Policing
Policing
Policing
in Kenya
Douglas Kivoi
KIPPRA in Brief
The Kenya Institute for Public Policy Research and Analysis (KIPPRA) is an
autonomous institute whose primary mission is to conduct public policy research
leading to policy advice. KIPPRA’s mission is to produce consistently high-quality
analysis of key issues of public policy and to contribute to the achievement
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on public policy issues.
Published 2020
© Kenya Institute for Public Policy Research and Analysis
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reflect the views of the Institute.
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Table of Contents
Abstract ..................................................................................................................vii
Abbreviations and Acronyms................................................................................viii
Operational Terms.................................................................................................... x
4. Conceptual Framework...................................................................................24
6. Policy Reforms................................................................................................. 31
6.1 Service Standing Orders.................................................................................. 31
6.2 Community Policing Strategy ......................................................................... 31
6.3 Logistical Reforms and Police Mobility..........................................................32
6.4 Group Life Insurance Cover............................................................................33
6.5 Increased Budgetary Allocations....................................................................33
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Policing reforms to enhance security in Kenya
References............................................................................................................... 51
Annex......................................................................................................................56
iv
List of Figures
List of Tables
Table 1: Global Terrorism Index for EAC countries (2015-2018)...........................4
Table 2: Crimes by typology handled by National Police Service...........................8
Table 3: IPOA case management – Summary of records reviewed...................... 14
Table 4: Vetting statistics....................................................................................... 12
Table 5: Some of the 2017/2018 budgetary provisions for police mobility.......... 15
Table 6: Traditional roles of Kenya Police Service and Administration Police
Service..............................................................................................................29
Table 7: Development and recurrent allocation for NPS.......................................34
Table 8: Select reforms that have been implemented and those pending............34
Table 9: Most bribery prone government institutions in the 2017 East African
Bribery Index................................................................................................... 37
Table 10: Government institutions where bribery is prevalent (2018)................. 37
Annex 1: Summary of some of the National Taskforce on Police Reforms........... 56
v
Abstract
vii
Policing reforms to enhance security in Kenya
viii
Abbreviations and acronyms
ix
Policing reforms to enhance security in Kenya
Operational Terms
x
1. The Genesis of Police Reforms in Kenya
Although police reforms in Kenya gained traction after the disputed 2007
presidential elections that resulted in violence and lawlessness that exposed the
unpreparedness of policing agencies for such events, the need for reforms in
policing in Kenya needs to be contextualized under the broader theme of public
sector reforms (Njuguna et al., 2013). The genesis of the current National Police
Service began in 1887 when Sir William McKinnon of the Imperial British East
Africa (IBEA) formed a security company to provide protection for his stores
along the coastline of Kenya (Kenya Police, 2003). The security company then
was known as the Kenya Police Force, which changed its name to National Police
Service (NPS) under the much envisaged policing reforms. However, in 1906, the
Kenya Police was officially set up by a Police Ordinance while the Administration
Police was constituted by the Village Headman Ordinance (Waller, 2010). In
1911, a Police Training School was set up in Nairobi (Kenya Police, 2003). Also,
to professionalize the then colonial police, the office of Inspector-General was
established to unite various police units and to manage the affairs of the force in
another attempt to professionalize the colonial police service. However, by 1920,
the Kenya Police was only known for brutality and use of excessive force in urban
settlements, especially in Nairobi, as the colonial government fought the Mau
Mau insurgents (Murunga, 2009)
The colonial police force was to ensure that colonial settlers were safe from
disorder emanating from Africans residing mainly in slum areas. The colonial
government made another attempt in the 1950s by being a signatory to the
European convention on human rights that forbids detaining people arbitrarily,
which had been institutionalized by the colonial police in Kenya (CHRI, 2006).
This emanated from the brutality of the then home guards and colonial police
force in quelling the Mau Mau insurgents.
After Kenya gained independence in 1963, an African police force was established
by an independent policing agency and National Security Council (Ghai, 2002).
A constitutional amendment in 1964 saw the police become a political tool of
the executive, hence watering down its independence and autonomy. After the
country promulgated a new constitution in August 2010, the Kenya Police Force
changed its name to the National Police Service to enable it to become a service-
oriented police service and move away from being perceived as a tool for political
repression and human rights violations. This saw the enactment of various laws
to operationalize the National Police Service Commission (NPSC), Independent
Policing Oversight Authority (IPOA), and the merger of the previously independent
and separate Administration Police and Kenya Police. The Government had before
August 2010 been pursuing police reforms under the Governance, Justice, Law
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Policing reforms to enhance security in Kenya
and Order Sector Reform Programme (GJLOS). GJLOS recognized the critical
role played by the policing sector in governance, hence a need to shift gear from a
reactive unit to a proactive one.
A taskforce on police reforms was etsablished in 2003 to spearhead policing reforms
to enhance accountability and transparency in policing in Kenya. The taskforce
proposed the enhancement of community policing in policing, improvement of
police welfare and salaries, increasing the mobility of police officers to crime
scenes and providing adequate housing for all police officers (World Bank,
2009). However, due to lack of a clear framework on the operationalization of
community policing, communities took this noble initiative as a leeway to form
vigilante groups and militias. These illegal groups started engaging in lynching
of suspects hence watering down the noble initiative of community policing.
According to Ruteere (2003), community policing was contested because citizens
saw some police officers as colluding with criminals hence citizens were reluctant
to volunteer information on crime to policing agencies for fear of being targeted by
criminals (Ruteere and Pommerolle, 2003). This was partly due to the absence of
a community policing policy which led to the misconception on what community
policing entails. Also, according to Monjardet (2000), some police officers have a
bad attitude towards the public hence legitimizing public hostility towards policing
agencies. This lacuna has to be addressed for community policing to gain traction.
Also, KNCHR (2008) notes that resistance to change within policing agencies is
the greatest impediment to full realization of police reforms.
1.1 Introduction
2
The genesis of police reforms in Kenya
3
Policing reforms to enhance security in Kenya
Country 2015 GTI 2016 GTI 2017 GTI 2018 GTI 2019 GTI
Score Score Score Score Score
1 Kenya 6.66 6.578 6.169 6.114 5.756
2 Uganda 4.894 4.327 4.319 3.926 3.957
1 IPOA February 2016 report on housing, not yet available online; see also http://www.nation.co.ke/news/
Prioritise-police-housing-to-improve-security/-/1056/3087890/-/f9njl6z/-/index.html.
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The genesis of police reforms in Kenya
5
Policing reforms to enhance security in Kenya
The aim of the study was to examine the legal and institutional policing reforms
in Kenya and the challenges it is facing with a view to making appropriate policy
interventions and how the reforms have enhanced security to assist the process of
implementation.
The specific objectives included:
• To examine legal and institutional policing reforms that have been
implemented.
• To assess challenges facing policing reforms in Kenya.
• To provide policy recommendations towards strengthening policing reforms
in Kenya.
Police officers in Kenya have since independence been perceived as serving only
the political class plus the affluent in the society. They have been accused of being
selective in their application and enforcement of the rule of law, hence resulting
in impunity. It is against this background that the Kenyan Government launched
police reforms geared towards establishing a citizen friendly police institution
since 2003 (Ransley, 2009). Despite the fact that police reforms are enshrined
in the Constitution, available evidence pointed to persistent structural and
administrative challenges. Persistent hostility between the police and members
of the public was rife, accompanied by increased insecurity within Nairobi County
(SRIC, 2012).
This research therefore documents police reforms in Kenya in an analytical
context. This research is relevant since it has tracked and documented the various
legislative and policy reforms that have been put in place, and challenges impeding
the implementation of police reforms in the country. The information generated
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The genesis of police reforms in Kenya
1.1.5 Methodology
The methodology used by the research was qualitative (desk research review). The
study reviewed journal papers, media articles and books published in the subject
of study.
