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Kenyan court says police deployment to Haiti is unconstitutional


PORT-AU-PRINCE, Haiti — A Kenyan court on Friday blocked the deployment of some 1,000 police officers to Haiti, putting at risk the future of a multinational security force to break the stranglehold of armed gangs that have taken over vast swaths of the Haitian capital.

The U.N. Security Council approved the force in October, a year after Haitian Prime Minister Ariel Henry appealed for international intervention. Kenya last year offered to lead the mission after several other countries, including Canada and the United States, declined.

But on Friday, Kenyan High Court Judge Chacha Mwita said such a mission would be illegal, in part because the Kenyan national security council does not have a mandate to deploy police officers outside Kenya.

“Any decision by any state organ or state officer to deploy police officers to Haiti … contravenes the constitution and the law, and is therefore unconstitutional, illegal and invalid,” Mwita said.

U.N. authorizes Kenya-led force for Haiti; key questions remain

Isaac Mwaura, a spokesman for the Kenyan government, said it plans to appeal the ruling. Jean Junior Joseph, a spokesman for Henry, said the prime minister is continuing “diplomatic efforts with the support of the international community.”

Jean Eddy Saint Fort has lived in Port-au-Prince since 2001. He said he has never seen the violence this bad and viewed the potential deployment of a Kenya-led force as a chance for residents to “catch a breath.”

“It’s extremely bad news for us,” said Saint Fort, 41.

The mission’s purpose is to support the Haitian police — outmatched by the gangs that have grown in power since the assassination of President Jovenel Moïse in 2021 — and to restore order so the country can hold elections.

But pulling together a force has been difficult, and Friday’s decision raises questions about the viability of a mission if Kenya can’t take the lead. Several Caribbean nations promised to contribute hundreds of troops or police officers, but other countries have been reluctant to participate.

The United States, which backed Henry’s plea for assistance but ruled out leading a force, pledged at least $200 million to the mission, half contingent on congressional approval. The State Department did not immediately respond to a request for comment.

The United Nations this month reported nearly 4,800 killings in Haiti last year, up 119 percent from 2022. It recorded 2,490 kidnappings in 2023, up 83 percent from the previous year. Stéphane Dujarric, a spokesman for U.N. Secretary General António Guterres, told reporters Friday that the need for the mission “remains extremely high.”

Henry’s plea for international aid drew a mixed reaction in Haiti, in part because past international interventions have failed to bring long-lasting stability. Some also fear an international mission will serve to prop up Henry, who is deeply unpopular. But others view it as the only option to restore order.

He was sentenced to a year in prison. He had been held more than nine.

In the southern city of Jérémie, Anne Shesca Alexis lamented that a gang blockade of the main road leading from the capital to the south had made goods more expensive. Anti-government protests, meanwhile, have kept her two children out of school.

“I’m for the intervention,” Alexis said, “but not under the government of Ariel Henry, which is profoundly incompetent and not caring for the well-being of the population.”

Stephane Marc, a driver in Port-au-Prince, said the court decision left him “shocked.” He said he rarely leaves home because of the gang violence, and that his neighborhood had been hoping for the deployment of a police force.

“Bandits are killing people left and right, and the state is doing nothing,” Marc said.

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