Home » Kenya Defies Court Order to Send Troops to Haiti Amid Gang Crisis

Kenya Defies Court Order to Send Troops to Haiti Amid Gang Crisis

Kenya says it will finalise a bilateral agreement with Haiti that will allow it to bypass a court order that blocked the deployment of 1,000 police officers to lead the mission.

by Motoni Olodun

Kenya is determined to deploy its forces to Haiti as part of a multinational mission to restore stability in the Caribbean nation, despite a legal challenge and widespread criticism.

The Kenyan government said it was finalizing a bilateral agreement with Haiti that would allow it to bypass a court order that blocked the deployment of 1,000 police officers to lead the mission, which was approved by the United Nations Security Council in October.

Abraham Korir Sing’Oei, the principal secretary at the Ministry of Foreign Affairs, told The New York Times that the agreement would be signed in the next two weeks and that the Kenyan forces would immediately deploy afterward.

The move has sparked controversy in Kenya, where activists, lawmakers, and constitutional experts have questioned the legality, morality, and feasibility of sending police to a country that is thousands of miles away and facing a humanitarian and security crisis.

In January, the High Court in Nairobi ruled that the deployment was unconstitutional and illegal, as it violated Kenya’s sovereignty and did not have parliamentary approval. The government appealed the ruling, but the court extended the orders blocking the deployment until a final decision is made on Jan. 26.

The government’s defiance of the court order has also raised concerns about the rule of law and democracy in Kenya, which is preparing for a general election in August.

“The government is acting in contempt of court and showing disregard for the constitution and the people of Kenya,” said Ekuru Aukot, a former presidential candidate and the leader of the Thirdway Alliance party, which filed the legal challenge against the deployment.

Aukot argued that Kenya had no moral or legal obligation to intervene in Haiti’s affairs and that the mission was driven by the personal interests of President William Ruto, who is seeking re-election and wants to boost his international profile.

Ruto’s government has defended the deployment as a humanitarian gesture and a demonstration of Kenya’s commitment to global peace and security. It has also said that the mission would benefit Kenya economically, as it would receive funding from the U.N. and other partners.

But critics have cast doubt on the government’s claims, saying that the mission would be costly, risky, and ineffective. They have also pointed out the irony of Kenya sending police to restore law and order in Haiti, when it is struggling with its security challenges, such as terrorism, corruption, and human rights violations.

Kenya is not the only country that has offered to help Haiti, which has been plunged into chaos since the assassination of President Jovenel Moïse by Colombian mercenaries in July 2021. Gang violence and lawlessness have reached unprecedented levels, with thousands of people killed, kidnapped, or displaced in the past year.

The U.N. special representative for Haiti, María Isabel Salvador, told the Security Council on Thursday that the situation in Haiti was as barbaric as in a war zone, and that foreign intervention was urgently needed.

Several countries, including the United States, Canada, France, and Brazil, have pledged to provide humanitarian, financial, and technical assistance to Haiti, but have ruled out sending troops or police. They have also urged Haiti’s interim government to hold free and fair elections as soon as possible, to restore legitimacy and stability.

The Kenyan-led mission, which is expected to include forces from Ethiopia, Ghana, Rwanda, and Senegal, is the only foreign armed force that has been authorized by the U.N. to operate in Haiti. It is supposed to work with the Haitian National Police to combat the gangs and protect civilians.

But some analysts have warned that the mission could face resistance from the Haitian people, who have a history of mistrusting foreign interventions, especially after the 13-year U.N. peacekeeping operation that ended in 2017 and was marred by allegations of sexual abuse, cholera outbreaks, and human rights violations.

“The Kenyan-led mission is a risky and controversial venture that could backfire and worsen the situation in Haiti,” said Herman Manyora, a professor of journalism at the University of Nairobi. “It could also damage Kenya’s reputation and credibility in the international community if it fails to respect the rule of law and the will of the people.”

Manyora said that Kenya should reconsider its decision and seek a peaceful and diplomatic solution to the crisis in Haiti, in consultation with the Haitian government, the U.N., and other stakeholders.

He also said that Kenya should focus on addressing its domestic problems and ensuring a peaceful and democratic transition of power in the upcoming election.

“Kenya has a lot of challenges and opportunities at home that need its attention and resources,” he said. “It should not get involved in a foreign adventure that could prove costly and futile.”

However, Sing’Oei said that Kenya was confident that its mission would succeed and that it would have a positive impact on Haiti and the region.

He said that Kenya had a wealth of experience and expertise in peacekeeping and peacebuilding, having participated in several U.N. missions in Africa and elsewhere.

He also said that Kenya had a strong bond and solidarity with Haiti, as both countries had suffered from colonialism, slavery, and oppression, and had fought for their independence and dignity.

“We are not going to Haiti as invaders or occupiers, but as friends and partners,” he said. “We are going to Haiti to help them restore their security, stability, and sovereignty, and to support their democratic aspirations and development goals.”

He said that Kenya hoped that its mission would pave the way for lasting peace and prosperity in Haiti and that it would inspire other countries to join the effort.

“We believe that our mission is a noble and noble cause and that it will make a difference in the lives of the Haitian people,” he said. “We hope that our mission will be a catalyst for change and a beacon of hope for Haiti and the world.”

Source: The New York Times

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