Our work ends at investigations, says IPOA

The Independent Policing Oversight Authority has attributed the low number of misconduct cases prosecuted to the limits of their role.

Ipoa said after investigating and referring cases to the Office of the Director of Public Prosecutions for further action, they cannot manage their progress.

Commissioner Doreen Muthaura told a forum yesterday that the technicalities of the judicial process may lead to delays in hearing and determination of cases.

“We lack control on matters subjected to the ODDP. Sometimes, they may agree with the charges we have recommended or not,” she said.

Muthaura said that the commission has helped secure the conviction of six police officers in eight years.  

“The six convictions should be considered a great achievement, bearing in mind the slow judicial system in our country,” she said.

Muthaura said, the public does not understand their mandate and have expectations beyond their scope.

She said the main challenge with their work is the fear of witnesses to testify when their protection cannot be guaranteed due to inadequate resources.  

The commissioner said intimidation and interference of witnesses by suspected officers or those found culpable also jeopardise their work.

“Failure to suspend or interdict officers undergoing investigations, especially those involved in serious cases that resulted in deaths and serious injuries, may lead to the collapse of the cases,” she said.

Muthaura blamed the police for ignoring summons and non-cooperation, noting the risks involved in oversight of armed officers.

The commissioner blamed members of the public for failing to give statements and provide evidence that can lead to a successful prosecution.

“Gathering and assessing testimonies required to sustain a conviction is time-consuming, yet the case would fail if the evidence provided is not watertight,” she said. 

Since inception, Ipoa has investigated 5,940 cases. Some 1,889 have been completed while 112 cases are under further investigation.

Another 738 cases were closed after preliminary investigation and 188 closed at the legal review stage for lack of evidence.

Currently, Ipoa has 2,269 cases under active investigation, 220 forwarded to ODPP and 75 pending before courts.

Some 2,559 cases were closed due to the withdrawal of complainants, resolution, not being actionable or insufficient information.

Ipoa said even though it is rarely reported in the media due to the sensitive nature, the commission has 25 gender-based violence cases by police, 10 of which are in court.

Chairperson Anne Makori said the commission will increase its presence in the grassroots and are having discussions on having a table at the Huduma centres.

Makori said the implementation of policies and laws that enhance their oversight role could improve policing work.