House Speakers have issued conflicting directives on the consideration of the government’s memo requesting parliamentary approval for deployment of Kenyan police in war-torn Caribbean nation, Haiti.
National Assembly Speaker Moses Wetang’ula instructed the relevant committee to consider the matter jointly with the Senate team, but Senate Speaker Amason Kingi’s position is contrary.
President William Ruto has sought Parliament’s approval to deploy officers from the National Police Service (NPS) under the Multi-National Security Support (NSS) for Haiti.
Interior Cabinet Secretary (CS) Kithure Kindiki wrote to the speakers, seeking lawmakers’ approval as the National Security Council (NSC) meeting already gave the greenlight.
Since the approval sought is that of Parliament, the two Houses are required to jointly consider the request to have Kenyan police assist the Haiti police who are grappling with a surge in violence since the assassination of President Jovenel Moïse in July 2021 at his private residence in the capital, Port-au-Prince. Haiti has witnessed decades of gang violence characterised by murders.
A man wears a werewolf mask during a protest against insecurity, on August 7, 2023, near the Prime Minister's official house in Port-au-Prince, Haiti.
Photo credit: Courtesy | AFP
“This matter being of immense national importance, I hereby refer the request of the CS to the Standing Committee on National Security, Defence and Foreign Relations to consider the request and undertake public participation thereon on or before 15th November 2023 and table a report for consideration by the senate,” instructed Mr Kingi.
A week ago, Mr Wetang’ula also directed: “The committee is required to consider the memorandum jointly with the relevant committee of the Senate and submit its report to the Houses of Parliament on or before 8th November 2023 to allow for a timely disposal of this matter.”
Speakers Amason Kingi (Senate) and Moses Wetang'ula (National Assembly) at the Parliament Buildings on August 3, 2023.
Photo credit: Dennis Onsongo | Nation Media Group
While the Senate report will be tabled after the High Court in Milimani hears the matter on November 9, the National Assembly report will be tabled in the plenary a day before, if the memorandum is considered separately by the Houses.
According to the speakers, the NSC resolution to approve the proposed deployment is in line with Article 240 (8) (a) of the Constitution.
It states: “The Council may, with the approval of Parliament, deploy national forces outside Kenya for regional or international peace support operations; or other support operations.”
They also referred to Article 239 (1), which states: “The national security organs are the Kenya Defence Forces, the National Intelligence Service and the National Police Service (NPS).”
President Ruto meets with Haitian Prime Minister Ariel Henry for bilateral talks in New York
Kingi said he received the CS letter, dated October 19, communicating the NSC decision. “The CS indicated that at a meeting held on October 13, 2023, the NSC considered and approved the proposed deployment of officers.”
He said the NSC members met and approved memorandum NSC 23/13 from Prof Kindiki and Attorney General Justin Muturi for the proposed deployment of officers from the NPS for the NSS.
The latest development comes even as the High Court issued orders suspending the planned deployment pending the hearing of a petition filed by Third-way Alliance Kenya leader Ekuru Aukot and two other petitioners. The orders are active until November 9 following an extension by Justice Chacha Mwita, when the matter is scheduled for hearing.
Already, the Azimio coalition, through National Assembly Minority Leader Opiyo Wandayi, has opposed the request, saying the Constitution talks about police forces and not services as envisaged in this case.
“The Constitution, in the way it is structured, does not actually read or view the National Police Service as a force. Therefore, I want to submit to the speaker in the sense that we have no capacity as a house to authorise or support authorised National Police Service, which is not a security force,” he said.
But Majority Leader Kimani Ichung’wah downplayed the argument, terming it a misjudgement. Mr Wetang’ula also dismissed it, saying ‘forces’ as alluded to in Article 240(8) included the NPS and that Mr Wandayi had misread the Constitution.
