Kenyan Police Reforms: Pitfalls and Entry Points
In 2002, the Kenyan government’s Standing Committee on Human Rights stated: “Despite public statements from the Commissioner of Police on efforts to reform the Police Department and to deal firmly and effectively with police officers who have committed abuses, the disciplinary sanctions imposed on officers found guilty of brutality are frequently inadequate. Officers are rarely prosecuted for using excessive force. Investigations of numerous cases alleging torture… revealed that the “Code of Silence”, in which officers fail to report brutality, destroy evidence or threaten witnesses in an effort to cover up abuses, commands widespread loyalty, contributing to a climate of impunity”.
In early 2003, Kenya began to address its need for substantive security sector reform. Backed by a new political regime, a five year Strategic Plan was initiated to reform Kenya’s Regular and Administration Police departments; an Illicit Arms Management and Control Plan was established; and a Roadmap for a new constitution was published.
However, due to political infighting a 2004 draft constitution adopted by the Constitutional Conference to overhaul archaic governance structures – including the security sector – was hijacked by a political faction and mutilated. Yet the Kenyan people made clear their views by rejecting the reform in a referendum, then going back to the polls in December 2007 to elect a new regime to better execute the reform agenda.
Following a disputed election with widespread irregularities, violence broke out around the country. Kenyans resorted to extra-legal means to attempt to reverse a subversion of democracy. By February 2008, more than 1300 people were killed – a third of these deaths attributed to extra judicial killings by police officers. More than 500,000 other people were forcefully displaced from farms, homes and businesses, largely because the state security agencies had ignored intelligence reports of impending widespread violence. NGOs and hospitals reported that over 1000 women and girls were raped. Again, state security agencies were noted as being involved in committing these crimes.
These police actions highlighted that Kenya’s poorly governed and politically partisan security sector was the weakest link in efforts at entrenching democracy and the rule of law.
Following the restoration of stability, a year later the country is again trying to introduce reforms targeting the electoral system, Judiciary, National Assembly, Civil Service and National Police Service, as well as the overhaul of the constitution. Notably, there have been widespread calls for a comprehensive transformation of the governmental structure; this being essential in order to allow a professional and independent police service to support democracy and the rule of law.
Reforming Kenya’s police will require challenging political, legislative, institutional and strategic decisions. A probable starting point is ensuring police accountability to both the law and the people, and not to partisan regimes. The police themselves recognise the rampant abuse of power, corruption and criminality, and the lack of discipline. In 2004, 53 per cent of police personnel surveyed by Kenya’s Security Research and Information Centre considered themselves only ‘averagely accountable’, with 14 per cent defining themselves as being ‘low in accountability’. This agrees with the perceptions of 64 per cent of the population who consider the police low in accountability.
On the 4th September 2008, the Minister of State for Provincial Administration and Internal Security established the Police Oversight Board, demonstrating the highest possible political commitment to police reform and accountability. The Board is a semi-autonomous body answerable to the state through the Minister.
The Board has stated that there is need for an independent body with a powerful investigative role in complaints against the police, probably an Independent Police Complaints and Conduct Commission. Already, through technical partnership arrangement with PeaceNet-Kenya, the Board has commenced policy research and a legislative drafting process that aims to establish an independent police oversight body. There are also plans to undertake a nationwide civic education programme on police reform with specific focus on police conduct and accountability.
For further information, please contact: Philip Onguje, PeaceNet-Kenya & Chevening Fellow, University of Birmingham. PeaceNet-Kenya is a national network of NGOs working in the fields of peace and security in Kenya.
Useful links for Kenya
- BBC Country Profile: Kenya
- United Nations in Kenya
- African Security Sector Network
- ArmsNetAfrica
- The Security Research and Information Centre (SRIC)
- Kenyan National Security Intelligence Service
GFN-SSR Document Library
The Document Library contains links to a number of SSR related documents either focussing specifically on SSR in Kenya looking at the country alongside others as a case study. A selection of these are listed below:
- Implementing Community-Based Policing in Kenya
Author: Saferworld | Claire Hickson (2008)
Community-based policing (CBP) is an approach to policing that brings together the police, civil society and local communities to develop local solutions to safety and security concerns. This paper, published by Saferworld, assesses outcomes of and lessons learned from two CBP pilot programmes in Kenya. CBP improves public trust in the police, cooperation between police, citizens and community and stakeholder capacity for security sector reform (SSR). - Police Commissioners, Presidents and the Governance of Security
Author: Alice Hills (2007)
Who governs Africa’s police? This article published in the Journal of Modern African Studies uses the role of Africa’s chief police officers to explore the relationship between presidents and their police, and the location of influence within the police. It identifies the significant variables shaping police governance in four countries with comparable institutional structures in Ghana, Kenya, Uganda and Zimbabwe and confirms the negligible role played by public accountability.
- Peace, Security and the African Peer Review Mechanism: Are the Tools up to the Task?
Author: Steve Gruzd (2007)
Is the African Peer Review Mechanism (APRM) an effective instrument for promoting peace and stability in Africa? How successfully does it address the links between peace, governance and development? This article from The African Security Review critically examines how the APRM self-assessment questionnaire covers conflict detection and prevention. Reviewing the first three APRM country reports, from Ghana, Kenya and Rwanda, it questions whether the APRM is an effective instrument for promoting peace. While the APRM could be useful in describing sources of conflict and tension, Africa should not rely on the APRM alone to prevent conflict. - The Private Security Challenge in Africa: Problems and Options for Regulation
Author: Andy Bearpark | Sabrina Schulz (2007)
Do private security companies (PSCs) help or hinder development in Africa? This research by the British Association of Private Security Companies (BAPSC) suggests that PSCs can contribute to improving the security situation in African societies and promote economic development. However, there must be enforceable regulation and private security shouldn’t further damage social cohesion by becoming a commodity that only the wealthy can afford. Without access to security for all members of society development will be illusory. - Political Islam in Kenya
Author: Bjørn Møller (2006)
Is the Muslim population of Kenya becoming more radicalised? What is the potential for the development of Islamic terrorism and increased religious conflict in the country? This paper by the Danish Institute for International Studies examines the historical and current situation of the significant Muslim minority in Kenya. It argues that although there is a potential for Islamic revivalism, there is little evidence for growing radicalisation or pro-terrorist attitudes among the Muslim population of Kenya. The key issue in addressing Muslim grievances, and preventing any possible radicalisation, is the problem of the political, social and economic underdevelopment of the Muslim-populated provinces. - Electoral Systems and the Protection and Participation of Minorities
Author: Andrew Reynolds (2006)
In every successful case of peaceful and democratic conflict avoidance in the world, minority communities have been included and protected by the legislative process. This report by Minority Rights Group International focuses on the electoral system and makes a number of recommendations for best practice in minority representation and electoral system design. The participation of minorities in the legislative process at the stage of electoral reform is a key tool, both in peace building and in future conflict prevention. - Developing a strategy to respond to the Government of Kenya’s disarmament programme
Author: Joseph Hongo | Alex Nyago (2006)
In May 2006, the Government of Kenya (GoK) launched a large-scale military operation to disarm communities in northern Kenya. What are the major concerns, challenges and opportunities associated with the GoK’s approach to disarmament? This report from Saferworld and the Great Lakes Parliamentary Forum on Peace – AMANI Forum, summarises the issues discussed at a meeting on the GoK’s disarmament programme in northern Kenya. Discussions highlighted concerns about the GoK’s method for implementing disarmament, its impact on communities and the need for a multi-faceted approach to gun ownership.