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About
a Police Force
The
Kenya Police Force
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Chapter 2, Police Manual
"Functions
of the force: The force shall be employed throughout
the country for the maintenance of the law and order,
the preservation of peace, the protection of life and
property, the prevention and detection of crime, the
apprehension of offenders and the enforcement of all
laws and regulations with which it is charged."
(Paragraph 1)
"Attributes
of a police officer: A police officer must be impartial,
honest and loyal, discreet, careful and efficient in
his duties. He is an officer of the law and a servant
of the public and must be fair and correct in his treatment
of persons and property. He must always control his
temper. When necessary he must be firm but always just.
To earn the respect and confidence of the public he
must set an example of impartiality and efficiency,
and at all times be ready to provide whatever assistance
may be within his power when circumstances demand it."
(Paragraph 3)
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1.
Dual policing
The
Kenya police force
The
Kenya police force is governed by the Police Act 1961.
In addition to the Police Act, the police force is guided
by:
- Police
Regulations1 , first published in 1961, which
set out the list of disciplinary offences, private use of
the police and administrative matters such as firearms stores,
certificates and forms - these are expanded by the Standing
Orders. Notably, Part IV of the Police Regulations governs
the Kenyan Reserves (whose function is to assist the police
force).2 All of this legislation is compiled in the 1988
Revised Edition of the Police Act.
- Standing
Orders which deal with the "general control, direction and
information of the Force".3 The Standing Orders
are issued by the Police Commissioner and regulate procedures
on day-to-day operational and administrative matters. Largely
drafted in 1962, they have been revised several times, most
recently in 2001.
- The
Police Manual, which was issued in 1997. The Manual is a
practical guide that contains a summary of relevant laws
and guidance on good behaviour, proper procedure and lawful
actions to be taken in given situations.
The
Administration Police
The Administration Police was established by the Administration Police Act 1958, and is subject to its own set of Standing Orders and Manual. Historically, Kenyan law was divided into civil and customary streams.4 The predecessors to the Kenya police dealt with the civil law and reported through a police structure to a Police Commissioner, while the Administration Police dealt with customary law, and reported through a local provincial council structure to a national Commandant who reported to a government Minister. Today, despite the evolution of Kenyan law and the removal of the concept of a parallel customary law, the Administration Police continue to operate, reporting through local provincial heads to the Minister of Internal Security.
2.
Function of the police force
The
Police Act lays down the functions of the police as the maintenance
of law and order, the preservation of the police, the protection
of life and property, the prevention and detection of crime,
the apprehension of offenders and the enforcement of all laws
and regulations with which it is charged.5 Police are also
required to regulate traffic6, keep public order and "prevent
unnecessary obstruction on the occasion of assemblies".7
There are additional policing functions outlined, for instance, the Police Act provides for the police force to be used privately on hire8 or, less unusually, under reciprocal arrangements with neighbouring countries9 to deploy police to assist in temporary emergencies.
3.
Structure of the police force
Kenya's
Constitution provides that the Commissioner of Police is appointed
by and under the command of the President.10 The
Commissioner and any senior superintendent to whom he or she
delegates powers11 retains overall control of all
aspects of the police, although day to day control is given
to regional officers appointed by the Commissioner. The Commissioner
is assisted by a secretariat, which includes a Senior Deputy
Commissioner, Senior Assistant Commissioners and other uniformed
and civilian officers. The Secretariat is situated at police
headquarters in Nairobi. Also situated centrally at headquarters
is the Special Branch, Criminal Investigation Department,
Motor Transport Branch, Signals Branch and the Quartermaster.
Kenya is divided into policing provinces: Central Province, Coast Province, Nairobi Contingent, North-Eastern Province, Rift Valley Province, Kenya (Railways and Harbours) Police, Nyanza Province, Eastern Province and Western Province. Each province is subdivided into divisions. A Divisional Commander controls all police activities within their division and is responsible to the police officer in charge of the province. Normally there is a Chief Inspector or Inspector of Police in direct charge of each police station and a Sergeant or Corporal in charge of each police post.
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Police
Ranks
Officers:
Commissioner, Deputy Commissioner, Senior Assistant
Commissioner, Assistant Commissioner, Senior Superintendent,
Superintendent, Cadet Superintendent
Inspectorate:
Chief Inspector, Inspector, Cadet Inspector
Junior
Officers: Senior Sergeant, Sergeant, Corporal,
Constable
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Police
numbers are low. The police to population ratio has become
worse over time, from 1:711 in 1991 to 1:875 in 2001 and 1:1,150
in 200412, which compares poorly to the UN recommended standard
of 1:450. There are approximately 18,000 Administration Police
officers. It has been estimated that even if the two forces
merged, taking attrition into account, the country will need
to recruit 3,999 recruits per year for ten years (2004-2014)
to reach international policing population standards by 2014.
In a survey published in June 2004 it was found that only
6.2% of the police are women, and only 4 women are deployed
as divisional Commanders, despite the fact women outnumber
men in the population. A 2005 recruitment drive to increase
police numbers failed, in the shadow of claims of corruption
and political influence.
The lack of officers means serious understaffing in some areas. For example, in November 2003, it was reported that in the Rift Valley area there was a deficit of 7 inspectors and 64 sub-ranks - the ranks that carry out day-to-day policing.13 In rural areas, lack of reliable or appropriate transport and communication leads to the inability of the local force to respond to crime, even if there are sufficient officers.14
4.
Police powers and duties
The duties of individual officers and constables are to obey all lawful orders, investigation and apprehension of suspects, collect information affecting law and order and prevent crime and public nuisance.
