Rédaction Africa Links 24 with Daily Nation
Published on 2024-02-03 21:00:00
President William Ruto made headlines earlier this week when he announced that it may be possible to send police to Haiti “as early as next week,” pending compliance with the legal process outlined by the Court. But is it really that simple? There are three critical questions that need to be addressed. What did the Court decide? What is required to deploy police legally outside of Kenya? And specifically, what steps are needed to deploy Kenya’s police to Haiti?
In a nutshell, Justice Chacha Mwita’s decision comes down to the concept of reciprocal arrangement. According to him, the law does not prohibit Kenya police from being deployed abroad. However, the President (and likely the Inspector General) must demonstrate the existence of a “reciprocal arrangement” between Kenya and the country where the police are to be deployed. As there was no evidence of such an arrangement between Kenya and Haiti, the plan to send police to Haiti was deemed illegal.
But what exactly is a reciprocal arrangement? The National Police Service Act defines a reciprocating country as one which the President has gazetted, after being satisfied that the foreign country’s law contains provisions reciprocal to those regulating Kenya’s deployment of police abroad and vice versa. In simple terms, this means that the foreign country must have laws allowing for the deployment of its police force abroad and must seek foreign police as well. If these conditions are not met, the legal threshold for the deployment of Kenya police is not satisfied.
Two important points emerge from this definition. Firstly, the decision to designate a reciprocating country is not at the discretion of the Executive or based on international requests. It is solely dependent on whether the relevant foreign country has laws regarding police deployment. Secondly, the President must officially gazette the intended country of deployment, providing undisputable evidence of the government’s decision. The legal process for designating a reciprocating country is crucial and must meet the necessary legal and constitutional standards.
When President Ruto asserts that designating Haiti as a reciprocating country is all that is needed to send the police there “as early as next week,” the crucial question is whether the reciprocal arrangement has been objectively and prudently considered. The assessment of equivalence, where the foreign country’s law is compared to Kenya’s relevant laws, plays a pivotal role in this determination. It is not simply about the formal designation of a country, but about ensuring that the laws, mandates, disciplinary processes, and entitlements of the foreign country’s police force align with those of the Kenyan police.
The decision to deploy police officers abroad is not one to be taken lightly. It requires careful consideration of potential risks to the officers involved and the implications for the country’s diplomatic relations. It is a decision that demands prudence, objectivity, and sufficient justification. Above all, it must adhere to the constitutional requirement of accountability for the actions of public officers.
In conclusion, the process of deploying police officers abroad is not as straightforward as it may appear. It requires a thorough assessment of legal, diplomatic, and constitutional factors to ensure compliance with the law. The decision lies with the President, but it must be made with due diligence and objectivity.
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