What the police force misses

The recent case of total breakdown of bus in Kapsabet where policemen were physically assaulted, suspects lynched and two children critically injured would not have occurred if the County Policing Authority were already in place.

If there is one thing legal scholars are in agreement over then it about the fact that constitutional pronouncements are but largely theoretical. To infuse life into the paper aspirations needs organization, commitment and continuous zeal. The Constitution of Kenya 2010 is no exception.

Today I turn my attention to police reforms as envisaged in the Constitution and subsequently reduced to enabling legislation. The idea is to take stock of the gap between what we promised and what has been achieved in reality given the environment and possibilities.

Established within the broad understanding of chapter 14 of the constitution, the National Police Service is under duty to protect and secure us while guarding our rights, freedoms, property, peace, stability, prosperity among other national interests. While in pursuit of the above the service is, like all other security organs at all times under and "subordinate to civilian authority." 239(5)

In an attempt to ensure that the service is alive to the Bill of Rights and adheres to the rule of law, democracy, human rights and fundamental freedoms; Parliament established the Independent Policing Oversight Authority Act (no. 35 of 2011). Popularly known as IPOA, it is the place of refuge for members of the public and even police who feel they have been hard-done by their employer.

IPOA's recommendations on police operations in Mpeketoni during the first major terrorist attack and its review of Usalama watch operation in Eastleigh were far reaching and transformative. The authority also went to court to protest the botched police recruitment exercise undertaken sometime last year. The courts eventually cancelled the results of the recruitment.

IPOA also threatened to sue the Inspector General should he have attempted to admit the recruits while the matter was still pending in court. In the end, this curious and dangerous presidential edict never came to pass. Sometimes the law can work when aroused from slumber.

As we talk, scores of policemen are being prosecuted due to a litany of misconduct including illegal use of fire arms. The script always is that you engage in misconduct at your own peril. IPOA is watching.

Yet so far, this is a small part of the story. The silver bullet in bringing the police under civilian oversight is the County Policing Authority as per the National Police Service Act. As per section 41 of the Act, this body shall be headed by the Governor or a member of the county executive committee appointed by the Governor.

In total the committee is composed of 13 members six of whom are appointed by the governor from the business sector, community based organization, women, and persons with special needs, religious organizations and the youth. The rigorous recruitment procedure, to be carried out by the County Public Service boards is elaborately spelt out within the Act.

The National Police Service Commission in consultation with the Cabinet Secretary shall issue and publish in the Kenya Gazette guidelines to operationalise this authority. Nobody quite knows or is willing to point out why this has not been done. But even more worrying, very few counties have undertaken the arduous task of nominating and appointing the six members.

To get a feel of how transformative this authority would be, we delve into its functions at some length. It shall develop proposal on priorities, objectives and targets for police performance in the county; monitor trends and patterns of crime in the county besides giving progress reports on achievement of set targets. Even more relevant, it would facilitate public participation on local policing policy.

If one was looking for evidence of whatever good was accomplished by the coalition government, such laws are a good answer. Written during a rare period of enforced bipartisanship, they were the high watermark of compliance with the Constitution.

Governors must get to work and ensure that this law comes into operation. It is not enough to claim they are being frustrated by Nairobi while they have not even nominated those to sit in the County Policing Authority. The radical re-organization wrought by the constitution requires revolutionary mindsets to make them come to pass.

In sum, a reformed police force and an overhauled Judiciary sit squarely at the centre of our Constitution.