NAIROBI, Kenya, Dec 3- The Independent Oversight Policing Authority (IPOA) is set to have powers to oversight all uniformed security agencies in Kenya if the Security Services Laws (Amendment) Bill 2021 becomes law.
The agencies will include the Kenya Prisons, Kenya Coast Guard, and Kenya Wildlife Services.
The Bill seeks to expand the mandate of IPOA, in a bid for the authority to rein in other security state agencies involved in unlawful killings and other human rights violations.
The bill is sponsored by Nyamira Senator Okong’o Omogeni and is currently before the Senate.
The Bill seeks to amend the Prisons Act, the National Police Service Act, the IPOA Act, and the Wildlife Conservation and Management Act, among others, in order to expand the civilian function of the IPOA.
Currently, the IPOA only oversights the police service.
If passed to law, only police officers facing extrajudicial charges will be investigated by IPOA.
Human rights organizations have been pushing for the amendment, saying violation of human rights of civilians was not by the police officers only.
The right groups had also urged the Parliament to ensure that IPOA has enough resources to be devolved to all 47 counties.
“While the National Police Service is placed under the oversight of the IPOA, no such oversight mechanism has been created with regard to officers of the KWS, KFS, and KPS who exercise police powers of arrest, detention, and use of force,” the bill reads in part.
It is set for introduction in the Senate for the First Reading.
According to the bill, while the IPOA is responsible for the investigation of crimes committed by the police, there is no clear demarcation of the roles of the two institutions.
“There exists an overlap of the mandate of the police and that of the Independent Police Oversight Authority regarding the investigation of crimes,” it reads.
IPOA shall also conduct inspections of police premises, KPS premises, KWS premises and the KPS premises, including detention facilities under the control of the services.
The authority, however, shall not investigate any matter which is the subject of proceedings before a court of law or judicial tribunal, or the matter is subject to investigation by such other investigative body as may be specified under any written law.
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