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Policing Reforms to Enhance Security

in Kenya

Douglas Kivoi

Kenya Institute for Public Policy


Research and Analysis

KIPPRA Discussion Paper No. 237


2021
Policing reforms to enhance security in Kenya

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
of national long-term development objectives by positively influencing the
decision-making process. These goals are met through effective dissemination
of recommendations resulting from analysis and by training policy analysts in
the public sector. KIPPRA therefore produces a body of well-researched and
documented information on public policy, and in the process assists in formulating
long-term strategic perspectives. KIPPRA serves as a centralized source from
which the Government and the private sector may obtain information and advice
on public policy issues.

Published 2020
© Kenya Institute for Public Policy Research and Analysis
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PO Box 56445-00200 Nairobi, Kenya
tel: +254 20 2719933/4; fax: +254 20 2719951
email: [email protected]
website: http://www.kippra.org

ISBN 978 9966 817 45 7

The Discussion Paper Series disseminates results and reflections from ongoing
research activities of the Institute’s programmes. The papers are internally refereed
and are disseminated to inform and invoke debate on policy issues. Opinions
expressed in the papers are entirely those of the authors and do not necessarily
reflect the views of the Institute.

We are grateful to Dennis Ombuna of the Independent Policing Oversight Authority


(IPOA) and former and current serving officers in the National Police Service for
their invaluable support during this research.

ii
Table of Contents
Abstract ..................................................................................................................vii
Abbreviations and Acronyms................................................................................viii
Operational Terms.................................................................................................... x

1. The Genesis of Police Reforms in Kenya.......................................................... 1


1.1 Introduction......................................................................................................2
1.1.1 Research Problem.............................................................................................5
1.1.2 Research Objectives.........................................................................................6
1.1.3 Research Questions..........................................................................................6
1.1.4 Research Justification......................................................................................6
1.1.5 Methodology..................................................................................................... 7
1.2 Literature Review.............................................................................................. 7

2. Trends in Various Indicators.......................................................................... 10


2.1 Legal and Regulatory Issues............................................................................ 10
2.2 The Constitution of Kenya 2010..................................................................... 10
2.3 The National Police Service Act, 2011..............................................................11
2.4 Independent Policing Oversight Authority Act, 2011.....................................11
2.5 The National Police Service Commission Act 2011........................................ 13
2.6 National Police Service (Vetting) Regulations Bill 2011................................ 14
2.7 Independent Command Structure of the National Police Service................ 15
2.8 Personnel Issues..............................................................................................17
2.9 Modernization Programme..............................................................................17

3. The Reform Process.........................................................................................20


3.1 Before the 2007/2008 Post-Elections Period................................................20
3.2 The Commission of Inquiry into the Post-Election Violence......................... 21
3.3 The UN Special Rapporteur............................................................................22
3.4 The National Taskforce on Police Reforms....................................................22
3.5 Police Reforms Implementation Committee..................................................23
3.6 Police Reforms Steering Committee..............................................................23

4. Conceptual Framework...................................................................................24

5. Institutional Reforms .....................................................................................27


5.1 National Police Service.................................................................................... 27
5.2 Office of the Inspector General of Police........................................................29
5.3 Internal Affairs Unit (IAU)..............................................................................30

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

7. Emerging Policy Issues...................................................................................36


7.1 Corruption.......................................................................................................36
7.2 Inadequate Capacity Building and Infrastructure..........................................38
7.3 Continued Police Impunity.............................................................................38
7.4 Single Uniform Policing Kit/Gear...................................................................39
7.5 Poor Housing Conditions...............................................................................40
7.6 Trust and Community Participation...............................................................40
7.7 Use of Technology in Policing ........................................................................ 41
7.8 Unclear Recruitment Process..........................................................................42
7.8.1 Involvement of Some Police Officers in Crime..............................................43
7.8.2 Lack of Counselling Services for Officers......................................................44
7.8.3 Weak Partnership Between IPOA and Policing Agencies............................45
7.8.4 Policing of Protests and Public Assemblies..................................................46

8. Conclusion and Policy Recommendations...................................................... 47


8.1 Conclusion.......................................................................................................47
8.2 Policy Recommendations................................................................................47

References............................................................................................................... 51
Annex......................................................................................................................56

iv
List of Figures

Figure 1: Key institutions in Kenya....................................................................... 16


Figure 2: The Mckinsey 7S Model..........................................................................25

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

Policing reforms gathered steam after the 2007/2008 post-election violence


during which many Kenyans lost their lives and had their property running
into millions of shillings destroyed. The Constitution of Kenya 2010 sets out a
road map for an overhaul of the police structure by requiring the Government to
carry out a raft of reform measures to transform the police from a police force to
a police service. The Government has operationalized the National Police Service
Commission, and Independent Policing Oversight Authority through various
legislations whereas the National Police Service has operationalized functions
of the Internal Affairs Unit as stipulated in the Constitution. Currently, plans
are underway to have a single policing kit for officers involved in normal police
service within communities. The Government has also rolled out medical cover
for all personnel, increased budgetary provision for all policing agencies and
is modernizing police infrastructure to enable them respond to the dynamic
nature of security. However, challenges such as corruption, continued police
impunity and lack of trust from the citizenry are impeding the success of police
reforms. The National Police Service is transforming itself from a colonial
political institution for repression in the early 1960s to a modern service delivery
government agency that is people-centred as envisaged under the constitution
of Kenya.

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Policing reforms to enhance security in Kenya

Abbreviations and Acronyms


AIE Authority to Incur Expense
AP Administration Police
APFIS Automated Palm and Fingerprint Identification System
APSSC Administration Police Senior Staff College
APSSTPU Administration Police Specialized Stock Theft Prevention Unit
APTC Administration Police Training College
APSSU Administration Police Service Specialized Unit
BFIU Banking Fraud Investigation Unit
CPA County Policing Authority
CBO Community-Based Organization
CIPU Critical Infrastructure Protection Unit
CRO Criminal Records Office
DCI Directorate of Criminal Investigations
DNA Deoxyribose Nucleic Acid
EACC Ethics and Anti-Corruption Commission
FBO Faith-Based Organizations
GJLOS Governance Justice Law and Order Sector
GoK Government of Kenya
GSU General Service Unit
GTI Global Terrorism Index
IAU Internal Affairs Unit
IBEA Imperial British East Africa
ICD Independent Complaints Directorate
IGP Inspector General of Police
IIAG Ibrahim Index of African Governance
IPID Independent Investigative Directorate
IPOA Independent Policing Oversight Authority
KACI Kenya Airports Criminal Investigation
KRCI Kenya Railways Criminal Investigation
KAPU Kenya Airports Police Unit

viii
Abbreviations and acronyms

MTP Medium Term Prospects


NTSA National Transport Safety Authority
NPS National Police Service
NPSC National Police Service Commission
OB Occurrence Book
OCS Officer Commanding Station(s)
ODPP Office of Director of Public Prosecutions
PRIC Police Reform Implementation Committee
RDU Rapid Deployment Unit
RBPU Rural Border Patrol Unit
SCPC Sub-County Police Commanders
SGB Security of Government Buildings
TI Transparency International
UN United Nations
VIPPU Very Important Person Protection Unit

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Policing reforms to enhance security in Kenya

Operational Terms

Proactive Policing: Policing strategies that lay focus on crime prevention.


Reactive Policing: Strategies that involve responding to crimes that is taking
place or that has already taken place.
Police Impunity: Officers carrying out their duties with total disregard to
existing laws and norms.
Sanction: A penalty for disobeying rule and/or law.
Deploy: Post officers to strategic places for security provision
Police Misconduct: An illegal action and/0r behaviour by a police officer while
on duty.
Forensics: Scientific tests and/or techniques used in connection with the
detection and resolution of crime.
Oversight: Overseeing the performance and conduct of police officers to ensure
they operate within the law.
Occurrence Book: A register maintained by the National Police Service in all
police stations in which cases of crime and complaints are recorded as reported by
citizens (complainants).
Dash Cam: A camera on board a vehicle that records and monitors actions and
events around a vehicle in motion or stationary.
Circumvent: To evade/avoid/elude compliance with the law and/or laid down
rules.
Public Assembly: A large congragation by citizens that attracts both large and
small crowds.
Public Order Management: Protocols and policing guidelines that are adhered
to by policing agencies in managing both small and large gatherings.

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

Kenya is in the midst of a policing reforms programme. The reforms in policing


in Kenya are geared towards realizing a safe and secure nation by improving the
capacity of the police service to deliver its legal obligations to the public and make
it citizens-centred, accountable, transparent and respectful of the human rights
of Kenya’s citizens. Crime and insecurity are major concerns for government;
the Vision 2030 highlights the need for crime prevention in achieving the
developmental objective of a secure society that will enhance investment
opportunities for the country.
The policing reform agenda is defined both in the context of the Ransley Task
Force report that made 200 recommendations for radical police reforms and
by the Constitution of Kenya 2010. Police officers in Kenya are compelled by
the constitution to be humane and respect the fundamental rights of citizens in
the course of exercising their duties. It also has a progressive chapter on human
rights, laying down policing standards that are required in protecting the lives

2
The genesis of police reforms in Kenya

Box 1: The changes


The Constitution of Kenya promulgated in August 2010 called for revamping
of the entire policing sector with the setting up of a people centred police
service that respects the basic fundamental rights of citizens. National
Assembly legislated laws to midwife the process. The major aim of the
envisaged police reforms is to have a policing service that is responsive to
the needs of communities and partners with citizens to ensure communities
are safe. The Ransley police reforms report called for the establishment of a
single police unit with one chain of command plus the formation of a civilian
body to provide oversight to police conduct.

and livelihoods of citizens and communities, to add on international treaties that


Kenya is a signatory to. The Government established a task force on police reforms
in May 2009 headed by Judge Philip Ransley and a Police Reform Implementation
Committee (PRIC) to oversee the implementation of the proposed reform agenda
to overhaul the existing policing system. The reform agenda covered changes to
the legal and regulatory framework, institutional structure and policies, and the
modernization of the police.
Since the recommendations made by the Ransley Task Force, there has been
demonstrated commitment by the Government to implement the reforms in
transforming the national police from a ‘force’ into a ‘service’, by so doing seeking to
transform a police culture of pervasive impunity and brutality into a more humane,
transparent, responsive and proactive service provider. For example, the legal and
regulatory reforms have seen the enactment of the National Police Service Act
2011, National Police Service Commission Act, 2011 and the Independent Policing
Oversight Authority 2011, among other legal reforms, together addressing the
duties, constitution and sanction of members of the police service.
Further, a single national police command structure for both the Administration
Police (AP) and Regular Police through the National Police Service (NPS), headed
by an independent Inspector-General of Police (IGP), is another move geared
towards enhancing the efficiency and citizen orientation of the service. To improve
the working condition for the police officers, the Government of Kenya under the
Governance, Justice, Law and Order Sector (GJLOS) Reform Programme has been
pursuing police reforms acknowledging that efficient and responsive policing is
critical in the criminal justice system. This resulted in the formation of codes of
conduct and improvements to service delivery across all policing units through
shifting from a previously reactive to proactive policing approach, enhancing
crime reporting procedures as a service to victims, modernizing policing through

