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POLICE REFORMS IN KENYA BY NYAMORI

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					NYAMORI VICTOR-Police Reforms

INTRODUCTION
“Effective disciplinary systems within the police should be a first-order priority in democraatic reforms”1 The above statement connotes the seriousness that is due to this issue. It depicts the fact that for any democratic society to exist, an effective disciplinary system must be in place to check the Policing machinery. If this is not done the perception is that the democratic process will either fail in totality or will be very hard to implement hence, the pivotalness of this issue.

The functions of the Police are to maintain law and order, preservation of peace, protection of life and property, prevention and detection of crime, apprehension of offenders and enforcement of all laws and regulations.2 In view of the aforementioned functions, one realizes that most of the members of the Police force have lost focus of their function in the society and need a refresher course or axing from the force.

In the above vein Chapter One of this research looks into the historical background of the Police Force in Kenya and also the historical background of Police impunity so as to have a better understanding of the factors that can‟t be eliminated in this complex problem, the Police and the Impunity being wedged by the Police.

Chapter two then goes ahead and analyse the legal and institutional frameworks in place to govern and put the Police force in Kenya on check. It critically focuses on the Kenya Police Act, The Constitution, and The Kenya Police Oversight Committee, The KNCHR and other Domestic Laws and institutions. Emphases are laid on these pivotal statutes and institutions solely for the reason that they are the backbone of the checks of Police impunity.

Chapter three then tries to look at factors which might tend to push the Police to act with impunity. These factors include poor pay, long working hours, lack of adequate facilities and many more. This will give us a more informed overview of the problem
1

Bayley (2001), Democratizing the Police Abroad, National Institution of Justice, US Department of Justice, Washington pp. 40-41 2 Section 14(1) of the Kenya Police Act Chapter 84 of the Laws of Kenya.

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NYAMORI VICTOR-Police Reforms and thus give us more chances of coming up with functioning solutions to this problems.

Finally, chapter four gives a well informed conclusion and recommendations which stipulates succinctly what reforms have to be made to stop this culture of impunity in the police force and how to curtail it culmination.

CHAPTER ONE
1.0 HISTORICAL BACKGROUND OF THE POLICE FORCE. In order to understand the present policing situation we have to first make an appraisal of the background that lead to the status quo.

Policing in Kenya commenced during the colonial era. Britain decided to contract Imperial British East African Trading Company to run the region for them.3The company then went ahead and established an administration with an armed security force in 18964 and thus the birth of policing in Kenya. This armed security force was governed by Indian police statutes, giving it a quasi-police status.5

During the 1880s, the British Colonial Office had virtually taken over the administration of Kenya from the IBEA Company. The commissioner in-charge was given the right to establish a police force.6During this period there was an upsurge of uprisings against the colonial masters and thus there was need to establish a police force to trim down the tentacles of the culprits behind the uprisings.

In 1906 the Kenya Police was established under the Police Ordinance and later in 1911 a Police Training School was established.7In 1920, the modern Kenya Police was founded. Africans were recruited to fill only the lowest ranks of the force. During this time the Police fundamentally served as a tool of the colonialist and which led to
3

Ghai & McAuslan (2003), Public Law and Political Change in Kenya, Oxford University Press, Nairobi and New York pg. 4 4 Clayton & Killingray (1989), Military and Police in British Colonial Africa, Ohio University Press, Ohio. 5 Police legislation was passed in India in 1861. It was a colonial law that reinforced British rule in India, and was based on regime policing practises. 6 Ibid No.1, pg.37 7 Kenya Police (2004), Kenya Police Reports Framework June 2004, pg.7

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NYAMORI VICTOR-Police Reforms them being described as “a punitive citizen containment squad”.8From this period onwards the Police force so a steady expansion programme being implemented to serve better the settlers populace and thus, the formation of the Criminal Investigation Department, Fingerprints Bureau, Kenya Police Reserves, The General Service Unit and the Police Air Wing.9

After the attainment of independence in 1963, the independence Constitution had included provisions designed to establish a professional, neutral police force. This provisions had been captured by the Kenya Police Act Chapter 84 of the Laws of Kenya but some provisions were amended to the detriment of the purpose the were enacted for by unscrupulous leaders over the years especially between 1966 to 1989.

