Who controls the police? Battle for Inspector-General's independence

Inspector General of Police Douglas Kanja. [Courtesy]

Kenya is confronting an important constitutional question arising from the contempt proceedings against Inspector-General of Police Douglas Kanja: when does judicial protection of constitutional rights become operational direction of the National Police Service, and when does police operational independence become unlawful?

Article 37 protects peaceful and unarmed assembly. Article 244 requires the National Police Service to comply with constitutional standards on human rights and fundamental freedoms, while Article 24 permits limitations of rights only where prescribed by law and reasonable and justifiable in an open and democratic society. The difficult question is how these protections interact with Article 245, which deliberately places independent command of the National Police Service in the hands of the Inspector-General.