Key legal and policy documents reviewed include but not limited to: Constitution
of Kenya, Independent Policing Oversight Authority Act No. 35 of 2011, National
Police Service Act, No. 11(a) of 2011, National Police Service Standing Orders,
National Police Service Commission Act, No. 30 0f 2011, National Coroners
Services Act No. 18 of 2017, Office of the Director of Public Prosecutions Act No. 2
of 2013, among other official government policy documents.
Police reforms in Kenya gained traction after the infamous 2007/2008 violence
due to a disputed presidential election during which property worth millions of
shillings was destroyed, hundreds lost their lives and many others were evicted
from their homes. According to the Waki report, police officers lacked the capacity
to contain the violence and in some incidences, they instigated and perpetrated
the violence. Available literature indicates that police reforms in Kenya have
been met with a lot of resistance, with forces of impunity and anti-change heavily
fighting for retention of status quo (Amnesty International, 2013). This is because
the Kenya police service was accustomed to safeguarding the interests of political
leaders and those in power (Kagari, 2006). This had bred a culture of impunity,
corruption and lack of accountability within the ranks of the service. In the
Economic Recovery Strategy for Wealth and Employment Creation 2003-2007,
the security priorities that were given focus included introduction of codes of
conduct, enhancing the response of policing agencies to cases of crime, improving
the work environment of police officers and setting up of civilian oversight over
operations of police officers. The National Peace Accord (2008) signed after the
post-election violence set the pace for policing reforms in Kenya due to the feeling
that during the violence that happened after the disputed presidential election in
2007, police were not well prepared to handle the skirmishes in a professional and
non-partisan way.
According to Ruteere (2003), the stall in community policing, hence police
reforms, has been due to the fact that some elements within the police service
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Policing reforms to enhance security in Kenya
8
The genesis of police reforms in Kenya
9
Policing reforms to enhance security in Kenya
Kenya is undertaking policing reforms in the police service operations. The main
tenet of policing reforms is to establish a people-centred policing unit that respects
the rule of law and operates within the confines of the law. Police response to the
2007 disputed presidential election protests and violence saw the formation of a
police reform task force which recommended reforms within the policing agencies
in Kenya. The Ransley report recommended several changes within policing
agencies, including the revamping of the police to establish:
• A single Police Service that merged the Administration Police and the Kenya
Police under one single chain of command;
• A Police Service Commission to manage recruitment and personnel; and
• A civilian body to provide oversight over policing in the country. The body
was to be mandated to handle cases of police misconduct.
The Constitution which lays emphasis on having a citizen centred policing saw the
enactment of:
• The National Police Service Act 2011
• The National Police Service Commission Act 2011
• The Independent Policing Oversight Authority 2011
The Philip Ransley report rooted for the establishment of an Independent Policing
Oversight Authority, National Police Service Commission, National Coroners
Service, amongst other over 200 recommendations reforms to change policing in
Kenya and make it a people centred public service institution.
Article 243 of the Constitution of Kenya is the pillar upon which the National
Police service is anchored on. This article compels policing agencies to strive
towards achieving higher standards in policing and promoting transparency and
accountability in policing in Kenya. The Constitution outlines the objects and
functions of the National Police Service and provides its structure, command
and principles. The freedom and security of all persons is guaranteed by the
Constitution.
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Trends in various indicators
The Constitution of Kenya and the National Police Service Act 2011 are the two
pillars upon which the establishment of the NPS is anchored. The National Police
Service Act 2011 merged two police units, namely: Administration Police and
the Kenya Police Service into one operational unit. This is a departure from the
previous formation where the police service used to be divided into two units. The
Bill was passed in 2011 but operationalized in 2012 due to logistical challenges
such as budgetary allocation and the recruitment of office bearers.
In merging these two policing units, the previous Police Act and Administration
Police Act were repealed to form the National Police Service Act 2011. Section 9
of National Police Service Commission Act, 2011 provides that the National Police
Service be headed by an independent Inspector General of Police and his/her
two deputies appointed through a thorough vetting process. This means that the
appointment of the Inspector General of Police was no longer a function of the
Presidency. In previous policing Acts, the appointment of the Commissioner of
Police and his/her removal from office was vested in the Presidency. The current
Constitution of Kenya grants the Inspector General security of tenure in office and
has set out clear grounds upon which he/she can be dismissed from office. The
Inspector General of Police is independent since political interference is now a
thing of the past in as far as promotion, discipline and enforcement of the law is
concerned.
The first Inspector General of Police was appointed in December 2012 as per
Article 243 of the Constitution, which established the independent office of the
IGP and the two deputies and also established the basic appointment process
empowering the President to make appointments to the offices with the approval
of Parliament. This was an open process that involved public participation of
citizens and other non-State actors. This appointment was made after Parliament
passed the National Police Service Act 2011 to operationalize Article 243 of the
Kenyan constitution.
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Policing reforms to enhance security in Kenya
Police Service against police officers who abuse the law while on duty. IPOA is also
mandated to keep records of all reported cases of police misconduct throughout
the republic and action taken against such errant officers.
This Act also empowers IPOA officers to visit premises and detention facilities
operated by the NPS to ensure that they are humane and that such facilities do not
abet human rights violations. Section 5 of the IPOA Act stipulates that the functions
of the Authority are to ensure that policing agencies are hekd accountable during
discharge of their mandate. This is enshrined in Article 244 of the constitution,
which compels policing agencies to promote and entrench professionalism,
discipline, transparency and accountability. The Ransley Task Force found that
complaints against police misconduct were never investigated/handled with
impartially, and most of the time they were ignored and/or the complainants
threatened and victimized by police officers. These findings occasioned the
recommendation for the formation of a police oversight mechanism to handle
cases of police misconduct, leading to the formation of the Independent Policing
Oversight Authority (IPOA) through national legislation.
The success of IPOA will be a benchmark for other regional states and Africa at
large. Since its formation, cases of police misconduct, brutality, misuse of fire
arms and wanton human rights violations have reduced.
In the first Policing Standards and Gaps survey in Kenya in June 2018, IPOA had
received a total of 10,381 cases (Table 3).
Table 3: IPOA case management – Summary of records reviewed
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Trends in various indicators
The setting up of the National Police Service Commission was geared towards
reforming the management and governance of the National Police Service.
Initially, operations of the National Police Service were under the office of the
Commissioner of Police and the Office of the President. This made it vulnerable to
political manipulations and compromised its impartiality. Owing to the enactment
of the National Police Service Commission Act 2011, the National Police Service
Commission, which is insulated from any form of manipulation and independent
in its constitutional work of handling policy matters, extends this independence to
the NPS which it oversees, giving rise to a significant milestone as far as policing
reforms are concerned in Kenya.
Particularly, section 11(b) of the National Police Service Commission Act 2011
empowers NPSC with the responsibility of management of personnel within the
NPS in adherence to the constitutional requirements of fair national representation
and a minimum one third gender rule. By vesting recruitment of NPS personnel
in the NPSC, corruption, nepotism and negative ethnicity, among other vices that
characterized previous personnel recruitment have drastically dropped (Jonyo
and Buchere, 2011). This Act also mandates the NPSC to work in partnership with
the Independent Policing Oversight Authority (IPOA) in monitoring, identifying
and investigating complaints made by citizens against the police. The National
Police Service Commission Act 2011 also compels the NPSC to ensure better
service delivery in tandem with global advances.
