THE KENYA NATIONAL TASK FORCE ON

POLICE REFORM

Some key recommendations

summarised

Peter Gastrow
Vice Chairman
National Task Force on Police Reform
gastrow@[Link]
3 November 2009

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 Kenya National Task Force on Police Reforms

Some key recommendations summarised

BACKGROUND

Post Election Violence

The post-election violence and destruction in January 2008 came as a shock

to many in Kenya and abroad. According to the Waki Commission Report a
total 1,133 people died, 117, 216 private properties were destroyed, and more
than 350,000 persons were displaced. With violence still flaring up, and
amongst fears of a civil war, Mr. Kofi Anan and his three-member Panel of
Eminent African Personalities facilitated an accord between the two main
contenders for political power, namely the Party of National Unity (PNU) and
the Orange Democratic Movement (ODM). On 1 February 2008 the respective
leaders of the two political groups, President Mwai Kibaki and Honourable
Raila Odinga, agreed on an agenda for talks.

They recognized that the crisis triggered by the disputed 2007 presidential
election results brought to the fore deep-seated and long-standing divisions
within the Kenyan society, which, if left unaddressed, could threaten the very
existence of Kenya as a unified country. Item four on their agenda for talks
therefore aimed at identifying those far-reaching reforms that would be
necessary to address the root causes of the recurrent conflict in the country.
Institutional reforms constituted one of those far-reaching reforms. The parties
agreed that this would have to include police reforms.

While there had been some government attempts at reforming aspects of

policing in Kenya from time to time, no in-depth and comprehensive
evaluation of policing in Kenya had been undertaken. The newly recognized
urgency accorded to police reform under ‘Agenda Item Four’ was further
reinforced by recommendations made by the Waki Commission of inquiry into
post election violence. The Commission, in its report dated October 2008,
recommended: “The Parties shall initiate urgent and comprehensive reform of
the Kenya Police and the Administration Police. Such reforms shall be
undertaken by a panel of policing experts and…” Against this background, the
President, in May 2009, established the National Task Force on Police
Reform in May 2009.

The need for a fundamental re-evaluation of policing in Kenya therefore

stemmed not so much from an acceptance that the occasional updating of
policing practices was desirable, but more so from the realization that the
fractured nature of Kenyan society, and its real potential to descend into
conflict and violence, demanded a fundamental re-look at the nature and role
of the police in Kenya. A prime function of government is to realise its
responsibility to protect citizens and to provide for their safety and security.
There appeared to be a recognition by government that without fundamental
police reforms attempts to fully meet its responsibility to protect citizens would
be undermined.

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Work method and submissions made to the Task Force

The Task Force commenced its work towards the end of May 2009. It
reviewed a wide range of research and police-related literature and received
written and oral submissions from many stakeholders and experts. During
visits to all eight provinces of Kenya it met and had discussions with the
Provincial Administration and Police leadership and hosted public hearings
where it received written and oral representations. These came from
members of the public, civil society and faith-based organizations, the
business sector and other stakeholders. Police stations and residential
quarters were visited and the views of both senior and junior police officers
were sought. In addition, the Task Force visited Botswana, Sweden, and the
United Kingdom and Northern Ireland to learn from their policing experience.

The totality of views, reflections, and impressions that emerged from this
broad consultative process provided the Task Force with a better
understanding of the complex security concerns of Kenyans, as well as of the
challenges that Government and the police face in effectively addressing the
safety and security concerns of citizens. Many representations related to the
relationship between the two police forces in Kenya (now to be renamed
police services), namely Kenya Police and the Administration Police. Many in
Kenya have become increasingly concerned about what appears to be a
growing rivalry, an overlap of functions, and competition between the Kenya
Police and the Administration Police. Some advocated a merger of the
Administration Police with the Kenya Police whilst the majority of submissions
received were against such a merger as they had greater trust in, and related
better to, the Administration Police, particularly in rural areas.

