What is the state of police accountability in Kenya? This report from the Commonwealth Human Rights Initiative examines the development of the Kenyan police force and the legal and political context within which it operates to assess the likelihood of progress toward a more democratic and accountable police service. It concludes that while Kenya’s police force currently falls well short of the standards of democratic accountability, the country is ready for and capable of effective police reform.
The Kenyan police force has historically been used a political tool. Indeed, interference by politicians into police operations is officially sanctioned in law. As a result, a culture of corruption, impunity and violence pervades the police force, undermining citizen trust and respect for the rule of the law. Further deficiencies include the lack of adequate transparency within the police force, with secrecy frustrating reform efforts; the lack of political will at key points in the government blocking the reformist agenda; tight restrictions on civil society preventing it from playing a more effective role in pushing police reform; and uncertainty about roles and responsibilities among different branches and agencies of the justice system causing confusion and inefficiency
To reform its police force, Kenya must build upon a framework based on principles of accountability, where clear standards are established and appropriate sanctions put in place for those who transgress. The police should be accountable both to the government and to the citizens. Reform must be comprehensive to be effective, encompassing all sectors and actors within the justice system. Several challenges emerge, however, when implementing reform within the Kenyan context:
- Previous attempts at reform have been stalled or actively prevented from succeeding, leading many to doubt the potential for progress.
- Existing external accountability mechanisms have been allowed to languish, undermining people’s confidence in such systems.
- Existing system for processing citizen complaints is completely opaque and unresponsive, again undermining support for similar accountability practices.
- Police working conditions are detrimental to morale and are not conducive to developing a sense of professional pride. Specifically, honesty is not sufficiently rewarded.
Given these challenges, efforts at restoring democratic ideals and introducing true accountability in the Kenyan police force should begin with the basics. Legislation is a good starting point, but it must be supported by the introduction of mutually reinforcing mechanisms to ensure adherence and sustainability. Progress will be gradual; therefore commitment must be assured and long term in scope. Key recommendations for reforms include:
- Undertake and implement legislative reforms: Review all laws related to policing to ensure clarity of roles, responsibilities, and standards of ethics. Also emphasize the right to information to reduce the culture of secrecy.
- Establish and strengthen independent mechanisms for accountability: Set up an external complaints body to handle police malfeasance while strengthening the independence and capabilities of senior leadership and existing mechanisms.
- Implement operational reforms: Codify better standard operating procedures for policing and improve the welfare of police officers to reduce the opportunities and incentives for corruption and extortion.
- Build political will: Reform must find support at the top to be effective. Intensive advocacy is needed to convince unresponsive leaders of the need for critical police reform.