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Policing reforms to enhance security in Kenya

provision of modern equipment and incorporating other technical support to


promote smart policing (World Bank; 2009, CHRI; 2006).
The Police Reform Taskforce Report made a number of recommendations which
resulted in the formation of:
• One policing unit that brought both the Kenya National Police and
Administration Police under one chain of command.
• A National Police Service Commission (NPSC).
• The Independent Policing Oversight Authority (IPOA).
• Internal Affairs Unit (IAU).
Despite the efforts made, the reforms are yet to bear the expected level of outcomes.
The mistrust between police officers and citizens still exists. When Kenya’s
community policing initiative was initially launched, it benefited from significant
levels of public goodwill. However, the enthusiasm has since dissipated, and many
communities resorted to forming vigilante groups and militias. More than ten
years since the police reforms were first rolled out, a number of police officers
still live in dilapidated housing units akin to informal settlements. An IPOA study
conducted in 2016 revealed that 63,000 of the country’s 80,000 police officers
still live in poor housing.1 Some researchers have argued for the Government to
stop cramming officers together in their barracks but instead pay them a housing
allowance commensurate with their duty stations. Though this scheme is being
implemented, some quarters within the security sector are of the view that such
a move may compromise station commanders' ability to mobilize officers during
an emergency. Also, there are fears that it could impact negatively on discipline
and morale within the service, though this is yet to be authoritatively established.
Since then, there have been demonstrated commitment to implement the reforms,
which gathered momentum in 2010 after the enactment of a new constitution
(Njuguna et al., 2013). However, there have been emerging issues that have
compounded security challenges. For instance, Kenya’s proximity to Somalia
which does not have a stable government has seen the country have the highest
terror threats in the EAC region in the annual Global Terrorism Index (GTI)
Table 1: Global Terrorism Index for EAC countries (2015-2018)

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

3 Rwanda 3.334 2.589 1.929 2.177 2.948


4 Tanzania 3.979 3.832 3.413 3.368 3.272
5 Burundi 3.342 5.417 5.637 5.316 5.102
Source: http://economicsandpeace.org/wp-content/uploads
0 – No terrorism threats
10- High terror threats
Emerging security threats such as terrorism, human trafficking poaching, among
others, means that Kenya’s security agencies ought to be prepared to handle
them. Further, the momentum with community policing has waned and mistrust
between police officers and citizens still exists. This study therefore reviews the
reform agenda to establish the status of implementation, identify any challenges
in the implementation process, and identify any gaps that may exist in coping
with the emerging issues and whether such reforms have adequately addressed
security challenges in Kenya.

1.1.1 Research problem

Security has been identified as enabler in Kenya's development blueprint, the


Kenya Vision 2030. This is because no investor will put their resources in an
insecure environment. Even though several legal instruments supporting police
reforms (the Constitution of Kenya 2010, the National Police Service Act of
2011, the Independent Policing Oversight Authority, the National Police Service
Commission Act, the Coroners Act 2017, Private Security Regulation Act, 2016
and Public Order Management Act, Cap 56) have been enacted, not much has
changed in the policing framework in the country in terms of making it citizen
friendly (Amnesty International, 2013). Enforcement of legislations governing
police reforms have been slow, hence impeding the progress of reforming Kenya’s
National Police Service. This then begs the question as to whether the problem lies
in the lack of political will or goodwill from officers serving in policing agencies,
hence necessitating this research. For example, despite the vetting process having
been completed and some officers removed from the service, little has changed in
terms of policing since the country continues registering cases of police misconduct
and violation of fundamental human rights of citizens. This concern led to the
identification of institutional and legal reforms that have been implemented in
Kenya, the challenges facing policing reforms in Kenya and the research has given
policy recommendations to enhance policing reforms in Kenya.

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Policing reforms to enhance security in Kenya

1.1.2 Research objectives

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.

1.1.3 Research questions

This study sought to answer the following questions:


(i) What institutional and legal reforms have been implemented in Kenya?
(ii) What are the challenges facing policing reforms in Kenya?
(iii) What are the feasible policy recommendations to enhance policing
reforms?

1.1.4 Research justification

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

will assist stakeholders in policy formulation and improving the efficiency of


policing 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.

1.2 Literature Review

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

have been perceived by citizens to be colluding with criminals, thus making


citizens refuse to volunteer information. Whereas in the National Police Service
strategic plans there is recognition of partnerships between policing agencies and
citizens in ensuring safer neighbourhoods, there is no single community policing
policy that NPS has circulated amongst its rank on how to go about partnering
with communities through community policing.
According to KNCHR (2008), there is some resistance to reforms in the policing
sector amongst the rank and file of senior officers, thus preventing the full
realization of police reforms. However, over-emphasis on reforms without paying
attention to innovative ways of crime prevention and how to address challenges
posed by crime is a challenge to police accountability and democracy in general
(Neild, 1999). This is because police gain community trust if they succeed in
fighting crime (Stodiek, 2006). Failure to provide public security undermines the
legitimacy of government and encourages anarchy (Bayley, 2001). Research by
Bayley (2001) showed that when communities partner with policing agencies by
reporting crime and conditions that lead to crime, policing work becomes easier
in public safety provision.
A community that is characterized by lack of trust between the policing agencies
and citizen decrease incentives for police reforms (Nathan, 2006). Therefore,
citizens contribute to holding police accountable by creating their own safety
priorities and helping the police to deal with them.
Other researches have shown that police reforms are political endeavours hence
political interests are fundamental for any reform initiatives within policing
agencies (Rauch and Elrena, 2006). In Kenya, majority of police officers are yet
to be sensitized on what police reforms entail and what their role in the envisaged
reforms is (Nyambura, 2012).
Table 2: Crimes by typology handled by National Police Service

Crime Typology Exposition


1 Economic crimes Banking fraud, money laundering, grand corruption,
etc
2 Transborder/international Human trafficking, poaching, drug/narcotics
crimes trafficking, terrorism, arms trafficking, money
laundering, cyber crimes
3 Gender-based violence Rape, defilement, sexual assaults, indecent acts
4 Organized crimes Criminal gangs, political thuggery
5 Traffic offences Reckless driving, road crashes, speeding, violation of
road safety rules

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The genesis of police reforms in Kenya

6 Ethnic-based violence/ Ethnic violence, cattle rustling


Resource-based violence
7 Robberies Armed robberies, muggings, car jackings, etc
8 Petty crimes and others Incest, drunkenness, nuisances, trespassing,
disorderly conduct, environmental crimes, child
neglect, assaults

Source: Compiled by author


UNHCR (2010) in its research highlighted changes in the Kenya police leadership
that came with the constitution of Kenya promulgated in August 2010. When the
new constitution came to play, the structure of the police leadership changed where
the National Police Service command was put under the Inspector General of
Police (IGP), with the formerly Administration Police Unit and regular police now
under his/her command. According to Mboroki (2013), the NPS have changed the
mode of operation. At the moment, a police officer must have reasonable evidence
before he or she can take a person into custody as per the requirements of the
new constitution. Previously the police could hold a suspect for as long as they
wanted and charge him/her without evidence against the arrested person. Ngugi
et al (2012) established that education is a positive factor in the advancement
of policing. Educated officers have better oral and written skills, are flexible and
tolerant in their interaction with citizens and register few administrative and
personnel challenges.
Ndung’u (2011) opines that the communities in Kenya do not trust policing
agencies and are therefore unwilling to cooperate with police officers due to their
perceived corrupt nature. However, she noted that communities have started
opening up and reporting cases of police misconduct to relevant police oversight
bodies. Police reforms ought to focus on challenges facing the security sector in
Kenya, and not just on laws and legislation.

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Policing reforms to enhance security in Kenya

2. Trends in Various Indicators

2.1 Legal and Regulatory Issues

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.

2.2 The Constitution of Kenya 2010

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

2.3 The National Police Service Act, 2011

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.

2.4 Independent Policing Oversight Authority Act, 2011

The Independent Policing Oversight Authority Act 2011 was operationalized in


November 2011 when the Bill was assented to by the President of Kenya. The
IPOA Act 2011 established the Independent Policing Oversight Authority whose
mandate was to provide oversight authority over the conduct of individual police
officers in their interactions with citizens during policing. IPOA is thus tasked
with monitoring and investigating any reported cases of police misconduct while
on duty. IPOA also audits actions taken by the Internal Affairs Unit of the National

11
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

Cases Number of Cases


(by June 2018)
Cases classified for investigations 5,140
Cases still at initial investigation assessment 2,874
Cases under active investigations 1,476
Cases investigated and completed 790
Cases closed after preliminary investigation 491
Cases closed after legal review 76
Cases forwarded to DPP for prosecution 105
Cases referred to EACC 11
Cases referred to NPSC 6
Cases under prosecution in court 53
Convictions 3
Total number of cases received by IPOA 10,381
Source: IPOA Board end term report 2018

12
Trends in various indicators

The existence of an Authority monitoring police actions and performance and


the public’s use of social media platforms to report misconduct may have led to
increased compliance to the rule of law and accountability by the police, though
cases of police misconduct still exist. According to the IPOA Board End of Term
report of 2018, the Authority had achieved 3 convictions since 2013, out of 790
completed investigations (Table 3). This low number of convictions could be an
indication that IPOA is overwhelmed by the cases of police misconduct that are
reported to it due to limited number of staff they have to handle all these cases and
monitor police actions in forty seven (47) counties.

2.5 The National Police Service Commission Act 2011

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

13
Policing reforms to enhance security in Kenya

stipulated in article 246 of the Kenyan constitution. .


More responsibilities for the NPSC have been clearly articulated in the National
Police Service Commission Act, 2011. The formation of the NPSC was to insulate
policing from any form of manipulation. NPSC is mandated to ensure that there
is fairness during recruitment, promotion, appointment and discipline of officers
since there is an oversight body to check on the service by policing policies,
rules, regulations and procedures developed by the Commission and in line with
international policing standards.
It should be noted that the first Commissioners and the first NPS IG were
all appointed in 2012 in a transparent process. The National Police Service
Commission (NPSC) was initially tasked with recruiting top police commanders,
and promotion and disciplining police personnel. The enactment of the Security
Laws (amendment) Act 2014 watered down the achievements that had been made
in as far insulating policing work from interference by the Executive.

2.6 National Police Service (Vetting) Regulations Bill 2011

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

Table 4: Vetting statistics

Rank Number Vetted Number Removed from


Office
S/DCP I & II 7 3
DCP 23 2
S/ACP & ACP 190 12
SSP/SP/ASP/IAU 1467 72
Traffic Officers 2640 318
Chief Inspectors 1666 38
TOTALS 5993 445

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.

2.7 Independent Command Structure of the National Police Service

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

Mandated is to recruit, appoint and determine transfers and


promote service officers within the National Police Service.
National The NPSC also has the mandate of disciplining and removing
Police from office officers within the Service. The NPSC’s Internal
Service Affairs Unit is charged with receiving, investigating and
Commission recording complaints lodged against police officers and to
promote uniform standards of discipline and good order.

It consists of the Kenya Police Service (KPS), the


Administrative Police Service (AP) and the Directorate of
Criminal Investigations (DCI). The NPS is mandated to
among others, maintain law and order, prevent and detect
National crime, apprehend offenders, enforcement of all laws and
Police regulations. The DCI is charged with criminal investigations,
collecting and providing criminal intelligence, detecting and
Service preventing crimes, maintaining criminal records among
others. NPS also consists of specializes units for special
assignments

Independent Established under the Independent Policing Oversight Act,


2011 is mandated to oversee the conduct and actions of the
Policing
police, to monitor and investigate policing operations and to
Oversight review the internal disciplinary processes.
Authority

County Policing Authority tasked with the development


of proposals for police performance, monitoring crime
County
trends and patterns in the county; providing feedback
Policing on the performance of the police service at the county
Authorities level; ensuring policing accountability to citizens; and
ensuring compliance with the national policing
standards. CPA are yet to be operationalized

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

Currently, police oversight in Kenya as envisioned in law is two-pronged. Policing


oversight is therefore first carried out internally by the Internal Affairs Unit (IAU)
and also externally by IPOA. Moreover, the NPSC which is in charge of personnel
management, ought to be continuously vetting serving officers to ensure that
no officer is involved in acts that are detrimental to the good of policing and
communities.

