IPOA taken to task over police brutality on protesters

Activist Boniface Mwangi was hurled into a police vehicle by anti-riot police officers along Koinange Street during anti-government protests on July 25, 2024. [Kanyiri Wahito, Standard]

The Independent Policing Oversight Authority (IPOA) has been put to task by Parliament over its apparent ineffectiveness in protecting public rights against Kenya Police Service officers’ brutality.

The Authority which appeared before the Constitutional Implementation Oversight Committee (CIOC) in Parliament buildings to answer critical questions regarding its role in overseeing the National Police Service found it difficult to explain what it was doing to safeguard citizens.

 The Committee Chaired by Githunguri MP Gathoni Wamuchomba, expressed concerns over the infiltration of the police payroll by unscrupulous companies, the challenges in harmonizing the Administration Police with the Kenya Police Service and the increasing reports of public attacks on police officers.

“We have 61 deaths recorded from the Generation Z protests occasioned by Police brutality, we would like to know what IPOA has done to ensure those responsible for the killings, abductions and violations of human rights during these protests are held accountable,” asked Wamuchomba.

The Githunguri MP raised a red flag regarding the integrity of the police payroll which has reportedly been infiltrated by two companies, leaving 6,860 officers in debt due to exploitation by entities posing as micro-financiers.  

IPOA distanced itself from the issue, stating that payroll matters fall under the mandate of the National Police Service Commission.

Ruto at pains to explain police brutality during demonstrations

The Committee also took issue with IPOA’s communication strategy, particularly during the Generation Z protests and the abduction of various individuals. MPs were troubled by reports of hooded police officers raiding homes, a practice deemed illegal.

IPOA Chief Executive Officer Elema Halake defended the authority against failure to perform its roles stating that such cases often fall under the ‘Multi-Agency approach,’ which obscures the identities of the officers involved, making it difficult for them to take action.

“These operations were not legal and we hope that going forward the National Police Service will abide by a High Court ruling that seeks to end such practices, we are committed to holding the Police accountable when dealing with the public at all times,” said Halake.

The IPOA CEO told the committee that the Authority has only nine regional offices across the country which made their work a bit difficult to keep the Police across the 47 counties in check with numerous cases to investigate which was met with scepticism by the legislators.

Halake advocated for the establishment of an independent forensics lab to prevent the tampering of evidence or biased results stating that this recommendation had received support from the Justice Maraga Taskforce emphasizing that the lab would operate independently from IPOA to maintain credibility.

“We would like to request Parliament to support the establishment of an independent forensics lab to prevent the tampering of evidence which will operate independently from IPOA, this is one of the key recommendations made by the Justice Maraga Taskforce,” said Halake.

Wamuchomba said that the most pressing concerns were related to accountability for the extreme use of force during peaceful protests, the raiding of homes by hooded officers, and the abduction of citizens during the protest period which raised serious concerns among citizens.

Roysambu MP Kamande Mwafrika questioned why IPOA seemed to fail in its role yet its mandate was to oversee the police on behalf of the public asking why the authority has not swung into action, especially with the recent killings during protests.

The Committee expressed dissatisfaction with the authority's perceived lack of accountability and proactivity in addressing the issues facing the Kenyan public wondering whether it was toothless and powerless.