Democraticy
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Internally Displaced Persons
Building a culture of accountability
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Tuesday June 26, 2012

1.    International Center for Policy and Conflict raise public concerns about the delay in restarting afresh the process of recruiting nominees to the National Police Service Commission. Parliament did reject the initial nominees. Kenyans want a transparent, participatory and credible process of the Commissioners’ recruitment.

2.      We want independent constitutional commissions, professional bodies, civil society and judiciary representatives to make the new selection panel. We find it curious that Members of Parliament and Executive keep promising fair, democratic and credible elections yet they have not shown interest establishing a neutral police service well in advance.

3.      The due 2012 general elections are watershed for Kenya. Responsible institutions must be ready to play their part without any iota of public suspicion. In particular all security organs must remain neutral and objective serving the interest of the country and its people. Elected leaders are transient. In this regard, the law enforcement agencies must be credible, impartial and independent. 

4.      The National Police Service Act must be fully operationalized in order to adequately address the persistent inherent fundamental structural problems dogging the police institution and also end the continuous violation of citizen’s rights by the police under pretext of disingenuous excuses.

5.      While the constitution of Police Oversight Authority is laudable, the core challenge to police reforms is establishing a credible National Police Service Commission (NPSC). The Commission is the engine that shall drive and transform the current and the future police service in Kenya.

6.      It was disheartening and disgraceful for the selection panel comprising of top government officials including current acting Head of Civil Service, Kenya National Commission on Human Rights among others engaged in flawed process. The panel essentially bungled the process deliberately raising the question whether there are predetermined candidates that government wants for the positions of the Commissioners who will in turn proceed and appoint an Inspector General of Police of its choice. According to the implementation of the Constitution all the security organs should b in place within two years after promulgation (August 27, 2012).

7.      According to the Constitution and the National Police Service Act, the NPSC has legal authority of registration, vetting and lustration, and certification of current serving police officers and recruitment of the persons to serve in the reformed police institution. The Commission holds responsibility of recruiting civilian reforms-oriented Inspector General of Police and two deputies and the Director of the Criminal Investigation Services. Failure to establish a credible, impartial and independent Commission would be tantamount to white–wash police reforms and directly thwarting effective delivery of criminal justice and re-establishment of rule of law in the country.

8.      The recruitment of commissioners to the National Police Service Commission (NPSC) must begin afresh immediately and be guided by the Waki Commission recommendations which called for a credible and independent police service. The process must observe the highest standards of professionalism, transparency, Integrity and participatory. The Commissioners must be individuals whose character and integrity is beyond reproach.

9.      Public involvement in democratic oversight of security organs is crucial to ensure accountability and transparency across the security sector.

 

SIGNED BY

Ndung'u Wainaina

 

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