The NPSC was created with a view to delinking security management from the
Public Service Commission (PSC). Previously, the then Commissioner of Police
had absolute mandate in the recruitment and management of personnel in the
entire police service. However, this anomaly was corrected, since it is risky to vest
immense absolute powers in one office/institution alone and may be problematic
for accountability purposes. NPSC is thus tasked with personnel management as
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Policing reforms to enhance security in Kenya
The National Police Service Regulations vetting bill was aimed at assessing the
suitability of all serving senior officers to continue serving in the National Police
Service. Sections 7(2) and (3) of the National Police Service Act 2011 stipulated
that all officers of the NPS would undergo vetting to ascertain their suitability to
remain in the service. Those who failed the vetting due to their past misconduct
were removed from the police service.
Critical to achieving the mandate of the NPSC was the institution of a vetting
process of all active-duty personnel, which began in December 2013. During
the initial vetting, members of the police service were scrutinized for suitability
and competence to continue serving. The public was invited to give submissions
on any cases of human rights’ violations and abuse of office on any officer that
they had witnessed. The vetting process began with Senior Commanders but was
characterized by lack of full public engagement. It followed that non-State actors
failed to provide NPSC with the necessary information, especially on violations
required to adjudicate on the suitability or unsuitability of police officers that
were being vetted. The Inspector General of Police, the two Deputy Inspectors
General and the Director of Criminal Investigations were the first to be vetted. A
total of 5,993 officers were vetted by the NPSC before the terms of the first cohort
of commissioners expired in 2018.
14
Trends in various indicators
The officers who were removed from office were found liable for having abused
their positions in the National Police Service. Of the seven Senior Deputy
Commissioners of Police (S/DCP) who were vetted, three were deemed unfit
to serve as police officers and subsequently removed from office. Out of the 23
Deputy Commissioners of Police (DCP) who were vetted, two were found unfit to
hold office. Of the 1,467 officers of the ranks of Senior Superintendent of Police
(SSP), Superintendent and Assistant Superintendent who were vetted, 72 officers
were found unfit to continue holding office and were removed from the service.
Out of the 2,640 traffic officers who were vetted, 318 were found unfit to hold
office and removed from the service. NPSC based its decision on information and
evidence on any serving police officer who had participated in illegal activities
such as brutality, illegal arrests and detention of citizens, involvement in gender-
based violence such as battery, sexual assaults; corruption and corrupt dealings;
or undermining of Chapter six of the Constitution.
The Constitution provides for a structure and command of the NPS in Articles
238, 239, 243, 244 and 247 of the Constitution and the NPS Act 2011. Further,
Article 245 (2) (b) stipulates that the Inspector General shall exercise independent
command over policing agencies and other illegal policing functions assigned to
the office. Article 245(4) & (5) provides for specific offices, circumstances and
manner under which the Inspector General may receive instructions from other
authorities. Independent command implies vide the NPS Act 2011 section 10 (f-
h), among others, the control of the following components, namely: personnel
recruitment, training, deployment and discipline accountability. One police
command structure for both the Administration Police (AP) and Regular Police
through the National Police Service (NPS) headed by an independent Inspector-
15
Policing reforms to enhance security in Kenya
General of Police (IGP) was a path geared towards enhancing the efficiency of the
service and lead to improved service delivery to citizens.
Figure 1: Key institutions in Kenya
The regular and Administration Police have been integrated to work independently
of Government officials. In the past, Administration Police were used to working
with the defunct provincial administrators. The aim of merging the regular and
Administration Police into one unit is to free the police from interference from
the Government and political leaders. The Waki report on the 2007/2008 post-
election violence recommended the integration of the Administration Police in
the Kenya Police service, creating a single police entity with a single chain of
command.
16
Trends in various indicators
The National Police Service faces shortage of staff to carry out core policing
mandate, which impacts effective service delivery to the citizens. The National
Police Service has a total strength of 105,551 officers, distributed as 92,412 men
and 13,139 women2 considering the Kenyan population over 48 million citizens
based on the 2019 population census and current population estimates.
This shortage of officers arises from officers being assigned non-core functions.
For example, findings from the Task Force on Police Reforms, there was general
concern that police personnel were being assigned functions outside their core
mandate. In 2009, the Task Force estimated that there were about 3,000 police
officers especially APS deployed in non-core duties (Ransley, 2009). Apart
from relieving police officers to do their core functions and enhance the police/
population ratio, a shift in policy will create job opportunities for youths in the
private security sector. This reduces the number of officers actively engaged in law
enforcement and crime prevention within communities.
Kenya has since 2010 been modernizing policing through provision of modern
equipment and technical support to promote smart policing. Currently, policing
agencies have adopted and are utilizing the Integrated Command Control and
Communications (IC3) centre and CCTV surveillance in urban streets and along
major highways. Policing agencies have also embraced intelligence-led policing
and officers undergoing training to stem the tide posed by the dynamic nature of
crime and criminals.
The National Police Service has rolled out a digital Occurrence Book for a number
of police stations to ensure that police records on crime and other incidents are
not lost easily.
2 Refer to the NPS Policy framework and Strategy for reorganization and integration of the National
Police Service, provision of decent housing and integration of police and prison officers with
communities and neighbourhoods, 2018
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Policing reforms to enhance security in Kenya
Kenya has been increasing resources dedicated to security with its budgetary
due to the imminent threats from Al-Shabaab terrorists and sophisticated local
criminal networks. The NPS has acquired specialized patrol vehicles for movement
of personnel in border regions neighbouring lawless states such as Somalia and
South Sudan.
In a nutshell, the Government of Kenya is keen to continually keep improving
police infrastructure, appreciating the role communities play in keeping their
communities safe, focusing on community policing and appreciating the role
played by research in crime control.
The modernization of the National Police Service includes the provision for
sufficient vehicles, modern weapons, armoured vehicles for special operations
and revamping of the police air wing for air support services to officers during
their operations. An encouraging advance that police are adopting technology is
the Ksh 15 billion (US$ 150 million) National Security Surveillance, which has
seen the NPS partner with other private actors to enhance security in urban areas.
The Inspector General of Police has already launched digital Occurrence Books
(OBs), which will change how reported crimes are handled. Digitizing OBs
ensures that all entries made are a permanent record that cannot be edited and/or
deleted, thus guaranteeing transparency and accountability in police operations
at the station level. The use of digital tools will eliminate manipulation of entries
in the occurrence books, which hampers crime prevention. Manual record had the
risk of those records being manipulated by rogue officers. Digitization of police
records will go a long way in enhancing supervision of police operations in the
field from the commanders’ level and make every police officer more accountable
towards duty. Digitizing services that are critical to service delivery to Kenyans
3 https://www2.deloitte.com/content/dam/Deloitte/ke/Documents/tax/Economic%20
outlook%20ke%202017%20Final.pdf
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Trends in various indicators
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Policing reforms to enhance security in Kenya
The process of reforming the police service started before the 2007/2008 post-
election crisis but it was only after the crisis and the promulgation of the new
constitution that the need to accelerate the police reforms agenda was emphasized.
Previously, efforts have been made to transform policing in Kenya into a globally
competitive agency. However such efforts can not be done in a vacuum unless the
drivers of crime and criminal networks are also addressed. drivers of crime like
unemployment, poverty, police brutality, among others ought to be prioritized as
national agenda.
The 2007/2008 Commission of Inquiry into the Post-Election Violence (CIPEV)
observed that police officers lacked the capacity to contain the violence and in
some extreme cases they took sides and hence instigated the violence. The Waki
Commission therefore recommended urgent police reforms to curtail a repeat of
such levels of lawlessness.