1.1 HISTORICAL BACKGROUND OF POLICE IMPUNITY. Police impunity can be traced to the emergency period during the colonial era (19521960). A state of emergency was declared in October 1952 to January 1960, during this period the army took over from the Police as the primary law enforcement agency.10 Albeit this was the case, the Police also played a pivotal role because they were also part and parcel of the security force used during the emergence period.11 During this period the citizenry with the exclusion of the white settlers were arbitrarily arrested and detained without trial, tortured, others raped and to some extremes killed.

The Kenya Police Reserve, The Special Branch and C.I.D were at the forefront of police brutality and misconduct.12 The Special Branch was in charge of the Mau Mau Investigation Centre outside Nairobi, which was a specialized torture centre where those suspected of serious involvement in the insurgence were sent.

After the emergence of independence most of the Police stooges in the above period were retained and thus, it went without saying that the culture of impunity was inevitable to continue unless there was political good will to holt it.
8

Ruteere & Pommerolle (2003), “Democratizing Security or Decentralizing Repression? The Ambiguities of Community Policing in Kenya”, African Affairs, Volume 102, 587-604 9 Mulei, Theories on the Role and Function of the Police, University of Nairobi, Nairobi 10 Elkins (2005), Britain‟s Gulag: the Brutal End of Empire in Kenya, Jonathan Cape, London pg 37 11 Ibid No8,pg 44 12 Ibid No.8,pg 84

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During the mid 1980‟s the government after instituting a series of amendments on our constitution to the detriment of democracy and constitutionalism,13 saw the raise of resistance within the civil society. During this period, if you were suspected to be part of this resistance you were round up and taken to either Nyayo or Nyati Houses-the Special Branch headquarters.14 Here they were tortured to admit offences they had not committed.

Political assassinations were also hallmark of Police brutality. The Police were often implicated in the deaths of men and women who opposed the government, or in the cover up of those deaths. In 1975, a senior G.S.U officer picked up J.M. Kariuki, an assistant minister in Kenyatta‟s cabinet, whose vocal criticisms of corruption within the government cost him friends in high places even the president himself. He was never seen alive again; his mutilated body was found 7 days later. In 1990, the body of Robert Ouko, a foreign affairs minister who had fallen out with Moi‟s government, was found badly mutilated and burnt. The Police were accused of assisting with the cover-up of his death and were charged with tampering with the scene of crime, illegal surveillance and witness intimidation.

During the 1992 elections, the then ruling party KANU won amidst claims of voter intimidation and violence being carried out by the Police.15This behaviours continued in the next successive election which the also won.

13

In 1964 amendments consolidated powers into the hands of the president, who become the head of the executive as well as the head of state, This amendments to the constitution continued and finally reduced the parliament to a „rubber stamp‟ of the executive. In 1982 the infamous Section 2A amendment of the constitution was passed, which turned Kenya into one party state. In 1986 and 1988 the security of tenure of the Attorney General and judicial officers had been removed respectively and judicial independence compromised. 14 Kairuki (1999) “Torture-Move to End Enduring Evil by Police”, The Sunday Nation, 9 May 1999. 15 See Commonwealth Secretariat (1993), “Presidential, Parliamentary and Civil Elections in Kenya, 29th December 1992: The Report of the Commonwealth Observer Group”, Election Observer Group Reports, London and the Nation Election Monitoring Unit, Nairobi, pg 1003

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NYAMORI VICTOR-Police Reforms

CHAPTER TWO
2.1 LEGAL & INSTITUTIONAL FRAMEWORKS. The legal and institutional frameworks in place are very pivotal in determining if an act of impunity being portrayed by any member of the Police force goes unabated or not.

In the above vein, it is very prudent to critical analyse the utility of these legal and institutional frameworks in place to counter acts of Police impunity.

2.1.1 LEGAL FRAMEWORKS.
i.THE CONSTITUTION OF KENYA.

„This Constitution is the Constitution of the Republic of Kenya and shall have the force of law throughout Kenya and, subject to section 47, if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.‟16

It is very prudent to base as our start point with the above quotation so as to capture the fundamental importance of this piece of legislation. Chapter V of this Constitution deals solely with the protection of fundamental rights and freedoms of individuals and this is what we will focus on.

Section 70 states that no one will be discriminated in the protection of his or her fundamental rights and freedom unless subject to the limitations stated by the Constitution itself. Everyone is accorded the right to life17 and thus anyone who deprives you of this right will have committed a crime unless the deprivation was done in the manner prescribed in Section 71(2) (a) to (d).18 Thus, the extra-judicial killings being perpetuated by the police unconstitutional.

