Untitled - Africa Centre for Open Governance
Untitled - Africa Centre for Open Governance
Untitled - Africa Centre for Open Governance
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These laws provide an overall framework that could lead to the re<strong>for</strong>m and trans<strong>for</strong>mation of the<br />
criminal justice system. The creation of the Independent Policing Oversight Authority, <strong>for</strong> example,<br />
will provide much needed accountability and monitoring functions over the Police Service through<br />
civilian oversight. 22 The laws will also affect the management of the Police Service, through the<br />
introduction of a single police command structure headed by an independent Inspector-General<br />
of Police, who will be appointed under the advice of the Police Service Commission as well as the<br />
trans<strong>for</strong>mation of the police, from a ‘<strong>for</strong>ce’ into a ‘service’. 23<br />
In addition to the bills passed by Parliament, a vetting process <strong>for</strong> senior police officers commenced<br />
in June 2011 in line with the recommendations of the Ransley Report. A panel drawn from the<br />
Public Service Commission, Police Re<strong>for</strong>m Implementation Committee, the Kenya Anti-Corruption<br />
Commission, National Security Intelligence Service, Administration Police, Kenya Police and the<br />
University of Nairobi began to interrogate the officers of the rank of superintendent and above. The<br />
process was, however, faulted <strong>for</strong> lacking transparency and clear criteria <strong>for</strong> determining suitability<br />
of the officers to continue serving in the police <strong>for</strong>ce or their fate if found to be unsuitable. 24 In<br />
July 2011 it was suspended altogether due to the lack of legislation to guide it 25 and the delay in<br />
setting up of the body tasked to undertake the vetting, the National Police Service Commission.<br />
Since then, there have been disagreements between the two Principals as to the persons who<br />
should be nominated to <strong>for</strong>m part of the Commission as well as complaints from sections of the<br />
public on the same issue. 26<br />
22 Sections 6 and 7, Independent Policing Oversight Authority Act, The functions and powers of the Authority allow it<br />
to investigate and act on complaints received from members of the public.<br />
23 Irene Ndungu, “Police Re<strong>for</strong>ms in Kenya Crucial to Restore Public Confidence”, Institute <strong>for</strong> Security Studies, Pretoria,<br />
South <strong>Africa</strong>, October 2011.<br />
24 International <strong>Centre</strong> <strong>for</strong> Transitional Justice, “One Year Since Promulgation: Assessing the Re<strong>for</strong>m Process in the new<br />
Constitutional Dispensation”, The Kenya Transitional Justice Brief, Vol. 1 No.2 (August 2011)<br />
25 Cyrus Ombati, “Ongoing police vetting suspended indefinitely”, http://www.standardmedia.co.ke/InsidePage.<br />
phpid=2000038628&cid=4, (July 2011)<br />
26 Caroline Wafula, “Groups demands fresh vetting of police service team,” Daily Nation 25 April 2012.<br />
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