2.8 Personnel Issues

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.

2.9 Modernization Programme

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

17
Policing reforms to enhance security in Kenya

In the 2017/2018 budgetary provision, the following allocations were made to


enhance mobility of personnel within the country:
Table 5: Some of the 2017/2018 budgetary provisions for police
mobility

Item Amount (Ksh)


1 Leasing of police service vehicles Kshs 8.1 billion
2 Police and military modernization Kshs 24.8 billion
3 Enhanced security operation Kshs 12 billion
4 Construction and equipping of the national Kshs 0.9 billion
forensic laboratory
5 Securitizing the country’s borders3 Kshs 2 billion

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

18
Trends in various indicators

is a Government policy whose ultimate result is a more effective, efficient and


responsive police service. Under the new system, digitized OBs at police stations
will enable senior officers to monitor how cases are dealt with at station level.
Loss of vital evidence files in police registries will be a thing of the past when the
digitization is fully implemented.

19
Policing reforms to enhance security in Kenya

3. The Reform Process

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.

3.1 Before the 2007/2008 Post-Elections Period

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.

3.2 The Commission of Inquiry into the Post-Election Violence

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

21
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.

3.3 The UN Special Rapporteur

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.

3.4 The National Taskforce on Police Reforms

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.

3.5 Police Reforms Implementation Committee

The Police Reforms Implementation Committee (PRIC) 2010-2012 was tasked


with coordinating, supervising and providing technical guidance during the
implementation of policing reforms. The Committee released its report in June
2012, articulating the progress and status of all the reform programmes that it
had introduced.
While there have been political support for implementation of police reforms,
amendments to security law and policy have contributed to the watering down of
early gains. The Security Laws (Amendment) Act of 2014 re-introduced executive
control over the selection of the IGP, expanded the powers of police officers, and
limited the rights of arrested people in some circumstances.

3.6 Police Reforms Steering Committee

The Ministry of Interior and Coordination of National Government set up the


Police Reforms Steering Committee (PRSC) in 2013 to act as a compass for guiding
policing reforms in Kenya. All findings flagged out by various reports on policing
reforms were initiated, key among them being the vetting of serving policing
agencies officers to weed out rogue elements within the service.

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

Figure 2: The Mckinsey 7S model

Structure

Strategy Systems

Shared Values

Skills Style

Staff

Source: Adapted from Waterman, Peters and Phillips (1980)


There is therefore need to clearly articulate to all actors within NPS on what is
being changed and why. All policing personnel from the lower ranks to the highest
command ought to own the process and carry it as their responsibility. The 7S
conceptual framework defines what gets reformed and relationship of various
reform components in the command of the National Police Service. It should
be noted that the NPS is using this model in reforming itself. The framework
stipulates seven (7) areas of reforms, which are: structures, strategy, systems,
skills, styles, staff and shared values. The McKinsey 7s model holds that for an
organization to perform effectively, 7 elements ought to be integrated. These
seven elements take account of structure, strategy, systems, skills, style, staff and
shared values (Peters and Waterman, 1980). For the NPS reforms to bear fruits,
these seven elements ought to be effectively aligned. Its implication to the study is
that the major determinants of policing reforms in Kenya are the structure within
the NPS and not necessary the capital or infrastructure. Thus, it has been used as
a framework in ensuring effective implementation practices.
McKinsey 7s model was introduced by Waterman and Peters in the 1980s and
has hereafter been used for strategy implementation practices. The McKinsey
7s model holds that for an organization to 38
perform effectively, 7 elements ought
to be integrated. These seven elements take account of structure, strategy,
systems, skills, style, staff and shared values (Peters and Waterman, 1982).

25
Policing reforms to enhance security in Kenya

For the organizational objectives to be attained, these seven elements ought to


be effectively aligned. Human resources are, however, given more emphasis to
contribute more on effectiveness of strategies as compared to the traditional mass
production tangibles of capital, infrastructure and equipment (Modahl, 2000).
McKinssey 7s model postulates that for effective implementation of strategies, the
seven basic elements should be put in outmost consideration.

26
5. Institutional Reforms

When the constitution was promulgated in August 2010, it compelled Parliament


to enact new laws that would facilitate the formation of new institutions to oversee
the NPS. As a result, the following institutions were created. They are NPSC, NPS,
Office of the Inspector General and his two deputies, IPOA, and IAU. Some of
them are anchored in the Constitution while others came about as a result of
various legislations enacted by Parliament.

5.1 National Police Service

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

14. Kenya Police Service Headquarters


The Administration Police service has the 12 formations and units5:
1. Administration Police Service Specialized Unit (APSSU)
2. Rapid Deployment Unit (RDU)
3. Rural Border Patrol Unit (RBPU)
4. Specialized Stock Theft Prevention Unit (APSSTPU)
5. Administration Police Peace Corps Unit
6. Critical Infrastructure Protection Unit (CIPU)
7. Security of Government Buildings Unit (SGB)
8. Very Important Person Protection Unit (VIPPU)
9. Administration Police Training College (APTC)
10. Administration Police Service Air Support Unit
11. Administration Police Senior Staff College (APSSC)
12. Administration Police Service Headquarters
The Directorate of Criminal Investigation (DCI) is comprised of the following
formations, units6:
1. Criminal Intelligence Bureau
2. National Criminal Investigation Academy
3. Anti-Terrorism Investigations Unit
4. National Central Bureau (Interpol)
5. Forensics Unit
6. Anti-narcotics
7. Investigations Bureau
8. Banking Fraud Investigation Unit (BFIU)
9. Criminal Records Office (CRO)
10. Kenya Airports Criminal Investigation (KACI)
5 Chapter 3, sub-section 7(1) of the Service Standing Orders.
6 Chapter 4, sub-section 7(1) of the service standing orders.

28
Institutional reforms

11. Directorate Criminal Investigation Headquarters


12. Kenya Railways Criminal Investigation (KRCI)
13. Special Crime Unit
14. Economics and Commercial Crime Unit
15. Serious Crime Unit
It should be noted that traditionally, the training and role of the Administration
Police Service and Kenya Police Service have been different, making their merger
difficult to operationalize ahead of harmonizing their training curriculum. As seen
in Table 6, the roles of Administration Police Service and Kenya Police Service
have been different.
Table 6: Traditional roles of Kenya Police Service and Administration
Police Service

Kenya Police Service Administration Police Service


Maintenance of law, order and civility Maintain law and order
Protect life and property Preserve peace within communities
Detect and prevent crimes and collect Ensure lives and property of communities
criminal intelligence protected
Resolve crimes Deal with law breakers/violators
Apprehend offenders Border control and security
Enforcement of laws, regulations and Protection of important government
other legal rules buildings
Provide services to prevent stock theft Complement other government agencies
in ensuring there is law and order in
communities
Help in prosecuting offenders Complement/supplement other
government agencies/institutions in
resolving conflicts and public service
delivery
Source: Compiled by author

5.2 Office of the Inspector General of Police

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

on matters concerning internal security. The former office of Commissioner of


Police was now renamed Inspector General of Police.

5.3 Internal Affairs Unit (IAU)

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:

6.1 Service Standing Orders

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.

6.2 Community Policing Strategy

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.

A sample of Community Policing Principles


•Policing is a trust-building mechanism
•Police officers are part and parcel of the community they work in and not strangers
•The police and communities work together as partners in flagging out the needs of the community
•Policing agencies, state actors and non-state actors work together as partners
•Policing tailored to meet the needs of the community and not for political expediency

6.3 Logistical Reforms and Police Mobility

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

available to the NPS


• The Government leased over 1,250 motor vehicles or the NPS between 2009
and 2016
• 60 motor vehicles were rehabilitated between 2009 and 2014
• 200 motorcycles were purchased between 2009 and 2015
• A system for quality and suitability assessment of vehicle consignment at
source before procurement has been operationalized
• Over 5 speed boats have been bought for use by the NPS personnel
• A maritime school has been established in Lamu
• The US Government had by the time of this study donated 4 speed boats
Some notable achievements include the provision of more vehicles for NPS
personnel and the construction of more housing units in some police stations for
serving officers (National Police Service, 2015).
The provision of more vehicles has reduced the time taken for police officers to
respond to reports and scenes of crime. Their mobility has increased physical
police presence. However, the Maritime Police Unit is still understaffed and does
not have all the basic equipment for their work.

6.4 Group Life Insurance Cover

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.

6.5 Increased Budgetary Allocations

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

Table 7: Development and recurrent allocation for NPS


Finan 2012/ 2013/ 2014/ 2015/2016 2016/2017 2017/2018
cial Year 2013 2014 2015

Rec. Dev. Rec. Dev. Rec. Dev. Rec. Dev. Rec. Dev. Rec. Dev.

Ksh billions Ksh billions

IG Office - - 12.061 0.589 9.733 1.842 Policing 68.7 9.5 72.2 10.3 76.3 8.4
services

APS 16.633 0.878 19.154 0.229 20.750 0.09

DCI 2.943 0.631 4.281 0.403 3.071 0.572

NPSC 0.293 - O.331 - 0.278 - 0.5 - 0.4 - 0.4 -

IPOA 0.246 - 0254 - 0.270 - O.4 - 0.4 - 0.6 -

Totals 20.115 1.509 36.081 1.221 34.102 2.504 - 0.4 - 0.6 -

Source: National Treasury; Others


Recurrent expenditure allocations for operations of the offices of IG, Kenya Police
Service, Administration Police Service, Directorate of Criminal Investigations,
National Police Service Commission and Independent Police Oversight Authority
have increased from Ksh 20.115 billion in the 2012/2013 financial year to 77.1
billion in the 2017/2018 financial year. This increase is aimed at modernizing the
policing sector, which had over the years been underfunded. This increase is also
partly due to the increased number of police recruits every financial year and also
to enable the service deal with the ever-changing nature of crime.
Table 8 shows some of the police reforms that have been implemented and those
pending:

Table 8: Select reforms that have been implemented and those pending

Implemented Reforms Pending Reforms


Office of Inspector General instituted NPS yet to determine the exact number of
personnel required for policing in Kenya
New training curriculum has been No policy developed on gender, ethnic and
developed regional balancing
Draft Community policing policy has Cabinet Secretary yet to provide policy
been developed framework on promotion of human rights by
the NPS, especially NPS premises such as cells
and service stations
Hire of police for private functions Modern forensic laboratory not yet
institutionalized constructed
Vetting of police officers completed One single policing kit for both APS and KPS
not implemented

34
Policy reforms

IPOA already in place to provide Police service associations yet to be formed


oversight roles
National Coroners Act 2017 passed by The National Coroners Act passed but
Parliament Coroners office yet to be established
Source: Compiled by author

35
Policing reforms to enhance security in Kenya

7. Emerging Policy Issues

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

Rank Sector 2017 2014


1 Police 83.3 68.0
2 Judiciary 44.0 46.7
3 Land Services 41.7 55.0
4 Civil Registration 24.5 -
5 Education Institutions 24.5 14.4
Source: https://tikenya.org/wp-content/uploads/2017/09/East-African-
Bribery-Index-EABI-2017-1-1.pdf
In the East African Bribery Index 2017, the NPS was ranked among the most
corrupt public institutions with a score of 83 per cent. The Judiciary and Land
Services had scores of 44 per cent and 41.7 per cent, respectively. The police had
an increase of 15.3 per cent while the Judiciary and Land Services shared 2.7 per
cent and 13.3 per cent, respectively.
Another survey conducted by the EACC established that police stations were
among the top three government institutions where bribery is prevalent (Table
10).
Table 10: Government institutions where bribery is prevalent (2018)

Institution Prevalence of Corruption (%)


1 Registrar of Persons 19.9
2 Dispensary/Public Hospitals 19.7
3 Regular Police/Police Stations 17.2
4 Chiefs office/Village Elder 16.0
5 Ministry of Lands 6.3
6 County Government Offices 4.7
Source: EACC (2018)
The Registrar of persons had a corruption prevalence rate of 19.9 per cent, public
hospitals 19.7 per cent, police stations 17.2 percent whereas chiefs offices had 16.0
per cent. Police corruption is a serious security challenge in Kenya. Crime thrives
in an environment where corruption is profound because criminal networks know
that they can bribe their way to avoid apprehension by law enforcement agencies.
The police vetting process ought to have addressed the root causes of corruption
within the NPS.

