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The National Security Council led by President William Ruto and Interior and National Administration  Cabinet Secretary Kithure Kindiki has moved to the Court of Appeal seeking to overturn the decision against the deployment of police officers to Haiti.

In a notice of appeal by NSC and CS Kindiki, the government wants the Appellate court to quash the decision by High Court Judge Chacha Mwita that declared their move to deploy police officers to Haiti to help the Caribbean country deal with criminal gangs was unconstitutional.

The National Security Council led by Ruto, his deputy Rigathi Gachagua and CS Kindiki says they are aggrieved with the entire judgement of Judge Mwita rendered on January 26, 2024, and intends to appeal the same at the court of appeal.

“Take note that National Security Council and CS interior, being dissatisfied with Judge Mwita, intends to appeal to the court of appeal against the who of the said decision,” the notice of appeal states.

The move by the Ruto-led security council and Kindiki to the Appellate court comes after Justice Mwita ruled that the decision to deploy the officers to Haiti did not meet the constitutional and statutory standards.

He said the National Security Council has no legal mandate to deploy police officers under the law, adding that it can only do so with the defence forces.

“It is my finding that the National Security Council does not have powers at all to deploy police outside Kenya. I therefore find the deployment of 1000 police officers to Haiti in a U.N approved mission unconstitutional null and void, “Justice Mwita ruled

In his ruling, the judge said that the manner used by President William Ruto, Interior Cabinet Secretary Kithure Kindiki, National Assembly and Attorney General Justin Muturi and Inspector General of Police Japheth Koome in deployment was against the country’s law and the constitution.

While declaring the deployment illegal, Justice Mwita further concurred with the Petitioner Third Way Alliance leader Ekuru Aukot and its chairperson Miruru Waweru that the government did not conduct proper public participation.

“An order is hereby issued prohibiting the purported deployment of police officers to Haiti or any other country, otherwise and in contrary with Sections 107 and 108 of the National Police Service (NPS) Act,” Judge Mwita ruled.

He added that any other action taken by any other state organ in furtherance of the deployment decision would also be invalid, null and void.

Aukot and Waweru argued that the deployment of police officers is not envisaged in the Constitution.

Advocate Charles Midenga said the law provides for the deployment of only military personnel, and even in such a case the public must be consulted.