New Bill gives civilians power over Kenya police

A Bill that seeks to improve policing by involving civilians in an oversight role has been agreed upon by all stakeholders and is awaiting action by the Cabinet.

The Bill’s passage by Parliament and adoption would mark the beginning of a fresh era and provide a new way of securing democracy through civilian oversight of the country’s police.

The Independent Policing Oversight Authority Bill 2010 could result in an open and accountable police and improve the country’s safety, those involved in its preparation say.

“It will democratise police and make them accountable to the people and the law. Police will be internally and externally accountable and respect human rights and rule of law,” said Philip Ochieng of Usalama Group, an umbrella organisation of 14 NGOs in the security sector.

Mr Ochieng adds: “It will enable citizens for the first time to walk in and make complaints against police, unlike in past when the complaints were made to the police, and they protected their own.”

He said the Bill would also enable police to get redress on complaints against each other without victimisation.

The Bill follows the report by Mr Justice Philip Ransley that recommended the formation of a police oversight authority and has been drafted by committee overseeing implementation of police reforms.

It has been subjected to scrutiny and debate by stakeholders since June and is now awaiting to be taken to Cabinet.

Mr Ochieng said Internal Security minister George Saitoti should have fast-tracked publication of the Bill so it could be given preference in Parliament before the House focuses on constitutional Bills.

Unlike other Bills dealing with police reforms, which mainly benefit the officers, the one on oversight would have a direct impact on the public and result to better service.

Oversight body

Kenya National Commission on Human Rights official Hassan Omar said the role of the proposed oversight body should be harmonised with that of his organisation after it merges with the Gender Commission to avoid conflicts.

The new Constitution gives the Kenya National Human Rights and Equality Commission a huge mandate, including police oversight, human rights and ombudsmanship. The new commission has powers to summon any public official, including police, Mr Omar said.

In the past, police rejected oversight by KNCHR because it was created by an Act of Parliament; they felt it did not have the power to carry out oversight. Mr Omar applauded inclusion of organisations like Usalama in validating the whole reform process of police.

If the Bill is approved, Kenya would join South Africa among African nations that have a functional police oversight body.

The Bill seeks to introduce massive reforms in the disciplined forces and to usher in a new threshold of transparency and accountability.

According to the Bill, the Kenya Police Force, Administration Police Force and any other person or body for the time being exercising police powers under any written law would be required to comply with the provisions of the Bill once it is enacted into law.

Among key areas the Bill seeks to change are the process of lodging complaints, financial management, tenure of officers, their conduct and procedure for appointment to the Force.

The Oversight Authority would operate independently through a board funded by the government to be known as the Independent Policing Oversight Board.