16 17

Section 3 of the Constitution of Kenya. Section 71 of the Constitution of Kenya. 18 These are; for the defence of any person from violence or for the defence of property, in order to effect a lawful arrest or to prevent the escape of a person lawfully detained, for the purpose of suppressing a riot, insurrection, mutiny or in order to prevent the commission by that person of a criminal offence or if he dies as the result of a lawful act of war.

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NYAMORI VICTOR-Police Reforms

No one should be deprived of his personal liberty save as may be authorised by Law.19 Therefore the fact that the police nowadays arrest people without probable cause surmounts to deprivation of a constitutional right hence a crime.

Torture and inhuman treatment goes contrary to the Constitution and this provision has no limitations thus, no one can be treated in inhuman manner or tortured under the pretext of any Law.20

Without express acceptance of the owner of a certain property to search his premise, the Police have to furnish him or her with a warrant to effect the search. This to is a constitutional right.21

No one should be deemed to be as a suspect unless tried in a competent Court and found guilty of the offence or he actually pleads guilty of the offence.22 The Police have made it a habit to execute people who are deemed to be suspect, For example, Chemorei; an Inspector of Police was shot dead by about 20 police officers on suspicion that he was the leader of a gang that often robbed banks. He was shot dead at his Kitale home without any warning of him to surrender or identify himself.23This goes contrary to the vein of this provision.

ii.KENYA POLICE ACT CHAPTER 84 LAWS OF KENYA.

This is the primary Act that governs the Police force. It stipulates measures that are supposed to be undertaken in case of any misconduct by the members of the force and it also gives guidelines on the members of the force on how to conduct themselves in the course of their duty.

Section 14(1) of the Act gives the functions of the police to be the maintenance of law and order, preservation of peace, protection of life and property, prevention and

19 20

Section 72 of the Constitution of Kenya. Section 74 of the Constitution of Kenya. 21 Section 76 of the Constitution of Kenya. 22 Section 77 of the Constitution of Kenya. 23 See full stories on Daily Nation and Standard of 20 th February, 2005

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NYAMORI VICTOR-Police Reforms detection of crime, apprehension of offenders and the enforcement of all laws and regulations. This function does not include acts of impunity.

The Police force should be impartial and objective in all matters and in particular political matters and shall not accord different treatment to persons on the basis of their political opinions. Further no Police officer shall subject any person to torture or any other inhuman or degrading treatment and any member who contravenes these provisions is guilty of a felony.24

Albeit this is the case, the police continue to torture and treat suspected criminals in inhuman manner in a bid to get confessions. Monitoring by Kenyan civil society groups point to use of torture by the Police. For instance in 2003 the Independent Medico Legal Unit (IMLU) documented 358 cases of alleged torture.25In 2003-2004, the Kenya National Human Rights Commission received 24 complaints of torture and 43 complaints of Police brutality.26These numbers have steadily risen to alarming figures today. In 2000, the then United Nations Rapporteur on Torture, Sir Nigel Rodley concluded that the use of torture by Law enforcement officers in Kenya was „widespread and systematic‟ and that there was a general expectation of impunity amongst law enforcers.27 This year again the United Nation Rapporteur on extra judicial killings, Prof. Philip Alston having met over 100 witnesses who gave strong evidence made him conclude there were „systematic, widespread and carefully planned extrajudicial executions‟ on a regular basis by the Police28. This report serves as evidence that torture and extra-judicial killings are very rampant in Kenya.

Section 34 of the Act states that any gazetted officer or inspector may arrest without warrant, or order the arrest without warrant of, any police officer (not being a police officer of a higher rank) who is accused of any offence against discipline, and any police officer may, on receipt of any such order, apprehend such police officer

24 25

Section 14A of the Kenya Police Act Chapter 84 of the Laws of Kenya. Independent Medico Legal Unit (2003), Under the Mask of Democracy, Nairobi 26 Kenya Human Rights Commission (2005), 2005 Annual Report, Nairobi pg15 27 United Nations (2000), Untitled, 6th April 2000 http://www.unhchr.ch/huricane/huricane.nsf/veiw01/6DC7D1B632E9DAD0802568B9004F826E?open document as on 20th March 2009 28 For full story see Cyrus Ombati and Isaac Ongiri, „Police Killings: Envoy wants Wako, Ali sacked‟ The Standard dated February 26th,2009

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NYAMORI VICTOR-Police Reforms without a warrant, and shall forthwith bring him before a gazetted police officer or an inspector, who may confine such police officer in any building set apart as a guard room or cell. This apparently is supposed to enhance the discipline levels of the Police officers.

