Unit 4.3:
What is the role of the Police?

Handout

Scenarios

An Advertisement by the Kenya Police
[AD: Keepers of the peace. Defenders of the innocent….
Police officers are people touched with a unique spirit of caring and a deep sense of duty…]

…. But the police department still tops TI’s graft index at 46 percent
MPs are the second most corrupt people in the country after the police, an opinion poll says.
Once again, the poll by Transparency International (Kenya) found out that corruption was still rampant in the police force – at 46 percent.
Releasing the results of the poll at its Nairobi offices yesterday, TI’s Executive Director, Mwalimu Mati said parliamentarians and political parties were found to be beneficiaries of various types of bribes….   
Saturday Nation, 10 December, 2005

Outrage over Kisumu chaos as death toll rises to four
At least 30 people were nursing gunshot wounds in Kisumu as the death toll from Saturday’s riots rose to four yesterday.
The day-long violence drew condemnation from leaders with some accusing the police of brutality….
One more person died yesterday while 29n others were treated and discharged or admitted to the Provincial General Hospital and the Aga Khan Hospital. This followed riots outside Kisumu’s Moi Stadium where Information Minister, Raphael Tuju, had hosted a Yes campaign rally.
Five of those admitted at Aga Khan Hospital were students of Kisumu Polytechnic.

 

Some questions:

• The Transparency International surveys, the newspaper stories and personal experience all suggest that the Kenya Police is deeply corrupt and brutal in its attitudes and incompetent in its actions – but the force’s own adverts and its motto show us that it does play a central role in the nation’s life and that without it things would be much worse, as rapists, robbers, thugs and the hirelings of the rich and powerful rule the roost. How do we deal with a situation where those charged with protecting the lives and property of citizens have become their tormentors, where members of the public fear policemen almost as much as they fear criminals — but where the alternative is anarchy? Who will guard the guardians?
• Can better wages and living conditions really bring about a culture change in the police in the context of a wider culture in which police officers are used as tools of politicians? Can officers who have tasted the easy fruits of corruption ever reconcile themselves to living on a salary, no matter how reasonable?

The structure of the Kenya Police

There are two police departments in Kenya. The first is the Kenya Police Force, established under the Police Act and headed by a Commissioner of Police who is appointed by the President under the Constitution. The second is the Administration Police, which is established under the Administration Police Act and is headed by the Administration Police Commandant. The different departments have their origin in colonial times: The police force was formed to protect colonial business interests in Kenya, and was organised along military lines from the very start; while the administration police were initially known as the tribal police and were unarmed. Their function was to enable the colonial administration to penetrate “native” areas and enforce the policies of the colonial administration. As a result of this historical background, the Police became more visible in urban areas, while the Administration Police are more visible at the grassroots level in the rural areas.

The two departments have undergone reorganisation over the years, and currently have similar roles of law enforcement. The only difference is that the Administration Police have the additional role of assisting government ministries and departments to enforce laws under the Chiefs’ Act, the Liquor Licensing Act, the Children’s Act, and the Dangerous Drugs Act. The administration police are also charged with defending Kenya in the event of war or emergency.

The Police and Administration Police have various specialised units deal with various types of security threats. The Police have the following units:

• Criminal Intelligence Department
• General Service Unit
• Police Air-Wing
• Presidential Escort
• Kenya Police College
• Kenya Airports Police Unit
• Tourist Police
• Railways Police
• Traffic Police
• Dog Unit
• Anti Stock Theft Unit
• Anti-Terrorism Unit
• Diplomatic Police

The specialised units within the Administration Police are as follows:

• Administration Police Training College
• Security of Government Buildings Unit
• Rapid Deployment Unit

Both the Police and Administration Police have provincial commands. The Police department has established divisions, stations and posts within these provincial commands, while the Administration Police have set up district commands.

The Police have been given various powers by the law to enable them to perform their functions. The Police generally have the authority to arrest, detain, search and charge a person who they have reason to believe has committed an offence. They also have powers to enter and search premises, homes or vehicles. They can also take fingerprints, photographs or other evidence to assist them with investigations or prosecution of criminal offences. A recent amendment to the Evidence Act does not allow the Police to take confessions from accused persons, which they could previously do.

