Government has suffered yet another blow after the High Court issued an order quashing the decision of the National Council to deploy 1000 police officers to Haiti.
While delivering his judgement, Justice Chacha Mwita said the decision of the Council was unconstitutional and illegal.
The judge has allowed the application that had been filed Ekuro Aukot and Law society of Kenya.
In October last year, Justice Mwita issued orders restraining the respondents from deploying police officers to Haiti or any other country pending the hearing of a petition filed by the Thirdway Alliance Kenya and two others.
“A conservatory order is hereby issued restraining the respondents from deploying police officers to HAITI or ANY OTHER COUNTRY until 24th October, 2023,” the order reads in part.
The judge also ordered that the pleadings be served on the respondents immediately and the respondents to file their responses to the petition.
The petitioners were given three days after service to file and serve a supplementary affidavit, if any, together with written submissions to the petition, not exceeding 10 pages.
“Once served, the respondents will have 3 days to file and serve written submissions to the petition, also not exceeding 10 pages,” the order reads.
In the petition, Thirdway Alliance Party Leader Ekuru Aukot argued that the deployement of police officer to Haiti is in violation of the constitution and can only be done in accordance with the law.
Interior Cabinet Secretary Kithure Kindiki and National Assembly Speaker were among the respondents in the petition.