The Government overstepped its constitutional mandate in its quest to deploy police officers in Haiti.In its ruling,the high court stated that the national security council has no legal mandate to deploy police officers under the law adding that it can only do so with the Kenya Defense Forces.
High court Justice Chacha Mwita,warned that any other action taken by any other state organ in furtherance of the deployness decision will also be invalid,null and void.
Justice Chacha Mwita on october 24th 2023,extended orders stopping the deployment of officers to Haiti for a peace keeping mission pending the determination of a case filed by Thirdway Alliance Party,Ekuru Aukot.
Through advocate Charles Midenga,they said the law provides for the deployment of only Military Personnel and even in such a case the public must be consulted.
The court was also set to determine whether some sections of the national police service acts were constitutional as it was otherwise argued.
The ruling effectively blocks President William Ruto’s administration from deploying at least 1000 police officers to the gang-ridden nation,on the other hand the ruling also serves as a litmus test for truce that was struck between the executive and the judiciary following weeks of sustained attacks from the executive.The government has however communicated through the office of the spokesperson its intention to appeal the high court’s ruling.