Culture and attitude changes required within the police force

From a Force	To a Service
From meeting the interests of the rich and powerful	To servicing the needs of all citizens
From centralised command and control and isolation from the community	To community consultation, participation and partnership
From secrecy and lack of democratic accountability	To local accountability and openness
From reactive	To proactive and responsive
From law enforcement driven	To the prevention of crime
From unsympathetic	To victim focused
From detachment	To integration with other elements of the justice sector
From abuse of human rights and unethical behaviour	To the protection of human rights and ethical policing practices

Source: Department for International Development (DFID), Safety, Security and Access to Justice: Putting Policy into Practice, July 2002

 

Background Information

The Role of the Police in society

Providing safety and security for its citizens is a major responsibility of government. The government ensures that there is security and safety through a department known as the Police Force, whose primary responsibility is to safeguard peace and order. The police enforce the law on behalf of the government for the following purposes:

• To protect the lives and property of the people of Kenya, and to help and reassure them. The police are required to uphold the law in a manner that protects the rights of individuals and the public good, and also to defend Kenya in the event of war or emergencies.
• To preserve peace and security. The police prevent and control behaviour that disturbs the public peace, including intervening in conflicts that arise between citizens
• To prevent and control crime. The police respond to and investigate crimes, and patrol the streets to prevent offences from occurring

 

Other than law enforcement, the police also provide services that deal with a wider range of needs of the community, including:

• Assisting in emergencies and life-threatening situations such as fires and accidents.
• Assisting in mediating disputes in families or in the community.
• Co-ordinating the safe and effective flow of traffic.
• Working with the community and other government departments to resolve issues of concern.

 

The traditional concept of security – which revolves around the protection of states from military threats – is now changing in three important respects:

• The focus of security is broadening from an almost exclusive focus on state stability and regime security to include the wellbeing of the population and its human rights.
• Security and development are being increasingly seen as inextricably linked, which opens the way to mainstreaming security as a public policy and governance issue. Inappropriate security structures and mechanisms have been shown to contribute to weak governance and to instability and violent conflict, which impact negatively on poverty reduction.
• State institutions involved in providing security are being re-evaluated. The police and military are now seen as only one instrument of security provision, and legal, social and economic considerations are also receiving greater attention.

 

Security is therefore increasingly being viewed as an all-encompassing condition in which people and communities live in freedom, peace and safety, participate fully in the governance of their countries, enjoy the protection of fundamental rights, have access to resources and the basic necessities of life, and inhabit an environment which is not detrimental to their health and wellbeing. Security especially matters to the poor and other vulnerable groups, particularly women and children, because bad policing, weak justice systems and corruption mean that they suffer disproportionately from crime, insecurity and fear. They are consequently less likely to be able to access government services, invest in improving their own futures and escape from poverty. In addition, the rule of law, an independent judiciary, checks and balances in government, and functioning government institutions are also necessary for security and stability to thrive.

The structure of the Kenya Police

There are two police departments in Kenya. The first is the Kenya Police Force, established under the Police Act and headed by a Commissioner of Police who is appointed by the President under the Constitution. The second is the Administration Police, which is established under the Administration Police Act and is headed by the Administration Police Commandant. The different departments have their origin in colonial times: The police force was formed to protect colonial business interests in Kenya, and was organised along military lines from the very start; while the administration police were initially known as the tribal police and were unarmed. Their function was to enable the colonial administration to penetrate “native” areas and enforce the policies of the colonial administration. As a result of this historical background, the Police became more visible in urban areas, while the Administration Police are more visible at the grassroots level in the rural areas.

The two departments have undergone reorganisation over the years, and currently have similar roles of law enforcement. The only difference is that the Administration Police have the additional role of assisting government ministries and departments to enforce laws under the Chiefs’ Act, the Liquor Licensing Act, the Children’s Act, and the Dangerous Drugs Act. The administration police are also charged with defending Kenya in the event of war or emergency.

The Police and Administration Police are different from the Armed Forces, which are made up of the Army, Air Force and Navy. While the Police are mainly concerned with the internal security, the Kenyan Armed Forces are concerned with the defence of Kenya from external threats to security, for example during times of war and other emergencies.

