Proposed Ipoa laws to tighten noose on rogue cops

The police oversight authority has proposed stringent rules on probing officers.  

The regulations are currently undergoing public participations.

The rules set strict procedures for probing complaints against police officers, have specific timelines and give the investigators sweeping powers to carry out their work.

The regulations propose that the authority has 24 hours to process a complaint once received. It then appoints an investigator whom it shall certify and shall have power and privileges of a police officer.

“A designated officer shall, when exercising any power or executing any function assigned under law, produce a certificate of appointment for identification. This unless the nature of the operation does not make it necessary or desirable to do so,” the regulations read.

Also, before commencing the probe, the investigator will have to communicate to the aggrieved party within seven days to indicate the decision to admit, refer or dismiss a complaint and the grounds for such decision.

When investigating a case, the regulations propose, "the designated officer shall have all the powers, privileges and immunities of a police officer under the provisions of the Criminal Procedure Code, Evidence Act, Penal Code and the Firearms Act."

For purposes of obtaining confessions and recording statement, the regulations propose, "a designated officer shall have all powers, privileges and immunity of inspector of police under section 25A of the Evidence Act."

The investigator will have powers to order a suspected police officer to undergo a DNA sampling procedure to aid in the investigations. 

They also have "all powers necessary to remove, or transport, or cause to be removed or transported any firearm or ammunition from one place to another in Kenya."

Once an officer is put under investigation, the proposed regulations provide that he or she shall be arrested and disarmed. Both actions shall be effected by the superiors or the Inspector general. 

The officer is immediately interdicted once they have been charged in court and taken plea.

When summoned to the authority's offices, the suspect shall also not be armed.

Further, if the probe absolves the officer and the complainant is not satisfied, he or she will have a right to appeal the decision at the authority's board within 30 days.

The complainant will be accorded a chance to make a physical appearance to be heard. 

"The authority shall within seven days communicate to the complainant its decision to admit, refer or dismiss a complaint and the grounds for such decision."

The determination of the board shall be final.

But even in a case where the complaint has been investigated and closed, the regulations gives the designated investigator the powers to re-open it should any new information or evidence come to light. 

".... the authority may upon receipt of new evidence re-open any investigation, which has been closed and may amend or withdraw any previous findings and recommendations."

The authority will also be allowed to conduct an investigation over an incident or a matter "even if the target, victim or witness of the action does not agree to or approve of such an investigation by the authority."

The regulation also allows for reconciliation between the victim and the accused officer.

However, the reconciliation or mediation will not be allowed if the complaint relates to death or serious injury, grievous harm, robbery with violence, sexual offences or offences under the Prevention of Torture Act.

The regulations allow Ipoa investigators to address the court on any issue arising on a matter investigated by the authority and produce any documentation, information or evidence pertaining to the matter. 

After the public participation stage, the suggested regulations will be forwarded to the National Assembly, through its committees, for processing. 

If approved, the regulations will be published in the gazette. 

(Edited by Bilha Makokha)

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