Any inspector or subordinate officer who sells, pawns, loses by neglect, makes away with or wilfully or negligently damages any arms, ammunition, accoutrement, uniform or other article of personal issue, or any vehicle or other property committed to his charge belonging to the Government or for which the Government is responsible, may, in addition to or in lieu of any other punishment or penalty, be ordered to make good either partially or wholly the value of such property or the amount of such loss or damage, as the case may be, and the amount of such value or of such loss or damage may be recovered by stoppage from his pay or from any other amount owing to him by the Government.29 This makes them behaviour in a discipline in regard to government property. Section 61(c) states that any person who/tries to induce or does any act calculated to induce any police officer to withhold his services shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding twenty thousand shillings or to both and in addition, if he is a police officer, he shall forfeit all rights to a pension or gratuity and be disqualified thereafter for being a police officer. This serves to curtail any senior officer in giving orders that goes contrary to the functions of the Police and to the extreme extent criminal in nature. For instance orders such as overlooking certain crimes because the perpetrators are friends of the Commanding officer. For example, Mrs. Hellen Muhonja Maiyo was admitted to hospital on 2nd May 2003 with broken ribs. She claimed a Police Inspector at Kapsokwony Police station in Mt. Elgon District had assaulted her. She had confronted the inspector about the fact that her husband, Constable Philip Maiyo, was regularly ordered by superior officers to take busaa and chang’aa (illegal traditional alcoholic drinks) confiscated from police raids, to a brewer in Kapsokwony town. Constable Maiyo claimed the brewer had the inspector‟s protection.30

29 30

Section 39 of the Kenya Police Act Chapter 84 the Laws of Kenya. Kwalia (2003), „Woman assaulted for exposing brew racket‟, Daily Nation, 2nd May 2003

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NYAMORI VICTOR-Police Reforms The Act does not give any officer immunity from proceedings of any manner provided the proper procedures are followed in instituting the suit or prosecution; this is by virtue of Section 62 of the Act. This tends to give the public the confidence that the Law is impartial and that even the Police officers are no exception if they go contrary to the Law. iii.OTHER DOMESTIC LAWS. The following are other relevant domestic legislations that affect the Police conduct:  The Penal Code: Codifies the behaviour that is considered a criminal offence in Kenya. Notably, the Police themselves can also be prosecuted under the Code, For example, an extra-judicial killing can be prosecuted as murder under the code.31  The Criminal Procedure Code: It sets down procedures to be followed by all criminal justices agencies in Kenya. The Code applies to the Police, Prosecutors, The judiciary and court administrative staff. Police officers can be held accountable by the Court if they do not investigate and process cases in accordance with the Code.  The Evidence Act: It details specific procedures to be followed in relation to Evidence. It states what will be considered evidence in court and is designed to set a standard that all parties are accountable to. For example, confessions are only admissible if made before a Magistrate in Court. This recognises that confessions are too often procured through the use of torture.  Anticorruption and Economic Crimes Act: It expands the definition of corruption to encompass abuse of office, misappropriation, plunder of public resources and conflicts of interest. It also gives rise to the Kenya Anti-Corruption Commission which nubs corrupt individual even the Police this makes them accountable for their corrupt action.  Public Officer Ethics Act: It provides for a mandatory code of conduct for all public servants, including the police prohibiting dishonest, nepotism and conflict of interest.
31

Section 203 of the Penal Code Chapter 63 the Laws of Kenya.

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NYAMORI VICTOR-Police Reforms 2.1.2 INSTITUTIONAL FRAMEWORK 1.THE OBUSMAN. This is a public institution that is tasked with the collection of complaints against public officials and then investigates and come up with recommendations whether to prosecute or not. It is also tasked with the mandate of giving a special audit of incidences of negative conduct by public officers and state which government department is leading with highest number of complaints in a periodical report. This stimulates competition amongst various government department and Ministries hence reducing the rates of impunity amongst Public officers. 2.THE STANDING COMMITEES OF PARLIAMENT. The legislative assemble is by large and far the most instrumental institution that can deal with impunity perpetrated by the Police in a more effective manner. Member of Parliament has many opportunities for Police oversight through question time, annual departmental reviews and by examining policing issues through the parliamentary committee system. During high constitution reform periods they have a golden opportunity to radically reform police systems. During question time is when oversight of the Police can be done very effectively in that it deals with contemporary matters and hence, will be dealing with current state of affairs giving remedy as we go on and it is somewhat instantaneous. Its fundamental nature was depicted in the quotation made by the then Speaker of the National Assemble, Hon. F.X. Ole Kaparo; „Question time in Parliament is not a contest between the Ministers and M.P.‟s. Question time are brought here to redress grievances of Kenyans.‟32 3.KENYA NATIONAL COMMISSION ON HUMAN RIGHT. The KNCHR is the government independent watchdog of human rights violation in Kenya. They are not subject to the government directives and thus act independently. Further, the Commissioners at the helm of the organisation have security of tenure of office hence, impartiality is highly enhanced. The commission has undertook various
32