37
Policing reforms to enhance security in Kenya

7.2 Inadequate Capacity Building and Infrastructure

The Government has increased resource allocations to the NPS in terms of


more patrol vehicles to ensure that their response to crime and other threats
to security are swift and effective. However, more needs to be done in terms of
capacity building and infrastructure. For example, this study established that the
NPS does not have enough competent personnel to tackle cyber-related crimes.
Similarly, the Directorate of Criminal Investigations does not have a modern
forensic laboratory to gather sophisticated evidence such as DNA (and develop a
DNA database) and other technical information that may help them tackle crime
and criminal networks. The construction of a modern forensic laboratories for the
DCI is one of the channels the NPSC and the Ministry of Interior and National
Coordination needs to give serious consideration; this being a project that has
previously been initiated but never fully realized. Also, some police stations have
dilapidated facilities that are not fit to be used as holding centres for suspects.
Most police stations have cells that lack basic amenities such as toilets and hygiene
facilities. The Philip Ransley taskforce recommendations put a lot of emphasis
on the need to improve policing infrastructure and work environment to make
service provision humane.
7.3 Continued Police Impunity
Even though the IPOA and IAU have been set up to provide oversight over the
conduct of police officers during their work, more still needs to be done especially in
ensuring that officers who continue to operate with impunity are apprehended and
prosecuted. For instance, traffic police officers still collect bribes from motorists
on almost all major urban areas and highways8. Also, cases of police officers
colluding with criminals to commit crimes have not been seriously addressed by
the NPSC and IPOA. There have been cases reported of police brutality against
citizens. For instance, during the anti-IEBC protests in between April to June
2016, an IPOA report established that police officers used excessive force against
demonstrators. Several demonstrators, children and innocent bystanders were
shot and injured by stray police bullets. The case of a young boy aged 6, who was
shot in the back while playing in their house in Kasule, Manyatta estate in Kisumu
County is one in point9. When police outlaw public demonstrations without any
legal backing, then they are in violation of Articles 36 and 37 of the Constitution
on freedom of association and of assembly, a right to demonstrate and picket. The
Constitution of Kenya guarantees the right to peaceful assembly and picketing

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.

7.4 Single Uniform Policing Kit/Gear

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

been unveiled in 2018. Officers of the Directorate of Criminal Investigations have


no uniform and wear civilian clothing. The IGP office has three service flags and
indication of three policing agencies each with its own clear identity. This makes it
hard even for personnel from the three units to work together cohesively in service
provision.

7.5 Poor Housing Conditions

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.

7.6 Trust and Community Participation

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.

7.7 Use of Technology in Policing

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.

7.8 Unclear Recruitment Process

It is common knowledge that police recruitments are majorly based on the


physical fitness of the recruits. Whereas it is important that potential recruits be
physically fit, this criterion fails to mention the intellectual acumen and mental
capacity of the recruits. This in the long run hampers the capacity of the NPS
to carry out programmes such as community policing, which requires more than
physical fitness and are key towards crime prevention. Police recruitment in Kenya
remains shrouded in mystery with claims of malpractices during recruitment
where intellectual competencies of the recruits is given a back seat.
The NPSC (Recruitment and Appointment) Regulations, 2015 are not clear on the
required competencies of candidates seeking employment as police constables.
Article 9 of the Act stipulates the following as the minimum qualifications for
potential recruits:
• Proof of citizenship;
• Hold a Kenya National Identity Card;
• Academic qualifications to be determined by the NPSC from time to time
during recruitment;

42
Emerging policy issues

• Potential recruits be aged between 18 and 28 years old;


• Physical and medical fitness;
• Potential recruit with no criminal record.
The NPSC also highlights the need for inclusion in the recruitment and also
accommodating marginalized communities during the recruitment. The National
Police Service’s inability to attract and secure competent personnel is therefore
attributed to the influence of external interference from other actors outside the
service.
Previous recruitments of police officers are alleged to be marked with incidences
of widespread corruption and other malpractices. This is where the challenges
affecting police service delivery begin, since there is no merit in the recruitment.
It should be noted that in 2014, IPOA successfully petitioned to have the police
recruitment cancelled for being marred with irregularities. The history of policing
in Kenya has been flaunt with glaring tribalism, nepotism, favouritism and lack
of accountability and transparency in recruitment, transfers and promotions
within the NPS. The cancelled recruitment process was riddled with serious cases
of malpractices, including corruption and discrimination, recruitment being
undertaken in non-gazetted centres and unwarranted extension of recruitment
time.

7.8.1 Involvement of some police officers in crime

There have been numerous incidences of police of getting involved in criminal


activities. Between January 2019 and October 2019, there were 625 reported
incidences of police involvement in criminal activities. Reported cases range from
extortion, murder, robberies, defilement and drug trafficking.
In 2018, IAU received 950 complaints from the public over cases of police
misconduct. Out of these, 130 complaints were fully resolved by the end of that
year. In the 2018 IAU annual report, 32 serving police personnel were found to
have engaged in misconduct and sanctioned. In the same report, 488 cases of
police crime were reported. The officers are all from major units of the service,
including the Administration Police, the Kenya Police Service and the Directorate
of Criminal Investigations. The offences committed by rogue officers included
soliciting bribes as low as Ksh 50 at roadblocks, hiring out police equipment
to thugs and colluding with criminals in car jackings, muggings, robbery with
violence, kidnapping and drug trafficking.
The Endline Household-Level Survey by IPOA indicates that incidents of police

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.

7.8.2 Lack of counselling services for officers

Policing stakeholders such as the Ombudsman, Probation and After-Care


Services, NPSC, NCRC, IAU and Anti-Corruption Steering Committee have
highlighted lack of psychosocial support for the police officers, which negatively
affects their performance. Besides the low salaries and poor housing, the police
officers go through stressful and traumatic experiences in their line of duty and if
not supported appropriately, they can easily break down mentally. The NPSC has
rolled out plans for counselling programmes to serving officers to check the tide
posed by the increasing number of officers who commit suicide.
According to Moad (2011), policing work is a very stressful profession due to the
nature of the work officers handle.
There have been various incidents of utmost significance that reflect the need
for psychological intervention in the Kenyan police service. Media reports have
regularly recorded and reported heart-rending incidents such as a police officer
shooting another or others, and at times taking their lives (Odula, 2016).

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.

7.8.3 Weak partnership between IPOA and policing agencies

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.

7.8.4 Policing of protests and public assemblies

Peaceful public demonstrations are a right in Kenya, under Article 24 of the


Constitution. Under the Public Order Act, a public gathering can be stopped if
police have evidence that the assembly is a threat to peace. In the contested 2017
presidential election, the Kenyan police came under criticism over their use of
excessive force in responding to protests in the opposition strongholds of the
Nyanza region, and specifically Kisumu, Siaya, Homa Bay, Kisii and in Mathare
and Kibera in Nairobi. In 2007, when disputed elections led to widespread violence
across the country, the official Commission of Inquiry into Post-Election Violence
(CIPEV) concluded that while there were cases of heroic action by the police, the
response to the management of public demonstrations and crowd control was
brutal and endangered the lives of citizens in most cases through unnecessary use
of brute force.
Restraining police use of force as anticipated under the Constitution and various
pieces of legislation has, however, not been as effective or successful. Some police
officers see the use of brutal force as the only available way of dealing with protests.
Most of these officers who handle protests and violence rarely undergo refresher
courses on management of public order and policing of crowds.
NPS officers should strive to establish dialogue with the organizers regarding safety
or security measures, and to create mutual understanding and reduce possible
tension between protesters and policing agencies. Use of tact and patience, while
consistently and evenly applying the rules, are the most important elements of
dealing with the public to facilitate peaceful protest and prevent violence and loss
of lives14.

14 Chapter 51 (11) of Police Service Standing Orders.

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.

8.2 Policy Recommendations

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

gathering on public demonstrators to single out criminal elements within the


demonstrators, as opposed to using live ammunitions on peaceful demonstrators.
The NPSC and NPS should strengthen their counselling services to
police officers to minimize cases of officers breaking down due to
mental health given the nature of their work. NPSC should start recruiting
police counsellors during their annual police recruitment exercise. Such recruits
then undergo mandatory police training before being deployed in every sub-
county to handle cases of mental health within the service.
The IGP and Officers-in-charge of Police Stations need to be given
Authority to Incur Expenditure. This will ensure that the officers keep the
stations in good hospitable conditions, and matching international standards.
There is need to have a public relations strategy to endear the police
services to the public at large, who only look at policing in terms of
arrests and prosecutions. This will be a major step towards boosting the
morale of the police officers who in return feel appreciated by the society.
Recruitment of police officers in Kenya should not lay too much
emphasis on the physical fitness of the recruits; rather it should
focus on other criterion that would enable the recruits to adapt to
the changing nature of policing. Physical fitness should be the last item in
the recruitment process. Endurance and physical agility can be trained over time,
but integrity and reasoning can hardly be taught during the police training period,
which lasts for a couple of months. NPSC and NPS should formulate modern and
effective recruitment policies, which could be used to govern the entire exercise.
The Inspector General of Police through the formation Commanders
should sanction officers who operate outside the law and engage in
acts that are detrimental to policing. The National Police Service officers
ought to change their negative perceptions, conduct and attitude towards those
planning and partaking in demonstrations and picketing. National Police Service
officers should work with communities holding demonstrations to ensure
adequate security arrangements.
NPSC should adhere to Regulations 11-15 of the Legal Notice on police
recruitment, which prescribe a two-tier recruitment process to
ensure that individuals with utmost qualifications are recruited into
policing agencies.
NPSC, IGP, IPOA and other non-State actors should jointly
work and develop a national policing policy. This was one of the
recommendations of the National Task Force on Policing Reforms,

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
References

African Policing Civilian Oversight Forum (2008), An audit of police oversight in


Africa. Cape Town: African Minds.
Africa Union (2013), Policy framework on security sector reform. Addis Ababa:
Africa Union Commission.
Amnesty International (2013), Police reform in Kenya: A drop in the ocean.
London: Amnesty International Press.
Anthony Clayton and David Killingray (1989), Khaki and blue: Military and
police in British colonial Africa. Athens, Ohio: Ohio University Press.
Bayley D. and Perito R. (2011), Police corruption what past scandals teach about
current challenges. http://www.usip.org/sites/default/files/resources.
Bayley, D. H. (2001), Democratizing police abroad: What to do and how to do it.
Washington DC: National Institute of Justice.
Casey, J. (2009), Policing the world: Theory and practice of international
policing. Durham: NC Carolina Academic Press.
CHRI (2005), The police, the people, the politics: Police accountability in Kenya.
New Delhi: CHRI
Commonwealth Human Rights Initiative and the Kenya Human Rights
Commission (2006), The police, the people, the politics: Police accountability
in Kenya. New Delhi.
Chan, J. (1996), "Changing police culture". British Journal of Criminology, Vol.
36: 109-34.
EACC (2018), National ethics and corruption survey, 2018. Ethics and Anti-
Corruption Commission - EACC Research Report No. 9 of May 2019.
Ghai, Y.P. (2002), Constitution of Kenya Review Commission. The constitution
and the economy. Nairobi: Kenya: Institute of Economic Affairs.
Government of Kenya (2010), Constitution of Kenya. Accessed online from http://
kenyalaw.org/kl/index.php?id=398 on 25th January 2017.
Government of Kenya (2008), Report of the Commission of Inquiry into Post-
Election Violence. Nairobi: Government Printers.
Government of Kenya (2009), Report of the National Taskforce on Police Reforms,
Nairobi: Government Printers.

