Supreme law changed police force radically

Policing has undergone tremendous changes since the Constitution was promulgated in 2010.

The supreme law created the National Police Service Commission (NPSC) to recruit officers, determine promotions and transfers as well as handle disciplinary cases.

Before that, the powers were vested in the Public Service Commission, which delegated them to the Commissioner of Police.

The Constitution also created the National Police Service, bringing Kenya Police and Administration Police under the command of an Inspector-General, a position that never existed before.

A subsequent Act of Parliament, as dictated by the Constitution, then created a semi-autonomous Directorate of Criminal Investigations, which took over the functions of the defunct Criminal Investigations Department.

Implementation of the changes brought confusion between police chiefs and the commission’s bosses, differences that have been ironed out over time.

“The commission was demanded by police so that the human capital management is separated from the public service, just like with the military, Parliament and teachers,” said NPSC chairman Johnston Kavuludi.

“They felt that their job is unique. We have done a lot in delinking police from the public service, changed their rank structure to conform with the new laws and placed officers competitively through open interviews.”

IRON OUT DIFFERENCES

Two months after the commission was formed, it made changes in the leadership of key police dockets, an undertaking that did not go well with then Inspector-General David Kimaiyo.

The appointments were disregarded while those made by Mr Kimaiyo were upheld.

Acts of Parliament that gave effect to the commission have been changed twice to iron out differences that arose between it and police top command.

“There were never any real conflicts,” said Mr Kavuludi. “There were just teething problems that have been solved by the institutions after understanding their mandate better.”

However some of the amendments have made it difficult for the commission to function, according to him. “For instance, the requirement to have six commissioners present to meet a quorum is difficult.

“If the IG is away and one of the deputies as well, there can never be a sitting. That means urgent matters have to be delayed.”

The Inspector-General sits in the commission together with his deputies in charge of Kenya Police and Administration Police Services.

DELEGATE POWERS

Regarding transfers and promotions, the NPSC acts on the recommendation of police chiefs. “Thus, those not satisfied with their bosses’ decisions in the police have an avenue to appeal on transfers, promotion and disciplinary issues.”

In the amendments, the NPSC was allowed to delegate its powers to the IG, giving him a free hand in making decisions touching on police officers.

The most radical change, however, was the police vetting, whose gravity was felt when senior officers faced the panel.

A dozen of them were sent home after they were found unfit to continue with law enforcement.

It opened up a fresh confrontation with senior officers, who challenged the commission’s decisions in court. Others, rather than face the vetting panel, opted for early retirement.

A senior officer told the Nation the vetting was a “flawed exercise”. He requested anonymity lest he is cited for breaking protocol.

According to him, it was compromised and officers who ought to have left the service in “public interest” were retained.