In a bold move, the Kenyan Members of Parliament have greenlit the deployment of 1,000 police officers to Haiti for a crucial peacekeeping mission, a decision met with controversy due to a standing conservatory order issued by the court. The parliamentary decision unfolded during a session where the motion was introduced by the Joint Committee of the National Assembly Departmental Committee on Administration and Internal Security and the Senate Standing Committee on National Security, Defence, and Foreign Relations.
Deputy Speaker Gladys Sholei, presiding over the session, played a pivotal role in steering the motion towards approval. Notably, Sholei pointed out that the National Assembly had not been served with the court petition challenging the deployment, emphasizing the lack of direct knowledge about the legal constraints.
The statement issued by the National Assembly, as recorded in the order paper, reflected the gravity of the decision: “Taking into consideration the recommendations of the joint committee, this House approves the deployment of officers of the National Police Service to the Multinational Security Support Mission to Haiti.” These words, echoing through the parliamentary chambers, set the stage for a contentious debate.
Majority Leader Kimani Ichung’wah, a prominent figure aligned with the Kenya Kwanza coalition, staunchly supported the motion. Ichung’wah asserted that parliamentary decisions should take precedence, implying that the court’s ruling ought to await the deliberations and resolutions of the legislative body. Furthermore, he refuted claims of sub judice, highlighting the parliamentary standing orders that, in his view, did not prohibit discussions on matters before the court.
However, not all voices in Parliament harmonized with the majority stance. Opposition MPs, including Otiende Amollo and Opiyo Wandayi, vehemently opposed the approval of the motion. Amollo, in particular, accused Parliament of sub judice, contending that the court order not only barred the deployment but also prohibited any discussion on the matter in any forum.
Deputy Speaker Sholei, undeterred by the dissenting voices, officially approved the motion, invoking the provisions of article 248 A. This move raised eyebrows and drew swift reactions from constitutional lawyer Ekuru Aukot. Aukot expressed deep concern, noting that Parliament’s decision to proceed with the deployment while legal proceedings were ongoing could potentially lead to charges of contempt of court.
Aukot’s reaction underscores the delicate balance between the executive, legislative, and judicial branches of government, shedding light on the complex interplay of powers in the Kenyan political landscape. As the case continues to unfold, it remains to be seen how this clash between Parliament and the judiciary will impact not only the mission to Haiti but also the broader dynamics of governance in Kenya. The controversy serves as a stark reminder of the challenges inherent in navigating the intricate web of legal and political processes within the nation.
