Kimaiyo seeks powers over police commission

By Cyrus Ombati

Nairobi, Kenya: Inspector General of Police David Kimaiyo wants the law to be amended to give his office executive powers over the National Police Service Commission (NPSC).

The IG wants his office to, among others, recruit, promote and transfer police officers. He wants such powers to be removed from the police commission, of which he is a member and be put in the office of the IGP.

Kimaiyo wants the quorum of meetings of the commission to be increased to seven from the current five, which means if he and his deputies who are ex officio members do not attend sessions, the commission cannot function.

In a memorandum to the Commission for the Implementation of the Constitution (CIC) dated March 28, Kimaiyo indicated he wants NPSC to delegate powers to recruit, appoint, promote and transfer officers of the rank of Assistant Superintendent of Police.

The law says the commission may delegate to the concerned IG the recruitment, appointment and promotion of police officers under the rank of sergeant. “Insert a new subsection to the following effect. The commission shall delegate to the Inspector General the exercise of disciplinary control over members of the service below the rank of assistant superintendent of police,” read part of his recommendations.

Current provision

Kimaiyo further wants NPSC to hear and determine appeals from members of the police service above the rank of Chief Inspector and delete the current provision that states the commission will hear and determine appeals from all police officers.

Mr Kimaiyo’s recommendations are part of wider schemes aimed at amending sections of the National Police Service (NPS) and NPSC Acts in a bid to weaken the commission’s mandate. This has elicited protests from some police officers and members of the commission who term the move unconstitutional and ill intentioned and want stakeholders to join in opposing the plans.

“Their move negates against Section 10 of the Constitution on national values and hence they are illegal. They want to kill devolution, avoid public participation and take us back to bad laws at large,” said a member of the commission who asked not to be named.

Further, Kimaiyo has recommended that two new ranks be introduced into the current structure. He wants the rank of Senior Assistant Inspector General of Police and that of Police Commander introduced.

The current structure includes Inspector General of Police, two deputies for both services, Assistant Inspector General, Senior Superintendent of Police, Superintendent, Assistant Superintendent, Chief Inspector, Inspector, Senior Sergeant, Sergeant, Corporal and Constable.

Kimaiyo wants the rank of Senior Assistant Inspector General of Police be between deputy Inspector General of Police and Assistant Inspector General of Police. He further wants the post of Police Commander be between Assistant Inspector General of Police and Senior Superintendent.

Work experience

Kimaiyo has further made a raft of recommendations on the General Service Unit (GSU) and how he wants it to function. Anyone wishing to be commandant of GSU must be a police officer and have 10 years experience.

The police boss wants his deputies to be appointed for a term of five years renewable and eligible for reappointment for a further term.

He also wants his office, and not the National Security Council, to have powers to determine the number of officers to be in the police service. It is CIC that started the campaign on the pretexts that the current status undermines implementation of Articles 238, 245 and 246 of the Constitution.

“CIC notes the urgency required in addressing the possible overlaps and ambiguities in the aforementioned Acts that may undermine the implementation of Articles 238, 245 and 246 of the Constitution.

“It is our proposal that the amendments to those Acts be prioritised and tabled in Parliament as soon as possible,” says part of a letter by CIC vice-chairperson Elizabeth Muli dated March 12.

In a letter dated February 22, CIC chairman Charles Nyachae notes their meeting agreed through possible amendments to the NPSC and NPS Acts on the general necessity to clarify the mandates of the NPSC, NPS, IG and the Independent Police Oversight Authority.

“The meeting agreed on the necessity to ensure independent command of the IG and to ensure the service remains a disciplined force,” reads part of the letter.

The officials proposing the changes do not want the commission to exercise the disciplinary control over persons holding or acting in offices in the service and instead want NPSC to, among others, ensure compliance with prescribed disciplinary procedures and guidelines by the IG.