Masengeli's defiance and pending issues in police service reforms

Fourteen years after the promulgation of the 2010 Constitution, which aimed to bring about transformative police reforms, the country continues to grapple with issues of police accountability, professionalism, and human rights.

Despite the establishment of institutions such as the Independent Policing Oversight Authority (IPOA) and the National Police Service Commission (NPSC) to enhance oversight and human resource management, systemic corruption, nepotism, and abuse of power remain deeply entrenched in the police service.

In the recent past, Kenyans have watched as the acting National Police Service Inspector General Gilbert Masengeli openly defied multiple court orders, a flagrant disregard for the rule of law that raises significant concerns about accountability.

Additionally, allegations surfaced regarding nepotism in the promotion of police officers, with claims that officers with less than five years of service were elevated based on their connections, while others, who have served for decades and undertaken professional development courses, were bypassed. This apparent favouritism has not only raised questions about the fairness of the promotion process but also left long-serving officers demoralised, further eroding trust within the ranks.

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Ironically, these developments occurred against the backdrop of yet another attempt at police reform. The Internal Security and National Administration Cabinet Secretary recently formed a technical committee to develop legislative policies based on the recommendations of the Maraga National Task force on Police Reforms.

Initiated by President William Ruto, this task force was meant to address the persistent issues plaguing the police service. However, after years of reform efforts, which often seem to amount to little more than cosmetic changes, there is a prevailing scepticism about whether these new initiatives will bring about any real transformation.

The history of policing in Kenya sheds light on some of the current systemic challenges. The origins of the Kenya Police Force can be traced back to the late 19th century when the Imperial British East Africa Company (IBEAC) established a security force to protect its business interests along the coast.

As Kenya became a British protectorate and later a Crown Colony, the police force evolved but remained deeply tied to colonial interests. Its primary role was to safeguard the economic and political agenda of the British and it was organised along military lines, trained to control the population rather than serve and protect it.

Even after Kenya gained independence in 1963, the police continued to function as an instrument of the state, prioritising the regime's interests over those of the public.

For decades, police were synonymous with repression, often engaging in unlawful violence with impunity. It wasn't until the 2007-2008 post-election violence that the need for comprehensive police reforms became undeniable.

The violent crackdown on protests and widespread human rights abuses by the police during this period led to the creation of the 2010 Constitution, which sought to redefine the role of the police in a democratic society.

Since then, some progress has been made. Police officers are now more approachable and sensitive to issues such as gender dynamics.

Cases of police misconduct are being investigated, and in some instances, officers have faced prosecution and conviction. However, the deeply ingrained culture of impunity, coupled with corruption and nepotism, continues to undermine these efforts.

The current moment presents a critical opportunity to revisit and deepen police reforms in Kenya. A key area of focus should be ensuring fairness in police recruitment, deployment, transfers, and promotions.

The ongoing allegations of nepotism and favouritism highlight the urgent need for transparency and meritocracy in these processes. Additionally, combating corruption within the police service is essential.

It is crucial to shift the mindset from power and control to service and protection.

The police must be reminded that their primary duty is to uphold the Constitution and protect the rights of all citizens rather than acting as an arm of the government or a tool for personal gain.