THE NATIONAL COUNCIL OF CHURCHES OF KENYA
 

Unlock Police Reforms Quagmire
 

PRESS STATEMENT
 

Preamble
 

The National Council of Churches of Kenya met for two days between 2nd-4th July 2012, at Jumuia Conference and Country Home, Limuru, to reflect the progress made so far with regard to the Police Reforms. 

We were guided in our reflections by the words recorded in 1 Peter 2: 13 – 15 “Submit yourselves for the Lord’s sake to every authority instituted among men: whether to the king, as the supreme authority, or to governors, who are sent by him to punish those who do wrong and to commend those who do right. For it is God’s will that by doing good you should silence the ignorant talk of foolish men.”

We recognize that for the Kenya Police Service to adequately and efficiently serve Kenyans, a facilitative framework must be provided to them. For this reason, it is of great importance that Kenyans support the Police Reforms for the betterment of our nation.

At the outset, we express our sorrow and pass condolences to the families of all police officers who have died in the line of duty. We especially condole all Kenyans who lost their loved ones during the terrorist attacks at churches in Garissa last Sunday, including two police officers. May God grant you peace beyond measure in your grief.

Progress In Police Reforms

We commend the passage of the National Police Service Act 2011, the National Police Service Commission Act 2011, the Independent Policing Oversight Authority Act 2011, and subsequent appointment of the members of the Oversight Board.

We are however concerned that the delay in the appointment of the members of the National Police Service Commission, the Inspector General and the two Deputies has blocked further implementation of the reforms.

We recognize that the challenges within the Police Services cannot be resolved by institutional, legislative and policy reforms alone. More needs to be done to improve service delivery as well as the welfare of the Police Officers themselves.

Our Recommendations

It is important that the National Police Service adopts the highest standards of professionalism, improves public trust and confidence, embraces ethical values, and is facilitated to do its work. We therefore make the following recommendations:

Recommendations to the Government

1. That the Coalition government urgently appoints a substantive Minister and Assistant Minister for Internal Security and Provincial Administration in view of the security risks facing the country.

2. That the government urgently recruits 30,000 additional Police Officers to improve service delivery.

3. That the coalition government and parliament unlock the deadlock surrounding the appointment of the members of the National Police Service Commission.

4. That the appointment of the Inspector General and his two deputies and the Director for the Criminal Investigations Department be fast tracked.

5. That the government increases budgetary allocation to the National Police Service to facilitate acquisition of appropriate operational equipment, motor vehicles and to finance routine services at the Police Stations around the country.

6. That the government improves transparency and accountability in utilization of resources allocated to the National Police Service.

7. That the government channels resources directly to the Police Stations where they are most needed.

8. That the government develops operational plans to implement the Disaster and Conflict Management Policies.

9. That the Government implements the final phase of the salary increase and improve the housing for Police Officers.

Recommendations to the police officers

1. That all Police Officers embrace Reforms as a way of improving service delivery and regaining public trust.

2. That all Police Officers embrace Community Policing and work with the public as partners in peace and security issues.

3. That the National Police Service develop a common strategy to cope with the ever increasing security challenges, moreso as we face the next general elections.

4. That security agencies develop a joint strategy to deal with the security challenges posed by the terror attacks directed at Kenyans.

Recommendations to Kenyans

1. That all Kenyans support the Police Reform process.

2. That all Kenyans engage in community policing in cooperation with the Police

3. That all Kenyans embrace values that will enhance security and peace at the community level.

Our Commitment

Recognizing the importance of a trusted and effective police service in Kenya, the Church commits to:

1. Cooperate with the police in enhancing security in our neighborhoods.

2. Partner with police stations near our churches in the spirit of community policing.

3. Lobby the government and other relevant stakeholders to ensure that police reforms are realized.

Conclusion

We pray that the Police officers will deliver quality services to Kenyans and that they will be facilitated with
sufficient resources. We urge that the government and all Kenyans will support and cooperate with the police
in their work.

We pray that God will protect all police officers as they work to ensure the safety of all Kenyans.

Signed on this 4th day of July 2012 at Jumuia Conference and Country Home, Limuru.

Oliver Kisaka
Deputy General Secretary

The country is at the tailend of constituting the many constitutional commissions provided for in
the Constitution. These commissions are designed to play a critical role in the management of the country. The rationale for providing for these commissions was a noble goal.

The aim is to delimit and disperse powers previously exercised by the President and bestow the same on independent commissions. The Constitution has assigned these commissions the power and mandate to deconstruct and dethrone the imperial Presidency.

Due to the important roles played by the commissions, their composition and how the members are appointed has been a very contested and tricky proposition. Political and tribal interests have primarily defined the compositions of these commissions. In the process, the independence and calibre of some of the commissions has been watered down.

As a representative of the Judicial Service Commission, I have been privileged to be a member of two panels assigned the task of recruiting members of two commissions dealing with the police force. These are the Police Service Commission and the Independent Police Oversight Authority.

These two commissions will in future play important roles in addressing the historic shortcomings of the police force.

Lately, the matter of the Police Service Commission has been in the news.

Initially, a member of the panel representing the Gender Commission complained that a certain lady’s name was not forwarded to the principals as if the panel was compulsorily obliged!

Now we have the tussle between the office of the Prime Minister and that of the President on whether the latter consulted the former in appointing members of the commission.

The Police Service Commission is a critical organ. It will literally run the police force.

This commission is important to three organs — the office of the President, the office of the Prime Minister and then the Kenyan people. The panel that recruited members of the commission represented these three diverse and at times antagonistic political interests.

The offices of the President and Prime Minister undertook this recruitment in light of their broader national political agenda. Both wanted individuals whom they think will advance
the agenda of their respective offices and political power base.

Both want regional balance but each according to one’s political agenda. These two offices took part in the recruitment exercise in different ways.

First, the office of the Prime Minister was hands-on and very engaged in the process. It took a broader national perspective of the commission’s composition than the office of the President. It supports individuals it thinks will help in the broader reform agenda. Due to the strategy it adopted right from the start, it had a good idea of the final list of members of the commission.

The office of the President has adopted a different strategy. It is laid back and relies heavily on
members of the panel whom it thinks are sympathetic to the agenda of the office. It took a
very narrow vision of regional composition of the commission.

Most importantly, it rarely pursues a viable strategy. It relies a great deal on the strategy that it
can absolutely influence things when the names are finally forwarded to the principals.

This is the problem that currently faces the Police Service Commission. It is quite clear that the preferred candidate of the office of the President for the position of chairperson of the commission hasn’t made it.

Both the Constitution and the Police Service Commission Act are clear on the professional qualifications of the chairperson of the commission. It is also very clear that the President, in purporting to appoint the members of the commission, has failed to strike a fair regional balance. It is thus abundantly clear that the office wants police reforms on its narrow terms.

Ahmednasir Abdullahi is the publisher, Nairobi Law Monthly ahmednasir@yahoo.com

Courtesy of nation.co.ke