BBI Report: Governors want National Police Service Commission retained

NAIROBI, Kenya, Nov 10- The Council of Governors has called for amendments in the recently launched Building Bridges Initiative (BBI) report, before a referendum question can be formulated.

In their list of amendments, they want the National Police Service Commission (NPSC) retained, against the proposal of replacing it with a Kenya Police Council, to be chaired by the Interior Cabinet Secretary.

CoG Chairperson Governor Wycliffe Oparanya did not however divulge further details on this.

Those who share the Council of Governors sentiments like several human rights organizations and Deputy President William Ruto, believe disbanding NPSC will take away the independence of police.

“Today, you might have the latitude to do what you think is right for you. Tomorrow, the shoe will be on the other foot,” the Deputy President cautioned during the October 26 launch at the Bomas of Kenya.

“The 2010 constitution is very clear that the police act independently of any politicians, whether they are in government or in opposition. To recommend a police council shared by a CS, it is actually a derogation from the independence of police. We must be very careful on where we are going.”

The danger of such a move, they argued, is to have a politically controlled police service, serving the interests of the office holders.

“The office of the Director of Public Prosecutions and the Police Service Commission to continue operating as is in the current constitution…” Governor Oparanya said.

Civil society organizations under the police reforms working group, have equally called for the removal of the proposals, saying they will erode the police independence.

“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,” Independent Medico-Legal Unit (IMLU) Executive Director Peter Kiama said on October 31.

His sentiments were shared by 17 others organizations like the Amnesty International -Kenya, International Commission of Jurists (ICJ) and Kenya Human Rights Commission (KHRC).

Further, Governors are against the establishment of a Judiciary Ombudsman, who will be appointed by the President.

Legal pundits argue such a move will take away the Judiciary independence and wraps the critical institution under the mercies of the Executive.

The Council also want County Governments, to be involved in security matters at both national and county level in the National Security Advisory Council and “implement the County Policing Authority.”