Police to disobey illegal orders

Junior police officers were on Wednesday told to decline unlawful orders given by their seniors.

Administration Police commandant Kinuthia Mbugua issued the directive to the first batch of officers trained under a revised curriculum.

The officers were dispatched to the Counties and field posts as police interns, a departure from the past when fresh recruits from training colleges were inducted into the force immediately.

He said: “Never carry out an unlawful order. When you are told to execute an illegal order, you shall salute, yes, but say that’s not lawful. Nobody can punish you for that. Unless we are in a state of war, you have the right to decline.”

Mr Mbugua was speaking to 1,000 recruits at the Kenya Prisons Staff College, Ruiru, where the officers were trained because the Administration Police Training College was overstretched.

Another batch of 3,000 intern officers was released from the APTC in Emabakasi on Tuesday. An equal number of officers from the regular police were sent to their stations last week.

Mr Mbugua further cautioned them: “If you execute an illegal order you will not defend yourself by saying your superiors gave it. You will be arrested and prosecuted.”

Unlawful commands

Some of the ills that have beleaguered the police over the years include seniors giving unlawful commands as revealed last week during interviews for National Police Service Commission jobs by Mrs Alice Kagunda, who was the principal deputy to former police commissioner Hussein Ali.

She told the interviewing panel how 57 senior officers were forcibly sent home in 2004.

“I don’t know why it was done. The strategic plan defined how an officer could exit and for what reasons. This one (purge) came prematurely. That is why everybody was surprised in the office. He (Maj Gen Ali) was new and it came from him,” she said.

In the past, those fresh from training colleges were inducted into the force immediately, but the police reform programme will have to undergo three months internship under the station and field commanders.

They are expected back to college for another three months after internship under the new curriculum, where the training period was extended from nine to 15 months, with cadet officers courses taking 24 months.

The new programme now include lessons on human rights.

“Do not misuse your powers. You cannot torture anybody. You should not use force or abusive language when arresting a suspect. That’s now in the past,” Mr Mbugua told the officers.

The commandant promised that Kenyans would see a “great difference” in law enforcement when the fresh officers assume duty.

“As police officers you cannot afford to take sides (during elections). Police are apolitical. Our role is only to make sure that we create a safe environment for campaigns but we must never engage in them.”