Police Controversy Over Inspector General’s New Order

There is controversy within the police Service after Inspector General Hillary Mutyambai directed officers from the Internal Affairs Unit (IAU) to report to Regional Commanders for deployment during the elections.

Some officers say the unit is supposed to oversee the police and that, by reporting to regional commanders, its role of receiving and investigating complaints against the police could be compromised.

Section 87(11) of the National Police Service Act stipulates that the Internal Affairs Unit is not subject to control, direction or command of the Kenya Police, Administration Police (AP) or the Directorate.

The unit is headed by a director who reports to the Inspector General (IG) only. Both the unit and the Independent Policing Oversight Authority (IPOA) have rolled out a strategy to monitor the police during the election period, including before and after the polls.

One of the key mandates of IPOA is to monitor and investigate police  operations affecting the public. 

The Internal Affairs Unit, on the other hand, is tasked with promoting uniform standards of discipline and good order in the police service, keeping a record of the facts of any complaint or investigation made to it. It also recommends appropriate action on any officer engaging in unlawful conduct.

On Tuesday, the Human Rights Watch (HRW) warned that failure by Kenyan authorities to resolve  past abuses by police, especially in the 2017 elections, could heighten the risk of police abuse during next week’s election. 

HRW noted that Kenya had failed to investigate accusations of police brutality or institute reforms.

The group’s  Director for East Africa, Otsieno Namwaya, said this could raise the threat of violence if the results are disputed.

“Failure to tackle police abuse in previous elections risks emboldening the police to continue their misconduct,” said Namwaya.

But  the IG says adequate police officers have been deployed across the country.