The Police and Administration Police have various specialised units deal with various types of security threats. The Police have the following units:

• Criminal Intelligence Department
• General Service Unit
• Police Airwing
• Presidential Escort
• Kenya Police College
• Kenya Airports Police Unit
• Tourist Police
• Railways Police
• Traffic Police
• Dog Unit
• Anti Stock Theft Unit
• Anti-Terrorism Unit
• Diplomatic Police

 

The specialised units within the Administration Police are as follows:

• Administration Police Training College
• Security of Government Buildings Unit
• Rapid Deployment Unit

 

Both the Police and Administration Police have provincial commands. The Police department has established divisions, stations and posts within these provincial commands, while the Administration Police have set up district commands.

The Police have been given various powers by the law to enable them to perform their functions. The Police generally have the authority to arrest, detain, search and charge a person who they have reason to believe has committed an offence. They also have powers to enter and search premises, homes or vehicles. They can also take fingerprints, photographs or other evidence to assist them with investigations or prosecution of criminal offences. A recent amendment to the Evidence Act does not allow the Police to take confessions from accused persons, which they could previously do.

The use of these powers by the Police is controlled by the law, to ensure that they use correct procedures and also respect the rights of victims and offenders.

How the Police perform their functions

 

Good policing is founded on the police doing their specific tasks well, and developing and sustaining effective partnerships with a range of other state institutions, civil society and business structures. An effective policing strategy ideally combines three components:

• Improving the core functions of the police: This includes patrolling/guarding, receiving charges from the public, detection of crime, preparing and conducting prosecutions;
• Mobilising a wide range of stakeholders in sustained efforts to prevent crime. This is sometimes referred to as community policing. It does not replace the core functions of the police, but enhances them;
• Emphasising that the police are an integral part of a wider system of justice, by fostering linkages with other parts of the government system and relevant civil society structures.

 

Performance of Core Functions

Many problems affect the ability of the Kenyan police to perform their core functions effectively:

Inability to cope with increased crime
High poverty levels in Kenya have led to an increase in crime, anti-social behaviour and insecurity. Gender violence and crimes against children are especially on the rise. Regional instability has also led to the entry of illegal firearms and other weapons into Kenya, and organised crime in illegal immigrants and narcotics is also on the rise. Terrorism is also a real threat, with Kenya having been the target of terrorist activities in the past.

There is therefore an increased demand for police presence and services. The police force is, however, severely understaffed, with a police to population ratio of 1: 1,150 against the United Nations-recommended ratio of 1:450. In addition, poor pay and conditions of service in the police force do not attract quality recruits. This means a delayed response to reports of crime and very low rates of prevention and detection of crime. There is thus an urgent need to recruit more police officers. Recruitment, deployment and promotion of police should, however, be on the basis of clear and appropriate criteria, to avoid situations where police officers owe their positions to the patronage of individuals outside the police force. As was illustrated by the Kenya Anti-Corruption Commission towards the end of 2005, recruitment of police officers is an area beset with corruption.

There is also a need to improve the terms of service of police officers, and to ensure effective deployment, with the police handling clear core functions. An example is that of driving and guarding VIPs, a task currently performed by the police, distracting them from their real work.

Endemic corruption
The Police have over the years consistently been cited in various surveys as one of the most corrupt institutions in the country, particularly in the surveys undertaken by the Kenya chapter of Transparency International. Apart from extortion by the police, the public have also complained of police torture, harassment, incivility and unlawful arrests. Corruption in the issuance of driving licenses to poorly trained drivers, and corrupt traffic officers, have been singled out as the major causes of the high rate of road accidents in Kenya.

Corruption in the police force has contributed to a general climate of lawlessness and has undermined the effectiveness of the fight against crime. There is a near total lack of public confidence in the competence and integrity of the police, and this has also resulted in low reporting levels of crime. Effective and transparent discipline procedures, accountability measures and an effective change management strategy for the police are urgently required to deal with the institutionalised corruption. This is important since there is likely to be strong resistance to change from within the police force.

Logistics and Facilities
The police require adequate transport and appropriate and modern equipment for the efficient and effective conduct of their duties. This includes vehicles, uniforms, communications equipment and firearms. Lack of transport and equipment prevents timely responses to criminal incidents and also means that many Kenyans, especially in the rural areas, have little access to the police. It also affects the transport of prisoners to court for remand or trial hearings.

Other facilities that the police currently need are housing and accommodation; medical and welfare schemes; and recreational facilities The challenges faced by the police in this regard are inadequate budget allocations with irregular and unpredictable funding that prevents effective planning and development. Existing procurement procedures are cumbersome, bureaucratic and too slow.