51
Policing reforms to enhance security in Kenya

Ikerd T. and Walker S. (2010), Making police reforms endure: The keys for success.
http://www.cops.usdoj.gov/Publications/e04106264_policereforms_fin.
pdf.
Jonyo, F. and Buchere P. (2011), The changing nature of security and intelligence
in Africa. Nairobi: Azinger Limited
Kariuki, J. (2012), Police officers killed in Baragoi hits 42’, http://karizmwangi.
wordpress.com/2012/11/12/police-officers-killed-in-baragoi-hits-42,
downloaded on 10th June, 2018.
Kenya National Commission on Human Rights (2008), On the brink of precipice:
A human rights account of Kenya's post-2007 election violence. Nairobi:
KNCHR.
Kenya Police Service Strategic plan 2003-2007 @ (HumanRightsInitiative.org).
Accessed May 2018.
Kenya National Dialogue and Reconciliation Act, 2008.
Kivoi, D.L. and Mbae, C.G. (2013), "The Achilles’ heel of police reforms in Kenya".
Social Sciences, Vol. 2, No. 6: 189-194.
Kristonis, A. (2005), "Comparison of change theories". International Journal of
Scholarly Academic Intellectual Diversity. Vol. 8, No.1.
Independent Policing Oversight Authority Act, 2011 Laws of Kenya, Nairobi:
Government Printer.
Kiraithe E. (2011), Common policing standards, Unpublished.
Maslow, A.H. (1982), Personnel human resource management, “Motivation”,
Bengrad. West Publishing Company, St Paul.
Mboroki, Z. (2013), Factors influencing service delivery by Kenya Police Service: A
case of Nairobi County, Kenya (MBA Research Project). University of Nairobi,
Kenya.
Moad, C. (2011), Critical incidents: Responding to police officer trauma. Criminal
Justice Institute.
Monjardet, O. (2000), "Public and the police". European Journal on Criminal
Research.
Nathan, P. and Wiatrowski, M. (2006), Democratic policing in transitioning and
developing countries. Hampshire, England: Ashgate Publishing.

52
References

Odula, T. (2016), Police officer ‘goes berserk’ in Kenya, kills 7 colleagues. Associated
Press. Retrieved from https://www.thestar.com/news/world/2016/07/14/
four-killed-as-suspected-extremist-opens-fire-at-kenyan-police-station.
html,
Ojienda, S. (2013), Reform of Kenya Police force: An assessment of the efficacy
of the legal framework in delivering the much needed police reforms. M.A
project, University of Nairobi University.
Ondoro N. (2015), The police reform process in Kenya,2008 to 2014: A case study
of security sector reform in societies emerging from crisis. A PhD Thesis,
University of Bradford, UK.
Osborne G . Allan (2010), Education Law Association 980-90.
Otwin, M. (2006), "Implementing police reforms: The role of the transnational
policy elite”. In, Andrew Goldsmith and James Scheptycki (eds.), Crafting
global policing. Portland, OR/Oxford, UK: Hart Publishing.
Peters, T.J. and Waterman, R.H. (1982), In search of excellence. New York:
Harper and Row.
Police Reforms Implementation Committee (2011), Police reform programme
2011-2013: Transforming the police into an effective, efficient and trusted
security agency for Kenyans. Nairobi: Police Reforms Implementation
Committee.
Rainer, S. (1996), Public performance management. Oxford: Oxford publishers.
Ransley, P. (2009), Report of the National Task Force on Police Reforms. Nairobi:
Government Printer.
Rauch J. (2000), Police reforms and South Africa’s transition. Paper presented
at South African Institute for International Affairs conference. http://www.
kms1.isn.ethz.ch/serviceengine/files/policebeformandsouth.pdf.
Reforms Forum (2014), Progress report on usalama implementation of police
reforms, impact of new police laws and public perception of police reforms.
Nairobi: Usalama Reforms Forum.
Republic of Kenya (2008), Report of the Commission of Inquiry into Post-Election
Violence, Nairobi, ix,http://www.kenyalaw.org/Downloads/Reports/
Commission_of_Inquiry_into_Post_Election_Violence.pdf (accessed 07/11/
2017).
Republic of Kenya (2008), Report of the Commission of Inquiry into Post-Election
Violence. Nairobi: Government Printer.

53
Policing reforms to enhance security in Kenya

National Police Service Act, 2011 Laws of Kenya. Nairobi: Government Printer.
National Police Service Commission Act, 2011 Laws of Kenya, Government
Printers and Press.
National Police Service (2009), Report of the National Task Force on Police
Reforms. Nairobi: Government Printer.
National Police Service (2015), Revised police reforms programme document
2015-2018. Nairobi: Government Printer.
National Police Service (2016), Review of National Police Service curriculum.
Draft Report on Training Need Assessment, March, 2016.
National Police Service (2016), Roadmap to transformation: Reforms
Handbook. Nairobi: National Police Publications.
National Police Service Commission Act (SI No. 30 of 2011). Nairobi:
Government Printer.
National Police Service (2016), National Police Service report of the court of
inquiry No.1/2016 into the causes of shootings by police officers targeting
their colleagues. Nairobi: NPS Repository.
Ndung’u, I. (2011), Police reforms in Kenya crucial to restore public confidence.
Retrieved from http://www.issafrica.org/iss-today/police-reforms-in-
kenyacrucial-to-restore-public-confidence.
Neild, R. (1999), From national security to citizen security. Montreal, Canada:
International Center for Human Rights and Democratic Development.
Njuguna N., Michuki, G. and Wanjiru, R. (2013), Police reforms in Kenya:
Perception and expectations of key stakeholders. IPAR Discussion Paper
No.116/2013, Nairobi: Institute of Policy Analysis and Research.
Ngugi Rose and Nyang’oro Owen (2014), Security secures investment. KESSA
Conference Proceedings.
Ngugi, J.K., Ngugi, P.K., Were, M.S and Titany, L. (2012), The factors influencing
service delivery in the National Police Service: A case of the Kenya police
in Nairobi County. MA thesis, Jomo Kenyatta University of Science and
Agriculture, Kenya.
Nyambura, M. (2012), An appraisal of police reform under the new legal
framework in Kenya: Towards an effective policing policy. Unpublished
LLM thesis, University of Nairobi: Kenya.

54
References

Republic of Kenya Report of the National Task Force on Police Reforms.


Rutere, M. and Marie-Emmanuelle, P. (2003), Democratizing security or
decentralizing repression? The ambiguities of community policing in Kenya”.
African Affairs, Vol. 102: 587-604.
Stodiek, T. (2006), The OSCE and the creation of multi-ethnic police forces in the
Balkans. Hamburg: CORE.
Ullman, D. (2000), Kurt Lewin: His impact on American psychology, at http://
www.sonoma.edu/psychology/os2db/history3.html.
Usalama Reforms Forum (2014), Report on crime management, serious and
organized crime, intelligence and implications for community safety. Nairobi:
Usalama Reforms Forum.
United Nation Office on Drugs and Crime (2011), Handbook on police
accountability, oversight and integrity. Criminal Justice Handbook Series.
New York: United Nation Publications.
UNHCHR (2010), Kenya: The police service, including chain of command, officer
ranks, badge identification, police headquarters and stations. Retrieved on
2019-12-17.
Walker, S. (2001), Police accountability: The role of citizen oversight. Belmant
Wadsworth.
Warentho O. Tobias (2004), Organizational behavior. Institute of Open Learning
Kenyatta University.
Waki, P. (2008), Commission of Inquiry into the Post-Election Violence (CIPEV).
Nairobi, Kenya.
Wambugu, D. (2016), "Assessment of factors influencing sustainability of
government-leased housing projects for administration police service in
Kenya". International Journal of Economics, Commerce and Management.
Wambui, K. (2009), An introduction to the institutional reform agenda: Proposal
for police reform in the justice, law and order sector. Gender forum held at
Nairobi Safari Club Hotel: Heinrich Boll Stiftung, East and Horn of Africa.
Wango, G. M. (2015), Counselling psychology in Kenya: A contemporary review
of the developing world. Nairobi: Kenya Literature Bureau.
World Bank (2009), Kenya economic development, police oversight and
accountability. Linkages and reform issues. Public sector reform and capacity
building unit in Africa, Nairobi: World Bank.

55
Policing reforms to enhance security in Kenya

Annex

Annex 1: Summary of some of the national taskforce on police reforms

Policy Issue Recommendations Requirement


Prerequisites for The government should play a role in giving hope Policy. Continuous
reform both to the public and members of the Kenya
Police and the Administration Police, that things
are going to improve and that better community/
police relations are essential for enhanced safety and
security for every Kenyan
Restructuring A merger of the Administration Police with the Being implemented
the Kenya Police Kenya Police Service should not be undertaken at
Services this stage. However, in carrying out their duties
the two services must observe the principle of
complementality to maximize effectiveness
There should be one Police Reform Bill that should Legal. Already done.
provide for the two Police Services National Police Service
Act 2011
The proposed Police Reform Bill should include Ongoing
explicit provisions applicable to both police
services requiring them to conduct themselves in a
professional, non-partisan, and politically neutral
manner
The Inspector General and the Commandant Done. continuous
General should be appointed by the President on the
recommendation of the Police Service Commission
after a transparent and competitive recruitment
process. The Task Force regards the safety and
security of Kenyans as a primary responsibility of
the Executive branch of Government and should
therefore be responsible for the appointments
The Inspector General and Commandant General Implemented
will serve on a one five (5) year contract
The Service (formerly Force) Standing Orders Policy. Implemented
for both police services should be developed and
reviewed from time to time by the National Policing
Council in consultation with the Police Service
Commission
Police Service Establishment of a Police Service Commission under Legal. Already Done.
Commission the Constitution and legislation the National Police
Service Commission
Act 2011
In the performance of its functions, the Commission Continuous
should not be subject to the direction, control or
supervision of any other authority or person except
as is prescribed in the Police Service Commission Act
To enhance accountability and transparency, the Continuous
Police Service Commission should submit an Annual
Report to the Executive and Legislature

