Less than a week since the resignation of the former inspector general of police, Japhet Koome, Amnesty International and other organizations called on President William Ruto Wednesday to hold a competitive recruitment process for the the next inspector general (IG) and restore the role of the National Police Service Commission (NPSC) in recruiting all senior police officers. They also urged the establishment of a culture of command responsibility to ensure accountability for human rights violations committed by police officers.
In a press statement, the organizations reminded the government that Kenyas struggle for democracy, the rule of law and human rights has been marred by gross human rights violations. They also highlighted the legislative developments that have contributed to the erosion of police independence, accountability and the spirit of the constitution. Previously, Section 12 of the National Police Act mandated the NPSC competitively advertise, shortlist, interview and recruit the IG following parliamentary vetting. However, this was altered under the Security Laws Amendment Act, 2014, which gave the president sole authority to nominate the IG for parliamentary vetting, bypassing the NPSC. The amendments also changed the process for removing the IG from office. Due to the lack of public accountability, the country has experienced widespread cases of police corruption, extortion, criminality and widespread human rights violations, especially during protests.
Amnesty International has therefore called for the appointment of an inspector general who will not only exercise independent command over the National Police Service but also perform any other functions as prescribed by national legislation as stipulated under Article 245 (2)(a) and (b) of the Constitution of Kenya, 2010. Some of the qualifications listed to be met by an appointee include being a citizen of Kenya, holding a degree from a university recognized in Kenya, and meeting the requirements of Chapter Six of the Constitution, among others. The groups have urged the president to consider competitively appointing a civilian to head the National Police Service.
The organizations also called for the establishment of a culture of command responsibility. The groups lamented the lack of accountability, which has aided the police in using unlawful force against protesters and members of the public during protests in recent years. In the recent anti-finance bill protests, the latest report on July 16 by the Kenya National Commission on Human Rights (KNCHR) indicated that a total of 50 people had died and 413 were injured countrywide. Moreover, 682 cases of abductions and arbitrary arrests were reported. Most of the deaths and injuries reported were directly connected to police brutality, raising questions on the issue of extrajudicial killings in the country.
Previously, as deputy president, Ruto had expressed his concerns about the level of incompetence and lack of proper decision-making within the office of the IG. Even though then IG Hillary Mutyambai has long been replaced, similar challenges such as abductions and police brutality have persisted.
To minimize human rights violations, the groups have called for police leaders to be held criminally liable in line with the principle of command responsibility, especially where the violations committed satisfy the threshold of international crimes under the International Crimes Act (2008). In cases where the violations do not meet the threshold of international crimes, they have proposed prompt, independent, transparent, effective and thorough investigations be conducted to identify individual perpetrators and hold them criminally accountable.
The organizations stated:
We strongly urge the Office of the Director of Public Prosecutions (ODPP), the Director of Criminal Investigations (DCI), and the Independent Policing Oversight Authority (IPOA) to adhere to their mandates and urgently investigate and prosecute police officers and their commanders who have violated Kenyans’ rights during the ongoing protests. It remains a matter of public concern that no single officer, as yet, has been arrested for the arbitrary arrests, abductions or unlawful killing of Kenyans in recent weeks.
Currently, the president has appointed the former deputy-inspector general of the Kenya Police Service Douglas Kanja as the acting IG, awaiting the appointment of the next IG. The statement was signed by the Civic Freedoms Forum (CFF) and Police Reforms Working Group-Kenya, which consists of other lobby groups.