Parliament of Kenya Hansard, 5th March 2003, pg 268

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NYAMORI VICTOR-Police Reforms steps to make sure human right violation are punished. For instance, in 2004 it initiated civil proceeding against the Police for refusing access to Police cells indicating that it intends to carry out its mandate.33 Since its inception in 2006 the body has proved to be effective being giving impartial utterance and publishing unbiased reports on various issues. More recently it was very instrumental in drafting a Police Oversight Bill, 2008 which is still pending in parliament up to date. Albeit one may think that the KNCHR is a toothless dog one must also agree that the pressure and the influence that it carries is very persuasive. The result being the inception of a Police oversight Committee headed by Retired Provincial Commissioner Peter Raburu. 4.THE KENYA ANTI-COURRUPTION COMMISSION. KACC was a body that was created by the Anti-Corruption and Economic Crimes Act. Its function are to investigate corrupt conduct, economic crime, suppress corruption, address loopholes in anti-corruption legislation34 and to examine the practise and procedure of public bodies with a view to reducing corruption.. It has proved to be very effective in reducing corruption rates amongst the Police force especially the traffic officers. 5.THE KENYA POLICE OVERSIGHT COMMITTEE. This committee was formed by the Commissioner of Police Major General Ali and its core function is to receive complains from the public and investigate and make appropriate recommendation to the Police Commissioner on how to handle these grievances. This is in line with the Kenya Police Strategic Plan 2003-2007. The advantages pegged to such an institution is that it dedicates all its resources towards the Police alone hence, the high chances of doing a very above standard job.

33

Kenya National Commission on Human Rights (undated),‟KNCHR Sue the Police‟ http://www.knchr.org/news.asp?ID=18 as on 20th March 2006 34 Section 7, Anti-Corruption and Economic Crime Act 2003(Kenya)

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CHAPTER THREE
3.1 FACTORS THAT CONTRIBUTE TOWARDS POLICE IMPUNITY 1. CRIME RATE. Kenya is considered one of the most insecure places in the world. It is usually being bombarded by traveller advisory banns from the U.K. and the United States of America for lack of security. Nairobi has been cited as one of the most insecure cities in the world from 2002 to 2008.35 Small arms proliferations through our boarders also are at alarming rates. Hence, the today‟s criminals are more well armed that the Police. In the present, hardly does a day go by without you hearing that a Police officer has been shoot died by armed gangsters. For instance, recently a suspected gunman who allegedly shot a Police officer near Kencom bus stage in Nairobi when responding to a distress call from a woman attacked inside an ATM booth was beaten to death by enraged members of the public.36 These being the case the Police have reverted to shoot-first-then-ask-questions-later policy so as to deter more members of the society from engaging in criminal activities. Secondly, the fact that they are being subjected to a massacre by the criminals they have decided to put into play the doctrine of quid pro quo. 2. SALARIES. The disparities in salaries amongst the public servants are very disturbing. An overhaul of the salaries allocated to the Public servants should be evaluated to cater for equitable salary awarding. A harmonisation of the salaries should be done in view of today‟s living conditions. The difference between the highest paid civil servant and a Police officer is rationalized to 1: 249.2, The Director of the Kenya Anti-Corruption Commission

35

Stavrou, Safer Cities Program (2002), Crime in Nairobi: Results of a Citywide Victim Survey; Safer Cities Series 2, UN Habitat; See also Safer Cities Series 6 36 Joseph Mathenge, Instant Justice, The Standard dated Thursday March 12 th, 2009, Pg 11

