STATEMENT 17 JULY 2024.
Call for the Competitive Recruitment of the next Inspector General
The Police Reforms Working Group (PRWG-K) acknowledges the resignation of the Inspector General of the National Police Service, Japhet Koome, amid the several cases of deaths, serious injuries and abductions in the context of the protests that began as Anti-Finance Bill protests. These protests were marked by several cases of human rights violations by the National Police Service (NPS), including extra-judicial killings, abductions, torture and other ill- treatment, and arbitrary arrests.
In November 2022, following his nomination, the PRWG-K submitted a detailed memorandum opposing the appointment of Former IG Japhet Koome, citing concerns about his integrity and accountability during his time as Nairobi County Commander. These concerns were ignored, and Parliament proceeded to appoint him based on the nomination of President William Ruto.
As the process of appointing the next Police Inspector General begins, it is important to note that Kenya’s struggle for democracy, the rule of law, and human rights has been marred by gross human rights violations. It was the violations highlighted in the Philip Waki Report on Post-Elections Violence and the Philip Ransley Report on Police Reforms which led to the current policing framework under the Constitution of Kenya 2010.
The Waki and Ransley reports and the Constitution advocated for democratic policing focused on community engagement, accountability, professionalism, and human rights. As part of the reforms introduced after 2010, several institutions were established. The National Police Service Commission (NPSC) was established to handle human resources issues and exercise disciplinary control over members of the NPS. The Office of the Inspector General of the NPS was created to lead the Service with an Internal Affairs Unit to receive and investigate complaints and disciplinary matters against the police. The Kenya Police Service and Administration Police Service were made independent, and the Independent Policing Oversight Authority was formed to provide civilian oversight by and investigate serious complaints against police officers.
Initially, Section 12 of the National Police Act mandated the NPSC to competitively advertise, shortlist, interview, recruit the Inspector General following parliamentary vetting. The 2014 Security Laws Amendment Act altered this process, giving the President sole authority to nominate the IG for parliamentary vetting, bypassing the NPSC. The amendments also changed the procedure for the removal of the IG-NPS, leaving the President with little power in law to remove the Inspector-General from office.
This change continues to undermine police independence, accountability and the spirit of the constitution. It has fueled widespread and systemic police corruption, extortion, criminality, widespread human rights violations and lack of public accountability. The Maraga National Taskforce on Police Welfare and Reforms whose report has been submitted to the President recommends the reinstatement of competitive recruitment processes for the IG, Directors of Internal Affairs and Criminal Investigations, and Deputy Inspector Generals of KPS and AP.
We call on His Excellency Dr William Samoei Ruto to act on this recommendation and competitively recruit for the next IG and restore NPSC’s role in recruiting all senior police officers. As provided for under Article 245 (2a and b), the appointment of a progressive Inspector General who will exercise independent command over the National Police Service and perform any other functions prescribed by national legislation remains in the public interest.
The appointee must meet the key qualifications enshrined in section 11 of the National Police Service Act. These include being a citizen of Kenya, holding a degree from a university recognised in Kenya; demonstrated distinction in their career; meeting the requirements of Chapter Six of the Constitution; having served in a senior management position for at least fifteen years and has knowledge and experience in matters relating to any of the following disciplines; criminal justice; policy development and implementation; finance and public administration; strategic management; security; law; sociology; or Government. In line with these key qualifications, we urge the President to strongly also consider competitively appointing a civilian to head the National Police Service.
Accountability for human right violations committed by police officers
The lack of accountability and the belief that their superiors will protect them emboldens police officers to use unlawful force against protesters and members of the public. To break this cycle, superiors must 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). The Baby Pendo case, where a 6-month-old baby was fatally assaulted during a police operation to counter-protests that took place following the release of the results of the 2017 presidential election, is a case in point.
After an inquest, the Office of the Director of Public Prosecutions (ODPP) in 2022 charged 12 senior officers pursuant to the International Crimes Act under the principle of command responsibility. This marks the first time a crime against humanity case has been brought to Kenyan national courts. It is the first case that investigates a crime committed in the context of policing protests under the principle of command responsibility. Tragically, similar incidents have been repeated in the 2023 and 2024 protests, with reports of police officers unlawfully using firearms against protesters.
We maintain that even when the violations do not meet the threshold of international crimes, prompt, independent, transparent, effective, and thorough investigations must still be conducted to identify individual perpetrators and hold them criminally accountable. Cooperation by the National Police Service with investigative authorities is particularly crucial. The Presidential nomination of the next Inspector General will either raise the bar for professional and human rights-based policing or lower it even further.
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.
Signed:
This statement is signed by the Civic Freedoms Forum (CFF) and Police Reforms Working Group-Kenya, (PRWG-K) an alliance of national and grassroots organizations committed to professional, accountable, and human rights-compliant policing. The members of the PRWG include: Independent Medico-Legal Unit (IMLU), Kariobangi Paralegal Network, Defenders Coalition, Katiba Institute, Social Justice Centres Working Group (SJCW), Kenyan Section of the International Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKI Africa, Amnesty International Kenya, Women Empowerment Link, Social Welfare Development Program (SOWED), Kenya Human Rights Commission (KHRC), Federation of Women Lawyers (FIDA- Kenya), International Centre for Transitional Justice (ICTJ – Kenya), Transparency International Kenya, Shield For justice, Wangu Kanja Foundation, Constitution and Reform Education Consortium (CRECO), Kenyans for Peace, Truth and Justice (KPTJ), Peace Brigades International Kenya. (PBI Kenya).