POLICE REFORMS

Police officers to be investigated and prosecuted for human rights vilation

In Summary

IPOA and National Police Service  to be involved in investigation and prosecution.

Victims of human rights violations will be provided with effective remedies irrespective of who is responsible for the violation.

IMG_6782 CS Interior Fred Matiang'i, president of the court of appeal Justice Daniel Musinga and DPP Noordin Haji holds the Excellence Chater and the ODPP annual reports during its launch at the Prosecution's Training Institute Loresho, on Tuesday, 8 June./WILFRED NYANGARESI
IMG_6782 CS Interior Fred Matiang'i, president of the court of appeal Justice Daniel Musinga and DPP Noordin Haji holds the Excellence Chater and the ODPP annual reports during its launch at the Prosecution's Training Institute Loresho, on Tuesday, 8 June./WILFRED NYANGARESI

Policemen who torture and violate the human rights of criminal suspects or any other citizens will be investigated and prosecuted.

IPOA will ask for intervention from the National Police Service in appropriate cases.

Director of Public Prosecutions Noordin Haji yesterday launched standard operating procedures (SOPs) on investigation and prosecution of serious human rights violations committed by police officers.

Speaking yesterday at the Prosecution Training Institute, Haji named the objectives of SOPs including the development of a structured framework for enhancing accountability and protection of victims of human rights violations.

The violations are set to undergo thorough investigations effectively, promptly, thoroughly and action to be taken where it’s appropriate.

Victims of human rights violations will be provided with effective remedies irrespective of who is responsible for the violation.

Further, these SOPs provide a clear understanding of each party’s roles at the investigative and prosecution stages of a case.

The efficiency of prosecutions is set to be improved by identifying the key goals and implementing strategies.

The SOPs also seek to standardize and bring to consistency in prosecuting offenses committed by police officers.

The success of these procedures is guided by several principles including respect to human dignity, accountability for violation, transparency, and high standard professional ethics.

Other agencies may come to intervene in the process of investigation and prosecution.

Independent Policing Oversight Authority (IPOA) may take over investigations that had been previously commenced by National Police Service.

IPOA will also carry out investigations of crimes by police officers amounting to serious human rights violations.

Office of the Director of Public Prosecution (ODPP) may offer assistance to IPOA when investigating complex cases of human violation in accordance with Section 50(3) of the ODPP Act.

Under section 50(3), the director may by regulation upon consultation with the Inspector General and other investigative agencies, issue guidelines on cooperation and collaboration in the investigation of crimes.

IPOA may request NPS to arrest a suspect pending completion of its investigations and upon their arrest, the Investigation Officer will liaise with the ODPP for custodial orders.

The parties involved in the investigation will establish a national joint committee responsible for the implementation and provision of these SOPs and ensure that a national approach is taken to issues arising in prosecutions.