The Philip Ransley Commission heavily used two police strategic plans; that is, the
2003 to 2007 and 2008 to 2012 plans. The Commission also did a case study on
police reforms in several countries across the globe on the best policing standards
and practices. The Ransley Taskforce came up with over 200 recommendations, key
among them being the merger of the then two police forces, changing of the image
of police from a force to a service unit, establishment of the office of the Inspector
General, establishment of the NPSC, establishment of the IPOA, establishment
of the IAU, review of the police training curriculum, vetting of all police officers,
retraining of all police officers, change of the police ranking structure, purchase
of enough operational resources and improvement of the general welfare and
terms of service of police officers (Ransley, 2010). The constitution Kenyans
promulgated in August 2010 adopted most of these recommendations. The
Government in its quest to operationalize the Ransley taskforce report and the
constitution saw the enactment of the NPS Act, the NPSC Act, and the IPOA Act.
The enactment of these legislative framework acts saw the establishment of three
critical institutions in policing reforms in Kenya, namely: IPOA, NPSC and IGP.
These offices are critical in ensuring the independence of security institutions and
cushion police work from interference.
The NPS had developed a strategic plan for the period 2003-2007. The goals
and objectives that were highlighted in the 2003-2007 strategic plan were the
recognition of the value of promoting the rule of law, fostering partnerships with
20
The reform process
citizens and the respect of human rights in their interactions with the citizenry.
This strategic plan also appreciated the role of enhancing both individual and
institutional accountability by setting up a National Police Service Commission
and an independent civilian oversight body. The plan recognized that institutional
unaccountability, police impunity and corruption within its ranks as being
endemic to the force.
The NPS 2003-2007 strategic plan also committed the service to partial
decentralization of the police force, modernization of the police as the main
priority, training and retraining of officers, relinquishing auxiliary services such
as driving and guarding VIPs, shielding policing from political interference,
addressing the dearth of resources within the force, dismantling institutional and
structural barriers to policing, among other reform activities.
The second strategic plan for the NPS ran between 2008 and 2012. It should be
noted that the effect of the first strategic plan implementation on the organizational
performance of the Kenya Police Service was not evaluated. Instead, the 2008-2012
review only highlighted the achievements of its predecessor and acknowledged
room for improvement without focusing on the challenges and weaknesses
experienced in its implementation. An evaluation of the implementation of
strategic plans is key if the NPS is to make progress in its reform processes.
Currently, the NPS is in the final stages of implementing the 2013-2017 strategic
plan.
The 2013-2017 plan highlighted shortage of personnel, and logistic infrastructure
challenges as some of the biggest impediments the service has. The 2013-2017
strategic plan cited stagnation of NPS personnel in one rank, lack of sync between
the NPS and NPSC functions, inadequate budget and limited infrastructure as
some of the impediments for service delivery.
The 2007/2008 post-election violence was one of the most compelling reasons
for police reforms. Police officers appeared to have been overwhelmed by the
violence that broke out in most parts of the country and the response of the police
was wanting. The Government then formed a commission of inquiry chaired by
Justice Philip Waki. The setting up of the Commission of Inquiry into the Post-
Election Violence - CIPEV (Philip Waki Report, 2008) found out that the NPS did
not anticipate, prepare for, and contain the 2007/8 violence and lawlessness due
to the contested presidential election.
The Waki Commission of Inquiry into the Post-Election Violence reviewed the
response of policing agencies to the disputed 2007 general elections, concluding
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Policing reforms to enhance security in Kenya
that national security agencies had failed to respond professionally to the violence
that broke out after the elections. The Waki report was of the view that the
NPS personnel failed to employ pre-emptive and preventative measures, thus
contributing to the lawlessness and anarchy that was witnessed. NPS personnel
were sharply criticized by the Waki report for adopting a reactive approach as
their main law enforcement strategy for quelling the violence that broke out after
the elections.
Among some of its specific findings was that police officers totally lacked the
capacity to contain the violence. The Waki report therefore called for urgent
sustainable police reforms to avert recurrence of such cases, including abuses of
human rights (Waki, 2008). In some extreme cases, some officers were singled
out for abetting arbitrary arrests, torture and loss of lives of citizens.
The major aim of the UN Special Rapporteur was to establish causes of illegal
killings and ensure that those responsible are held to account for their actions.
The report pointed out cases of police officers involvement in extra-judicial
killings due to the prevalence of impunity within the rank and file of policing.
The report also pointed out the existence of "police killer squads" that operated
with impunity under directions from senior commanders, thus strengthening the
findings of the Waki Commission.
The national taskforce on police reforms reviewed the then existing policies,
legislative, institutional, administrative and operational frameworks with a view
to flagging out existing challenges hampering efficient policing in the country.
The need for a total transformation in the police force was driven by the ills in
the police force, which had eroded public trust and reputation, thus the need to
transform the police from a force to a community-centred service provider and
make it more accountable, professional, transparent and citizen-centred in its
discharge of services to the public. According to Government of Kenya (2010),
such a police service will respect human rights and deliver on its obligations to the
people of Kenya.
Ransley (2009) indicated that to enhance police accountability in Kenya, there
should be improvement of the ability of public institutions to ensure policing
agencies are accountable when discharging their mandate. The Ransley report
22
The reform process
recommended the need for a police oversight body to weed out impunity within
policing agencies.
23
Policing reforms to enhance security in Kenya
4. Conceptual Framework
This study has adopted Kut Lewin’s Change theory and McKinsey 7s model as
its theoretical framework. According to Kritsonis (2005), Lewin’s change theory
change occurs in three phases, namely: Unfreezing, Change and Refreezing.
Thus, Lewin’s three-step model of change has three stages: unfreeze, move
or change, and refreeze (Kurt Lewin, 1951; 1958). It provides a stepping stone
upon which a wide range of literature on reforms and institutional change is
anchored (Goodstein and Burke, 1995; Sapienza, 1995; Kotter, 1998; Goss et al.,
1998). A key component of Kut Lewin is the recognition of the fact that change is
mostly resisted within and outside the organization. This therefore requires the
involvement of all key actors in the process. This is an appreciation of the fact that
behavioural change within an organization is a difficult assignment, especially
changing the existing police culture that this study focuses on.
In Kenya, the intensity of the reforms in the NPS involves an overhaul of the entire
policing system from a repressive unprofessional institution to a modern dynamic
human-centred service. The envisaged reforms rolled out so far include change
of leadership, a shift in the working environment, emergence of new modes of
governance and policing, the evolution of new needs and the ever dynamic nature
of humanity. This therefore requires a shift in the mode of operations and service
delivery within policing agencies.
24
Conceptual framework
Structure
Strategy Systems
Shared Values
Skills Style
Staff
25
Policing reforms to enhance security in Kenya
26
5. Institutional Reforms
Two previously independent police units (Kenya Police and Administration Police)
were merged into one under a single chain of command to enhance efficiency and
avoid duplication of roles. Before August 2010, the two units operated separately,
each with their own chain of command. The Waki report had also recommended
the merging of the two units of the Police Service to delink the Administration
Police service from the defunct Provincial Administration.
Pursuant to section 10(h) of the National Police Service Act, 2011 and Chapter
1 Para 9(2) of the Service Standing Orders, the Inspector-General is required to
organize the Service at the national level into formations, units and components.
With regard to this, the NPS has 14 formations and units4:
1. Traffic Police Unit
2. Tourist Police Unit
3. Railway Police Unit
4. Presidential Escort Unit
5. Marine Police Unit
6. Kenya Airports Police Unit
7. General Service Unit
8. Diplomatic Police Unit
9. Kenya Police Dog Unit
10. Anti-Stock Theft Unit
11. Kenya Police Air Wing Unit
12. Kenya Police College
13. Kenya Police Staff Training College
4 Chapter 2, sub-section 7(1) of the service standing orders.
27
Policing reforms to enhance security in Kenya
28
Institutional reforms
The Office of IGP was created after the merging of the two policing units
(Administration police and Kenya Police)to coordinate and oversee the operations
of the National Police Service. Thus, the office of the IGP serves to oversee the
functions of the NPS at the national level and give policy advice to both the
national government, county governments and other institutions of governance
29
Policing reforms to enhance security in Kenya
Internal complaints handling procedures in the police service was provided for in
previous police standing orders. However, this complaint handling mechanism
had not realized its goal, according to the Ransley Taskforce Report.
