Administration police to lose identity, autonomy in new reforms

The recent security sector changes announced by President Uhuru Kenyatta mark a defining moment for the Administration Police (AP) that has for almost 90 years largely operated independently from the Regular Police.

But under the ongoing reforms that streamline the National Police Service command structure, the AP could eventually lose its identity and independence.

Its existence can be traced back to the period before 1929, when a group of local warriors would accompany chiefs or prominent individuals as bodyguards.

Because of their vague roles, the colonial government decided to organise them as assistants to gazetted headmen in accordance with Section 5 of the Native Authority Ordinance and named them ‘Tribal Retainers’, according to documents in London reviewed by the Sunday Nation.

They were found in every district, where they also served as messengers between the district officer and native authorities.

RECRUIT

On July 8, 1929, their position was regularised through the enactment of "Tribal Ordinance, 1929", which gave them the status of public servants, conferred the powers and protections accorded to members of Kenya Police, and also provided for their organisation and further development.

Their name was also changed from "Tribal Retainers" to "Tribal Police". The responsibility of recruiting fit men into the force was conferred on district commissioners.

Those recruited would serve three years and were permitted, subject to satisfactory reports being obtained, to re-engage for further periods of three years up to the age limit of 50.

Initially, their salaries came from Central Revenue but they were later paid from local funds as servants of the authorities in the grassroots.

Whenever they were stationed in an area because of misconduct by the “natives” — according to the colonial authorities — their cost was chargeable to the inhabitants.

While the Kenya Police were restricted mainly to the policing of townships and settled areas, Tribal Police, working directly under the Provincial Administration, were restricted to rural areas.

REFORMS

In 1943, however, it was decided that the Kenya Police should also work in the rural areas and eventually take over from the Tribal Police.

The objective of this long-term policy, which is almost replicated by the current reforms, was not only meant to expand the Kenya Police, but also its integration and acceptance in areas occupied by Africans.

The policy was to be implemented in three phases: establishment of police stations in every district, supplying enough African personnel and absorption of most tribal policemen into the Kenya Police.

However, the implementation of the second phase resulted in an overlap of the duties as both the Tribal and Kenya Police were supposed to maintain law and order, preserve peace, prevent and detect crime and arrest offenders.

This overlap was initially theoretical. The Tribal Police were mainly concerned with offences against the Native Authority Ordinance, African District Council By-Laws and tribal custom, whilst the Kenya Police dealt mainly with offences against the Penal Code and other legislation of a more general application.

ROLES

But after the declaration of the State of Emergency, the resultant financial strain and the need to supplement the Kenya Police necessitated what was called “overlapping offences”.

In March 1956, the Governor upon receiving complaints from the Commissioner of Police, who was being incited by the London-based Inspector General of Colonial Police, directed the Emergency Joint Staff Committee to review the existence of Kenya Police and Tribal Police throughout the colony, and their relationships.

As a result of preliminary discussions, the Emergency Joint Staff concluded that the existence of the two forces could not be settled until the fundamental principles of their relationships and responsibilities were agreed.

It was therefore decided that the respective functions of the Kenya Police and the Tribal Police must be clearly be defined to avoid any overlap of functions and friction.

The Emergency Joint Staff further recommended that the definition should be effected immediately to ensure good relations between the forces and with the population so that when some Mau Mau detainees were released in March 1957, the security situation would be handled easily.

On February 28, 1957, the Colonial Governor issued a directive concerning division of functions between the Kenya and Tribal Police.

OFFENCES

He told the Attorney General to give direction on which offences the Tribal Police could investigate and bring to trial in African Courts, and those it had to report to the Kenya Police.

Sir Richard Catling, the Kenya Police Commissioner who appeared excited by the consideration given to his complaint, wrote to the Inspector General of Colonial Police in London saying:

“In February last year, after having given me my ‘rocket’ for exploding a ‘bomb’ under the Ministry for African Affairs, the Governor issued a directive on this matter.”

The AG, on September 1, 1957, clarified that the Tribal Police could investigate and prosecute offences such as trespass to burial places, committing common nuisance, being idle and disorderly, spreading infection, negligent acts, common assault, unlawful use of vehicle, obstructing court officers, theft and stealing stocks.

However, they had to report to the Kenya Police offences against the Penal Code such as insult to religion, disturbing religious assemblies, wounding religious feelings, unlawful wounding, aggravated assaults, attempts to commit arson, setting fire to crops, attempts to set fire to crops, injuring animals and neglecting to prevent a felony.

Although their duties were more restricted than before the emergency, there was no question of abolition as suggested in the 1943 policy.

TRIBAL GUARDS

The argument was that the force was the executive arm of the district administration and its members had a thorough knowledge of the people, tribal customs, and the areas in which they worked.

Abolishing it “would result in a breakdown of the Native Authorities”, according to the documents.

On the other hand, the Kenya Police was a specialist force which had very few local Africans in any district and had a large European inspectorate.

Governor Baring, although supporting the retention of Tribal Police, thought a change of name was necessary in future.

“The use of the word ‘Police’ in the designation of two different forces under separate administration, direction and discipline is open to objection and is liable to give rise to misunderstanding, a change in the name of Tribal Police is, therefore on these grounds desirable,” he argued, suggesting “Tribal Guards” as an alternative.

NAME

In 1958, the Tribal Police was transformed into the Administration Police by an Act of Parliament and its officers began receiving professional training.

More reforms were undertaken after independence. For example, the commandant was an appointee with a background in public administration unlike before when the Minister for Native Affairs was the automatic commandant.

Nonetheless, over the years the Administration Police has gone through significant changes with the latest announcement by President Kenyatta writing another chapter in their history.

The writer is a journalist and researcher based in London.