56
Annex

Implementation requiring an immediate amendment Legal. Done the


of the Constitution to create the Police Service National Police Service
Commission Commission Act 2011
National Policing Establishment of the National Police Council Pending
Council
Sets out the composition of the council Pending
The Public Service Commission and not the Police Pending
Service Commission should be responsible for the
recruitment of the independent civilian members
Set up functions of the council to include review, Pending
rationalize and coordinate the budgeting and
National Policing Plans; set and enforce unified
policing standards across the country; determine
and advise Police Service Commission on
human resource management and development
requirements among other functions
Association Establishment of an Association of Police Pending
of Police Commissioners
Commissioners
The Association should be chaired by any of the Pending
Commissioners on an annual and rotational basis
through an internal selection process
Sets out functions of the Association of Police Pending
Commissioner to include emerging policing trends,
policing strategies among other functions
Provincial Policing Establishment of Provincial Policing Authorities Pending
Authorities (PPAs)
The Provincial Policing Authorities should consist of Pending
9 civilian members of good standing, representing
business sector, civil society, professional bodies,
and religious organizations, a third of who must be
women
The members should have been ordinarily resident Pending
in the Province for a period of not less than three
years, or have for such a period been employed or
owned immovable property in the Province
Members should have no criminal record Pending
The members of the Authorities should be appointed Pending
by the Minister in charge of the police services, from
candidates nominated by the respective professional
bodies, in consultation with the Police Service
Commission
Members shall serve for a single term of three (3) Pending
years
The functions and responsibilities of the PPAs should Pending
include monitoring trends and patterns of crime in
the provinces; ensuring policing accountability to
the public; and ensuring compliance with national
policing standards

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

58
Annex

The Inspector General may form a police unit based Continuous


on a security needs assessment upon consultation
with the National Policing Council
Inspector General The President on the recommendation of the Police Done. Continuous
of the Kenya Police Service Commission should appoint the Inspector
Service General and the Deputy Inspector General after a
competitive recruitment process. He/she should
hold office for one term of five (5) years
Functions of the Inspector General should include: Policy. Implemented
Overall Commander of the Kenya Police Service;
Policing policy guidance and direction; Member
of the National Police Council; Monitoring and
evaluation; Audit, supervision and inspection;
Research and development; Provision of internal
oversight (Internal Affairs); Benchmarking against
best practices
New ranking The following ranking structure should be adopted: Policy. Implemented
structure for the Inspector General, Deputy Inspector General
Kenya Police (one post), Assistant Inspector General, Police
Service Commissioner, Assistant Commissioner of Police,
Senior Superintendent of Police, Superintendent
of Police, Chief Inspector, Inspector, Sergeant,
Corporal and Constable
Directorate A Directorate of Criminal Investigations should be Legal and policy.
of Criminal established which should be headed by a Director Implemented
Investigations whose rank will be that of an Assistant Inspector
(DCI) General of Police
National Police The DCI should, among others, have the following Policy. Implemented
Service Act 2011 functions: Provide criminal intelligence; undertake
investigations on serious crimes including homicide,
narcotics trafficking, human trafficking, money
laundering, terrorism, economic crimes, piracy,
organized crime, cyber crime, forensic science.
Maintenance of law and order and detection and
prevention of crime
General Service The GSU should be a paramilitary unit which is Policy. Implemented
Unit(GSU) equipped by, and a mobile formation/branch of, the
Kenya Police Service
The Unit should be headed by a Commandant whose Policy. Implemented
rank should be equivalent to that of an Assistant
Inspector General

59
Policing reforms to enhance security in Kenya

The functions of the General Service Unit should Policy. Implemented


be: Manage and deal with special operations and
internal civil disorder; provide security to the
President, Prime Minister, the Vice President and
other Very Important Persons (VIPs); Security of
State Houses and State Lodges; Anti-terrorism
operations; Counter insurgency operations; Escort
of:(Currencies, Arms and ammunition, Dangerous
prisoners, Explosive devices), Complement other
Government agencies in disaster management
efforts
General duty police The General Duty Police should comprise the Being implemented
Provincial Police Commissioners (PPCs), District
Commanders, Station Commanders, Post and Patrol
Base Commanders and should have, amongst others,
the following functions: Detection and prevention of
crime; Maintenance of law and order; preservation of
peace; protection of life and property; apprehension
of offenders; and all other policing duties, functions,
powers and privileges
Police officers An audit should be undertaken to establish the levels Policy. Being
undertaking of training and competence of police prosecutors implemented
prosecution duties
Those found to be sufficiently qualified should be Policy. Being
seconded to the Office of the Attorney General implemented
Adequate budgetary allocations should be provided Policy. Being
to enable immediate recruitment of professional implemented
prosecutors
Police prosecutors should be phased out within the Policy. Being
next five years implemented
Traffic Department A modern traffic management system should be Pending
established, complete with micro computer accident
analysis package for the management of traffic
accident data
The traffic management system and the automated Ongoing
number plate recognition system should be
computerized and integrated. Due to the cost factor,
this should only be considered in the longer term
All police officers working in the Traffic Department Policy. Implemented
who have no training in traffic management and
operations should immediately be removed and
replaced by officers with relevant training in traffic
management and operations
The department should be reorganized so that there Policy. Being
is a clear demarcation of functions to streamline implemented
accountability all the way from police station level up
to the Traffic Commandant
Roadblocks should be laid for a particular policing Policy. Implemented
purpose and removed once that purpose is achieved
The relevant sections of the Traffic Act (Cap 403 of Ongoing
the Laws of Kenya) should be amended to prescribe
deterrent penalties for drivers who flout traffic laws

60
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

61
Policing reforms to enhance security in Kenya

The highest rank at the provincial level should Policy. Ongoing


be Commandant of the Administration Police
Service while at District level it should be a Senior
Superintendent of Administration Police Service
Commandants of the Administration Police Policy. Implemented
Service will head the specialized units within the
Administration Police Service
The Administration Police Service should be under Ongoing
general control and supervision of the Provincial
Administration but will be operationally and
financially independent
A provision should be introduced into the Policy. Ongoing
Administration Police legislation providing that the
police shall be impartial and objective in all manners
and in particulars in all political matters and shall
not accord different treatment to different persons
on the basis of their political opinions. Political
misuse of the police service will be criminalized
Among the functions of the Administration Police Policy. Ongoing
Service should be the following: Support civil
authority in enforcement of administrative functions
and exercise of lawful duties; Provide border
security; Security of government buildings, vital
installations and strategic points; Anti-stock theft
duties; VIP protection service as shall be determined
by the National Policing Council; Compliment
Administrative Officers in conflict management and
peace building
The President, on the advice of the Police Service Policy. Continuous.
Commission, should appoint the Commandant
General after a competitive process. The
Commandant General should serve for one five-year
term
Among the functions of the Commandant General Policy. Continuous.
should be the following: Operational commander of
the Administration Police Service; Policing policy
guidance and direction; Budgeting, planning and
provision of logistical support; Monitoring and
evaluation; Audit, supervision and inspection;
Research and development; Providing internal
oversight (internal affairs unit); Benchmarking
against best practices and Member of the National
Policing Council
Anti-Stock Theft The Task Force recommends the retention of the Policy. Implemented
Unit Anti-Stock Theft Unit as a dedicated unit for anti-
stock theft operations
Since the Task Force has recommended that the Policy. Implemented
Administration Police should be responsible for
maintenance of law and order in the rural areas of
Kenya and the patrolling of Kenya’s boundaries. The
Task Force further recommends that the Anti-Stock
Theft Unit should be constituted as a Unit of the
Administration Police

62
Annex

The Anti-Stock Theft Unit should be deployed Policy. Implemented


exclusively in parts of Kenya that are prone to high
levels of cattle-rustling. The Unit should not be used
for ordinary police duties as appears to be the case
presently
The crowd control duties and the horse-breeding and Policy. Implemented
horse-training functions presently being performed
by the Anti-Stock Theft Unit should be transferred
to the General Service Unit. The police officers
presently serving in the Anti-Stock Theft Unit should
be re-deployed back to the General Service Unit
Administration The following ranking structure should apply to Policy. Implemented
police ranking the Administration Police Service: Commandant
structure General, Deputy Commandant General (one post),
Assistant Commandant General, Commandant,
Senior Superintendent, Superintendent, Chief
Inspector, Inspector, Sergeant, Corporal and
Constable
Administration The powers of the PSICs and DSICs should be Policy. Implemented
Police and strengthened by appropriate legislation to enable
Provincial them to effectively confront the overall security
Administration needs of the area for which they are responsible
The appropriate Officer of the Administration Policy. Implemented
Police Service should be an official member of the
PSICs/DSICs. This would enable them to be part
of planning the overall strategy and then be able to
effectively carry out the operational duties agreed
upon
It should be recognized that both of the Police Policy. Implemented
Services are there to assist the Provincial
Administration to the fullest extent possible, but
as disciplined services they have a direct chain of
command to their Commissioner and Commandant,
respectively. Once decisions have been taken, the
police should have operational independence
The Administration Police Service should continue Policy. Implemented
to be under the general control and supervision of
the Provincial Administration until such time there
is a devolved government structure

63
Policing reforms to enhance security in Kenya

Code of Ethics The two police services to develop clear codes


of ethics and require police officers to commit
themselves to, amongst others, the following: Act
with fairness and carry out policing responsibilities
with integrity and impartiality; Perform policing
duties with diligence and a proper use of discretion;
In dealings with all individuals, both inside and
outside the police service, display self-control,
tolerance, understanding and courtesy appropriate
to the circumstance; Uphold fundamental human
rights, treating every person as an individual
and display respect and compassion towards
them;Support all colleagues in the performance of
their lawful duties and in doing so, actively oppose
and draw attention to any malpractice by any person;
Respect the fact that much of the information that
police officers receive is confidential and may only be
divulged when duty requires that to be done;Exercise
force only when justified and use only the minimum
amount of force necessary to effect a lawful purpose
and restore peace; Act only within the law, in the
understanding that a police officer has no authority
to depart from due legal process and that no one
may place a requirement on a police officer to do
so;Use resources entrusted to individual police
officers to the maximum benefit of the public; Accept
individual responsibility for self-development,
continually seeking to improve the way in which the
police officer serves the community;Accept personal
accountability for individual acts and omissions,
including those that lead to conflict of interest
The National Police Service Commission (Discipline) Regulations, 2015
Conflict of Interest All police officers should be obliged to declare their Pending
businesses interests to the Inspector General and
Commandant General respectively as part of a
process of assessing the extent of the problem,and
be allowed a reasonable period to divest from
businesses that conflict with their policing work.
The authority to approve applications for Pending
engagement of police officers in trade and other
business interests should be transferred from
the Heads of police services to the Police Service
Commission
Police officers should be prohibited from direct Pending
or indirect involvement in the following areas of
business: Public transport including taxis, Vehicle
breakdown or towing services, Private Security
related business and Weigh bridges
An offence relating conflict of interests should lead to Pending
disciplinary action and even possible dismissal.

