NAIROBI, Kenya, Oct 31- Proposed changes to policing laws will erode the police independence, civil societies organizations have said.
In their preliminary analysis of the Building Bridges Initiative (BBI), the lobbyists under Police Reforms Working Group-Kenya (PRWG-K), have faulted the proposals arguing it opens up the police service to political machination.
“In our opinion, it is not legal or structural challenges that has weakened the critical pillars of police transformation but substantive governance and resourcing shortcomings,” Peter Kiama Executive Director Independent Medico-Legal Unit (IMLU) said.
The activists said the proposals contained in the BBI report are aimed at transforming the police into a force and not respectable, professional, human rights compliant service.
“For any new proposals that alter the structure and operation of the police to be accepted it should be anchored on Philip RansleyTaskforce Report on Police Reform, Philip Waki Report on Post Elections Violence and the Constitution of Kenya 2010. The very essence of our reforms to date has been to deliberately insulate the National Police from political and executive interference,” Kiama said.
“The key pillars of this are objective recruitment and appointment procedures for the Inspector General and top commanding police officers, the Independent Policing Oversight Authority as an independent civilian oversight authority and the creation of a civilian and professional Police Service Commission to deal with human resource issues, he added.
Combined, he said these measures have reduced executive, political interference, inculcated accountability and ensured professionalism and improved welfare of the NPS.
The BBI proposals abolishes the National Police Service Commission (NPSC) and thereby substituted by the Kenya Police Council (KPC).
NSPC is mandated to recruit, train, compensate, deploy and ensure that performance of police officers matches international best practices.
However, the new proposal will mandates KPC to be responsible only for overall policy, control and supervision of the police.
The Council will be chaired by the Internal Security Cabinet Secretary, Internal Security Principal Secretary, Police Inspector General and two senior members of the National Police Service, all appointed by the President.
“It is not yet clear how the Council adds any value to the current structure of the NPSC. More alarmingly, as currently designed, the proposed Council further undermines the independence of the Office of the Inspector General,” Demas Kiprono an advocate of the High Court and a campaign manager safety and dignity at Amnesty International Kenya said.
By expanding executive and presidential control over the National Police Service, he said the independence envisaged in the constitution will be weakened.
“Should this proposal pass in its current form, the country will be predictably returned to an era when the police acted and were perceivedan extension of the ruling executive,” he said noting that an aspect of this role is already being fulfilled by the Security and Intelligence Committees from Ward to the Ministerial levels.
These administrative measures enables the national government to coordinate security and safety without interfering with the independent command of the Police Service.
“We also note that the robust and independent recruitment of the IG through the NPSC was tragically removed by parliament in 2014. The BBI recommendations do not address this. In our view, this would be the place to start. Based on the above, we would propose the retention and strengthening of the NPSC with robust parliamentary oversight over all its functions,” Kiprono said.
On NPS financial independence, the group faulted the BBI steering committee report for failing to address the lack of authority by the IG to incur expenditure.
“This weakness hinders his ability to account, budget, allocate and reallocate resources. Despite clear direction by the President inSeptember 2018, the Government has yet to implement Section 116 of the NPS Act 2011 that provides for the IG to have autonomy over the budget,” Harriet Wachira Programme Coordinator Transparency International said.
Even though the report provides a clear description of the negative impact of police service that is estranged from the communities they serve, it pays scant attention to the constitutional obligation on the IG and the entire NPS to foster and promote relationships with the broader society, the group said.
They called on the government and the advisory BBI Steering Committee to address the need to establish the 47 County Policing Authorities and 1300 Community Policing Committees at Police station levels.
The Government must allocate adequate budgetary resources for the operationalization of both authorities and committees, they urged.
“This would provide a sustainable platform for police, citizens including women, youth, PWDs, investors among others and county governments and national government administration (NGAO) to identify security and safety challenges and identify local solutions,” Wachira said.
Even though the taskforce did not list extra-judicial executions as an issue of concern and hence no remedial propositions have been made, the group welcomed the elevation of IPOA to the level of a constitutional commission.
“For the proposal to be substantive, it must distinguish what new and additional powers and functions the new body will have. It is our considered view that IPOA already has robust legal powers to execute itsmandate. The challenge BBI must address is the worrying trend of police officers refusing to implement current IPOA recommendations and non-cooperation with or obstruction of IPOA in investigations,” a section of the joint statement reads.
“We note and welcome the growing proactiveness of the Internal Affairs Unit. We further recommend that IAU offices be properly resourced and rolled out in all counties and the IG fully implements theirdecisions and recommendations.”
They called on the government and the taskforce to conclude the process initiated by the Inspector General, the Office of the Director of Public Prosecutions and human rights organizations in creating guidelines for public order policing in relation to the freedom of assembly and association.
“We consider this important and urgent alongside the comprehensive review of the Public Order Act to align it with the Constitutionof Kenya and international human rights standards,” they said.
PRWG compromises over 17 local and international organisations including International Justice Mission, The Kenyan Section of International Commission of Jurists (ICJ Kenya), Kenya Human Rights Commission, Defenders Coalition, Kenya’s for Peace, Truth and Justice, Constitution and Reform Education Consortium among others.
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