When President Uhuru Kenyatta launched plans to transform the National Police Service last month, he was widely misunderstood by Kenyans in general, the police in particular and the media, whose role it is to translate that vision articulately.
During the National Security Conference on September 13, the President, who is also the commander-in-chief of Kenya’s Defence Forces, unveiled the Policy Framework. This set the pace for the future of police in Kenya, and radically at that.
This commentary seeks to clarify aspects that were misinterpreted.
POLICE JOBS AND RANKS
First, contrary to media reports, including social media posts, no police officer has been declared redundant; only the offices or positions that they occupied. In a bid to streamline coordination and also the command structure, bureaucracy from the top to the bottom ladder has been reduced.
Therefore, when newspapers or dailies headlines read that 300 police officers will be “axed”, the question is which officers and where is the media getting these stories. The declaration by the President, and as contained in the Policy Framework, the following positions were abolished: first, all offices occupied by Administration Police or Kenya Police commanders, serving alongside each other in the regions and the counties.
Second, all offices occupied in the ‘police divisions’, which were represented by the Officers’ Commanding Police Divisions. Third, district administrative commands served by the Administration Police.
In their stead, all these command centres will be led by one officer, serving the General Duty, under the command of the Deputy Inspector-General of the Kenya Police Service. In a nutshell, commanders in the 47 counties will be drawn from either Kenya Police or Administration Police.
Therefore, all police officers previously serving in those positions will be redeployed within the police, either at regional or national levels. Second, they will still retain the ranks they have. Indeed, ranks will be rationalised and re-arranged; everyone will fit within the new hierarchy of command.
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LEGALITY OF THE FRAMEWORK
Some comments on social and traditional media have questioned the legality and legitimacy of this Policy. Indeed, a High Court Petition, under Certificate of Urgency, was filed to question constitutionality of the Policy on Friday, September 14. The Constitution provides for an independent office of the Inspector-General of the police.
The subsequent law that established the police, the National Police Service Act, provides for powers and functions of the Inspector-General to deploy, reassign, create units, clarify roles, and therefore, under these laws, the Policy has a legal framework. However, since this matter is in High Court, there is no need for further discussion of the same.
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COMMAND STRUCTURE
The various media stories and posts on the policy have depicted the Administration Police Service as having been scrapped. Nothing could be further from the truth. Indeed, what has happened is a harmonised command structure, from the previous confusion of command and accountability.
All commanders and officers serving in the police have been retained and will be reassigned and/or appointed from either service, especially for general duties or protective and border control, which will enhance efficiency and effectiveness.
Indeed, to streamline the reporting purposes, the Deputy Inspector-General of the Kenya Police will be responsible and accountable for all general duty staff or personnel, which has been renamed “Public Security and Safety”.
The Deputy Inspector-General of Administration Police will be in charge of the “Protective and Border Security” mandate, which is where most of the Administration Police, plus some Kenya Police, have been merged to deal with livestock theft, protection of critical government installations, not to mention the Rapid Deployment Unit, for border security.
INTEGRATION OF THE SERVICES
In the petition above, one question is about why the services have been merged. They have not. The constituent services of the National Police Service remain as they are, but harmonised for reporting and accountability purposes.
Some have even questioned the integration of both the Kenya Police and Administration Police to undertake public safety and security, or more precisely, general duties under the command of the Deputy Inspector-General of the Kenya Police. The above legal framework provides for the same, and the Inspector-General has done precisely that.
For purposes of clarity, there were Administration Police undertaking general duty, on a day-to-day basis, as well as Kenya Police. From September 13, these officers were to serve the public in the same way but under one command. Prior to that, it was an illusion to hold either Service accountable for their deeds, and one needs to ask the Independent Policing Oversight Authority the hell they went through in the last six years.
Indeed, after integrating the services, there are higher chances of holding the Officer Commanding Stations accountable and responsible for what the officer under him or her are doing on a daily basis. Prior to that, APs were loosely hanging around County Commissioners’ offices. Under the new system, such police officers will not be accountable to amorphous commissioners or their juniors, but to the OCS.
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PUBLIC PARTICIPATION
Over the last decade, there has been wide consultation on police reforms. From the Ransley task force, to the Waki Report and to Phillip Alston’s report, the police transformation journey is filled with public participation throughout. Similarly, this Policy was subjected to a wide range of actors for the last several months, and before that, during the collection of views amongst many other actors in the sector and beyond.
Among those consulted were the civil society, Judiciary, Parliament, faith-based groups and community groups. Further, desktop research was done to ensure that best practices and results are incorporated into this process of Policy formulation. Whereas there is a question resting in the High Court on this matter of public participation, there is need for caution so as not to attract sub-judicial comments.
COSTS AND RESOURCES
Many media reports and posts have questioned the costs to be used to operationalise the Policy. Currently the ministry has a budget to take care of police housing, police uniforms and also other related costs of public safety and security, border control, and such other matters. It is this budget that will roll out this Policy, with very minimal additional costs generated from the National Treasury.
From the above point, which melts down to wastage of taxpayers’ money, duplication of duties and lack of efficiency, one can confidently argue that more resources will be ploughed from the costs saved from reduction in duplication that existed between these two Services.
Most of these resources are office spaces, motor vehicles, general office and specific stationery and also a host of other costs, which previously were incurred from double procurement of various items by both Services.
HOUSING ALLOWANCES
All officers below the rank of Assistant Inspector-General of Police will have options of getting housing allowances, since those above that rank have another scheme of service on housing.
There are two options because of two reasons: first, majority will reside within communities and therefore, the officers on duties in the police stations and posts will have shift quarters, so long as they are on duty. Second, for those officers working in operational areas where housing is a problem, they will be built houses they can rent. Mortgage facilities will also be provided.
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COLLEGES OF TRAINING
The renaming of police colleges from the current to the future has been questioned by many, including in the above High Court Petition. The integration necessitates the changes. All belong to National Police Service, and have been called “campuses” since the service is integrated. Since 2016, after integration of the curriculum for all officers, the next necessary step is renaming the colleges, since all officers will attend their trainings there: all colleges belong to the National Police Service.
POLICE UNIFORMS
Finally, there is a lot of interest not only in the new outfits for policing general duties, but this has led to confusion about the other officers serving in the Protection and Border Control duties.
The latter’s uniforms remain intact. Indeed for clarity, general duty officers, both Kenya Police and Administration Police, will adorn the same police colours used all over the world as an international standard, with slight variations from country to country.
The working uniform will be deep blue; the ceremonial uniform will be navy blue; and finally, the jacket worn during general duty will be deep blue. The differences between junior and senior officers will be only ranks and equivalent decorations, neither the colour nor the quality of the uniform.
Specialised units will wear different uniforms for recognition. Further, this was just imagery, and people should not read too much into the uniforms, because many posts have misunderstood this notion of the new uniforms.
Tom Kagwe, JP, is a political scientist, human rights and policing expert
DISCLAIMER: The views contained herein are those of the author, which are to inform the ongoing debate on police transformation envisaged in the Policy Framework launched by President Uhuru Kenyatta.