Section 87 of the National Police Service Act 2011 set up the Internal Affairs Unit
(IAU) taskd with internally handling cases made by and against police officers.
IAU is also required to keep records of all cases it handles. IAU works closely
with other arms of Government, such as the Attorney General, NPSC, National
Transport Safety Authority (NTSA), Office of Director of Public Prosecutions
(ODPP), Chief Firearms Licensing Office, IPOA, Chief Government Pathologist
and the civil society. IAU, however, is expected to work independently without
the control or direction of either Government agencies or arms. One major
shortcoming with the IAU is that it operates under a cloud of mysteries as it has
never communicated to complainants how their cases have been resolved other
than their annual reports on the number of cases reported.
30
6. Policy Reforms
Key policy reforms in policing include modernizing and transforming the policing
institutions, specifically (NPS, NPSC and IPOA) to become effective, efficient and
citizen-centred service.
The NPS strategic plan for 2015-2018 sought to improve policing standards in the
country. The strategic plan sought to eschew vices that would undermine policing
in the country and embrace globally recognized policing standards. These basically
are in tandem with the McKinsey 7s model. The shared values in policing are
linked to reformation, training and capacity building, community-based policing
and resource management. The NPS strategy, structure, system, style, staff and
skills are linked to all the strategic plans implementation processes in the service.
All these do not require the enactment of laws to entrench them in policing in
Kenya. Indeed, the Ransley task force report identified community policing as
a key asset in improving citizen police relations, and improving standards of
policing in Kenya. Most of the policy reforms discussed in this section do not
require legislation to be implemented; rather they are pegged on McKinsey’s 7S
model of structure, strategy, systems, skills, style, staff and shared values.
The following are some of the policy reforms that have been instituted in the NPS:
The Ransley Task Force report recommended that the NPS standing orders be
reviewed and the formerly two separate policing units be merged into a single
unit under one chain of command. Among the new standing orders is that all
operations of the Administration Police and Kenya Police service shall fall under
the office of the Inspector General of Police and delegated to the two Deputy
Inspectors General who will be in charge of the administration and regular police
services. The Directorate of Criminal Investigations (DCI) will be coordinated by
a director. Also no NPS officer will take orders from politicians, other state actors,
civilians and/or non-state actors if such orders are against the law. This has made
the NPS to be autonomous to avoid manipulations from external actors such as
politicians.
The historical beginnings of colonialism pitted citizens against the police service,
which was often viewed as a tool of oppression and suppression as opposed to
being a government security service delivery agency. Then, police officers used to
harass, intimidate and suppress the civilian population into submission. This had
31
Policing reforms to enhance security in Kenya
poisoned the relationship between the policing agencies and citizens who viewed
officers with suspicion.
There has never been cooperation between police officers and civilians in
addressing issues of crime and security. The Government of Kenya through the
NPS Act, 2011 mainstreamed community policing and made it part of policing.
The new police training curriculum has been reviewed and now incorporates
community policing in the training of new recruits. This is aimed at ensuring that
all police officers own this initiative of community policing to enhance and foster a
good working relationship between officers and local communities where they live
and serve. Increased partnerships between the NPS and citizens will help address
issues of insecurity, since citizens would be free to interact with officers without
fear or intimidation.
Community policing implies a working framework between the NPS personnel and
citizens by concentrating on building trust with communities and treating them
as actors in crime prevention while de-escalating actions such as arbitrary arrests
and unnecessary searches. Community policing is being implemented under the
Nyumba Kumi initiative (Kenyatta, 2013). The Nyumba Kumi is a community
policing initiative that treats communities as actors in making communities safe
by partnering with policing agencies. Nyumba Kumi does not entail vigilantism or
formation of private militias in the name of organizing security.
Lack of adequate patrol vehicles for police officers was cited as one of the factors
that hamper police response to crime. This study established that the Government
continues to pay close attention to increasing mobility of NPS personnel as
follows:
• A framework that identifies mobility requirements of police personnel is in
place
• Between 2009 and 2015, more than 989 motor vehicles had been made
32
Policy reforms
The Government in 2014 rolled out a group cover for all members of the National
Police Service. This is meant to cushion NPS officers against occupational health
hazards such as when officers encounter terrorists, criminal gangs, suffer injuries
related to work or death while on duty, among other dangers associated with
policing. Officers do not contribute to this cover. NPS officers are also covered by
the NHIF scheme. This group cover was aimed at boosting the morale of officers
to improve service delivery.
The National Government has increased its financial allocation to the various
institutions of governance as seen in Table 7.
33
Policing reforms to enhance security in Kenya
Rec. Dev. Rec. Dev. Rec. Dev. Rec. Dev. Rec. Dev. Rec. Dev.
IG Office - - 12.061 0.589 9.733 1.842 Policing 68.7 9.5 72.2 10.3 76.3 8.4
services
Table 8: Select reforms that have been implemented and those pending
34
Policy reforms
35
Policing reforms to enhance security in Kenya
The 2007 disputed presidential election violence rekindled calls for police
reforms in Kenya. The Philip Waki Commission on Post-Election Violence was
given a special mandate to investigate the state of policing agencies preparedness
to respond to security threats. The recommendations of the Waki Commission
became the driving wheel for policing reforms in Kenya. This called for the
development of policy, legal and institutional frameworks to guide the envisaged
reforms.
In view of this study, reform efforts and outcomes ought to be interpreted holistically
in the context of governance challenges that the Kenya faces in transformation.
At the onset of the democratization and political reforms in Kenya, policing
reforms were not given a serious traction, thus helping perpetuate cases of police
impunity. Thus the failure to place policing reforms together with political reforms
contributed immensely to a lethargic culture within the security sector in the
country. Kenya has enacted critical legislations to operationalize policing reforms,
but these have not been operationalized through various policies, and a number
of challenges have hindered their implementation (Amnesty International, 2012).
The findings of this study agree with the Mckinsey 7s conceptual theory, which
holds that for an institution to perform effectively, 7 elements ought to be looked
at holistically. These elements include structure, skills in terms of personnel, style
of leadership, staff, systems and shared values in an organization (Peters and
Waterman, 1982). Policing requires adaptation of skills and expertise due to the
dynamic nature of the work.
A number of recommendations in the Ransley report were aimed at enhancing
accountability mechanisms within policing personnel to weed out corruption
within its ranks and professionalize it. Of great importance is for personnel within
policing agencies to develop ethical values that are in tandem with the constitution
and police standing orders so as to enhance their service provision. These are
some of the emerging policy issues as far as policing reforms process in Kenya are
concerned:
7.1 Corruption
Corruption within the rank of the National Police Service is the greatest impediment
to reforms being carried out by the government. Some traffic police officers extort
bribes from motorists in blatant violation of the law7. Reckless motorists and public
service vehicle operators violate traffic laws with impunity since they are well
7 https://www.standardmedia.co.ke/article/2001350232/gunfire-blood-as-eacc-arrests-traffic-
police-officers
36
Emerging policy issues
aware that they will bribe traffic police officers when apprehended to “buy” their
freedom. It has also been argued that senior commanders in the police service,
who benefit directly from corruption, are among those stalling police reforms.
Table 9: Most bribery prone government institutions in the 2017 East
African Bribery Index
37
Policing reforms to enhance security in Kenya
8 https://www.nation.co.ke/news/Daring-thief-robs-traffic-police-officers-of-bribe-cash/1056-
5461960-19m0rgz/index.html.