64
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

65
Policing reforms to enhance security in Kenya

The Independent Policing Oversight Authority Policy. Implemented


should, among others, have the following
functions: Monitor the implementation of policy
relating to police services;Monitor the standard of
performance of the police service, so as to ensure
that internationally accepted standards of policing
are maintained;Monitor the management and use of
financial and other resources of the police; Receive,
initiate and investigate allegations of misconduct
by the police services; Receive and investigate
complaints from serving police officers; Monitor,
review and audit investigations and actions taken by
the police services in response to complaints against
the police; Co-ordinate other institutions on issues
of police oversight; Perform such other functions as
may be necessary in the execution of its mandate;
Review patterns of police behaviour as well as
systematic functioning of the internal disciplinary
complaints process
The Independent Policing Oversight Authority Policy. Implemented
should have all powers necessary for the execution
of its functions under the Constitution and
legislation (The Independent Police Oversight
Authority Act). These should include:Power
to investigate complaints;Power to take over
internal investigations into internal police conduct
which are already commenced by the police
where deemed appropriate;Power to demand
mandatory cooperation from the police;Compelling
attendance of witnesses;Power to subpoena
documents; Power to obtain search warrants;
Obtaining listening devices or telecommunication
interception; Ensuring witness protection; Power
to recommend prosecutions; Power to follow up on
recommendations, in particular requiring feedback
on implementation within a specified period; Power
to enforce implementation of its decisions through
the courts; Reporting to parliament; Power to
determine its own procedure
Failure to co-operate with the Independent Policing Policy. Implemented
Oversight Authority should be made a criminal
offence
For purposes of accountability, the Authority should Policy. Implemented
submit quarterly reports to the President, Prime
Minister, Parliament and the public.
Effective Police In order to establish effective communication Policy. Implemented
Communication between the police and members of the public,
the Independent Policing Oversight Authority and
the two Police Services should, amongst others,
introduce the following:

66
Annex

Regular briefings by a police spokesperson Policy. Implemented


at the Office of the National Police Council on
behalf of both the Kenya Police Service and the
Administration Police Service
Heads of both Police Services and IPOA should Policy. Implemented
conduct regular public awareness campaigns on
the complaints procedure in websites, through
brochures, media talk shows, etc.
The information should include:How to file a Policy. Implemented
complaint
Clearly indicate where and with whom a complaint Policy. Implemented
against services or procedures and regulations may
be lodged
Indicate a timeline for acknowledgement of the Policy. Implemented
complaint once received or follow up on complaints
filed
The category of complaints that should be filed Policy. Implemented
with the police directly and those that may be taken
directly to IPOA
What action the complainant should expect from the Policy. Implemented
Police
The responsibility of the complainant in facilitating Policy. Implemented
investigations into the complaint
The options open to the complainant in case one is Policy. Implemented
not satisfied with the decision of the police or IPOA
Recruitment A moratorium should be placed on all Police Policy. Implemented
recruitment for the Kenya Police and Administration
Police. Any funds budgeted for recruitment for
2009/2010 Financial Year should be redirected to
address some of the pressing problems currently
facing both Police Services.
Minimum academic entry requirements should be Policy. Implemented
raised to Kenya Certificate of Secondary Education
(KCSE) mean grade C plain unless: In exceptional
cases where a District does not meet its quota,
a request shall be made to the Police Service
Commission to consider a waiver on a case-by-case
basis for applicants who meet all other requirements
except the academic grade, provided that such
applicants shall have a mean grade not lower than
C-; In addition, applicants admitted under this
exception clause should be required to upgrade
their academic qualifications to a mean grade C
plain within the one-year probationary period; The
exception clause of C- should lapse after 3 years from
the commencement of the implementation (end of
year 2012).
The Police Service Commission should do Policy. Implemented
recruitment of police officers while the District
Security Intelligence Committees will support the
PSC with the vetting of the candidates.

67
Policing reforms to enhance security in Kenya

The recruitment process should involve:1st Pending


stage:(Written applications to the Police Service
Commission, in response to advertised positions,
with candidates indicating why they are interested in
police work. Originals should be submitted through
the DSIC with copies of the application directly
to the Police Service Commission;Presentation
of a certificate of good conduct; Two references,
one of whom should be a religious leader within
the applicant’s community and the other a Head
teacher/principal of the applicant’s immediate
former school; Pass written and oral in response
to advertised positions entry examinations. 2nd
stage:(Short listed recruits from the Districts are
reviewed at Provincial level for further interview
and vetting/sieving; Final selection of applicants to
undergo training at KPTC/APTC on approval by the
Admissions Committee of the PSC). 3rd stage:( A 15
months training programme in three phases of 9:3:3.
The Board should conduct a mid-term evaluation
of the trainees in each case; Final evaluation after
15 months to determine suitability for entry into
the Service; Approval of final list by PSC and
deployment; 1 year probationary period at the end of
which the new recruit should be examined on various
aspects of policing, on- the job performance and
conduct. (During this period, the recruit is regarded
as a Trainee Constable.); PSC gives approval for
confirmation in service and rank; To encourage
transparency in the recruitment exercise, names of
the recruits shall be published in the newspapers and
at every District headquarters.
Even when the Police Service Commission recruits Policy. Pending
from the National Youth Service, the candidates have
to meet the set standards of enlistment taking into
account regional balance.
Graduate recruitment: The same recruitment Pending
process for constable recruits should apply in the
case of cadets; The duration of training should
be in four phases of 9:3:3:6 21 months; Training
curriculum and classes to be as that of Constable
recruits to ensure understanding of basic policing
skills. Emphasis in the next 9 months should be on
management and leadership, research innovations;
On completion of the two-year police cadet training,
the Police College should award a postgraduate
diploma or relevant postgraduate degree in Police
Studies. In the short term, before the establishment
of a Police Academy, such a programme could be run
in collaboration with Kenyatta University with which
the Kenya Police has indicated existing training
collaboration.

68
Annex

On graduation, to serve 1-year probation period Policy. Implemented


as a Cadet Inspector after which the Police Service
Commission appoints as an Inspector; Graduates
with specializations should be exempted from basic
Police training and physical requirements. However,
a special induction course that is tailor- made for
specialists should be developed to ensure that they fit
within police work; A deliberate effort should to be
made to recruit at least 10% university graduates and
diploma holders into the Police Service; In order to
raise policing standards, the quality of management,
leadership and opportunities for career progression,
the Police Services should introduce distance
learning; In order to improve the quality of training
and instruction, the Police Training Colleges should
in addition to their instructors and trainers, engage
the services of professionally qualified trainers,
including those drawn from Universities and
Colleges in specialized fields; Payment of salary to
the recruits during their training should be reviewed
together with other disciplined services.
In Service Training In view of the common purpose of policing that the Policy. Implemented
Kenya Police and Administration Police share, the
proposed Police Service Commission, should work
out a standard curriculum to cover both services.
The proposed Police Academy should cater for both Pending
Services. Any plans to develop separate Academies
for each of the two police services should be stopped.
The Commanders Courses should be re-introduced Policy. Implemented
immediately and any officers who have been
deployed as Officer Commanding Station or
Division (OCS/OCPD) without having undergone
the Commanders course should be redeployed from
station management until they successfully complete
the course
All training facilities of both police services, Pending
including those at the Provincial levels, should be
expanded and upgraded to meet the training needs
of the police.
Police Deployment All officers performing non-core functions should be Policy. Being
retrained and redeployed to boost police visibility. implemented
Consideration should be given to the use of private Policy. Being
security providers and the National Youth Service in Implemented
non-core functions
Clear policy and criterion on secondment to Policy. Being
parastatals and other institutions should be Implemented
developed by the PSC
The deployment of police officers should be aligned Policy. Pending
to their talents, skills and specializations

69
Policing reforms to enhance security in Kenya

Police Transfers The Government should, as a matter of urgency, Policy. Being


avail Kshs 196 million for Kenya Police and Ksh115 Implemented
million for the Administration Police to settle all
outstanding transfer allowances.
A moratorium should be placed on mass transfers Policy. Being
and transfers should only be in exceptional cases Implemented
until all problems associated with the current
transfer practices are resolved.
Unless there is pressing need for transfers, they Policy. Being
should be affected only when there are adequate Implemented
budgetary provisions to pay transfer allowance.
To avoid disrupting the lives of members of the Policy. Being
officer’s family who accompany them, including Implemented
children who could be in school, transfers should be
effected only between the last week of November and
third week of December of every year. This provision
may not bar the responsible officers from effecting
transfer of officers in any other months when
exigencies of duty demand.
Where an officer has children attending school in the Pending
current duty station, the Department shall continue
to facilitate their continued stay until the end of that
school year if the officer does not wish to transfer
such children in the mid year.
The transfer of officers should as much as possible, Policy. Being
be effected after three years as provided for in Implemented
Chapter 23 Section 5 of the FSO and the Civil Service
Code of regulations, unless an officer is moving on
promotion or for other reasons intended to enhance
police performance.
The Government should consider basic furnishing Pending
of police quarters to reduce the cost and burden of
officers moving with their luggage on transfer and
accommodation. The construction and furnishing
should be contracted to the National Youth Service
and the Prisons Department respectively. In the
first phase of its implementation, the programme
could be prioritized for police stations/posts and AP
Outposts in hardship areas.
Promotions The recommendations of the Promotion Boards Pending
should be audited by the Police Service Commission
to restore the credibility of the Boards.
Police ranks should be rationalized by collapsing Policy. Implemented
them to a maximum of 12 clear job descriptions
developed for all Ranks. The officers already
serving on Ranks that will be rationalized should
be redeployed but may hold the Ranks personal to
themselves, subject to their suitability for retention
in the Police Services.

70
Annex

The proposed Police Service Commission (PSC) Policy. Implemented


should determine the number and set clear
guidelines on promotion on merit to reduce the
perception of bias in the promotion process.
The PSC should also work out a non-promotion Policy. Implemented
reward scheme to recognize outstanding
performance by police officers.
Promotions should be based on the police service Policy. Implemented
staff complements as reflected in the authorized
establishment, rather than being supply-driven.
The proposed PSC should establish the cases and Policy. Implemented
causes of the alleged stagnation in both police
services in its staff review with a view to rectifying
any anomalies. The PSC should also develop a clear
career progression path whose requirements are
clearly known to all police officers.
PSC should interrogate the number of senior posts Policy. Implemented
at the levels of Assistant Commissioners of Police/
Administration Police and above. The current police
service structures appear top heavy with officers that
do not have any clearly defined responsibilities.
Police Management All officers from the rank of Assistant Commissioner Policy. Implemented
of Police/ Assistant Commissioner of Administration
Police and above should be subjected to a review
against a criteria (professionalism, integrity, track
record, and psychological fitness) developed jointly
by the Public Service Commission (PSC), the Kenya
Anti Corruption Authority (KACC) and National
Security Intelligence Service (NSIS)
The ranks below those indicated above can thereafter Policy. Implemented
be progressively reviewed by the proposed Police
Service Commission until all current members of the
police have been cleared.
Those found unfit for retention should be retired Policy. Implemented
from the two services, with sufficient safety nets to
cushion them on exit.
The Government should establish an exchange Policy. Implemented
programme with countries whose police services
enjoy a reputation of probity and professionalism.
Middle/senior level police officers who are rated
highly after the suitability assessment can be sent on
these programmes for one to two years to prepare
them for leadership roles. The host Governments
can be requested to second their officers to Kenya
in equivalent positions to entrench core values in
various areas of policing.
The structure of the Kenya Police and the Policy. Implemented
Administration Police should be reviewed as it is
apparent that there are too many senior positions at
the top that are not proportionate with ideal policing
structure.

