How police can redeem tainted image

The functions and purpose of a police force is to secure life, rights and property of citizens. The force is also the image of a country.

Officers’ actions, character and appearance when interacting with citizens and foreigners provide a peep into society. Outsiders usually regard a corrupt police as a microcosm of the society. Many visitors have gone back to their countries with horrendous tales following their encounters with our officers.

This is also the impression I got from the reactions to my last column. While most Kenyans shared their stranger-than-fiction anecdotes of encounters with officers, a number of foreign readers lamented how corrupt officers had tarnished the image of our country. A few challenged me to come up with “concrete proposals” on how to address this “scar on our image.”

The common theme in the readers’ comments is that the force is rotten to the core. An officer is seen as a predator and not a protector. Vetting of top officers is cited as proof that syndicated corruption exists within the force.

Our officers are also cited for flagrantly violating the Constitution, national laws and regulations that guide them to keep the country safe, secure and peaceful.

This is done at roadblocks and checkpoints. Favourite speed traps are identified on the Nairobi-Nakuru, Eldoret-Malaba, Kericho-Kisumu, Nairobi-Mombasa roads, Thika Superhighway and a number of roads in Nairobi neighbourhoods. Wilson Airport police officers are notorious for extortion and creating fictitious charges against drivers.

A common shared experience is that officers stop motorists to pick their pockets, not out of concern of other road users. For instance, car “searches” carried out at JKIA and Wilson airport gates have nothing to do with enhancing security, as vehicles are not professionally searched for weapons, harmful material or drugs.

The only reason for these stops is to find faults on the car so that motorists can be hectored to bribe. How can someone with no background in automechanics inspect the roadworthiness of a car? Undoubtedly, these misplaced intentions and ill-performed procedures greatly enhance insecurity in the country.

Officers have made it a habit to arrest people for petty reasons. Should someone who has forgotten to carry a driving licence or goes over a speed limit by 5kph be subjected to criminal proceedings? The Traffic Act is being abused through the invention of non-traffic violations.

also falsely charging motorists for driving over speed limits on roads with signs that are either faded or inappropriately placed. The National Transport Safety Board is culpable by not clearly marking roads and putting up signs and notices informing motorists that cameras are capturing them.

Most highway checks are illegal since they are not gazetted by the IG of Police. At these checkpoints, officers first scrutinise the insurance. Woe unto you if it is expired. You will be pulled over to figure out how to buy yourself out of “trouble.” Instead of being issued with a citation and summoned to appear in a court, you will be “fined” on the spot before being released.

If your insurance is valid, your car will be subjected to a mechanical inspection of tyres, lights and side mirrors. If any of these is defective, you will likely be detained after your driver’s licence and even car keys have been taken.

After being criminalised, the officer walks away to let you figure out how to get them back. This involves “talking” oneself out of trouble or begging to be “assisted”.

The cost of this assistance could range from a few hundred to thousands of shillings, depending on how one’s standing in society is assessed.

ABUSE OF POWER

Kenyans are paying a high price maintaining a force that does not respect the law. Most motorists are not aware that their rights are being violated. The police regularly violate Article 49 of the Constitution that grants citizens the right to be informed promptly of the reason for the arrest; the right to remain silent; and the consequences of not remaining silent.

However, in most cases, the police do not cite any legal clauses or give an explanation of how the law has been violated. Instead, Kenyans are confronted and charged for violating “the law”, judged and fined. No charge sheets and receipts are issued. And no records are filed. This is a classic example of arbitrary use and abuse of power.

We should invoke our constitutional rights, particularly Article 29 that protects us from deprivation of our freedom without just cause, detention without trial, being subjected to any form of violence and torture, whether physical or psychological, or being treated in an inhuman or degrading manner.