9 http://www.the-star.co.ke/news/2016/06/06/six-year-old-boy-shot-by-police-in-kisumu-
protests_c1364168 accessed on 5th September 2016.
38
Emerging policy issues
and the protection of children. Police officers therefore have no legal mandate to
ban public protests.
The Sixth Schedule to the NPS Act clearly stipulates circumstances in which a
police officer may be compelled to use force. Firstly, the NPS Act requires that non-
lethal means be first employed and when this fails, the officer may use reasonable
and justifiable force. It is worth noting that some of the officers deployed to quell
riots do not have easily identifiable name tags and service numbers. The inability
to identify officers on duty, facilitates offender anonymity in respect of offences of
police misconduct.
It should be noted that there have been reported cases of police officers using
excessive unwarranted force while arresting suspects in some cases using teargas
canisters in residential areas10, schools and even hospitals11. The Constitution
accords every person the right to freedom and security of the person, which
includes the right not to be treated or punished in a cruel, inhuman or degrading
manner.
Some police officers arrest citizens without clearly identifying themselves and
informing the individual the reason for the arrest.12 This is in violation of the
constitutional rights of citizens and an offence under the NPS Act. In extreme
cases, some police officers search private homes without a court warrant.13 Every
Kenyan citizen has a right to privacy, which includes the right not to have one's
home and/or residence searched without a court warrant.
Since the country embarked on police reforms in 2008, there is a new single
uniform for the three units of the police service, but majority of the officers are
yet to start wearing the kit. The Administration Police, Kenya Police Service and
General Service Unit (GSU) still retain their different distinct uniforms. Their
vehicles are also different in colour. The difference in colour of their vehicles
points to a lack of proper merging between the policing services of the three
units of the police as was stipulated in the constitution and the Ransley report.
Therefore, the National Police Service is yet to have a single uniform kit for the
GSU, Administration Police Service and Kenya Police Service despite it having
10 https://www.capitalfm.co.ke/news/2020/03/police-teargas-defiant-residents-in-kisumus-
kondele-suburb-in-day-2-of-nationwide-dusk-to-dawn-curfew.
11 https://www.hrw.org/news/2020/04/22/kenya-police-brutality-during-curfew.
12 https://www.nation.co.ke/news/Policemen-fight-court-ruling-to-pay-illegal-victims-arrest-Sh9m-
/1056-5509412-mtxrcq/index.html.
13 https://www.nation.co.ke/news/Policemen-fight-court-ruling-to-pay-illegal-victims-arrest-Sh9m-
/1056-5509412-mtxrcq/index.htm.
39
Policing reforms to enhance security in Kenya
More than ten years after policing reforms were initially rolled out, a number of
police officers still live in dilapidated housing units akin to informal settlements.
Some officers cannot stay with their families since they share existing housing
units with their colleagues who may not be married. This kind of housing of police
officers is likely to demotivate them and may even make them think that the
proposed reforms are not bearing fruit. In January 2016, IPOA released a research
report on police housing crisis in Kenya. The report showed that 63,000 out of
80,000 subordinate police officers lived in squalid and inhumane conditions due
to lack of decent houses. Among the recommendations made by the report were:
• A shift from housing police in one central housing to a house allowance based
scheme
• Enhanced allowances to NPS personnel to cater for their housing outside
police stations
• Proposal for police personnel to stay outside their duty stations and not within
• Negotiate special mortgage schemes for police officers
• The Government to operationalize special housing for married personnel
• Develop a Housing Policy for NPS
Currently, the Government has opted out of the requirement of insisting that
police officers be housed in their camps and stations and instead is paying officers
house allowances to enable them rent premises out of their duty stations. This is a
commendable effort and also a step towards fostering trust between police officers
and citizens. However, a number of police officers still reside in squalid housing
units provided within police stations.
Mistrust between police officers and citizens still persists. This would explain why
most personnel in the NPS perceive public demonstrations as a nuisance to them
40
Emerging policy issues
(police officers). This may also partly explain the brutality witnessed when police
officers disperse protestors. The law allows citizens the right to protest as long as
they notify the police of their intentions and as demonstrators, do not block roads
or engage in looting.
When the community policing initiative was launched, it had the public good will.
However, this enthusiasm fizzled out and some communities have since resorted to
forming vigilante groups and militias. The result has been the lynching of suspects
(mob injustice) by citizens as opposed to handing suspects over to police officers.
Some of these vigilantes have mutated into criminal gangs extorting money from
citizens under the pretext of payment for “security fee”. In some cases, these gangs
have hacked innocent people they suspect of engaging in crime.
Lack of trust between policing agencies and citizens was tragically evident during
the 2007 disputed presidential election violence. Failure by NPS and other
Government agencies to hold officers who directly or indirectly played a role in
human rights violations remains the biggest impediment to police accountability
in Kenya. This is because of the 1,133 reported deaths during the violence, it was
estimated that over 400 met their demise as a result of police actions.
Currently the government has stopped housing majority of officers within
police stations and is paying house allowance to junior officers so that they can
afford housing in civilian communities. This is a step in the right direction in
changing citizens perception of the police and giving them a much-needed morale
booster, alongside other measures of entrenching trust. The Ransley report had
recommended the entrenchment of community policing among other measures as
a key step towards improving police community relations.
The NPS is yet to fully embrace modern technology in policing. Though police
criminal records have been computerized, most if not all police stations and
outposts in Kenya are not directly linked so as to share information on security.
Most police stations across the country record huge volumes of cases in the
Occurrence books (OB) but they are not electronically available to other stations.
This would be a huge boost to security if these cases reported in OBs were made
available to select security agencies given the nature of citizens moving and
resettling from one area to another due to work, opportunities, among others.
Most police stations have tattered old manual files used for record keeping. Apart
from the CCTV cameras installed on highways and streets of Nairobi, there is no
other meaningful progress as far policing agencies embracing technology. Drivers
41
Policing reforms to enhance security in Kenya
bluntly disregard traffic lights in Nairobi’s CBD streets despite the presence of
these cameras. Installing cameras and surveillance equipment is commendable
but it requires to be merged with other tactics if the war on insecurity is to be
won. Citizens should be able to engage policing agencies and report cases of
crime without necessarily having to go physically at police stations. Also policing
agencies should partner with the National Assembly to pass legislation that would
allow them to tag hardcore criminals released from prison with GPS-enabled
tracking devices to track their movement.
The Police Internal Affairs Unit has an anonymous crime reporting system where
citizens and even police personnel can report suspected cases of police misconduct
without necessarily having to appear in person at the offices.
Technology can be employed in crime analysis to collaborate the use of information
technology as a means of understanding criminals, the crimes they commit, the
locations of these crimes, their associations and how we can prevent these crimes
in future. Primary implementation such as the use of street cameras can be made
better by adopting enhancements such as body cameras for police, in-vehicle
computers and dash cams, facial recognition technologies, license plate readers
or even mobile fingerprint readers.
42
Emerging policy issues
43
Policing reforms to enhance security in Kenya
abuse of power have risen to 46.2 per cent in 2019 from 30.4 per cent in 2013.
Police commanders need to closely supervise their juniors and sanction those who
operate outside the laid down procedures and abuse their offices. The Internal
Affairs Unit and the DCI are tasked with investigating NPS officers, but even with
the consequences, officers continue to go against the Service Standing Orders.
Some of the few key cases that IPOA had a hand in reigning in on rogue officers
include one at the Ruaraka Police Station, whose commander was sentenced to
death after being found guilty of killing a suspect in custody. In another case, an
officer was imprisoned for 15 years following a fatal shooting in Kasarani. Two
officers were also sentenced to death for fatal shootings in Kabete while a senior
detective was jailed for seven years for fatally shooting a 14-year-old girl in Kwale.
