Via Ndungu Wainaina · The new Policing and Law Enforcement System provided by the Constitution People of Kenya have suffered enormously in the hands of criminals and police in equal measure. In their great wisdom through the constitution of Kenya 2010, the People of Kenya decided to ensure their safety and security is guaranteed. Tragically, the country suffers from acute new wine in the old wine skin syndrome. The country needs new people with new thinking and mindset both in institutions and offices established by the Constitution. One such institution is the National Police Service. People of Kenya took concrete constitution and legal provisions to transform the Police in order to serve them better. However the persons serving in the Service are the old wine skin, who unless transited might cause busting leading to loss of the new wine. What steps did Kenyans boldly take to transform the colonial relic style of police and policing? 1. Established a credible, impartial and professional National Police Service with fully constitution insulation, independence autonomy and legal amplitude to deliver on its core constitutional mandate. National Police Service and other security organs are constitutionally subordinate to Civilian Authority. 2. Created institutions and offices observing principle of shared powers among and between to enforce check and balances and accountability. These are National Security Council dealing with overall security policy and supervisory role, National Police Service Commission handling human resource management and oversight of the national Police service, and office of the Inspector General of Police exercising independent command of the national police service 3. Constitutionally secured the security of tenure of the holder of the Inspector General of Police. This is ensured the office and holder of that office is fully protected and insulated from interference, direction and /or control while performing the functions of that office. The security of tenure is Four Years non-renewable. 4. While performing the functions nobody can issue directive to the office of the Inspector General unless on matter of policy, which must be in writing, either from Cabinet secretary responsible for security and or Director Of Public Prosecutions 5. The office of the Inspector General of Police exercise independent command of the National Police Service through assigning and or deploying police officers to perform specific task(s) of investigating offence(s) and enforcement of law against individual(s). As such, the office of Inspector General of Police in cooperation with National Police Service Commission is expected to develop a detailed National Police Service operational manual and regulations to ensure smooth fulfillment of the mandate of the Service and accountability procedures of the officers. 6. The National Police Service enjoys legal latitude to conduct intensive crime investigations, research and gathering of criminal information. If in course of performing this function the Service finds that the offence(s) and/or individual(s) will require detention of person beyond stipulated time and or searching a residence, Kenyans granted the Service a legal avenue of seeking court clearance in way of filing an urgent application before a judge or Chief Magistrate, who will interrogate the facts and issue appropriate directives. This balances suspect(s)’ legal rights and national interests. 7. Kenyans further facilitated the office of the Inspector General of Police and National Police Service to perform its work successfully by creating space for coordination, cooperation and collaboration between the Service and office of the Director of Public Prosecutions. This is to ensure the case management including evidence compilation and prosecution meet the prerequisite and sufficient threshold expeditiously, professionally and efficiently. 8. National Police Service Commission was given, by Kenyans, core mandate of building a national police service that enjoys high level of professionalism, dignity, accountability and legitimacy with right management. It is the responsibility of the Commission to ensure officers serving in the service are treated with dignity, fairness and equity including facilitating proper professional career growth, appropriate welfare and good terms of service. It must enforce effective oversight and discipline of the Service without discrimination and or prejudice. It is the responsibility of the Commission and office of the Inspector General to do thorough needs assessment of the Service and prioritize to ensure it delivers mandate effectively. The Commission and office of the Inspector General are mandated to prepare the detailed budget of the National Police Service and seek funds from the National Parliament. The Commission and Office of the Inspector General are further expected to provide detailed account of the budget expenditure and audit performance to the Parliament. 9. Kenyans constitutionally established national police service distinctly autonomous security organ with its own independent command. It is not part of national administrative structure and as such cannot get directive/ orders from administrators. It derives its authority from the people of Kenya and the Constitution. Its command and orders are from the office of the Inspector of Police. The National Police Service is therefore expected to decentralize establishing a new elaborate policing and law enforcement structure framework operating from the lowest level of the County up the office of the Inspector General of Police. The Office in Charge of the National Police Service at the County is the Accounting officer responsible for policing and security matters of the County. He/she is a key pillar of the County Policing Authority working very closely with the Office of the Governor. Ends
Posted on: Sat, 29 Mar 2014 07:39:27 +0000
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