e should also demand our right to privacy, which includes the right not to have our bodies, homes and properties — including vehicles — not searched or seized. When officers conduct body and vehicle searches, they are violating the Constitution. The same is the case when they stop us for the sole purpose of extorting bribes. When they confiscate our licences and demand bribes to return them, they are infringing on our constitutional rights.
But I am not sure if police officers are also aware that they are violating laws that guide their work. The officers’ obsession with receiving bribes contravenes the regulation guiding good order and discipline in the service. They are barred from committing corrupt acts and from knowingly making false accusations against and slapping innocent Kenyans with fictitious charges conceived for the purpose of wringing bribes.
Law enforcers have made it very expensive and most inconveniencing to challenge trumped-up charges by adjourning cases many times and making it extremely time-consuming and expensive to contest them. Even if the trial takes place, one is not shown the evidence and the magistrate will most likely use you as a lesson for others to learn from. Most often, victims of highway entrapment prefer to suffer the pain of kangaroo justice.
If one is obstinate or does not have enough money, he usually finds himself locked up to ensure that he does not abscond or fail to pay the fine. Such mistreatment does not improve road safety nor act as deterrence to “speeding”.
What can be done to end nightmares Kenyans face when targeted by police officers? First, citizens should stand up to demand the police to respect their rights to privacy and be informed the reasons for being pulled over. When stopped by a police officer at a roadblock, you must demand the full name and rank of the officer, the gazette notice setting up the checkpoint and an explanation of the law being violated.
Second, Mr Boinnet owes Kenyans an explanation on why officers always demand cash bail of Sh10,000 instead of handing out tickets for minor traffic violations. The Traffic Act should be amended to bar the officers from handling cash.
Third, since it takes two to tango, civilians who break the law and use their pockets to evade punishment should face harsher penalties than that for the offence committed.
Fourth, Kenyans should make use of technology to educate themselves on their rights and how to protect them from being violated. They need to create more websites such www.ipaidabribe.or.ke that allows victims of abuse to report and share stories about bribes they paid, bribes they avoided paying and tips on how to beat entrapments. Such sites should also highlight cases of officers who act honourably and professionally.
Kenyans should also use their smartphones to record harassment and extortion. Road users can emulate Americans who video-record encounters with border police and post them on YouTube.
Fifth, we should encourage formation of groups like the Advocacy and Legal Advisory Centre. ALAC has assisted residents of Kangundo to kick out a corrupt police chief. Such groups need to do more to address the rot in the force by educating citizens on strategies of fighting corruption, including standing up for their rights and reporting complaints to relevant authorities.
Sixth, the Interior Cabinet Secretary is obligated by the Police Act to develop guidelines on the promotion of human rights by the Service. He should also spearhead the much-needed reforms of the force while providing strategic leadership in the operation of an internal affairs bureau to monitor the compliance of the Constitution, national laws, the police Act, and police regulations.

If not radically reformed, the KPS will frustrate President Uhuru Kenyatta’s anti-corruption drive if they continue acting outside the law, selectively applying justice and exploiting and abusing citizens.

His government should seriously consider revamping and empowering the Ethics and Anti-Corruption Commission with powers of investigation, inspecting bank accounts, freezing assets and demanding disclosure of financial information.

The new EACC should also be given the powers of arrest, detention and granting bail.
Seventh, the Interior Cabinet Secretary, the police chief, the NPSC and IPOA should be held to account for the rampant corruption and abuse of the Constitution and national laws by officers.

It is their responsibility to ensure that officers exercise good judgment in enforcing the law.

Eighth, sting operations should be setup to apprehend corrupt police officers abusing their uniform and badges. But it is possible that sting information could be shared, compromising the operations.

Ninth, the government should put in place corruption controls that include holding officers the rank of sergeant and above responsible and accountable for the behaviour of their juniors.

HIGHEST STANDARDS

At the same time, relevant leaders and agencies must demand nothing less than the highest ethical standards in the police force and rigorously enforce a zero tolerance policy towards corruption.

The country must adopt a strategy of preventing police corruption and changing the culture of the force while arresting and weeding out bad officers. This strategy should contain procedural safeguards of how to prevent corruption as well as plans for educating the public how to fight corruption and enlist its support in combating the vice.

Additionally, the government should launch a campaign to promote integrity, honesty and professionalism in the force.
Tenth, police corruption is rooted in recruitment. When corrupt means are used to join the force, officers march out of Kiganjo Training College with an avaricious appetite for bribes.

Dishearteningly, President Kenyatta, in an ill-informed reaction to the Garissa terrorist act on Thursday, has ordered those who had been mendaciously recruited in July 2014 to report for training immediately, despite a ruling that the recruitment was tainted with corruption, irregularities and violations of the Constitution.

This directive is not only a blow to the war against corruption but also a boost to impunity. It also institutionalises corruption in recruitment of officers and inspires them work corruptly.

Unless the police rot is dealt with, honour restored and Kenyans respect the force, statements of fighting corruption will remain hollow. Interior Cabinet Secretary Joseph Nkaissery and the IG of Police must send a clear signal that it is not business as usual by investigating, arresting, convicting and imprisoning corrupt officers.

Their success in enforcing the law would be determined by their success of transforming it from a criminal force into a disciplined and law-abiding one.

They must relentlessly pursue corrupt officers. Otherwise Kenyans will have no option but to stand up for their constitutional rights and fight police harassment and mistreatment.

 Prof Ngulia is a security expert. [email protected]