The NPSC appears to have abdicated its disciplinary role to the NPS. To stem
the tide of police involvement in crime, the relevant duty bearers need to revisit
the tenets of the constitution All duty bearers including Ward Commanders
(WC), Sub-County Police Commanders (SCPC) should emphasize on discipline
in command and individual responsibility on the actions of each officer. Majority
of police officers are good and law abiding. However, bad elements threaten to
contaminate the entire service. Policing is a complex profession that requires
officers to abide by a strict code of conduct and the rule of law because when
the public loses respect and confidence in law enforcement, that is a recipe for
anarchy.
44
Emerging policy issues
Some of the common traumatic work related stress situations could include but
not limited to:
• Communities and criminals violently attacking officers while carrying out
their work as was witnessed in 2012 when cattle rustlers butchered 42 police
officers in Baragoi (Kariuki 2012).
• Police officers being involved in a fatal shootout with criminals.
• Police officers are first responders to horrific scenes such as road crashes, fire
incidents, among others, which could impact on the psychological welfare and
mental health of the officers.
• When officers arrive at scenes of crime and are torn between being humane
and empathizing with traumatized victims, especially if they do not have
prerequisite skills like in counselling.
• When officers have turmoils (ranging from financial challenges, marital
problems, among others) in their personal lives and are still required to attend
to their police work. Without proper support, personal challenges negatively
impact their work and response to security challenges.
• Due to the nature of police work, most are apprehensive of their lives after
retirement because of the exposures they had with criminals and their
networks. As such, they live in fear of criminals infiltrating their private lives
to seek revenge.
IPOA in its end of first term report 2012-2018 cited non-cooperation from NPS
personnel which made it difficult for the oversight body to discharge its functions..
Other challenges the IPOA faces include but not limited to:
• Outright hostility to IPOA officers when they visit police premises.
• An insufficient legal framework that would ensure officers involved in
misconduct while in line of duty.
• Failure by NPSC and NPS to implement recommendations made by State and
non-State actors on how to improve policing premises.
• Challenges in the enforcement of access to information, which is key in
entrenching accountability in policing.
• Breakdown in disciplinary mechanisms within NPS.
• NPS does not have an internal framework to protect whistle blowers within
45
Policing reforms to enhance security in Kenya
its personnel.
• A low level of awareness within communities on what constitutes police
misconduct.
46
8. Conclusion and Policy Recommendations
8.1 Conclusion
Since the era of colonialism, Kenya’s police service has undergone various
transformations to improve service delivery by making it citizen-friendly. This
relationship between the NPS and communities has improved owing to various
reforms that have been put in place. Various institutions have been set up in
accordance with the Constitution. These are the National Police Service, the office
of the Inspector General and his two Deputies, National Police Service Commission
and the Internal Affairs Unit. The National Police Service is transforming
itself from a colonial institution for repression in the early 1960s to a modern
service delivery government agency that is people-centred as is enshrined in the
constitution.
It should be noted that majority of the legislative reforms the Ransley report
recommended have been enacted (National Police Service Act 2011, National
Police Service Commission Act 2011, Independent Policing Oversight Authority
2011 and National Coroners Service Act 2017). This has resulted in the creation
of office of Inspector General of Police (IGP), National Police Service Commission
(NPSC) and Independent Policing Oversight Authority (IPOA). The office of the
National Coroners Service is yet to be operationalized despite the Act having been
passed by Parliament in 2017. Of the over 200 recommendations in the Philip
Ransley Report, most of the proposed recommendations involved a change in
policies and a creation of new policies. The country is yet to develop a National
Policing Policy, Public Order Management Policy, and roll our comprehensive
Community Policing Policy as recommended by the Ransley report, among other
key policy reforms (refer to Annex 1). The biggest challenge has been lack of
sufficient funding to support this reform process.
In view of the above and seeking to add impetus to the ongoing journey of policing
reforms in Kenya, this paper makes the following policy recommendations:
Sufficient budgetary provision to policing bodies: NPS, IPOA and NPSC
have cited lack of sufficient resources, which has hampered training of personnel
and provision of modern equipment thus hampering the envisaged reforms. These
bodies should also be sufficiently resourced to carry out their mandate effectively.
Fostering transformative leadership in the police service:
Transformative leadership is key towards transforming policing standards in
47
Policing reforms to enhance security in Kenya
Kenya. Meaningful changes in policing will only happen if it is driven from within
NPS.
Continued cooperation between policing bodies and non-State
actors: NPS should demonstrate openness to change and involve non-State
actors in policing, particularly in areas such research and partnerships for policy
development.
NPSC, IPOA, IAU and the Ministry of Interior and Coordination should make it
a habit to build and entrench a culture of accountability within the police service
to complement external, independent oversight mechanisms from civil society
groups to reduce and end the culture of impunity in the service.
The IAU should carry out comprehensive civic education on its mandate and
processes aimed at both the police service and civilians. This will ensure that both
parties are aware of the new unit and its mandate and will encourage people to
report to the IAU in cases of police misconduct.
IAU needs to devolve its service to County level to help in professionalizing policing
by ensuring that cases of police misconduct at county level are handled promptly.
The National Police Service officers should make it their habit to eschew corruption
and develop best international police practices of serving citizens as opposed to
soliciting for bribes from law-breakers. The Government should ensure that the
EACC has sufficient operational and institutional independence to deliver on the
anti-corruption mandate especially in tackling the problem of bribery within the
ranks of NPS.
The National Police Service should come up with innovative ways
of interacting with citizens in order to boost the low level of trust
it receives from citizens. NPS should embrace social media in totality and
interact with the communities it serves through these platforms. Trust cannot be
built through arbitrary arrests or increased patrols.
The National Police Service should urgently establish a comprehensive
training curriculum on the management and control of public
demonstrations with reference to best international policing practices.
The management of public gatherings course should be a core unit to all police
officers. The unplanned for deployment of officers from different units such as
the General Service Unit (GSU), Security of Government Building (SGB), Kenya
Airport Police Unit (KAPU), Rural Border Patrol Unit (RBPU), Rapid Deployment
Unit (RDU) Maritime Police Unit, Kenya Prisons Service, among other units to
deal with demonstrators and riots without proper training and briefing should
be minimized. The National Police Service should be carrying out intelligence
48
Conclusion and policy recommendations
49
Policing reforms to enhance security in Kenya
2009.
IGP should prevail upon all officers to ensure that they respect the
rights of arrested persons by making the arrestees aware of their
rights and also by observing the Bill of Rights enshrined in the
constitution. All arrested persons ought to be told the reason/s why they are
being arrested and also the arresting officers must identify themselves as stipulated
in the police standing orders.
