Moments after Haiti Prime Minister Ariel Henry announced his resignation, questions arose regarding the next course of action concerning the bilateral deal signed with the Kenyan government on March 1, 2024.
Some observers suggested that the deal to deploy 1,000 police officers to the Caribbean nation could be deemed null and void following Henry's resignation. They pointed out the tumultuous situation in a country that had seen its leader forced into exile.
Reports indicate that Henry is still stranded in Puerto Rico after a failed attempt to return to Haiti. They argued that the Kenyan government should rethink its decision to interfere in the affairs of the conflict-riddled country.
Others, however, believed that the deal was binding regardless of the parties that signed.
Marvin Muriuki, an international law expert, explained to Kenyans.co.ke that the deal signed by a leader on behalf of a government or a state is binding and will remain intact unless revoked by the successive leader.
"A deal between the two states stands as a valid contract. In a bilateral contract, the Prime Minister acts as a representative of the State. His actions bind the state, regardless of the length of his tenure," he stated.
"Many international policies enjoyed globally are inherited by succeeding governments. The new Prime Minister may proceed to either reject or alter the agreement through another bilateral deal that could overrule the previous one. However, considering the state of emergency in the country, it is highly unlikely that the new leader will wish to rescind the deal."
Gideon Mwawasi, an expert in foreign policies and international law, also weighed in on the matter and noted that chaos in Haiti dates back to the colonial period which required a revolution to overthrow the French regime.
The expert argued that following their independence, Haiti has faced immense pressure from other countries attempting to interfere in their affairs.
"The framework that Haiti came to be as an independent nation was very hostile.
"France ordered them to pay an indemnity over property lost through the revolution in exchange for diplomatic recognition. This has happened until recently and has thus affected the country's socio-economic development," he told Kenyans.co.ke
"Haiti has had nations interfere including the United States. In the current political crisis, you will always see that other nations have a role in it. To date, a lot of Haitian political leaders have very strong ties with other nations."
Role Kenya Plays
While examining the role Kenya plays in Haiti, Mwawasi pointed out that the public is not privy to the benefits Kenya stands to gain from the deal, aside from the monetary factor.
He added that the courts, which initially blocked the deployment, would have to reassess and look at customary international law to see whether some of the issues were addressed.
"Kenya has always been a footsoldier for neocolonialism, dating back to the founding Jomo Kenyatta government," he added.
"When you look at Haiti with the decades of crisis, and Kenya with its role in neocolonialism, you then begin to see Kenya insisting on the mission despite the legal challenges."
"The court will look at other instances where a head of state signed an agreement outside their country, went into exile and then resigned."