Training
Many junior officers in the police force are under-skilled. This is particularly critical given the increasing sophistication of crime, and has led to inappropriate approaches to prevention of crime; poor management of scenes of crime; and incompetent prosecution of criminal cases. So training is needed not only to impart the necessary policing skills, but to also effect a change of culture and attitudes within the police force, from the prevailing culture of corruption and impunity, to one of service and respect for human rights. There is also a need to train the officers who will be responsible for implementing change within the police. The following table illustrates the culture and attitude changes required within the police force.

 

From a Force	To a Service
From meeting the interests of the rich and powerful	To servicing the needs of all citizens
From centralised command and control and isolation from the community	To community consultation, participation and partnership
From secrecy and lack of democratic accountability	To local accountability and openness
From reactive	To proactive and responsive
From law enforcement driven	To the prevention of crime
From unsympathetic	To victim focused
From detachment	To integration with other elements of the justice sector
From abuse of human rights and unethical behaviour	To the protection of human rights and ethical policing practices

Source: Department for International Development (DFID), Safety, Security and Access to Justice: Putting Policy into Practice, July 2002

                                                           
Partnerships and Community Policing

The police are supplemented by non-state structures such as community guards and private security. In Kenya, non-state policing systems have developed in line with village structures, and include vigilante groups and neighbourhood watches. They are an important element in ensuring safety and security for people living in remote areas. The other non-state policing prevalent in Kenya are private security companies, often used by business enterprises and people living in urban areas to provide an alternative or additional visible policing presence. Civil society also plays a critical role in increasing accountability in the police force by demanding change, acting as a watchdog over the actions of the police and also providing technical input, especially in training and equipment.

Non-state bodies can, however, resort to mob justice and can easily fall under the control of political factions and become unruly and uncontrollable. Civil society can also become politicised and promote divisions within society or simply engage in irresponsible behaviour that leads to more conflict. Therefore, while both state and non-state policing are integral to improving safety and security, they both need to operate properly and effectively. Principles that guide effective policing by both the police and non-state security structures are:

• The roles that each of the security actors plays must be well-defined and transparent;
• The security organisation itself must be professional;
• The security organisations and civil society must adhere to human rights and democratic governance practices.

The Kenya Police have introduced a Community Policing programme as part of their reform initiatives. The programme involves the community in fighting crime and recognises the shared responsibility of the police and community to ensure a safe and secure environment. It is aimed at establishing active and equal partnerships between the police and public through which crime and community safety issues can be jointly discussed and solutions determined and implemented.

Linkages

Public safety and security depend not on the police alone, but on the effective working of the entire justice system. It is therefore important to supplement the efforts of the police with parallel efforts to improve the judiciary and penal correction (prisons) system. Such a sector-wide approach has now been adopted under the Governance - Justice, Law and Order Sector (GJLOS) Programme and is also emphasised in the government’s Economic Recovery Strategy.

What can be done?

 

Improving transparency and accountability

• Without transparent access to information about the formulation and implementation of policies, plans and budgets, it is impossible to hold the police to account. The process by which the legal arrangements guiding the police are determined must be transparent, and a conscious effort must also be made to ensure that the basic documents governing the police are disseminated as widely as possible, and that the police are internally transparent, for example by setting up police complaints desks. The wide dissemination of information will help produce policies consistent with democratic governance of the police department, and help the public monitor the effective implementation of these policies.
• Accountability in the police departments means that the police are subordinate to certain government authorities, must explain their actions to these authorities (indirect accountability) and civil society (direct accountability), and are subject to sanctions for inappropriate actions as well as for inadequately explaining their actions. Civil society has an important role to play in promoting security-sector accountability, by tracking behaviour, drawing attention to deviations from national and international laws and good practice, suggesting ways of improving accountability, serving on public oversight and accountability bodies, and promoting dialogue between members of the security bodies and the public.
• A range of independent bodies can also play a role in enhancing transparency and accountability in the security sector. Given sufficient independence and credibility, the following can be useful:

 

• Public complaints bodies such as an independent Police Complaints Authority with powers of access and investigation.
• The Kenya National Commission for Human Rights Commission which has the potential to improve systems of accountability by dealing with complaints, and investigating violations of the law.
• The office of Ombudsman to investigate alleged human rights abuses by state bodies.

