By Cyrus Ombati

Kenya: The National Police Service Commission has formed a nine-member sub-committee to guide them on issues of transfers, promotions and discipline.

The team will also advice the commission on the pending ranking system, vetting of all senior police officers and other human resource related matters.

The members include three commissioners from the commission, three senior officers from regular police and others from Administration Police.

The move by the commission followed previous haphazard decisions by police bosses to move officers contrary to the law and without involving NPSC.

Chairman Johnston Kavuludi and his deputy Esther Colombin revealed there are pending mass transfers and promotions of officers of various ranks.

“We are working well as a commission and have met our goals. Our reform agenda is on course and we hope we will meet all the targets,” said Ms Colombin.

The two, however, protested what they termed as interference and attacks from the Commission for the Implementation of the Constitution (CIC), which they argued has been acting as their prefect.

They took issue with CIC chairman Charles Nyachae who they claimed is leading in a campaign to repeal sections of the National Police Service and the NPSC Acts in a bid to weaken the commission’s mandate for unknown motives.

“He should know he is a chairman of a commission just like us and must stop acting like a prefect. We know what the law says and are adhering to it,” said Kavuludi.

Ms Colombin said Mr Nyachae has been issuing statements to suggest there are divisions in the police commission and told him to keep off.

Nyachae, however, denied he is meddling in the affairs of the commission.

They added they have formed more sub committees including finance and administration, legal, research policy, discipline, and programmes and media outreach to advise them on various related matters.

The two officials who addressed a press conference in Nairobi said the vetting of senior police officers and collapse of some of the scrapped ranks will start by June.

“We have formed the operating tools and are now ratifying them before they are rolled out. We are working as a team including the Inspector General of police and his deputies,” said Colombin.

CIC wants the changes on the pretexts that the current status undermines the implementation of Articles 238, 245 and 246 of the Constitution. But NPSC says the claims are false.

“CIC notes the urgency required in addressing the possible overlaps and ambiguities in the aforementioned Acts that may undermine the implementation of Articles 238, 245 and 246 of the Constitution.”

“It is our proposal that the amendments to those Acts be prioritized and tabled in Parliament as soon as possible,” says part of a letter by CIC vice chairperson Elizabeth Muli dated March 12.

In a letter dated February 22, Nyachae notes their meeting agreed through possible amendments to the NPSC and NPS Acts on the general necessity to clarify the mandates of the NPSC, National Police Service (NPS), IG and the Independent Police Oversight Authority (IPOA).

“The meeting agreed on the necessity to ensure independent Command of the IG and to ensure the service remains a disciplined force,” reads part of the letter.

Part of the changes that the officials want effected are on the provisions that give the commission powers to keep under review all matters relating to policies and standards or qualifications required of members of the service.

The officials proposing the changes do not want the commission to exercise the disciplinary control over persons holding or acting in offices in the service and instead want NPSC to among others ensure compliance with the prescribed disciplinary procedures and guidelines by the IG.

Further, the team wants the commission to receive regular reports from the IG on disciplinary matters and review or ratify action taken by the police boss. 

The Nyachae team wants the provision that gives the commission powers to monitor the operations of the service to ensure efficiency and effectiveness of the service and quality and standard rendered be deleted in totality.

The group has also proposed for the changes in the law on the provisions of recruitment, appointment, transfer, promotion and disciplinary process.

Further, they want to delete the word ex-officio on the side of the IG in relation to the quorum of any meeting and ensure he or his deputies are present for any gathering of the commission to be effective on matters to do with recruitment, appointment, transfer, promotion and disciplinary.