There is a perception that crime has increased, and a growing public anxiety
about personal safety and security was apparent. Members of the public place
part of the blame for this on the shoulders of the police. Public confidence in
the police, particularly the Kenya Police, is low and members of the public are
reluctant to pass on crime information to the police. A major concern raised by
the public related to allegations of links and collusion with organized criminal
groups and drug cartels. Many held the view that the police should have a
more caring attitude towards the public and respond to pleas for assistance.
They claimed that the police failed to respond promptly to the reporting of
crime and that there was widespread extortion of money through bribery.
Many see the police as ineffective and as corrupt at all levels. They expect the
police to cease their harsh and aggressive treatment of suspects, victims, and
members of the public, and their widespread reliance on corruption and use of
excessive force. Respect for human rights and a more pro-active, service
orientated approach towards the public is something the public asked for.

From visits to police establishments and from discussions with the police it
became apparent that they are generally poorly resourced. Most of the
salaries and allowances have lagged behind and they often lack the basic
equipment that police require to function properly and professionally. Many
live in appalling conditions and their morale is low. They were very concerned
about the level of political interference, corruption and nepotism in policing
matters, including the release of suspects from police custody on orders of

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senior officers under questionable circumstances, and interference in the
recruitment, transfer and promotion processes. Corruption in the police was
seen as widespread and endemic. The tolerance levels for corruption for all
ranks are unacceptably high. Many from the rank and file of the police were
unhappy about the centralized command, transfer and deployment policy and
the non-payment of allowances. They are not adequately covered for injury or
death that might result in their line of duty.

SOME KEY RECOMMENDATIONS

In an attempt to address the many structural and management problems
identified by the Task Force and to remedy the organizational and other
shortcomings and challenges that became apparent, more than 200
recommendations were developed and set out in the Task Force Report. They
are all important but some are fundamental and far-reaching. Amongst them
are those that recommend the creation of new institutions and the
restructuring of the police. Other important recommendations aim at
modernizing policing and at making it more effective, and at changing policing
culture and enhancing trust and police community relations. Some of the key
recommendations deal with improving the conditions of service, salaries and
allowances of the police. These and a number of additional recommendations
are briefly set out below in a summarised form.

1. RESTRUCTURING THE TWO POLICE SERVICES

1.1 The merger issue

The Waki Commission Report at page 436 recommended a merger between

the Kenya Police and the Administration Police. The report stated:

“The Commission believes that developing a world class police service for
Kenya would be best achieved through the creation of a single police agency.
This means integrating the current two police organs.”

The Task Force had lengthy deliberations on the issue and recommended
that “A merger of the Administration Police with the Kenya Police Service
should not be undertaken at this stage” and that the separate existence of the
two police services “should continue at this point in time.”

The Task Force took into account the strong reliance and support for the
Administration Police that was evidenced in rural areas and small towns
throughout the country. Local populations trusted them and relied on them to
assist with the maintenance of law and order. Criticisms of the Administration
Police were also considered, including allegations of misuse for political
reasons, rivalry with the Kenya Police and duplication of policing functions.

In order to address some of the criticism of the Administration police and to

avoid duplication and rivalry between the two police services, the Task Force
recommended that a new police structure, namely a National Policing Council
be established to coordinate the two police services and to determine policing

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policy and plans, and promote sharing of resources for both Services. The
Task Force further recommended that

• There should be one new Police Reform Bill that would provide legislative
changes required for both Police Services. The Bill should provide for a
clear demarcation of functions and duties to avoid overlap and duplication.
• The proposed Police Reform Bill should include explicit provisions
applicable to both police services requiring them to conduct themselves in
a professional, non-partisan, and politically neutral manner.

1.2 The National Policing Council

This is a new structure aimed at ensuring that the two police services work
harmoniously and that they are effective, efficient and accountable. The
National Policing Council will also ensure that unhealthy competition between
the Kenya Police Service and the Administration Police Service does not
occur and that resources and facilities are shared. The Council will consist of:

• The Permanent Secretary responsible for police services as the

chairperson and accounting officer
• The Inspector General, Kenya Police Service
• The Commandant General, Administration Police Service
• The Director, Directorate of Criminal Investigations (DCI)
• The Commandant, General Service Unit (GSU)
• Two other Commissioners representing the Association of Police
Commissioners (one from KPS and the other from APS)
• The Secretary to the council shall be the Secretary, Internal Security
• The Secretary of the proposed Police Service Commission