• Security and intelligence structure often try to limit the amount and quality of the information they release. The demands of national security do sometimes require some secrecy and confidentiality, but too much of it can be counter-productive. Secrecy can for example be used as a cover for financial mismanagement or illegal activities. Proper accountability and transparency require that information be withheld only for legitimate reasons – which need to be tightly defined. It is therefore vital to be clear about what is being held in confidence and why it is considered sensitive.

 

Clear legal framework
The Police should operate within a clear legal and institutional framework governing their roles, mandates, and the hierarchy of authority between them, the legislature and the executive. Apart from the Police and Administration Police Acts, the only other legal provisions governing the operations of the police are those in the Constitution which establish the Police Service Commission and give it powers over the appointment and discipline of police officers. The Kenyan Constitution should, at a minimum, specify lines of authority within the Police, and the basic responsibilities and broad democratic principles to which members of the Police Force should adhere. The relevant legislation should then provide the details of governing the police, including the necessary accountability and oversight measures. The law should make it clear who has external and internal roles respectively, and how internal responsibilities are apportioned.
Non-state policing structures are currently not covered by national legislation, and need to be brought within the national legal and security framework to ensure that they act professionally and in accordance with national security policies.

Oversight measures

• The Legislature offers a mechanism to monitor and control the police through the approval of the government’s security policies and budgets; and overseeing expenditure, procurement, operations and deployments within the Police Force. The quality of legislative oversight, however, depends partly on the effectiveness of its structures and systems such as the committee system, and partly on the competence and knowledge of the legislators.
• Ministries responsible for managing the security forces need to be able to do so effectively. They include the Defence, Planning and Finance Ministries. Other ministries should also be able to take an informed interest in the police, given the implications of police actions for their activities. Ministers and civil servants from a number of departments need to be involved in the policy and planning processes for the Police Department, and will need an understanding of the security issues both broadly and in relation to their respective departmental concerns.
• The quality and effect of oversight measures will however depend on the following factors:
• The independence and accountability of oversight bodies;
• Guaranteed access of oversight bodies to financial resources;
• Clear delineation of the functions of oversight bodies;
• Knowledge of security issues and governing processes among oversight personnel; and
• Confidence building between security personnel and oversight personnel.

 

Availability of funding

Determining what constitutes an acceptable level of security expenditure must take into account genuine security needs and what is affordable. This judgement should only be made after a strategic planning process involving all stakeholders.

Notes for Facilitators

Objectives

• To understand the role of the Police in society —protecting lives and property, preserving peace and security, preventing and fighting crime as well as assisting in emergencies, mediating disputes and controlling traffic; and also to show how the traditional concept of security — the protection of states from military threats — is changing to a broader focus on security and development and the legal, social and economic wellbeing of the population;
• To define the functions of the police and analyse the problems the affect the ability of the Kenyan police to perform their core functions effectively — issues of understaffing, poor equipment and pay, political interference, etc
• To identify the culture and attitude changes required within the Police Force to turn it from a force into a service; discuss the concept and future of community policing and gain some insight into the integrated approach being pioneered in the JGLOS programme
• To discuss what can be done to improve transparency and accountability in the force; the need for a clear legal framework and effective oversight mechanisms.

Scenarios
Use the newspaper clippings and the questions given in the handout to establish the centrality as well as the difficulty of the whole issue of reforming the Police Force. The idea that the force even in its present degraded form is preferable to anarchy will be bitterly resisted by those who have nothing positive to report from their experiences with the police and have learnt that the best way to live with the police is to keep out of their way altogether. You may have to resort to the convenient formulation of “in an ideal society” but it is vital to sow the seeds of the idea that it is possible to transform the Police Force into a force for social stability and development with the right kind of reforms. Having actual serving or retired officers in the group would be a bonus, as people’s innate politeness will force them to consider the point of view of those inside the force.

The structure of the Kenya Police
Refer the participants to the factual information given in the handout about the structure of the police in Kenya.
Manage a brainstorm where the participants exchange ideas about the roles of the police – both the rhetoric and the reality.
 
Community Policing

Though touched on only briefly in the Background Information, this issue lends itself uniquely to workshop discussions and so deserves its own slot. A great many useful ideas can emerge if the discussion is steered towards solutions rather than dwelling too much on current problems.