New York Times in an interview that Kenya and Haiti were working to finalize a bilateral agreement in the next two weeks and that the Kenyan armed forces would Once you have it, use it immediately.
Mr Sing'Oei's statement comes just a week after the country's Supreme Court blocked the bet of 1,000 police officers, saying it could only go ahead if there was a “mutual arrangement” outlining the framework under which Kenyan forces can operate in Haiti.
Kenyan government appealed the decision.
Mr Sing'Oei said the Supreme Court provided a legal avenue for deployment, namely the bilateral reciprocal agreement with Haiti. But he said the government would still appeal the decision to a higher court seeking clarification of some findings that the government “finds problematic.”
Still, he added, “commitment does not have to wait until the conclusion of this appeal.”
He did not provide a specific timetable for when the agents would leave for Haiti.
Kenya's President William Ruto has remained optimistic about the plan Reuters last week that the mission would go ahead despite the court ruling.
Observers say Mr Ruto, who came to power in 2022, is adamant about pushing ahead with the plan to raise his profile as a global statesman and pan-African leader. He also cast the Haiti plan as “a mission for humanity”, which would help a nation whose population is part of the African diaspora.
His government's decision to bypass the courts would likely open a new legal challenge from activists and human rights groups who have blasted the deployment plan as unconstitutional. It would also open a new door of controversy for Mr Ruto, whose government is facing mounting criticism of the East African nation increasing economic challenges. By defying the courts, Mr Ruto will also intensify his confrontation with the judiciary, which he recently condemned for obstructing his government's plans.
One of those plans was the Haiti mission.
Last July, the government announced it would lead a multinational force to bring order to Haiti. where gangs have overtaken entire neighborhoods and in 2023 about 5,000 people were killed. The United Nations Security Council approved the mission in October and the Biden administration pledged to fund the mission with $200 million.
But the operation quickly became a political issue in Kenya, denounced by activists and opposition leaders. Opponents said the plan violated the Kenyan constitution because it would unnecessarily endanger officers and was carried out without broader public dialogue or the direct consent of government agencies charged with national security.
Human rights organizations also pointed this out the dismal record of the Kenyan policewho are accused of killing more than 100 people last year and shooting at protesters during the action demonstrations against the government. Many also asked questions how Kenyan forces would protect civilians in Haiti even as they struggled to contain the threat of bandits and the terrorist group Al Shabab within their own borders.
After a parliamentary session in November, lawmakers passed a motion allowing the deployment of troops a Supreme Court judge blocked the plan in late January, throwing the future into disarray.
Despite the court's decision, the United States reaffirmed his support for last month's mission.
In a statement, the Foreign Ministry acknowledged the Kenyan court ruling and the government's intention to challenge it, and called on the international community to “respond to the unprecedented levels of gang violence and destabilizing forces emerging in the Haitian people ace.”
But even as Kenyan officials begin to hammer out a “mutual settlement,” lawyers and activists have begun exploring what that would entail.
Mr Sing'Oei said the agreement would follow the National Police Actwhich stipulates that the President can designate a country as a 'reciprocal nation' once they are satisfied that they have laws consistent with those of the Kenyan armed forces abroad.
Observers say Mr Ruto is now under pressure to show he has carefully assessed all necessary conditions before making such a decision if he wants to avoid more lawsuits.
“If the law gives that power to anyone – in our case the president – it is only sensible that the decision is not based on whim, diplomatic populism or even pure egalitarianism,” said Waikwa Wanyoike, a constitutional lawyer. wrote in a Sunday column in the Kenyan newspaper Daily Nation. “Instead, it should be taken on the basis of prudence and objectivity – with sufficient justification offered candidly.”
David C Adams contributed reporting from Miami.