Police reforms delayed as 2012 polls beckon

By David Ochami

Less than two years to the 2012 General Election, police reforms recommended by the Waki Commission remain a mirage.

This is despite public pledges by the police high command, the Attorney General, and the Minister for Justice. The Waki Commission recommended demilitarisation of the police force and separation of its functions from public prosecutions and investigations. The team also called for a special local tribunal to try masterminds of the 2007/2008 post-election violence, and investigate the role of security forces.

Failure to establish the local tribunal in six months as recommended by the commission, was the first phase by vested interests and anti-reform forces to stall police reforms.

Tribal passions, refusal to foster justice in any form and some genuine fears in Parliament, stalled the law prepared for the tribunal early last year.

Consequently, former UN secretary general Kofi Annan handed over names of key suspects in the violence and evidence gathered by the Waki Commission to ICC Chief Prosecutor Luis Moreno-Ocampo for further action.

Some critics of local trials felt that a tribunal in Nairobi or within Kenya would destabilise the county. The same fears have been revived as Ocampo named six suspects to the ICC Pre-Trial Chamber.

The Kenyan case at the ICC is historic because for the first time, the ICC prosecutor is pursuing a case on his own motion or initiative, amid sustained efforts to block his investigations. Ocampo has also alleged that some suspects have tried to bribe and threaten witnesses.

And the process initiated by the Waki Commission appears muted with the political landscape set to change after Ocampo named six key suspects of the mayhem.

The procrastination has delayed police reforms, which are two years late according to the programme set out under the Agenda Four items.

A programme released by the Justice Ministry early 2008, says police reforms were to be completed by late last year.

Besides demilitarising the force by outlawing its leadership by military people, the Waki Commission proposed unification of the regular and Administration Police units.

Executive interference

The commission said the force should be reformed to render it independent from the Executive and make it more humane and subject to civilian oversight. It was recommended that police should, in future, foster independent investigations.

However, instead of beginning to reform the force as recommended by Justice Philip Waki team, the President’s office created a taskforce led by a retired judge to recommend adoption of the commission’s recommendations. A second taskforce was then created to implement findings of the first task force.

This has led to unexplained delays with critics arguing the taskforces were created to undermine police reforms.

Opponents of effective reforms survived the Constitution reform process since the new charter retained the two police formations.

The new Constitution calls for creating of two separate formations, but under the Inspector General of Police.

Significantly, in a deliberate effort to stem Executive interference and foster police accountability, the President is not directly in charge of the police force.

Although the President names the Inspector-General, Parliament must approve the nominee.

The Inspector-General also need not be a policeman or woman, according to the new Constitution, and some senior police officers have been trying to change that.

Meanwhile, a multi-sectoral committee has come up with Bills proposing a civilian police oversight mechanism, independent coroner’s office to manage all ‘mystery’ deaths, among other key reforms.

But it is not known when these Bills will be brought to Parliament.