New police officers mount a parade during the passout at Kiganjo Training College. Photo/FILE
By LUCAS BARASA (lbarassa@ke.nationmedia.com)
In Summary
- The commission said the changes that seek to limit the powers of the National Police Service Commission contradict the constitution.
- The deletion of the sub section 22 (2) of the National Police Service Act to allow the Inspector General of Police get advice from Cabinet Secretary as opposed to from NPSC shall weaken the commission, KNCHR says.
A government-owned human rights watchdog has
opposed proposed amendments to the National Police Service Commission
Act terming them unconstitutional.
The changes would not also address insecurity in the country, the Kenya National Commission on Human Rights said.
The commission said the changes that seek to limit
the powers of the National Police Service Commission contradict the
constitution.
“The changes sought can only be realised through a constitutional referendum,” KNCHR acting chairperson Ann Munyiva Ngugi, said.
She said the deletion of the sub section 22 (2) of
the National Police Service Act to allow the Inspector General of
Police get advice from Cabinet Secretary as opposed to from NPSC shall
weaken the commission.
Addressing journalists at CVS Plaza in Nairobi, Ms
Munyiva said: “This move shall weaken the Commission whose one role was
to appoint and institute disciplinary function within the National
Police Service.”
“The proposed changes threaten to make policing an
individual affair between the Inspector General and the Cabinet
Secretary,” Ms Munyiva said.
She was accompanied by commission secretary Patricia Nyaundi and head of investigations Victor Kamau
According to Ms Munyiva, deletion of section 71
(2) (3) (4) of the NPS Act will make the Johnstonne Kavuludi led NPSC to
lose control over the National Police Service in provision of authority
to those who want to engage in business and other forms of employment.
“This is transferred to the Inspector General and
thus opening it to abuse and likelihood of favouritism and nepotism and
thus losing professionalism along the way. Past experience shows this is
a power that is open to abuse for example the case of Mr Waiganjo the
police impostor,” Ms Munyiva said.
The amendment of Section 87 of NPS Act which would
require the Independent Police Oversight Authority (IPOA) to make
recommendations to the IG as opposed to the NPSC on disciplinary
measures as per constitution, KNCHR said is illogical.
“It is logical that the mechanism that employs should also be empowered to discipline,” Ms Munyiva said.
KNCHR said the amendment Article 89 of the NPS Act
that would require police officers facing disciplinary actions to be
accompanied by officers senior to them in rank as opposed to them
appearing with officers of their choice is an infringement to their
right to privacy.
KNCHR also opposed amendments to section 8 of the
NPS Act that seeks to transfer the powers of promotion and transfers to
the office of the IG.
“We remind those seeking such an amendment that
the NPSC is a creation of the constitution with express functions to
recruit, appoint, confirm appointments, determine promotions and
transfers,” KNCHR said.
It said since the IG in the NPSC, he is aware of
the actions being undertaken and should thus leave the Commission to
practice its autonomy.
“Should this fail to be observed, an avenue of
abuse is bound to be opened, taking Kenyans back to the days where
loyalty to the Commissioner of Police meant transfer and promotion to
key units and formations within the force,” Ms Munyiva said.
Ms Munyiva said the attacks on constitutional
commissions including the Salaries and Remuneration Commission,
Commission on the Implementation of the Constitution and NPSC was part
of resistance to reforms.
“We are confident if the reforms are implemented
as envisaged they will result in better working conditions for our
brothers and sisters who serve in the police service and Kenyans will
enjoy a secure country,” Ms Munyiva said.
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