Crafty State officers plot to take control of police

Top government officials keen on controlling the police have made fresh recommendations that will greatly change the structure and operations of the National Police Service.

The fresh proposals come only 14 months after President Uhuru Kenyatta announced a Sh25 billion reform package that, among other things, changed the police architecture and command.

The honchos have come up with proposals which they hope will see government officials regain control of the police and security management in their areas of command.

The architects of the new scheme hope to create new positions in government for officials working under the Office of the President who will oversee the running of national government affairs within the counties.

The Bill proposes the creation of a new position and Office of the National Government Administrative Officer (NGAO).

The holders of this office will be the overall boss in the running of national government functions across the 47 counties.

The NGAO officers will also chair security committee meetings and also command police officers working under them.

These individuals will have powers to even take action against police under them besides chairing committees that will address disciplinary issues relating to the officers.

Compromise independence

The draft Bill titled Police Service Act (Amendment) Bill 2019, if passed, will reverse the changes announced by President Kenyatta that moved police officers from the control of civilian officers such as District Commissioners and Provincial Commissioner in the old order.

The new proposal, seems to re-introduce DCs and PCs through the back doors.

”From the face of it, it looks like we are going back to the old order. It looks like the government was not ready for police reforms right from the start,” said Mr Demus Kiprono of Amnesty International and who is a member of the Police Reform Working Group.

Independent Medico Legal Unit’s Carol Tunnen warned the changes were meant to usurp police powers.

“Bringing NGAO officers to manage the police will compromise the independence of the National Police Service. Let the National Police Service Commission to do the work of disciplining police officers.”

In the changes announced last September, Uhuru redefined the roles of the police units such as the AP and Kenya Police (regular police).

The president announced that the AP service under the command of Deputy Inspector General Noor Gabow and whose numbers were scaled down to 45,000 officers will be responsible for border patrols and security of all government buildings and installations.

The regular police under the command of Deputy Inspector General Edward Mbugua was to take charge of general security and safety duties while DCI under the command of George Kinoti will be responsible for all investigations of crimes.

The presidential directive removed the police from the control of national government officials including DCs, chiefs and PCS who in the old order had control over police affairs.

The directive, among other things, freed police officers from the control of government administrators including County Commissioners and Regional Co-coordinators.

Previously, these national government officials managed and supervised the operations of Administration Police officers in their area of command.

But the draft Bill proposes that NGAO officers will oversight of all government projects in their areas of command including chairing security meetings. NGAO officers will also superintend on police officers working under their area of command.

Their work will include supervising police operations, commanding police chiefs working under them and take disciplinary action against them.

The operatives hope that the Bill, once approved by Parliament will give powers to the NGAO officers to have a say on security management at different levels of government.

The authors of the Bill hope Parliament will amend sections six and also amend sections 41, 42, 43 and 44 of the Police Act to achieve their agenda. They want these clauses amended to read:

“The Cabinet Secretary shall, in Consultation with the President and the Chair of the council of Governors, establish and gazette County Policing Authorities.”

Further they want Section 95 of the Principal Act amended to give the NGAO officer powers to oversee security operations in their areas of command.

This is likely to create a conflict with constitutional bodies such as the National Police Service Commission which is mandated to oversee disciplining of police officers.

The Bill further proposes that police chiefs will report to the NGAO officials in their area of command.

“It establishes vital linkages between the service and communities through the civilian oversight role of the National Government Administrative Officers in line with article 239(5) of the Constitution of Kenya “

 “The Bill does not affect the functions of the County Governments and is therefore not a Bill concerning counties for purposes of the Article 110(1) Standing Orders,” a clause in the Bill states.