Only reforms will end police misconduct

Misfortunes visit not singly, but in droves. This must have rung true to the 18-year-old woman who was recently abducted, raped and luckily released by her tormenters after her employer failed to pay ransom.

As if this experience was not traumatic enough, she suffered further abuse in the hands of female police officers within the confines of a police station where she had gone to seek refuge and justice for her tribulations.

This is not an isolated case, but like many others, it is likely to be overshadowed by the ‘more important’ cases in a country that seems to be reeling from one crisis to another. Consider this, since January, hundreds of Kenyans have lost lives on our killer roads but this is yet to invite even an ounce of ire or concern palpable when the same tragedies befall the high and mighty.

This brings to the fore, once again, the question of police brutality among other misconducts and the urgent need to reform this rogue institution despite their continued resistance. Police brutality has been defined as the excessive use of force by an officer. This can be physical or verbal attacks, and psychological intimidation. Even countries that prosecute police violence have not been spared from this evil attesting to its pervasiveness.

In addition, false arrests, intimidation, political repression, surveillance abuse, sexual abuse and police corruption are some of the elements in the long list of police misconducts. Kenya police have consistently fared worse in corruption and human rights rankings by Amnesty International, the Kenya National Human Rights Commission and the Oscar Foundation.

What with extrajudicial executions, post-poll violence of 2008 where they maimed and killed innocent civilians, yet not even the ones caught on camera were convicted as inconclusive ballistic results were used to exonerate the culprits!

Question no more the public’s antipathy towards a police force that is the manifestation of impunity.

The widespread nature of this problem points to a systemic rather than a case of individual faults qualified under such banners as, behavioural, psychological, or background factors. Inefficiencies in internal accountability and internal investigations, the need to conform to certain ‘police culture’ for example, the unwritten code to protect their own from prosecution, and the unnecessary command and control structures which hamper ethical decision-making are some of the factors that appear to entrench police misconduct.

Stalled reforms

Granted, men and women in blue are legally allowed to use force when appropriate but this must be tempered with the precise assessment of the situation. It is imperative that the police shift from the traditional reaction-based or incident-driven policing models in which they merely respond to calls for service to a more sustainable problem-oriented policing model which is effective in handling community challenges.

The plan to construct the multimillion forensic labs was a move in the right direction but this failed to take off due to corruption.

Even suspects in police custody have a right to legal representation and should be interrogated in the presence of their lawyers and should not be coerced to own up to crimes they did not commit. The police should liaise with the Law Society of Kenya and the office of the Public Prosecutor to make this a reality as provided for in the Constitution.

All factors point to an institution in need of total overhaul, invigorated with new norms, values and structures. The laws of the land are only good as far as their impartial enforcement by trusted and respected force is concerned.

Failure of which, the tag ‘Service for All’ will forever remain misnomer to wananchi.

Police reforms seem to have hit a snag. Of course, for the best practices to endure, it will be prudent for the police officers’ attitudes, knowledge, and behaviour toward reform be assessed.

{Stella Owuor, Kisumu}

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Did author bite more than he could chew?

The intriguing soap opera that is our politics took a dramatic twist in the past week with the eventual launch of the much hyped ‘explosive’ memoir by the abrasive Miguna Miguna.

Earlier excerpts from the Peeling Back the Mask: A Quest for Justice in Kenya highlighted spectacularly perverse and nauseating hypocrisy and gross corruption in the Prime Minister’s office. Hard, cold truths of the PM’s incompetence were laid bare according to Miguna.

He has been incessantly unequivocal that he penned the hard hitting memoir for the benefit of Kenyans though different quarters think the timing is suspect and could very well be a question of settling scores.

However, settling scores or not, that is none of Kenyans’ business provided the truth is told. In light of this, the brilliant lawyer had every right to express himself. I, however, have this sneaky feeling Miguna bit more than he could chew, little wonder he left the country in haste, deep in the night.

Courting disasters

Miguna cuts the image of a not only daring but also brave, battle hardened warrior who won’t be fazed by anything under the skies. He is not your average barrister but a legal genius, an intellectual giant to whom everyone else a stunted dwarf.

His self-confidence is to the extreme, bordering on sheer arrogance and this, perhaps, is what could be informing his abrasive nature which raffles feathers whenever he opens his mouth to speak or picks up a pen to write.

His memoir is a bare knuckle blow, to say the least, to the premier who is the epicentre of the publication. Miguna, in a classic fashion of a whistle-blower, emphatically condemns specific individuals for specific allegations of mega corruption.

This boarders on character assassination in the event that the claims cannot be substantiated and being a legal expert, he ought to have known this better. That this could well attract a defamation suit is to state the obvious. Now with all those individuals he mentioned, some with pretty well elaborate financial muscle to hire the smartest legal brains at their disposal, could he handle all the intense legal battles?

Miguna’s loose tongue on such a sensitive matter as the ICC has potentially landed him in hot soup. Claiming he is withholding some vital information on the ICC cases is akin to voraciously courting disaster. Now he has no option but to come out clean and say the whole truth and nothing but the truth – without being bootlicked!

{Antoney Luvinzu, Kitale}

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Kibaki has no choice but bow to pressure

It is unfortunate the Office of the President opted to override the Attorney General’s counsel against launching an appeal to challenge High Court ruling, which quashed the controversial appointment of 47 county commissioners. More’s the pity, the office descended to entrusting the task to a private lawyer.

Though the President may have the constitutional power to make such appointments, but the gender balance issue and his unilateralism on the matter betrayed him.

Internal Security PS Mutea Iringo’s assurance that made the commissioners feel at home in the office, and the move by OP to sign off on the notice of appeal are enough reasons to hint there is something sinister about the appointments.

It is high time Kibaki broke his silence on this and plucked up courage to bow down to the mounting pressure, and invalidate the appointments, unless there is something he’s hiding in this matter.

{Onderi M Dennis, Ogembo}