ROD

CRIMINAL JUSTICE SYSTEM IN KENYA: An Audit
(PRIC). Officers investigate crimes and gather and protect evidence. Law enforcement officers may
arrest offenders, give testimony during the Court process, and conduct follow-up investigations
if needed. The role of police in case management is to ensure as stipulated under the National
Police Service Act, that the Police execute all their functions, including the arresting duties, in
accordance with Article 244 of the Constitution as well as the Bill of Rights.
The promulgation of the Constitution of Kenya introduced significant changes in the policy,
legislation and institutional structures towards police reform and significantly enhance police
accountability. Some of the key changes include the establishment of the National Police Service
(NPS), that merged the Kenya Police and the Administration Police under one command which
was the newly created office of the Inspector General; the National Police Service Commission
(NPSC) tasked with developing training policies, advising on salaries and remuneration of the
members of the Service, overseeing recruitment and disciplinary matters and the vetting of the
members of the National Police Service (NPS) and the establishment of a specific body mandated
to deal with complaints against the NPS.
Some of the key developments include the establishment of Internal Affairs Unit a unit of the
Service which shall comprise of; an officer not below the rank of assistant Inspector-General who
shall be the Director; a deputy director; and such other staff as the Unit may require. The functions
of the Internal Affairs Unit shall be; to receive and investigate complaints against the police; to
promote uniform standards of discipline and good order in the Service; and to keep a record of
the facts of any complaint or investigation made to it.
The police are the gate keepers of the Criminal Justice System. They investigate cases reported to
them, arrest, may caution an offender (as provided in their standing orders), accord diversion or
prosecute as may be appropriate. It is worth noting that not all cases may be investigated as per
the police’s discretion and prosecution occurs where there is reasonable suspicion and evidence.
Community policing is a new strategy that relies on public confidence, citizen empowerment and
co-operation to prevent crime and make residents secure.
In the year 2012-2013, the National Police Service recorded the following results. A total of 221,478
crimes were reported of which 68,257 constituted serious crimes. A total of 71,924 crimes were
investigated, 59,424 arrests were made and 54,368 cases prosecuted. Some 14,905 ended
in convictions. However, a large number of cases (29,192) taken to Court by the police were
pending. Dismissals account for 2,627 cases, acquittals 4,327 and other disposals 3,851. 128 In
respect of the police, it was found that excessive arrests, lack of knowledge of the law, lack of
prosecution skills, poor coordination and lack of supervision by the Office of the Directorate of
Public Prosecutions (DPP) contribute to delays in case flow management.
128 Judiciary (2013)State of the Judiciary Report, page 17
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