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The National Policing Council will provide the structure for the heads of the
two police services, and the other members of the Council to develop the
National Policing Plan. Among its other functions will be:

• Formulating and determining policing policy

• Reviewing, rationalizing and coordinating the budgeting and National
Policing Plans
• Setting national priorities, objectives and targets for police performance

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 • Setting and enforcing unified policing standards across the country
• Providing strategic management and support
• Ensuring policing accountability at all level
• Financial management and oversight
• Coordinating procurement activities
• Appointing and managing a secretariat to execute its mandate

2. DECENTRALIZING THE POLICE SERVICES

Policing by the Kenya Police has in recent years been undertaken through a
highly centralised command structure from Police Headquarters in Nairobi.
This has eroded the powers of provincial and district police commanders and
contributed to widespread dissatisfaction amongst police officers, stifled local
police initiative and alienated members of the public. Due to the manner of the
appointment and the centralised powers vested in the Commissioner of
Police, there has been very little accountability to the people that the police
are meant to serve. Until now, the Commissioner has been accountable to the
President alone while the officers below him are accountable to the
Commissioner. This has made the police vulnerable to both political and
hierarchical misuse.

The Report contains far-reaching recommendations aimed at moving away

from an overly centralised command structure by devolving powers and
responsibilities to lower levels and by providing greater operational and
financial autonomy to commanders at provincial, district and station levels.
Other recommendations aim at making the appointment process of senior
officers competitive and more transparent. It is also recommended that the
Criminal Investigation Department be renamed Directorate of Criminal
Investigations (DCI) and be granted greater operational and financial
independence, and be shielded from political and other improper
interferences.

3. ENHANCING POLICE ACCOUNTABILITY AND TRANSPARENCY

3.1 Independent Policing Oversight Authority (IPOA)

Complaints against police conduct, ranging from corruption, arbitrariness,

harassment of members of public, lack of political neutrality, engaging in
criminal activity, abuse of power and the use of excessive force including
extra judicial executions, have in the past not been dealt with impartially and
were often ignored. This lack of transparency and accountability has been one
of the main contributing factors to the low levels of trust in the police,
particularly in the Kenya Police. The Report recommends the establishment of
a new institution, composed of civilians, that will focus on monitoring and
investigating police conduct, namely an Independent Policing Oversight
Authority. It will be established under the Constitution and will provide clear
legislative powers to enable the body to execute its mandate. It will therefore
be protected from political, executive and police interference.

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The Independent Policing Oversight Authority will enhance public confidence
that complaints about police misconduct will in future be investigated in an
impartial manner and that transgressors will be called to account. It will
enhance police accessibility and improve trust and the image of the police.
IPOA will be made up of the following seven persons:

A chairperson who has to be a person qualified to be appointed a Judge of

the High Court of Kenya, and six other members with knowledge and proven
experience in their respective fields as follows:
(i) Two from public administration
(ii) One with a human rights background
(iii) One from financial management
(iv) One from corporate management
(v) One from religious leadership

The recommendation also provides that no gender should exceed two thirds
of the total membership provided that the Vice Chairperson should be of
different gender from the Chairperson. The members will be recruited through
a competitive process conducted by the Public Service Commission, which
will recommend to parliament the names of successful applicants for
approval. Parliament will forward the names to the President, for appointment
in consultation with the Prime Minister for a one 5-year term.

Among the important powers that the Independent Policing Oversight

Authority will have will be the power to compel the attendance of witnesses,
power to subpoena documents and obtain search warrants, power to demand
mandatory cooperation from the police, and power to ensure witness
protection and to recommend prosecution.

3.2 Provincial Policing Authorities

The Report recommends the establishment of a new mechanism that will

enhance police accountability at provincial level. Police in the provinces have
thus far not had to account for their activities to the public in their province. To
meet this need, the establishment of a civilian-based Provincial Policing
Authority is recommended for each province. This forum will consist of 9
civilian members of good standing, representing business sector, civil society,
professional bodies, and religious organizations. A third must be women. The
members will elect their own non-executive chairperson. The establishment of
a Provincial Policing Authority in each province will make it possible for the
police to engage with members of the Authority on issues such as setting
provincial policing priorities, preparing the provincial budget and developing a
policing plan. However, the police services will retain full operational, financial
and management autonomy.