50
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References
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Policing reforms to enhance security in Kenya
Annex
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Annex
57
Policing reforms to enhance security in Kenya
Restructured Kenya The Kenya Police Force should be renamed the Legal. Done. National
Police Service Kenya Police Service Police Service Act 2011
The head of the Kenya Police Service should be an Done
Inspector-General at National level, assisted by a
Deputy Inspector General
Provincial Police Commissioners (PPCs) should County Policing
replace Provincial Police Officers (PPOs). Each PPC Authority yet to be
should have District Police Commanders, Station created
Commanders and such other officers as will be
necessary for policing purposes, for example Police
Post Commanders and Patrol Base Commanders at
the lowest level. They should have operational and
financial autonomy in carrying out their functions
and responsibilities
A Directorate of Criminal Investigations (DCI) Done
should be established which should be headed by an
Assistant Inspector General. This should replace the
current CID and should be devolved to provincial
levels
There should be a Presidential Escort and VIP Done
Protection Unit
A Commandant with a ranking equivalent to a Done
Regional Commissioner of Police should head the
General Service Unit (GSU)
There should be a Traffic Department which should Done
be devolved to the provincial level
There should be a Maritime Police Unit Done
There should be a Kenya Police Air Wing Done
There should be a Kenya Police Reserve Unit Being Restructured
The Internal Police Complaints Department Done
(Internal Affairs Unit) should be strengthened
The Police Service Commission in consultation with Done
the National Police Council should determine the
ranking
Provincial Police Commanders (PPCs) should have Done
complete operational and financial autonomy from
the centre. The same principle will apply in respect
to Director DCI and Commandant GSU
Recruitment and deployment of the Police Continuous
Commissioners should be done by the Police Service
Commission (PSC) and should be on a performance
contract basis. Dismissals can be initiated by the
PSC or with the recommendation of the Inspector
General through a panel set up by the PSC
Evaluation should be based on a performance-based Pending
appraisal system
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Annex
Presidential and This Unit be renamed ‘The Presidential Escort and Policy. Implemented
VIP Escort Unit VIP Protection Unit’ as it would better describe its
more expanded mandate of protection functions
Maritime Police The Maritime Police Unit should be revamped, Policy. Implemented
unit adequately staffed with qualified personnel,
equipped with modern speedboats and allocated
sufficient funds
A complete overhaul, revamping and modernization Policy. Implemented
of the Maritime Police Unit should be undertaken.
There is also need for clarity and coordination
between the police and other key agencies in this
area such as Kenya Ports Authority, KWS and the
Kenya Navy to optimize resources and personnel and
to enhance security
Kenya Police The Government should appoint a committee of Ongoing
Airwing experts, including from the aviation industry, to
assess the performance and viability of the Kenya
Police Air Wing
A consolidated Air-Wing shared by the Kenya Police, Ongoing
the Administration Police and the Kenya Wildlife
Services should be established. The Chiefs of these
organizations should discuss the modalities
Provision should be made for adequate terms and Ongoing
conditions to attract and retain pilots and engineers
of the highest possible standard
Kenya Police Dog It is recommended that in addition to the current Policy. Implemented
Unit functions that the unit be given mandate to breed
and train dogs for commercial purposes as an
income generating unit
It is recommended that there be established an Policy. Implemented
animal unit that will incorporate the current dog
unit, the mounted unit that cares for and maintains
horses, to cater for any animals that the police may
require in the course of their duties
Restructuring of The Administration Police should be renamed Policy. Implemented
the Administration Administration Police Service
Police
A Commandant General shall be the Commander/ Policy. Implemented
head of the Administration Police Service, assisted
by a Deputy Commandant General.
The Provincial and District Administration Police Policy. Implemented
Commanders should be included in the Provincial
Security Intelligence Committees (PSIC) and
District Security Intelligence Committees (DSIC)
respectively.
A restructuring of the Administration Police Service Ongoing
should take place with powers and responsibilities
devolved to Provinces and Districts. The Provincial
Administration Police Service Commandants should
have operational and financial autonomy
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Policing reforms to enhance security in Kenya
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Policing reforms to enhance security in Kenya
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Annex
Internal Police A unit should be established in each of the police Policy. Implemented
Accountability services headed by an Assistant Commandant and
a Senior Assistant Commissioner of Administration
Police and Kenya Police respectively to specifically
handle investigations, arrest, and prosecution of
offending police officers in liaison with the Attorney
General
The internal enforcement unit should be responsible Policy. Implemented
for managing the police against police complaints
with a view to either pursuing prosecution or
recommending action of whatever nature against a
police officer. They should also have the authority to
take over complaints already being dealt with by the
police when deemed appropriate.
Establishment of an An Independent Police Oversight Authority Legal. Implemented.
Independent Police should be established under the Constitution and Independent Policing
Oversight Authority supporting legislation (Independent Police Oversight Oversight Authority
Authority Act) (IPOA) Act 2011
An immediate amendment of the constitution should Legal. Implemented.
be effected to enable the creation of the Independent Independent Policing
Policing Oversight Authority (IPOA) Oversight Authority
(IPOA) Act 2011
The Independent Policing Oversight Authority Policy. Implemented
should be made up of seven (7) persons as follows:
Chairperson, who shall be a person qualified to be
appointed a Judge of the High Court of Kenya;Six
(6) other members with the knowledge and proven
experience in their respective fields as follows:(Two
from public administration,One with a human rights
background,One from financial management, One
from corporate management,One from religious
leadership);No gender should exceed two thirds
of the total membership provided that the Vice
Chairperson should be of different gender from the
Chairperson
Recruitment of members should be through a Policy. Implemented
competitive process to be conducted by the Public
Service Commission
Appointment of Members: The Public Service Policy. Implemented
Commission should recommend to Parliament
the names of successful applicants for approval.
Parliament should forward the names to the
President for appointment in consultation with
the Prime Minister. Members should serve for one
5-year term
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Policing reforms to enhance security in Kenya
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Policing reforms to enhance security in Kenya
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Policing reforms to enhance security in Kenya
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Conclusion
Policing reforms to enhance security in Kenya
72
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Policing reforms to enhance security in Kenya
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Annex
Disaster The Government should fast track the development Policy. continuous
Preparedness of the National Disaster Management Policy and
and Conflict the legal framework to provide for a structured
Management coordination in the response and management of
disasters, including allocating specific roles and
functions to the police, military, and other relevant
Government agencies, civil society organizations,
international humanitarian organizations, and
United Nations agencies, among others.
The police should be provided with basic equipment, Policy. continuous
skills, tools and kits necessary for first line responses
to emergencies before the specialists get to
disaster scenes. In particular, police radio system/
communication system should always be in good
working condition.
The teaching of conflict prevention and resolution Policy. continuous
skills should be enhanced at all Police Training
Colleges for effective police engagement in the
community. In addition, there should be regular
refresher courses on disaster management for police
personnel at all levels.
A code of conduct should be developed for police Policy. Pending
personnel for strict observance during any disaster
situation.
The policy on Peace Building and Conflict Policy. continuous
Management for the effective engagement of the
Police Services in conflict early warning systems
and effective collaboration with other stakeholders
should be fast-tracked.
The capacity of police officers in peace building and Policy. continuous
conflict management skills should be enhanced to
enable them to respond effectively to communal
conflicts where necessary before they get out of
control.
Develop and implement a programme for public Policy. continuous
awareness and sensitization on disaster management
should be developed and implemented.
Community The completion of the National Policy on Community Pending
Policing Policing be fast-tracked.
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Policing reforms to enhance security in Kenya
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Policing reforms to enhance security in Kenya
Legislation New legislation will require to be enacted and National Police Service
existing legislation will require review, amendment Act 2011, Independent
or repeal to accommodate the recommendations. Policing Oversight
Legislation will be required to provide for the Authority (IPOA)
Police Service Commission, Independent Policing Act 2011 and the
Oversight Authority, Private Security Services National Police Service
Providers and Police Reforms Implementation Commission Act 2011
Commission. The Police Act and the Administration and Private Security
Police Act will require to be reviewed, updated and Regulation Act enacted
modernized to provide, among other things for: The
Kenya Police Service; The Administration Police
Service; The roles and functions of the Inspector
General and the Commandant General; Review the
Police Service Standing Orders and development the
Administration Police Service Standing Orders
Police Reform Formation of a Police Reform Implementation Legislation. Pending
Implementation Commission through legislation
Commission
The functions of the Commission shall be Pending
to coordinate, monitor and supervise the
implementation of the reforms recommended by the
Task Force.
The Commission shall have all powers necessary for Pending
the execution of its functions under the Constitution
The Commission should submit progress reports Pending
to the Minister responsible for the Police, Prime
Minister, HE the President, Parliament and the
Public on a quarterly basis
80