Kenya police and APS to be merged in proposal

IPOA Chair Anne Makori (left) with Doreen Muthaura (right) IPOA address the press in a past event. The two noted that the misuse of firearms and the use of excessive force continues to be the biggest challenge facing the National Police Service. [File, Standard]

The Kenya Police Service and Administration Police Service could be merged further and be under the National Police Service and command of the Inspector General of Police.

The report proposes the Constitution of Kenya Amendment Bill 2020, which will lead to total merging the two services.

This means both the KPS and APS will be collapsed into units within the National Police Service to be headed probably by directors.

The new command structure will likely include the IG, a deputy and directors of different directorates.

The Bill proposes the amendment of Article 243 of the Constitution to merge the two services and integrate them into the National Police Service for proper operation and control.

Clause 61 of the Bill proposes, “to amend Article 245 (Command of the National Police Service) to provide clarity on centrality of command control by the Inspector General of Police to the Police Service,” reads the proposed Bill.

The service is currently undertaking a number of reforms. The recent ones included the transfer of more than 24,000 police officers from APS to KPS.

The report further proposes, “the repealing of Article 246 (National Police Service Commission) and replacing it with a new Article, establishing the Kenya Police Council that shall be responsible for overall policy coordination of the National Police Service.”

Further Clause 63 of the Bill proposes to insert a new Article 246A (Independent Policing Oversight Commission) into the Constitution to establish the Independent Policing Oversight Commission.

The Authority is currently a statutory entity and enshrining it as a constitutional commission is expected to enhance its abilities to deliver on its mandate of ensuring effective oversight to the conduct of the members of the police service.

The Bill proposes amendments of Chapter Fourteen of the Constitution on National Security to include the merged constituent units of the National Police Service and provide clarity on the unity of command in the Service.

Investigation capabilities

Clause 59 of the Bill calls for the amendment of Article 240 (Establishment of the National Security Council) to include the proposed Prime Minister as a member of the National Security Council.

The Bill proposes the de-linking of the Kenya Defence Forces (KDF) from the ambit of the Public Service Commission.

Clause 57 of the Bill proposes, “amendment of Article 234 (Functions and Powers of the Public Service Commission) to remove the Kenya Defence Forces as one of the offices in the public service to which the Public Service Commission has no mandate.”

On Directorate of Criminal Investigations, the report calls for strengthening of financial and accounting investigation capabilities of the directorate and implementation of Secure Case Management Database, linking the agency and ODPP.

“Extend forensics investigation and science to every part of the country. Train employees in special advanced courses in criminology, technology, forensics and other technical fields,” says the report.