- Police officers will no longer investigate their colleagues involved in crime in a bid to curb cover-up.
- The proposed law compels, the Superintendent to notify IPOA in writing the death or injury of a person held in custody by the police.
Image: Kurgat Marindany
Police officers will no longer investigate their colleagues facing criminal charges in a bid to curb cover-ups.
In addition, Kenya Forest Service, Kenya Wildlife Service, Kenya Prisons Service and the Kenya Coast Guard officers shall also be placed under the Independent Policing Oversight Authority.
These are some of the proposals in the new Security Services Laws (Amendment) Bill, 2021 that seeks to streamline and expand the civilian oversight function of the authority.
“While the National Police Service is placed under the oversight of the IPOA, no such oversight mechanism has been created with regard to officers of the KWS, KFS and KPS who exercise police powers of arrest, detention and use of force,” the bill reads in part.
The bill is sponsored by Nyamira Senator Okong’o Omogeni. It is set for introduction in the Senate for the First Reading.
The omnibus bill amends the Prisons Act, the National Police Service Act, Wildlife Conservation and Management Act, the Forest Conservation and Management Act and the Independent Policing Oversight Authority Act.
The amendments seek to seal the loopholes that have been exploited by the security agencies.
Omogeni argued that while the IPOA is responsible for investigation of crimes committed by the police, there is no clear demarcation of roles of the institutions.
“There exists an overlap of the mandate of the police and that of the Independent Police Oversight Authority regarding investigation of crimes,” Omogeni in his justification for the bill said.
In what could lead to the disbandment of the police internal affairs unit that has been concerned with the conduct of police officer, the bill introduces a new clause to bar police officers from investigating their colleagues.
“Notwithstanding sections 24(e), 35(b), and 51(1)(j) or any other provision of this Act, a police officer shall not investigate a crime alleged to have been committed by a member of the service,” it reads in part.
The proposed law compels, the superintendent to notify IPOA in writing the death or injury of a person held in custody by the police.
“Where a complaint is made against a police officer or a police officer is arrested for the alleged commission of a crime, a police officer in charge of a police station or other post, unit or formation shall in writing notify the IPOA of such complaint or arrest,” the bill states.
It adds, “A police officer in charge of a police station or other post, unit or formation shall take all necessary steps to secure evidence which may be relevant to the investigation".
This includes pictorial evidence.
The officer will also supply the IPOA with the evidence and all other facts relevant to the matter.
This includes the names and contact details of all persons who may be able to assist the authority to conduct an investigation.
Besides investigating the officers, IPOA shall also conduct inspections of police premises, KPS premises, KWS premises and the KPS premises, including detention facilities under the control of the services.
The authority, however, shall not investigate any matter which is the subject of proceedings before a court of law or judicial tribunal, or the matter is subject to investigation by such other investigative body as may be specified under any written law.
-Edited by SKanyara