3.3 Corruption, Code of Ethics and Conflicts of Interests

Corruption amongst junior and senior police officers has been rife and has
had a debilitating impact on policing and on public trust. Some
recommendations in this report aim at tightening controls and supervision

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mechanisms. The police services in Kenya have to transform their policing
culture and their image in the eyes of the public and many recommendations
in the report aim at achieving this. One important means of doing so is for the
police to adopt a set of key values and principles and to strictly adhere to
them in their policing work.

A Code of Ethics is therefore recommended to, among other things, address

conflict of interests that police officers face. The Report recommends that, for
example, direct or indirect involvement by police officers in certain business
activities, such as operating matatus (minibuses) and other public transport
enterprises, should be prohibited. This follows presentations to the Task
Force claiming that some of the police officers responsible for traffic
management own public transport vehicles or breakdown vehicles - a clear
case conflict of interests.

The Traffic Department of the police seems to have been particularly prone to
corruption. Many complaints to the Task Force related to the numerous
roadblocks in Kenya. Many of these roadblocks had virtually become
permanent features used by traffic police officers to extort money from
motorists and members of the public. In its Interim Report the Task Force
recommended the removal of all roadblocks unless they serve legitimate
operational policing purposes. Since submitting the Interim Report, the
number of police roadblocks has been substantially reduced but the Task
Force has reiterated that roadblocks should be laid for a particular legitimate
policing purpose only and removed once that purpose is achieved.

The Task Force also attempted to address the unethical practices that Kenyans
have come to associate with the recruitment process in both the Kenya Police
and Administration Police. These exercises have often been riddled with
corruption, with prospective candidates openly admitting to having paid as
much as Ksh. 100,000 to secure a place in the police. A new recruitment
process is recommended where the process will be competitive, entry
requirements raised and where greater transparency and accountability will be
demanded. An important new structure that is recommended, namely the Police
Service Commission, will have an important role in adding professionalism and
transparency to the recruitment process.

3.4 Police Service Commission

The Public Service Commission has until now been responsible for police
recruitment, promotion, discipline, welfare and dismissals. Many of these
functions were delegated to the Commissioner of Police. Such critical powers
ought not to be delegated to an individual but should be vested and exercised
by an independent institution that can focus exclusively on the police. The
absence of such an institution in Kenya has contributed to the unsatisfactory
recruitment practices, poor terms and conditions of service, lack of
professionalism, poor morale, poor performance by the police and many other
problems that they face. The Task Force therefore recommended that matters
of police recruitment, promotion, discipline, welfare and dismissal be removed

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from the Public Service Commission and vested in an independent institution
namely, the Police Service Commission.

This Commission will be established under the Constitution and through

legislation. It will consist of the following nine persons who will be appointed
for a one five-year term:

(i) A person qualified to be appointed as a judge of the High Court

(ii) Four persons of high moral character and integrity with knowledge
and proven experience in the following professional disciplines;
human resource management, employment and labour relations,
financial management/audit, economics and public administration.
(iii) Two retired senior police officers of high moral character and
integrity not below the rank of assistant commissioner of police
(ACP) or the equivalent in the Administration Police.
(iv) The Chairperson, Public Service Commission.
(v) The Chairman, Permanent Public Service Remuneration Review
Board.

Having briefly referred to the restructuring of the two police services and to
the recommended establishment of new structures, it is appropriate to
illustrate the proposed organizational structure for the two police services that
illustrates how they interlink:

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 Proposed Structure for the two Police Services

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4. IMPROVING REMUNERATION AND WORKING CONDITIONS OF
POLICE OFFICERS

Many of the recommendations are aimed at improving conditions of service

and at enhancing the provision of welfare benefits and greater security to
police officers and their families. The recommendations aim at improving
remuneration and allowances, taking interests of family members into account
when transferring police officers, providing medical and life insurance cover
and significantly improving the very poor conditions in which many police
officers and their families are accommodated.