Nonetheless,
the Police Act limits these general powers. For example, the
powers of search and seizure are subject to the issue of magisterial
warrants and even the decision to search a property without
a warrant - when delay may prejudice an investigation - requires
that an officer put in writing the reasons for this decision.15
The exercise of these powers is also subject to the Standing
Orders and Regulations, the Police Manual and the procedures
of the Criminal Procedural Code. For example the Police Manual
sets out three different methods of searching a person under
the general powers conferred by section 19 of the Police Act.
Chapter 31 (Arms and Ammunition) of the Standing Orders deals
with the care and issue of arms, which in practice limits
the use of the power to use firearms under section 28 of the
Police Act and section 14 of the Administration Police Act.
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The
Kenya Police Manual
In
order to leave little to doubt, the 1997 Police Manual,
which is given to police officers on enlistment, provides
every police officer with an amplification of relevant
laws, regulations and Standing Orders.
The
Manual covers the constitution and organisation of the
force, general instructions, general police duties,
arrest and search, investigation into crime, evidence
in criminal cases, criminal procedures, warrants and
summonses, courts, civil disturbances and crowd control,
use of force and firearms, and traffic control. It provides
simple explanations of law, such as paragraph 1 of Chapter
4: "What does arrest mean? An arrest is a taking of
a person into custody to answer according to law for
some specified offence. In consequence a police officer
MUST have a reason and legal right to arrest. His powers
must be used correctly and with great care".
It
details essential procedures such as how to preserve
forensic evidence and to take witness statements (Chapter
5); and sets out standards of behaviour such as how
to conduct oneself in court. It places particular emphasis
throughout on public relations: such as in dealing with
complaints in paragraph 12 of Chapter 2: "police officers
called upon to answer complaint made against them will
adopt a quiet and courteous manner".
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Police Units of the Kenya Police Force
Departments and special squads include:
Administration:
management of postings, leave, maintenance and control
of training and welfare.
Air Wing: training
of pilots, maintenance of aircraft.
Anti-Corruption Unit
Anti-Narcotic Unit
Anti-Robbery Unit:
disbanded in 2002 - reportedly due to its reputation
for torturing and killing suspects.
Anti-Drugs Unit
Anti-Stock Theft Unit:
targets cattle theft particularly along the borders,
which are a source of illegal small arms.
Anti-Terrorist Unit:
recently criticised for its interrogation methods.16
Dog Unit:
breeding, care and training of dogs and dog handlers.
Flying Squad:
created to deal with car jackings and armed robberies.
They apparently have their own offices and cells, although
they use other police stations to house their detainees.
Force Armourer
Force Quartermaster
General Service Unit:
established by Chapter 9 of the Standing Orders, designed
to deal with 'special operations and civil disorders'.
Kanga
Squad:
an elite unit of the Criminal Investigations Unit.
Kenyan Police Reserve:
a volunteer corps established by Part IV of the Police
Act and whose function is to assist the police.17
Enrolled to serve part time for a minimum of two years,
its personnel are subject to the same disciplinary codes
as the police.18 In 2004, the Commissioner
of Police disbanded the KPR due to their reputation
for criminal activity.
Motor Transport:
selection of vehicles, maintenance and repair.
Motor Vehicle Theft Unit
Rhino Squad:
has a reputation for arresting suspects, taking them
to the forest, beating them and leaving them there,
or detaining them for long periods in different police
stations to avoid the 14 day detention rule.
Presidential Escort
Port and Railway Police:
security including bomb disposal, monitoring drug trafficking
and currency crime in airports and protection of property
on internal transport systems such as roads and railways.
Special Crimes Prevention Unit:
known for dealing with robberies and public disturbances
in particular demonstrations.
Spider Squad:
designed to target rape.
Telecommunication:
selection of communication equipment, maintenance and
repair.
Tourist Unit:
protection of tourist destinations and tourists.
Traffic Unit
Training Colleges:
training of recruits and other personnel.
Vehicle Inspection Unit
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1. Police Act 1988 (Kenya),
section 5
2. Police Act 1988 (Kenya), section 53(2)
3. Police Act 1988 (Kenya), section 4
4. Mamdani (2004), "Beyond Settler and Native as Political
Identities: Overcoming the Political Legacy of Colonialism",
First Conference Of Intellectuals, Dakar, 6 - 9 October 2004
5. Police Act 1988 (Kenya), section 14
6. Police Act 1988 (Kenya), sections 26 and
27
7. Police Act 1988 (Kenya), section 16(1)
8. Police Act 1988 (Kenya), section 45, Police
Regulations Part V
9. Police Act 1988 (Kenya), Part VI
10. Paragraph 2 of Chapter 2 of the Standing Orders
states 'the Commissioner of Police shall be responsible to
the President for the efficient administration of the Force
and shall have command, superintendence and direction of the
Force and a general responsibility for keeping the President
informed as to the discharge of his / her functions.'
11. Police Act 1988 (Kenya), section 4
12. National Task Force on Police Reforms (2005), Draft Report
4, Kenya, 4 February 2005
13. Above, n 65 at 61
14. Above, n 65 at 61
15. Police Act 1988 (Kenya) section 20(1)
16. Amnesty International (2005), "Kenya - The impact of "anti-terrorism"
operations on human rights", 23 March 2005,www.web.amnesty.org/library/Index/ENGAFR320022005?open&of=ENG-325
as on 20 March 2006
17. Police Act 1988 (Kenya), section 53(2)
18. Police Act 1988 (Kenya), section 58
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