NAIROBI, Kenya, Jan 25- The National Police Service’s Internal Affairs Unit has gotten more freedom and powers to conduct its investigations against any police misconduct.
This follows the gazettment of amended NPS Service Standing Orders (SSO).
For instance, the SSO now says a senior investigating officer or any other IAU officer acting on the senior investigating officer’s instructions may inspect and examine any investigation file and complaint register within the County for the purpose of recommending remedial measures.
The amended SSO say the Unit shall not be subject to the control, direction or command of the Kenya Police Service, Administration Police Service or the Directorate of Criminal Investigations.
This means the IAU director will be independent in his work of investigating police misconduct.
Further, the unit shall establish and devolve the services of the IAU that are able and equipped to conduct investigations into police misconduct in a fair and effective manner and report directly to the Inspector General.
The Director shall assign a senior investigating officer in every County who shall be responsible for police internal affairs in their respective County.
The unit will receive and investigate complaints against police, promote uniform standards of discipline and good order in the Service, keep a record of the facts of any complaint or investigation made to it, investigate torture and cruel, inhuman or degrading treatment or punishment suspected to have been perpetrated by a police officer and on exceptional circumstances, undertake disciplinary proceedings against police officers on the direction of the IG.
It will also investigate and recommend appropriate action in respect of any police officer found engaging in any unlawful conduct, submit recommendations to the IG, the National Police Service Commission and the Director of Public Prosecutions where an officer is found criminally culpable and regularly report to Independent Policing Oversight Authority, Coroners, Firearms Chief Licensing Board and the National Police Service Commission.
The unit investigates misconduct and hear complaints from members of the service or members of the public, at the direction of a senior officer, on its own initiative, on the direction of the Inspector-General or at the request of the Independent Policing Oversight Authority.
Where necessary, the unit may investigate and recommend appropriate action in respect of any officer found engaging in any unlawful conduct. The unit shall have power to recommend the interdiction of an officer, the suspension of an officer, the administration of a severe reprimand or a reprimand to control or influence the pay, allowances or conditions of service of an officer or any other lawful action.
“Where the Unit recommends disciplinary action against an officer a duplicate of the inquiry file containing recommendations shall be sent to the Commission,” reads the SSO.
When a complaint is lodged against a police officer at any Police Station or Unit Base the Officer-in-Charge shall immediately notify and submit a complaint, through the police channel to the County Internal Affairs Unit officer as the case may b; and commence a full investigation into the complaint.
The senior investigating officer of the IAU to whom a notification is made under shall immediately, in consultation with the relevant County, or Formation Commander determine whether or not to take over the investigation.
A senior investigating officer may, in consultation with the County Commander, request the Officer in Charge of Police Station or Formation to investigate and resolve less serious complaints against a police officer.
Where an Officer in Charge of Police Station or Formation does not investigate and resolve less serious complaints against a police officer, the matter may be referred to the Director of the Internal Affairs Unit and if necessary to the Inspector-General.
A senior investigating officer may take over or initiate any investigation against police misconduct in the County.
Where investigations against police misconduct are withheld for any reason, the matter shall be referred to the Director of the Internal Affairs Unit whose decision shall be final.
In performance of its functions, the unit shall ensure effective collaboration and regular reporting to the Independent Police Oversight Authority, Coroners, and the chief firearms licensing officer as well as the National Police Service Commission.
The Independent Policing Oversight Authority may at any time intervene and take over the investigations from IAU, if there is reason to believe that the investigations by the unit are inordinately delayed or are manifestly unreasonable.
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