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Home»Document Library»Security Sector Reform and Transitional Justice in Kenya

Security Sector Reform and Transitional Justice in Kenya

Library
International Center for Transitional Justice Kenya
2010

Summary

What is the state of security and the security sector in Kenya? What approaches for security sector transformation are desirable for Kenya and how might they be pursued? This paper synthesises findings from a workshop on ‘Security Sector Reforms in Kenya: Evaluating Progress, Catalyzing Transformation, Forging Political Will’. It finds that reforms have tended to be inadequate and ineffective because of an underlying assumption that the only problem is a lack of capacity and resources. The SSR debate in Kenya is still embryonic, and security sector players and policymakers are yet to see the benefits of a broader, strategic engagement with civil society groups. Such groups may need to reconsider their confrontational stance on security matters and to think critically about what they bring to the SSR debate.

The post-election crisis has highlighted the need to review governance in Kenya as it relates to security, human rights, the rule of law, and democracy. The cornerstones of this ongoing reform process are the interlinked issues of transitional justice and constitutional change. The two processes are running concurrently, as stipulated by Agenda IV of the Agreement on the Principles of Partnership of the Coalition Government (popularly known as the National Accord). Agenda IV sets out a long-term national reconciliation and healing process. It also mandates the coalition government to enact a new, democratic constitution before the next general election, and to reform state institutions, including security sector and criminal justice institutions.

Security sector reform (SSR) is especially urgent as the Kenyan security sector has been involved in many of the country’s human rights problems. Successful SSR implementation will partly depend on whether the state actually punishes human rights violations and corrupt acts committed by security personnel. So far, however, the slow pace of reforms in Kenya’s criminal justice system continues to shield abusive personnel.

In 2003, the government initiated a relatively extensive SSR process that targeted the Kenya Police. However, reforms have been implemented on the false premise that there was nothing fundamentally wrong with the philosophy, structure, and set up of Kenya’s security sector.

  • Police officers’ welfare, including remuneration, terms of service, and housing have improved somewhat, although improved performance seems lacking.
  • The National Task Force-steered police rebranding program has improved the police’s public relations capacity but how much its public image has actually been transformed is unclear.
  • The National Comprehensive Community-Policing Programme has increased citizen and police cooperation, but its implementation suffers from conceptual confusion.
  • National debate on SSR suffers from insufficient media access to accurate SSR information.

SSR objectives and an ensuing strategy ought to result from a national dialogue and consensus on security governance that is carefully tailored to the specific context. Thus, comprehensive SSR cannot take place without the input of the diversity of society’s members. Politicians and the greater Kenyan community will need to work together in advocating for, implementing, and monitoring SSR initiatives. Civil society groups and development partners can play a critical role in facilitating this collaboration. It is necessary to:

  • Publicise the idea of SSR and its links to issues such as human rights, justice, peace, and development. Broadening security sector planning (to emphasise the idea of policing budgets as opposed to police budgets) could enable other sectors of government to complement the work of traditional policing agencies more effectively.
  • Use the media to create public understanding and participation on security issues. Civil society groups should develop a strategic outlook in their engagement with the media on SSR issues.
  • Invest in generating local knowledge on security. Research institutions in Kenya need to work with civil society groups to assist them to improve their conceptual understanding of security.
  • Fill knowledge and information gaps about the role civil society groups have played or can play in security governance.

Source

International Center for Transitional Justice Kenya, 2010, 'Security Sector Reform and Transitional Justice in Kenya', ICTJ Briefing, International Center for Transitional Justice, New York

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