In Kenya, the fight continues against the plan to send troops to Haiti!
Boukan News, 10/20/2023 – Dr. Ekuru Aukot is a Kenyan lawyer and politician who took part in the 2017 presidential election, where he held 3rd place. He is also known as the father of Kenya’s constitutional amendment in 2019.
He was brought to the attention of the Haitian public on October 9th, when he decided to file a complaint against the plan of the government of Williams Ruto to send Kenyan police forces to Haiti. Mr. Aukot is an expert in constitutional law, having participated remarkably in the process of amending the constitution in Kenya, in 2019. So, he knows the job well!
He submitted a petition, in which he attacked the constitutionality of the government’s approach to engage his country’s national police in an international mission. First, through communication with Aukot, he focused on the irregularities surrounding the international mission prospect. The national police of the country cannot in any way take part in any mission, except national. On the other hand, the National Army and the Special Forces are empowered, under the laws of the country, to participate in international missions, except the police.
Second, according to the Kenyan Constitution, any participation of Kenyan public forces in any international mission must be initiated by an official request from the requesting government. Not just any government, but one who enjoys the legitimacy of his country. The problem is that Ariel Henry enjoys no form of legitimacy, it is a de facto government, thus unqualified him to submit a request like the Kenyan state.
Under this strong point of Dr. Ekuru Aukot’s petition, Judge Chacha Mwita of the Nairobi High Court of Justice decided to temporarily suspend all government actions relating to the deployment of Kenya police forces in Haiti.
A judicial decision that, based on various actions, was not respected. Mr. Aukot promised to send another petition to the judge to denounce the fact that the government continues with the process of recruiting police officers, despite the ban. President William Ruto himself, before his departure to China, delivered a speech announcing the continuation of the activities without considering the injunction of Judge Chacha Mwita.
However, the government of William Ruto challenges Judge Chacha Mwita’s decision by referring to the principle of immunity, stating that “By Article 143(2) of the Constitution, no civil proceedings shall be instituted against the President or the person performing the function of that office during his term of office for anything that has been done or not in the performance of his duties under the Constitution.” The government lawyers asked the court to reject Mr. Eruku Aukot’s petition.
The government continued in its challenge “That the petition is based on unfounded allegations, simple citation of constitutional provisions without any demonstration of how specific articles of the constitution have been or are threatened with violations.”
To this end, a battle between the two parties, William Ruto and Ekuru Aukot, will be taking place on Tuesday, October 24, 2023. Boukan News also learned that a Haitian delegation could be present in Nairobi to the court to attend this special session that will determine whether Kenyan forces are sent to Haiti.
This case is of great concern in Kenya, where political class and civil society are planning to push the government back on the plan to send troops to Haiti.
A case to follow…
Joel Leon