The Task Force found that police housing was inadequate and where
available, overcrowded with married and single police officers often having no
alternative but to share single rooms. Many of these quarters are dilapidated.
The Kenya Police Service has a housing shortfall of about 69 per cent whilst
the shortage for the Administration Police Service is about 78 per cent. The
Report contains detailed recommendations for a programme to rectify this
over a period of time

Many police officers are of the view that the Government is quick to respond
to salary demands of other categories of public servants but gives minimum
attention to those of the police. A police constable in whom the public wants to
entrust their security is paid a basic salary of Kshs.11, 000 per month. This is
significantly lower than salaries of other organizations sampled in the Report.
The Report recommends an overhaul of police salaries and that a significant
portion of the national budget be dedicated to improving police salary levels
within the next five years. As regards allowances and salaries, The Task
Force, amongst others, recommended that:
• The salary structure for the Kenya Police and Administration Police be
harmonized with that of the Armed Forces

• The increases should be implemented within a period of 2 years with effect

from 1st July 2010 so as to maintain the intended value of the increases.
The estimated cost of this adjustment is Kshs.18, 962,282,059 per annum.

5. TRAINING AND POLICE MANAGEMENT SUITABILITY REVIEW

5.1 Enhanced training facilities and standards

The Report stresses the importance of improved and upgraded training

facilities and standards. A Police Academy that caters for both the Kenya
Police and the Administration Police is recommended. It should provide a
standard curriculum to cover both services, at least for a part of their training.
In view of the common purpose of policing, the Task Force cautions against
any plans to develop separate Academies for the two services.

Commanders Courses should be re-introduced immediately and any officers

who have been deployed as the Officer Commanding of a Station or Division
(OCS/OCPD) without having undergone the Commanders course should be

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redeployed from station management until they successfully complete the
course.

5.2 A suitability review for police management

The Task Force identified serious management problems in both Police

Services arising, amongst others, from poor leadership, patronage, wrong
placement, a disconnect between the lower ranks and their seniors, and
outright corruption. There exists a clear need for a comprehensive staff review
of both the Kenya Police and Administration Police. The Task Force is of the
view that no meaningful change can be implemented until the current senior
police officers in the Kenya Police and in the Administration Police are re-
evaluated for their suitability in the positions they currently hold, as a good
number of them are associated in one way or the other, with the problems in
the two police services.

The Task Force therefore recommended that

(i) All officers from the rank of Assistant Commissioner of Police/
Assistant Commissioner of Administration Police and above be
subjected to a review against a criteria (professionalism, integrity, track
record, and psychological fitness) developed jointly by the Public
Service Commission (PSC), the Kenya Anti Corruption Authority
(KACC) and National Security Intelligence Service (NSIS).

(ii) The proposed Police Service Commission should thereafter

progressively review the ranks below those indicated above until all
current members of the police have been cleared.

(iii) Those found unfit for retention should be retired from the two services,
with sufficient safety nets to cushion them on exit.

In order to enhance skills and to learn from international best practice the
Task Force recommends that the Government should establish an exchange
programme with countries whose police services enjoy a reputation of probity
and professionalism. Middle/senior level police officers who are rated highly
after the suitability assessment can be sent on these programmes for one to
two years to prepare them for leadership roles. The host Governments can be
requested to second their officers to Kenya in equivalent positions to entrench
core values in various areas of policing.

6. IMPROVING OPERATIONAL EFFECTIVENES OF THE POLICE

The Task Force reviewed the state of preparedness of the police to effectively
combat crime and emerging security challenges and concluded that the police
were ill prepared due to both a lack of adequately trained human resources
and a lack of suitable equipment.

Their effectiveness is inhibited by, amongst others, a lack of motor vehicles to

undertake policing work. They lack adequate protective clothing and
equipment such as hand gloves, the necessary tape for sealing crime scenes,
and bulletproof vests with the right specifications are seldom used. When

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dealing with public disorder policing, most police officers are not provided with
helmets and other necessary equipment for their protection. Other types of
equipment essential to effective police performance were also found to be in
short supply or outdated. This included computers, communication systems
and equipment, evidence-gathering tools such as photographic equipment,
operational aircraft and maritime equipment.

