Through the Accelerated Response Initiative against Violence Extremism (ARIVE)program, MIDRIFT HURINET facilitated a forum on National Police Service accountability and trust building with the Independent Policing Oversight Authority (IPOA) and Ethics and Anti-Corruption Commission (EACC).

The forum aimed to enhance the National Police Service's accountability and professionalism and improve citizens' trust in violence prevention.

 Present were officers from different departments of the National Police Service and Kenya Prisons.

In recent weeks, the National Police Service has been accused of Human Rights violations in the manner in which they handled pro-Governance demonstrators in the Country, which has so far led to more than 50 deaths of young people.

The right to demonstrate and picket is protected under Article 37 of the Kenyan Constitution.

This article is part of Chapter Four, which outlines the Bill of Rights.

The Article states;

Every person has the right, peaceably and unarmed, to assemble, demonstrate, picket, and present petitions to public authorities.

This provision ensures citizens can express their opinions and advocate for their rights through peaceful assembly and demonstration, reinforcing democracy and freedom of expression in Kenya.

The relationship between citizens and the National Police Service is foundational to the effective functioning of society. The bad blood between these groups can lead to a host of negative consequences, including erosion of trust, increased crime, civil unrest, economic impacts, and mental health issues. Addressing these issues requires

concerted efforts to build confidence, improve communication, implement fair and effective policing practices, and foster a sense of mutual respect and collaboration between the police and the communities they serve.

Professionalism and law enforcement by Police Officers are foundational to a well-functioning society.

They ensure the fair application of the law, protect human rights, foster public trust, and enhance community relations. A professional police force operates effectively

and efficiently, upholding ethical standards and contributing to societal stability and security. By maintaining high levels of professionalism, police officers can fulfill their duties responsibly, earning the respect and cooperation of the communities they serve.

During the forum, Madam Anna Leinte from EACC asked the Officers about their awareness of the National Values under Article 10 of the Kenyan Constitution.

The Officers knew them and listed Patriotism, National Unity, Equitable distribution of resources, rule of law, democracy & Human Rights, and Good Governance as tenets of the National Values.

This opened the discussions, as Madam Anna expounded on the EACC's mandate and the legal backing it enjoys in discharging its duties.

The Officers felt that EACC was always targeting them and publicizing their arrests more, which affected the Public's perception of their work ethics.

She clarified that the mandates of the National Police Service and the EACC are meant to complement each other.

The National Police Service in Kenya's authority to serve is derived from the Constitution and several Acts of Parliament, which collectively establish its structure, functions, and governance.

The Sixth Schedule of the Constitution of Kenya significantly impacts police officers by mandating reforms, restructuring, and alignment with new constitutional principles. These changes aim to enhance the professionalism, accountability, and effectiveness of the Police Service, ensuring it operates under democratic principles, human rights,

and the rule of law. Through these transitional provisions, the Police Service is expected to evolve into a more transparent, accountable, and community-focused institution.

These legal instruments ensure that the National Police Service operates within a framework that upholds the rule of law, human rights, and democratic principles.

These include;

Constitution of Kenya (2010)

-Chapter 14 - National Security

-Article 238: Defines the principles of National Security.

-Article 239: Establishes the National Police Service as part of the national security organs.

-Article 243: Establishes the National Police Service, including the Kenya Police Service and the Administration Police Service.

-Article 244: Outlines the functions and responsibilities of the National Police Service, including ensuring the safety and security of citizens and upholding the rule of law.

-Article 245: Establishes the office of the Inspector-General of the National Police Service and outlines the functions and independence of the office.

The National Police Service Act (2011)

This Act provides a detailed framework for the organization, functions, and administration of the National Police Service.

Key provisions include:

-Part II: Establishment and functions of the National Police Service.

-Part III: Structure and organization of the Service, including the roles of the Inspector-General, Deputy Inspector-Generals, and other senior officers.

-Part IV: Functions and duties of Police Officers.

-Part V: General provisions regarding the conduct, discipline, and management of police officers.

The National Police Service Commission Act (2011)

This Act establishes the National Police Service Commission, which is responsible for:

-Recruitment, appointment, and promotion of Police Officers.

-Transfer, discipline, and removal of Police Officers.

-Ensuring compliance with constitutional human rights standards and ethics within the police service.

The Public Order Act (Cap 56)

This Act allows the police to regulate public meetings and processions to ensure public order and safety.

The Ethics and Anti-Corruption Commission in Kenya derives its powers from the Constitution of Kenya, primarily from Chapter Six on Leadership and Integrity, and from various Acts of Parliament, including the Ethics and Anti-Corruption Commission Act, the Leadership and Integrity Act, the Anti-Corruption and Economic Crimes Act, and the Public Officer Ethics Act.

These legal frameworks collectively give the EACC the authority to prevent, investigate, and combat corruption and economic crimes and to promote ethical standards in public service.

Armed with this information, the Officers wanted to know why corrupt cases involving the "big fish" are investigated at a "snail's pace."

Madam Anna clarified that every investigation has a process, and the more complex a case is, the more time it takes.

The EACC utilizes a comprehensive approach to gather information on corruption and unethical conduct. By combining public reports, investigative techniques, audits, interagency cooperation, data analytics, and public awareness campaigns, the EACC ensures it has a robust and multifaceted strategy to detect, investigate, and prevent corruption in Kenya.

She informed them that EACC has 11 regional offices covering five counties: Nakuru, Narok, Bomet, Kericho, and Baringo.

Anthony Biwot from IPOA picked up from where Madam Anna left and notified the Officers of the role of the Agency.

The IPOA is established and empowered by the Constitution of Kenya and the Independent Policing Oversight Authority Act of 2011.

These legal instruments provide a robust framework for IPOA to operate independently, investigate police misconduct, and ensure accountability within the National Police Service. The IPOA is critical in promoting transparency, human rights, and professionalism in Kenya's policing.

The IPOA is tasked with several crucial functions to enhance police accountability and professionalism:

-Investigations: Investigating complaints against the police, including allegations of misconduct, corruption, and human rights violations.

-Monitoring: Monitoring police operations and conduct to ensure compliance with constitutional and legal standards.

-Auditing: Conducting audits of police activities, policies, and practices to promote transparency and accountability.

-Recommendations: Making recommendations for disciplinary action, policy changes, and legal reforms to improve police performance and accountability.

-Public Awareness: Promoting public awareness of police accountability issues and engaging with communities to build trust and cooperation between the police and the Public.

The Officers enquired about avenues Police Officers can use to report when wronged by the Public.

Mr. Biwott informed them that Police officers in Kenya have multiple avenues to report different types of cases, ensuring a comprehensive approach to law enforcement, accountability, and oversight.

The structured reporting mechanisms within the National Police Service and external oversight bodies like IPOA and EACC help maintain the Police Service integrity, transparency, and professionalism.

These include Internal Reporting within the National Police Service (NPS), which includes immediate supervisors & commanders and Station Commanders/OCPD.

Police Officers can also report cases to IPOA if they involve severe breaches of conduct or human rights violations by fellow officers. IPOA investigates such cases independently.

At the end of the forum, they agreed that Upholding accountability and trust between police officers and investigative agencies is vital for maintaining the criminal justice system's integrity, effectiveness, and efficiency. It ensures fair and impartial investigations, promotes ethical conduct, enhances public trust, and supports the rule of law.

By fostering a culture of accountability and trust, law enforcement agencies can better serve and protect their communities, leading to a safer and more just society.

By

Jacob Karani