71

Conclusion
Policing reforms to enhance security in Kenya

Police Housing An immediate audit of incomplete housing projects Policy. Ongoing


to should be carried out to determine the level of
completion and a programme be worked out to hand
over the projects to an Inter-Departmental team
comprised of the Department of Defence, Prisons
Department, the National Youth Service and the
Ministry of Housing
The Government should utilize the expertise Policy. Ongoing
and technology available within the Department
of Defence, Prisons Department, the National
Youth Service and the Ministry of Housing to
construct suitable houses for the Kenya Police and
Administration Police and complete the stalled
housing projects.
To integrate the police within the community Policy. Ongoing
under the community policing programme, the
Government should consider in the long term
providing adequate housing allowances to enable
police officers to rent accommodation within the
community. With improved mobile telephony and
means of transport, it should be possible to mobilize
the officers at a short notice. This is with the
exception of specialized security formations such as
the General Service Unit
A programme should be developed for the phased Policy. Ongoing
completion of the houses based on immediate,
medium and long term. Depending on the level of
completion, the Departments named above should
be mandated to assist in completing houses with a
focus on areas where housing conditions are worst.
An audit of police houses occupied by non-police Policy. Ongoing
officers should be carried out. The houses should
be re-possessed immediately for allocation to police
personnel
Government should consider furnishing police Policy. Ongoing
quarters especially in remote areas with basic
furniture so as to minimize the level of disruption of
an officer’s life and ease of resettlement in the new
station especially when on transfer at a short notice.
The furnishing could be sourced from the Prisons
Department.
Government should provide adequate budgetary Policy. Ongoing
provisions to facilitate the acquisition of adequate
housing for the Police Services
Government should encourage private/public Policy. Ongoing
partnerships in providing housing to police officers
to enhance police/public integration. Government
could give concessions to property developers who
dedicate a given number of housing units to police
Government should continuously match the police Policy. Ongoing
house allowances with the prevailing market rates
where housing is not provided

72
Annex

Existing housing units and other police facilities Policy. Ongoing


should be maintained in accordance with existing
rules and regulations of the Ministry of Housing
Annual inspections of the welfare facilities should be Policy. Ongoing
conducted and the management and cleanliness of
police canteens/ messes improved.
Medical and Life A comprehensive medical and insurance cover that Policy. Implemented
Insurance cover takes care of the health of the officers on account of
their high-risk exposure should be introduced.
The Government should improve and set aside Policy. Implemented
amenity wings in Government medical facilities
at the Kenyatta National Hospital, Provincial and
District Hospitals specifically for the medical care
of the police and their families, and other public
servants. In addition, the Forces Memorial Hospitals
should be expanded and a wing within the existing
infrastructure dedicated for the medical care of
police officers.
The procurement of life insurance cover for the Policy. Implemented
Kenya Police and Administration Police should be
fast-tracked and implemented as early as January
2010.
Leave A deliberate programme should be put in place to Policy. Implemented
assist as many police officers as possible to take
their leave as provided for in the Civil Service Code
of Regulations and FSO unless exigencies of duties
militate against it. This should be part of a stress
management programme for the police services.
Officers in charge of various departments and Policy. Implemented
formations should be required to develop leave
schedules for all the officers under them to assist
them to clear leave backlogs. These schedules
should be used to allocate required funding for leave
allowance.
Police Salaries and The salary structure for the Kenya Police and Policy. Implemented
Allowances Administration Police should be harmonized at all
equivalent levels with that of the Armed Forces and
both be revised in tandem when the reviews are
due. The status quo with regard to the privileges/
provisions unique to the Armed Forces should,
however, be maintained.
The increases should be implemented within a Policy. Implemented
period of 2 years with effect from 1st July 2010 so
as to maintain the intended value of the increases.
The estimated cost of this adjustment is Kshs.18,
962,282,059 per annum.

73
Policing reforms to enhance security in Kenya

The Government should ensure that the policy of Policy. Implemented


harmonization of pay and benefits in the Public
Service is institutionalized to guard against
unrealistic pay levels that only serve to cause
agitation in the Public Service when some sectors
are favoured disproportionately over others. In
this regard, the Task Force was informed that a
Bill has already been prepared to entrench the
Permanent Public Service Remuneration Board in
the Constitution, with the mandate to determine and
harmonize pay levels in the Public Service.
Retirement Both Police Services should establish an association Policy. Pending
and Post Exit for retired police officers.
Management
Retired police officers should have access to medical Policy. Pending
facilities dedicated to the police service.
Retired and able police officers should be utilized Policy. Pending
in training at the Police Training Colleges and
Provincial Training Centres where appropriate. They
should also be used to boost the capacity of local
community policing groups.
A minimal budgetary provision should be factored Policy. Pending
in the police budget to pay a token fee to such
officers.
A formal database of all retired police officers as well Policy. Pending
as other disciplined services should be established in
all Districts.
On the death of a retired officer, the local Officer Policy. Pending
Commanding Station or Administration Police
equivalent should take charge of the funeral
arrangements to ensure a dignified send-off to the
deceased officer. A budgetary provision should be
made for this purpose.
Police chaplaincy The chaplaincy services should be provided for Policy. Implemented
and Spiritual in the proposed Force Standing Orders for the
Services Administration Police and the revised Kenya Police
to ensure its institutionalization in the police
services.
In the short term, a common chaplaincy service Policy. Pending
should be considered for both police services to
engender esprit de corps. The respective police
services should however have liaison officers at the
Police Station, District and Provincial levels for
visibility, availability and effectiveness.
In the long term, a joint or common chaplaincy Policy. Being
services should be considered for all the disciplined implemented
Forces to take advantage of expertise and
professional experience already available in the
disciplined services. The details of the proposed
structure should be developed in cooperation with
the proposed Police Service Commission and the
Armed Forces.

74
Annex

Training colleges should consider outsourcing Policy. Being


professional counsellors to enhance their training implemented
capacity in chaplaincy.
Provision should be made for professional Policy. Being
counsellors to debrief officers who have experienced implemented
serious trauma, and need treatment for Post
Traumatic Stress Disorder (PTSD), and later to assist
them as they prepare for retirement.
Qualification for appointment of police officers to the Policy. Being
chaplaincy services should be thoroughly scrutinized implemented
and standardised to ensure professionalism.
There should be a budget line for chaplaincy services Policy. Being
to ensure that it is mainstreamed in the welfare implemented
management of police officers.
Chaplaincy services should be implemented at all Policy. Being
levels for different denominations and faiths in implemented
phases to ensure visibility of the chaplaincy service.
Tooling, Logistical The tooling, logistical and technological capacity of Policy. Being
and Technological the police services should be reviewed to establish implemented
Capacity the exact needs and specification in order to bring
policing to international standards. Consideration
should be given to prioritizing communication and
information technology and transportation.
The National Policing Council should develop a Policy. Pending
3-year National Policing Plan based on amongst
others inputs from police formations from the lowest
level and ensure regular audit and inspection.
Where appropriate, a formula should be established Policy. Being
for police establishments, stations and posts to share implemented
facilities with a view to maximising operational and
financial efficiency, for example cells and holding
facilities.
The use of CCTV cameras as a policing component Policy. Being
particularly in major cities and our highways should implemented
be incorporated in the National Policing Plan.
Legislation should be developed to make electronic, Legal and Policy. Being
audio-visual, computer data and photographic implemented
evidence admissible in court.
The capacity of Forensic Science Service Department Policy. Ongoing
(FSSD) should be enhanced within the Directorate
of Criminal Investigations to be staffed by civilian
experts to enable the police concentrate on their core
duties.
A National Coroner Service should be established Legal. The National
where the pathologists should be based. Coroners Service
Act 2017 enacted
but office yet to be
operationalized.

75
Policing reforms to enhance security in Kenya

Personnel with the right capacities and capabilities Policy. Ongoing


should be developed in the field of forensic
science. However, in specialised fields such as
DNA technology, consideration should be given to
outsourcing.
Before the development of a fully equipped central Policy. Ongoing
forensic science laboratory takes place, properly
trained personnel should be put in place.
Operational A reform and improvement unit should be Policy. Ongoing
Preparedness established within each police service to regularly
monitor and appraise the pace of reforms and
operational preparedness. The unit should submit
quarterly report to the National Policing Council.
An intelligence-led policing ethos should be adopted Policy. continuous
as an integral component of police operations. In
addition, the criminal intelligence unit should be
enhanced to coordinate the collection, analysis,
production and dissemination of intelligence
information to the relevant police units for action
The police services should become an integral part Policy. continuous
of the initiative by the Ministry of Immigration and
Registration of Persons and other stakeholders
to develop an Integrated Population Registration
System (IPRS).
The capacities of the specialized units dealing with Policy. continuous
sophisticated crimes should be enhanced and others
should be created where none exist. All these should
fall under the Directorate of Criminal Investigations.
In view of the increased levels of sophisticated Policy. continuous
organized crime both by domestic criminal group
as well as international criminal networks, it has
become necessary for a highly specialized, well
resources dedicated unit to be established to combat
the crime. In establishing this unit the best experts
nationally and internationally should be involved.
It is urgent that outstanding bills and laws relating Policy. continuous
to anti-terrorism, money laundering and other
economic crimes, organized crime, cyber crime and
human trafficking be finalised and enacted.
The incorporation of civilian staff component as an Policy. continuous
integral part of police forces should be encouraged.
The capacity of the National Crime Research centre Policy. continuous
should be significantly enhancement with a view to
providing regular high-quality research in support of
policing. The National Crime Research Centre should
conduct an annual crime survey, which should
inform the National Policing Plan.
There should be strict adherence to the provisions Policy. continuous
of the Police Act (cap 84) and FSO on the use of
firearms. District Security Intelligence Committees
should monitor the allocation of firearms to Kenya
Police Reserve in rural areas.

76
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

The National Policy on Community Policing Pending


should, among other things, address the following
issues: Full involvement of the community in the
development and implementation of the policy;
Re-engineering a major paradigm shift in the
relationship between the police and members of
the community; Clearly defined role in community
policing of other key stakeholders such as the
relevant Ministries in the criminal justice system,
the Ministries of Finance, Local Government,
Education, Youth Affairs, schools, religious groups,
and the civil society; Development of an effective
community policing target setting formula and
feedback mechanisms;Motivation of citizens in
community policing and sustainability of community
policing programmes; Mobilization of resources
to facilitate and support community policing
programmes;Efficient coordination and management
structure cascaded from the national level to the
neighbourhoods to give strategic leadership and
direction to the community policing programme;
Mainstreaming community policing in the national
security architecture; Reporting mechanism to the
National Policing Council, the Independent Policing
Oversight Authority, the Minister responsible for
internal security
Community policing should be anchored in a legal Pending
framework
Private Security With regard to the 2004 draft Private Security Legal. Private Security
Services Regulation Bill, the national security and policing Regulation Act, 2016
policies should recognize the private security passed currently being
industry as a key player and partner in security, with operationalized
clearly defined roles and responsibilities of private
security guards in such issues as arrest and detention
of suspects and the extent to which such powers
would differ from those of the police and private
citizens
In addition, the policing policy should require Policy. Being
private security providers to operate within the operationalized
national values, principles and morals required of
policing in a democratic country; set professional
standards including training; and a code of conduct.
The draft Bill should be comprehensively reviewed Policy. Being
and discussed with the stakeholders for ownership operationalized
before being passed into law as a matter of priority.

78
Annex

In addition to ensuring that private security officers Policy. Being


respect core democratic values and aspirations operationalized
that Kenyans expect from policing, the legislation
should: Clearly identify the functions of the private
security providers, such as crime scene guarding
and cordon duties, cash escort, security checks,
VIP Protection, guard duties; Ensure a credible
institution for licensing private security personnel
and optimal regulation of the industry;Provide for
the licensing of private security personnel including
inhouse after comprehensive background checks;
Require the taking of insurance cover, training of
guards to specified standards, and setting of vehicle
and uniform standards to avoid confusion; Provide
for the promulgation, adherence and enforcement of
a code of conduct; Specify the weapons, if any that
private sector firms can use; Establish a transparent
and reliable mechanism to deal with complaints
against private security providers
The proposed Police Reforms Implementation Policy. Being
Commission should prioritize this comprehensive operationalized
review, stakeholder discussion, and enactment of the
legislation
The private security agencies should be regulated Policy. Being
by law to provide among other things for vetting a operationalized
record of the agencies, a data bank for its personnel
and the relationships between the agencies and the
security networks in the country. It should further
provide for regulation of their conduct and the
consequences of breaches.
National Security The Task Force therefore recommends that the Pending
Policy Ministers responsible for Internal Security and
Defense should immediately set up stakeholder
committees to start the process of developing a
national security policy, and legislation, starting with
the draft prepared by the NSIS.
National Policing The Task Force recommends that the proposed Pending
Policy National Policing Council spearheads the immediate
development of a National Policing Policy alongside
the development of the National Security Policy.

79
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

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