MSS still in limbo as Kenya’s High Court reviews new challenge of police deployment to Haiti

PORT-AU-PRINCE— Kenyan High Court Judge Chacha Mwita agreed Friday to consider a new challenge to the deployment of Kenyan police officers to Haiti for the Multinational Security Support Mission (MSS). This decision follows a petition filed on May 16 by opposition leader Ekuru Aukot and his allies, seeking to hold the Kenyan government in contempt for violating court orders. The court filing came despite reports of 200 elite officers departing Kenya for Haiti, with a stopover in Miami, Florida. A hearing on the case is scheduled for June 12.

Preparations to welcome the multinational police mission, which is expected to be led by Kenya, have been ongoing in Port-au-Prince since May 12, with the support of the United States. However, a new wave of legal controversies in Kenya continues to pose challenges. This mission, endorsed by the UN Security Council last October, aims to assist the Haitian National Police (PNH) in restoring security and peace in the gang-ridden country, particularly in Port-au-Prince.

In the recently filed document, which was shared with The Haitian Times, the petitioners condemn the government’s apparent “blatant disregard” for court orders by planning the deployment of Kenyan police officers to Haiti. They perceive this as a “complete violation” of the Kenyan Constitution.

“Kenya has its own security challenges,” Aukot said. “Kenya cannot afford to lose more personnel, especially in a foreign war for which we lack sufficient information on the scale, scope and nature of the conflict in Haiti.”

Recap of challenges faced by the MSS deployment

On January 26, Judge Mwita ruled against the deployment of Kenyan police officers to Haiti, stating that only the Kenyan Defense Forces (Army, Navy, and Air Force) can be constitutionally deployed overseas. He further stipulated that a reciprocal agreement between Kenya and Haiti would be necessary for such a deployment.

Subsequently, on February 29, former Haitian Prime Minister Ariel Henry visited Kenya to discuss the deployment with Kenyan President William Ruto. On March 1, Haiti and Kenya signed a reciprocal agreement, clearing the path for the deployment of Kenyan forces to Haiti.

However, those upholding the Kenyan constitution continue to challenge the agreement, arguing it to be null and void. They maintain that former PM Henry, a ‘de facto prime minister’ and not the president of Haiti, lacked the constitutional authority to request such assistance from Kenya.

The case has returned to the Kenyan High Court as preparations for the deployment of the MSS led by Kenya, with 1,000 police officers to combat violence in Haiti, are progressing, according to U.S. officials. The deployment of the first MSS contingent of 200 police officers to Haiti is expected by the end of May, coinciding with Kenyan President William Ruto’s visit to the White House on May 23. 

As Haiti anxiously awaits the arrival of the international force, a new appeal lodged by the Kenyan opposition threatens to disrupt the planned schedule.

Meanwhile, Haiti’s crisis continues to worsen, with gangs systematically and audaciously wreaking havoc on public and private facilities. The most recent gang attack took place over the weekend in Croix-des-Bouquets Commune, located 10 miles northeast of central Port-au-Prince, the Haitian capital. The infamous 400 Mawozo gang, under the leadership of Wilson Joseph, known as “Lanmò San Jou”, razed the Croix-des-Bouquets Police Station and the deserted women’s prison of Titanyen.

This happened just about two months after the gangs orchestrated the evasion of the main Port-au-Prince and Croix-des-Bouquets prisons, which led to the escape of about 4,600 prisoners, according to the United Nations Integrated Office in Haiti (BINUH).

This incident occurred on May 18 while Haiti celebrated its 221st Flag Day anniversary. On this occasion, Edgard Gardy Leblanc Fils, the Transitional Presidential Council (TPC) president, pledged to reclaim territories under gang control. “The Haitian flag, a symbol of state authority, will soon fly everywhere, signifying the end of the reign of permanent insecurity,” Leblanc announced in his speech at Villa d’Accueil, the official prime mister’s office located about 6 miles southeast of the National Palace in Port-au-Prince.

Leblanc reiterated that there are no lost territories, referring to areas where gangs hold sway. On the same day, one of the member gangs of “Viv Ansanm,” 400 Mawozo, destroyed two state authority symbols in the Croix-des-Bouquets commune to demonstrate its power.

This is the third major attack orchestrated by the gangs since the TPC assumed power on April 25, following an attack on a police station in the commune of Gressier.

Gangs currently exert control over more than 80% of the metropolitan area of Port-au-Prince. Despite the efforts of various specialized police units, these gangs persist in their relentless attacks on vulnerable populations and institutions, including both public and private facilities, with police infrastructure being a notable target.

Members of the TPC have pledged to reestablish peace and security across the country since their inauguration. However, residents of Port-au-Prince have experienced a surge in violent incidents. Gangs have been conducting killings and arson attacks indiscriminately, leading to a daily increase in the number of displaced families and individuals.

The international community, including the United States—which has pledged $300 million of the $600 million budgeted for the MSS operations—bets heavily on the arrival of multinational troops to help strengthen the Haitian National Police (PNH).

On Sunday, the U.S. Department of State, via its International Narcotics and Law Enforcement Agency, supplied another set of equipment, including ten armored vehicles, to support the PNH in its fight against gang violence. This marks the second wave of donations from the U.S. government to the Haitian police within a week; the first delivery consisted of six armored vehicles and food supplies received by PNH’s director general, Frantz Elbé, on May 11.

After receiving the second equipment batch, Elbé reasserted the PNH’s dedication to restoring peace and public order throughout Haiti. The handover of the ten armored vehicles at Toussaint Louverture International Airport occurred once again in the presence of the U.S. Ambassador to Haiti, Dennis Bruce Hankins. These donations are part of a $100 million aid package from the U.S. Department of State intended to strengthen Haiti’s security forces and justice system.

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