If the following facts might have escaped the attention of the powers that be, we shall kindly restate certain inescapable truths.
Firstly, Kenya is officially at war, complete with soldiers and battle tanks, helicopter gunships, bombers, drones, deep inside Somalia in response to Al Shabaab militancy and provocation. And once the Kenya Defence Forces declare Kismayu Mission accomplished, it will fall on the police to secure the porous border points from insurgents.
Secondly, there is perennial flare-up of bloodletting in Isiolo, Mandera, Turkana, Tana River, Meru, and Kuria just to name a few, leaving an overburdened police force severely stretched.
Third, sectarian violence that exploded in Mombasa two days ago has exposed the soft underbelly of how fractious the prevailing peace is. Acts of revenge over the assassination of fiery and controversial Muslim cleric Sheikh Aboud Rogo is merely the excuse rather than the explanation for the fragile national psyche that sees mobs rush to the streets to express displeasure.
Fourth, the country is already in election mode and badly needs a committed, motivated and functional police service. Therefore, concerns that some constitutional provisions have been overlooked and fomented a crisis in the police service need to be addressed urgently.
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Bad news
As Commission for Implementation of the Constitution chairman Charles Nyachae has confirmed that any office that comes into existence by virtue of the new Constitution and requires approval of Parliament must be filled within one year of promulgation of the new laws.
This means the office of the Inspector-General should have been filled by August 27, last year.
That the two principals have failed to agree on a selection panel comprising of one person from each of seven institutions to undertake recruitment of an Inspector-General; Deputy Inspector-General is bad news.
The Independent Policing Oversight Authority (Ipoa) has rightly written to the offices of the President and Prime Minister, informing them of violations of the law by their continued intransigence.
And quite rightly, Ipoa has threatened to take legal action against acting head of Public Service Francis Kimemia and the Permanent Secretary in the Prime Minister’s Office Mohammed Isahakia.
This is hardly the best time to hear murmurs of discontent in the Kenya Police Service and the Administration Police ranks over unpaid allowances and a stalled police reforms.
Even as we dress down the much-maligned law enforcement officers, their right to bear modern arms, access better housing, acquire decent mobility, earn decent salaries, be equipped with modern forensic laboratories for evidence analysis, get paid on time and as promised, should be a non-negotiable matter.
As the men and women at the frontline of insurgents, looters, riotous mobs, directing motorised traffic, monitor hate speech, guard electoral material, guard leaders and collecting intelligence to forestall criminal elements, the police force should be handed a better deal from policymakers and the political elite.
It is of paramount importance that the artificial crisis in police formations be addressed urgently so that there is no breakdown in law and order just because the top leadership and provincial commanders are unsure of their job security and reporting lines.
Attorney General
The Executive must clear the air over the fate of the more than 200 senior officers in both regular and Administration Police affected by the changes in the chain of command under the new Constitution.
Many a time, Mr Nyachae points out various defects and deficiencies in the implementation process, but combined with the legal counsel expected from Attorney General Githu Muigai’s office and the Ipoa’s oversight role, there should be no more jamming of police communications by disgruntled junior officers or a go-slow in times of civil unrest.
The National Police Service is a key stakeholder in development and should be treated with the decency it deserves.
Enough said.