The High Court has extended orders blocking the government from deploying police officers to Haiti, pending the determination of a petition filed by Thirdway Alliance party leader Ekuru Aukot.
Justice Chacha Mwita extended the order yesterday and directed the matter be heard on November 9.
Dr Aukot went to court and obtained temporary orders blocking the deployment of 1,000 police officers to the Caribbean island nation until the petition is determined.
His argument is that Kenya’s bid to lead a UN-approved force to Haiti is a gross violation of the Constitution.
Another case, brought by the Mount Kenya Jurists Association, seeks to stop Parliament from approving the mission until an independent assessment of the risks and dangers they are likely to face in Haiti has been carried out.
The association argues that there are plans to secure parliamentary approval in the wake of challenges to the constitutionality of the deployment.
“The said attempt is a scheme to sanitise the violation of the constitution. Consequently, this Honourable Court should prohibit Parliament from approving the deployment,” the group said in the petition.
In his petition, Dr Aukot argues that the Haitian government never asked Kenya for help in curbing the gangs that have overrun the island nation and now control at least 75 per cent of the capital, Port-au-Prince.
He said dispatching police officers outside Kenya is a matter of great public interest and therefore the Constitution and other supporting laws must be followed to the letter.
Dr Aukot has also asked the High Court to declare sections 107, 108 and 109 of the National Police Service Act unconstitutional as they conflict with the Constitution.
The sections of the Police Service Act allow the President to deploy police officers to other countries that have good legal relations with Kenya.
Dr Aukot argues that the three Acts conflict with Articles 240 and 243 of the Constitution.
Article 240 gives the National Security Council the power to deploy national forces outside the country. Article 243 establishes the National Police Service and gives it the power to operate throughout Kenya while allowing Parliament to make further laws to govern its enforcement.
