The National Police Service Commission is set to become a shell under BBI proposals that have assigned its core functions to the Inspector General of Police.
BBI promoters say the changes will provide clarity on the unity of command in the service and the centrality of the command by the IG. The President appoints the IG.
The commission - established as an independent commission under the Constitution - is set to lose its human resources powers to determine promotions as well as transfers. It will merely confirm appointments.
It will also no longer exercise disciplinary control or remove persons holding or acting in offices within the service.
The Constitution of Kenya (Amendment) Bill, 2020, provides that the Inspector General will exercise independent command over the service.
The IG will also determine promotions and transfers within the service as well as exercise discipline.
The IG will be empowered to suspend an officer facing disciplinary action, which is not the case now.
The bill grants the Directorate of Criminal Investigations semi-autonomous status as a third arm of the NPS to be headed by a deputy inspector general.
In place of the Constitutional provision that empowers the NPSC to remove police officers, the commission will set and review the conditions of service and code of conduct.
The bill further provides that the commission may delegate, in writing – with or without conditions, any of its functions and powers to any officer, body, or authority in the National Police Service.
The changes were settled on as a compromise for the proposed Kenya Police Council, which was to be chaired by the Interior CS appointed by the president.
The council was to be responsible for overall policy coordination of the NPS, a proposal that was vehemently opposed.
Observers say the NPSC has since its establishment in 2012 has been targeted by the Jubilee administration, eroding the gains in the quest for police reforms .
In his exit report in 2018, the first NPSC chairman Johnston Kavuludi singled out the amendment to the National Police Service Act that snatched away the commission's power to recruit the IG and the two deputy IGs.
The amendments enacted in 2014 handed the power to appoint the inspector general to the President.
Following the amendments to the NPSC Act, the President promptly appointed Inspector General Joseph Boinnet and Deputy IG Joel Kitili.
Kavuludi also cited frustrations by the Judiciary and inadequate funding by the Exchequer as having hindered the commission’s operations.
Early last month, the commission approved the recruitment of 5,000 police constables and 150 cadets but that was rejected by Vigilance House.
While NPSC chairman Eliud Kinuthia announced the recruitment plans, IG Hillary Mutyambai declared them null and void.
What stood out was that the appointments were approved during a full commission meeting attended by Interior PS Karanja Kibicho and DCI George Kinoti.
Justice Philip Waki and his counterpart Philip Ransley who led the task force on police reforms recommended that the IG must be functionally and financially independent of the Executive.
They also proposed creation of a civilian body to investigate police excesses, hence the birth of IPOA.
Waki team also bid for the NPSC to deal with human resource issues such as professional development, discipline, promotions, transfers, and mental health.
The place of NPSC in the vetting of police officers has been a bone of contention in the ranks of the Police Service.
Lawyer Demas Kiprono, in an opinion piece, said police officers deserve human resource support in terms of welfare, well-being, mental health, career progression, discipline and transfers.
“These functions are the exclusive constitutional province of the NPSC and do not seem to be catered for by the BBI recommendations,” he penned.
The National Assembly Security committee had recommended that the police payroll be moved from Interior ministry to the NPSC.
“This should include the personnel emoluments budget that goes hand-in-hand with it. This should be taken back to the NPSC for ease of dealing with issues of the police,” Security committee chairman Paul Koinange (Kiambaa MP) said in Parliament in June.
NPSC bosses Eliud Kinuthia and CEO John Onyango were not immediately available for comment on the BBI changes.
(Edited by V. Graham)
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