Oversight body sorely needed

WHILE THE PACE OF POLICE reforms in Kenya might be slower than many would like, it is heartening to see the Police Reform Implementation Commission at work and in the public arena.

The Commission is charged with co-ordinating the implementation of some 200 recommendations made in the report of the task force on police reforms headed by Mr Justice Philip Ransley.

One important recommendation was the need to establish a body for independent police oversight. Recently, the commission, along with various stakeholders from government, police and civil society, met to discuss a draft Bill for an Independent Police Oversight Authority.

The workshop, held over two days in Nairobi, was organised in partnership with the commission and The Usalama Reform Forum (TURF) — a civil society forum in Kenya dedicated to reforms in the security sector.

What is promising about such diverse players coming together to discuss a vital aspect of police reform is that it indicates that reform can truly be a consultative process with room for all voices to be heard and considered.

One of the hallmarks of democratic policing is that the police are held to account for their actions — something that has certainly not happened in the past as Kenyans suffer under a culture of impunity.

The ills that plague the police are well known — corruption and human rights abuses are some of the most serious among them, and a general level of poor service delivery to the public.

The report of the task force recognised that oversight of the police was sorely needed.

ALTHOUGH THE POLICE NEED TO S-et up internal mechanisms to monitor and sanction the actions and misconduct of individuals, this needs to be complemented by a strong and effective external, independent police oversight.

The proposed constitution talks of an authority that will be staffed by civilians and that will handle complaints against the police.

When finalised, the Bill should ensure that the authority has a strong mandate, to not only monitor but to actively investigate the police — whether as a consequence of a complaint from the public, or as a result of a report of death or other serious allegation at the hands of a police officer.

The government needs to ensure that the authority has the teeth it needs to get to the bottom of even the most serious allegations of corruption, killing, and torture.

This means that the authority should seek and require the assistance of the police, and have the powers of a court to subpoena evidence and witnesses.

The assistant minister for Internal Security has stated that the creation of the authority is a priority in the police reform process.

One would hope that the Bill that emerges from this consultative process sees the emergence of a robust, fully-independent and powerful Police Oversight Authority.

Tennille Duffy is a programme officer, Access to Justice (East Africa), Commonwealth Human Rights Initiative