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NYAMORI VICTOR-Police Reforms earns 2,500,000/= while a Police Constable earns 18,000/=37, this simply beats logic. How can the Director Earn more than the UN Secretary General who earns 2,350,000/=?38 This is the basic root cause of corruption in the Police force. They are basically towing the line that „It is survival for the fittest‟. The fact that a Police officer wants to get better education for his children, give them a proper accommodation and provide basic needs for them is what drives them to corruption. As much as greed also comes into play one can not deny the fact that the above plays a major role to. 3. PLAYING POLITICS WITH THE POLICE. The Police in Kenya are used as stooges of those in government to the detriment of the rest; this role has yet to change since the colonial periods. It can be construed that whatever the government says the Police follow it as law and yet they have structures in place and a greater purpose to serve to as stated in there functions.39Such interference inhibits the core functions of the police and gives them the go ahead to act with impunity. In Kenya today the executive is in a more conducive position to check the Police but with such play in action no checks can be conducted effectively. 4. INSTITUTIONAL BREAKDOWN. It goes against constitutionalism when one becomes the arresting officer, prosecutor and ultimately the judge of himself. There are no clear guidelines in place to make sure Police impunity are put on check. The fact that fellow officers are the ones who investigates complaints lodged against there colleagues one is left to wonder if a one can actually convict a friend. The above factor has led to the lack of confidence by the citizenry towards the Police and thus fewer complaints are being lodged because people view this to be a waste of time. This action gives rise to a chain that increases the levels of Police impunity.

37 38

Movement for Political Accountability, The Human Rights & Accountability Charters (2008),p.g 4 www.un.org 39 Section 14(1) of the Kenya Police Act Chapter 84 of the Laws of Kenya.

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CHAPTER FOUR
4.1 CONCLUSION. There has been an upsurge of Police impunity in the country but there has not been the goodwill to solve this problem by the stakeholders. For instance, During the PostElection violence a Police Constable Kirui, shoot an unarmed demonstrator and proceeded to kick him at the injured spot, he later died. The live footage of this occurrences were aired by Kenya Television Network and when asked to comment the Police spokesman Mr. Kirithe had the ordesity to state that no action would be taken because for all he knew the video had been doctor to paint a poor image of the Police. He was very outspoken in demonstrating to other members of the force that they can act ultra vire to their mandate and yet the force will be behind them. The establishment of Kwekwe squad and Kanga squad has seen and upsurge in extrajudicial killings. Established to deal with the Mungiki and as a rapid response unit respectively, the later has conducted the death of over 500 Mugiki youths as cited in the KNCHR report40no steps have been taken to deal with the same. Evidence cited by a former Police officer, who has since been killed, implicates high ranking Police official giving orders for extra-judicial killings41, is a very shocking revelation that begs one to ask, if this orders are coming from above and the police are supposed to investigate themselves then how is justice going to be served and yet the decadence goes all through. The culture of impunity amongst the Police force has led to the increase in crime, the violation of human rights, death and above all the derailing of the democratic process in Kenya today. There is no doubt that an overhaul on our policies on the Police should be done. It will be in order to state that the legal frameworks in place to counter Police impunity are adequate enough and what is lacking is the proper institution

40

Cyrus Ombati and Isaac Ongiri, „Police Killings: Envoy Wants Wako, Ali Sacked.‟ The Standard Thursday 26th 2009, Pg 2 41 Ibid,No 40, Pg 2

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NYAMORI VICTOR-Police Reforms frameworks. The factors that act as catalysts in the acts of impunity by the Police should also be looked at. RECOMMENDATIONS. The following are recommendation in countering Police impunity in Kenya:  There should be a constitutional body tasked with the duty of investigating complaints against the police and it should also posses prosecutorial powers so that it can also prosecute the culprits.  The Police should be answerable to the Parliament rather than the executive. Further, the appointment of the Police Commissioner should be done by the parliament and not by the President. This will deter the playing of Politics with the Police Force.  A process of harmonization of salaries amongst public servants in Kenya should be commence and it should ensure that the gap between the lowest paid civil servant and the highest paid does not connote absurdity. Thus, giving the Police force and public servants in general the encouragement that salaries are awarded in a more reasonable manner and in view of economic times and hence, deterring them from engaging in corrupt activities.  The government should also factor in their budgetary allocation to better equip the Police in line with today‟s developments in technology. Further, they should put up for them conducive living structures so as to bust their morale.   The existing institutional frameworks should also be strengthen so as to be able to discharge there mandate in a more effective manner. The judiciary also should also speed up the dispensation of cases so as to curtail the number of criminals being set loose on the grounds that the arresting officer or investigating officer has been transferred and can not make it to court.

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