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| NEWS > 31 July 2007 |
Other related articles:
Despot dresses his thugs as po
ZIMBABWE President Robert Mugabe no longer trusts his police force and now relies on his poorly trained but vicious party militia to keep a growing opposition movement in check.
The violent repression of a protest march earlier this month and the savage beating of Morgan Tsvangirai, leader of the Movement for Democratic Change, by men in police uniforms appeared to implicate the country's police force.
Now many think it was ruling party militants, using requisitioned police outfits, who were responsible for the dozens of injured, and the death of a family man shot while demonstratin... Read more
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 Article sourced from
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Business Daily Africa - Nairob
31 July 2007
This article appeared in the above title/site.
To view it in its entirity click this link.
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Comment: We need a police comp
The Kenya Police Force is a creation of the Police and the Administration Police Acts, Chapters 84 and 85 of the Laws of Kenya. The Commissioner of Police, a constitutional office holder, enjoys extensive statutory powers in the administration, discipline and superintendence of the force.
If you check, there is a glaring omission in the two Police Acts for they lack a procedural framework for redressing citizen grievances against members of the force. Ordinary Kenyans have little or no administrative recourse against wilful or inadvertent transgressions of the law by police officers.
Police Commanders have wide discretionary powers over issues relating to discipline and normally adopt a standard response that “the police are carrying out investigations” whenever they are faced with queries regarding wayward behaviour involving their juniors.
This perfunctory response has become the euphemism for shoddy police services in Kenya. The events of the last two months have brought into sharp focus the ability of the police force to deal with excesses within its ranks.
The months of May and June were marked by major security operations leading to the loss of over 100 lives with the police losing 12 of their own.
We ought to salute these gallant soldiers for putting their lives on the line in the defence of public safety and security.
The provisions of the Criminal Procedure Code, the two Police Acts, the Force Standing Orders and the Police Code of Regulations, bind police officers in the discharge of their duties.
In addition, every security operation is supposed to have specific Operational Orders (OPOs) or Rules of Engagement (RoEs), which must be strictly observed by every officer involved. These rules are intended to avert casualties and minimise collateral damage.
The Criminal Procedure Code stipulates that whenever a person dies in the hands of a police officer, a magistrate’s court or a police station commander should hold an inquiry to determine the circumstances that caused the death and whether an offence has been committed.
The continuing public outcry and agitation by pressure groups could be an indication that these provisions are not being observed in respect of the victims of the recent police operations. Wishing away these complaints would be contrary to the spirit of the ongoing police reforms as envisaged in the Kenya Police Service Strategic Plan 2003-2007.
There is urgent need to create an internal mechanism to check excesses and investigate non-compliance with standing orders and operational guidelines by police officers. Security operations are highly secretive in nature and civilians have no access to classified operational and logistical information.
The Commissioner of Police should invoke his powers under sections four and five of the Police Act and establish a specialised unit to handle complaints against police officers.
The unit should also have the mandate to investigate alleged incidents of harassment, use of unnecessary or excessive force, use of language or conduct that is insulting, demeaning, discriminative or humiliating.
Police officers are entitled to certain rights like all citizens. An internal investigative division will provide procedural safeguards to ensure that all complaints are supported by sufficient evidence. Kenya is a nascent democracy with a vibrant private and public sector commercial enterprise. The country requires a police force that is committed to providing professional high quality service to all.
The establishment of an internal investigative unit will promote the highest attainable standards of integrity, professionalism and accountability. This will also strengthen public confidence by ensuring that allegations of corruption or misconduct by police officers are taken seriously, carefully investigated by skilled officers, and reviewed by an independent body.
Captain (rtd) Wanderi is a fraud examiner and an advocate of the High Court of Kenya.
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