Kenya: A group of civil rights organisations have criticised Interior Cabinet Secretary Joseph Nkaissery's remarks on the Independent Policing Oversight Authority (IPOA) and the National Police Service Commission (NPSC).
The group, under Police Reforms Working Group, argued the remarks suggested the two institutions were civilian authorities that should not command uniformed forces. It termed the remarks as "disturbing" and "dangerous".
"The assertion that NPSC and IPOA are 'commanding uniformed police' is a grave misunderstanding of their roles and functions as well as a denunciation of the need for external, civilian-led, independent oversight of the police," said the group.
Led by Independent Medico Legal Unit's Peter Kiama, they said the remarks were factually inaccurate and contradictory of the Constitution.
"It is also profoundly disturbing that he should be inciting police officers to break the law."
They said there is delimitation of powers between the Inspector General, who is in command of the police and NPSC, which is responsible for recruitment, appointments, transfers and removals of officers, disciplinary control and vetting.
According to them, the delimitation was upheld by the High Court in December 2013. IPOA is an independent external civilian oversight body responsible for investigating and reporting cases of police misconduct.
Kiama added that civilian independent oversight of a police service is a widespread practice in Africa and the world at large in established democracies. "The creation of civilian-led oversight bodies have been the hallmark of systemic police reforms processes in countries making transitions to democracy."
Kiama said through their varying roles, both the NPSC and IPOA ensure that the National Police Service is an independent, accountable, transparent and professional service.
"NPSC and IPOA are there not to constrain, but to empower the police to deliver professional service and live up to expectations of Kenyans. To claim that they are 'an impediment' is therefore dangerous and misleading, particularly when it comes directly from the CS who should be championing these bodies."
After he came to office, the CS took offence with IPOA and NPSC, claiming they were interfering with police operations. He also suggested bringing legislations that may see their mandates drastically reduced.
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