Among the recommendations made in this regard was that the tooling,
logistical and technological capacity of the police services be reviewed to
establish the exact needs and specification in order to bring policing to
international standards. Communication and information technology and
transportation should be prioritized.

An important recommendation aims at reviving the criminal investigation

capacity of the police in Kenya. Professional detective work and
investigations should become a key component of policing in Kenya. The
structure is to be renamed the “Directorate of Criminal Investigation” (DCI)
and will be a structure within the Kenya Police Service. The DCI should have
a Department of Forensic Science and should be semi-autonomous with
operational and financial independence in order to shield it as far as is
possible from improper interference in its investigations. Its investigative
capacity will be available to serve both police services. Included amongst its
functions will be the provision of crime intelligence, again a crucial component
for the successful investigation of sophisticated crimes.

Another recommendation relates to the Anti-Stock Theft Unit. Widespread

stock theft, often involving large and heavily armed groups in remote areas,
has for a long time been a major destabilizing factor in Kenya, creating
insecurity for many communities. The Task therefore recommended the
retention of the Anti-Stock Theft Unit but recommended that the Unit be
moved from the Kenya Police to the Administration Police. Taking into
account that the Administration Police are para-military and more visible in the
rural areas and that as one of their functions they provide border security, this
move to the Administration Police was thought to be appropriate.

7. CHANGING POLICE CULTURE AND ENHANCING COMMUNITY

POLICE RELATIONS

7.1 Community Police Relations

The proposed change of name from Kenya Police Force and Administration
Police Force to Kenya Police Service and Administration Police Service
respectively, is merely one of a number of recommendations aimed at
changing the mindset of both the police and the public towards policing in
Kenya. Policing culture and conduct should move away from reactive policing
to proactive policing based on increased interaction with communities and on
the professional investigation of crime. New standardised uniforms for all
ranks are proposed for the two Services. A more effective internal complaints
process for police officers is recommended. Corruption and nepotism in the
recruitment and promotion process is countered through recommendations

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aimed at greater transparency and professionalism. In this regard, the role of
the proposed Police Service Commission will be crucial.

The Report contains a detailed evaluation of the current state of community

policing in Kenya. It recommends among others, that the completion of the
National Policy on Community Policing be fast-tracked and that the National
Policy should ensure full community involvement in the development and
implementation of the policy.

7.2 Private Security Services

As regards private security services, the Task Force proposed that the 2004
draft Private Security Regulation Bill and the national security and policing
policies should recognize the private security industry as a key player and
partner. The private security industry should have clearly defined roles and
responsibilities for private security guards and on sensitive matters such as
arrests and detention of suspects. The extent to which private security
members should have powers that approximate police powers should be
carefully considered. The Task Force further recommended that the draft Bill
should, as a matter of priority, be comprehensively reviewed and discussed
with all stakeholders to ensure ownership before it is passed into law.

In addition, policing policy should require private security providers to operate

within the national values, principles and norms required of the police in a
democratic country. Professional standards, including training and a code of
conduct should be adhered to.

8 NATIONAL SECURITY AND NATIONAL POILICING POLICY

8.1 National Security Policy

The Waki Commission Report noted that Kenya’s national security

arrangements were tested during the post-election violence and that they
were found wanting in a number of respects. The Task Force found that whilst
a Draft National Security Policy had been developed by the National Security
Intelligence Service and circulated to stakeholders for input, the policy
remained in draft form and had still not been finalized.

Taking into account that elections are planned for 2012 and the potential for
instability and violence exists, it is imperative that a National Security Policy
be finalized as soon a possible. The Task Force therefore recommended that
the Ministers responsible for Internal Security and Defense should
immediately set up stakeholder committees to start the process of developing
a national security policy and the required legislation, starting with the draft
prepared by the NSIS. The Report sets out a detailed process that it
recommends for the development of the policy and the legislation.

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8.2 National Policing Policy
Kenya does not have a written national policy on policing. The two police
services have various forms of policies in place but no National Policing Policy
has existed before. The Kenya Police, for example, has Force Standing
Orders and a 5-year Strategic Plan that sets out various policies, while the
Administration Police has its own Strategic Plan and is developing its own
Force Standing Orders.

The Task Force underlined the need for one, clearly spelt out, National
Policing Policy to guide the operations of both police services police services
in the country. The Task Force therefore recommended that the proposed
National Policing Council should spearhead the immediate development of a
National Policing Policy. The Report sets out a range of important guidelines
that should be followed in developing the Policy. It should be one of the first
tasks of the proposed National Policing Council to spearhead the
development of a National Policing Policy.

9 IMPLEMENTING THE TASK FORCE RECOMMENDATIONS

9.1 Police Reforms Implementation Commission

A novel recommendation is aimed at the establishment of a statutory Police
Reforms Implementation Commission whose function will be to coordinate,
monitor and supervise the implementation of the reforms recommended in this
report. It will be composed of local and international policing experts, senior
government officials and police officers, with a civilian chairing the
Commission. The aim is to speed up police reform implementation and
enhance public confidence in the process.

The Commission will stay in place until institutions such as the Police Service
Commission and the Independent Policing Oversight Authority are established
which should happen within the next two years. The statutory powers for the
Commission that the Task Force recommends are the following:

(i) Mandatory co-operation from the police, state officials and civil
servants
(ii) Power to follow up on recommendations, in particular requiring
feedback on implementation within specified time
(iii) Power to enforce implementation of its decisions
(iv) Power to subpoena documents
(v) Power to determine its own procedure

The local and international police reform experts on the Commission, together
with the senior government officials, will hopefully carry enough weight to
ensure timely and effective delivery. It is proposed that the Police Reforms
Implementation Commission should consist of the following:

(i) Four members, two of whom shall be foreign police reform experts
(ii) Permanent Secretary, Office of Prime Minister
(iii) Permanent Secretary, Provincial Administration and Internal
Security

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 (iv) Permanent Secretary, Ministry of Justice, National Cohesion and
Constitutional Affairs
(v) Permanent Secretary, Ministry of Finance
(vi) Inspector General, Kenya Police Service
(vii) Commandant General, Administration Police Service
(viii) Chairperson, Law Reform Commission
(ix) Executive Director, Kenya Institute for Public Policy Research and
Analysis
(x) Chairperson, Kenya National Commission on Human Rights
(xi) Director-General, National Security Intelligence Service

9.2 Legislation
As the legislation that is required to establish the Commission is unlikely to
pass through its usual legislative process, including parliamentary approval,
by the end of 2009, the Task Force recommended that the President should
use his existing constitutional administrative powers to establish a Police
Reforms Implementation Committee and that it should have the same
composition and powers as envisaged for the legislative Commission. This
would enable the Government to immediately establish the Committee
administratively, pending the establishment of the Police Reforms
Implementation Commission by legislation, and to therefore commence
immediately with the implementation process of the Task Force
Recommendations.

A Draft Police Reforms Bill, which will incorporate the recommendations

relating to the restructuring of the two police service and additional legislation
stemming from the recommendations, had not yet been finalised by the time
that the Report was handed to the President. It was not possible to do so as
the legal drafters could only commence with their task once all the
recommendations in the Report had been finalised. However, the broad
issues that should be addressed in the Bill, as well as those relating to other
proposed legislation, are spelt out in the Report. As soon as the proposed
Police Reforms Implementation Commission is established, it should assume
the responsibility of coordinating and supervising the drafting of the Police
Reforms Bill and the other legislation envisaged in the report.

10 FINANCIAL IMPLICATIONS

The Report contains a “Police Reforms Implementation Matrix” which sets out
the implementation plan for the proposed reforms. The plan specifies the
activities and outputs that would flow from the recommendations, and the time
lines for implementing the activities and realizing the outputs. The matrix
proposes how the responsibility for implementation should be allocated to
various government departments and role players. It also provides a budget
estimate, which anticipates that the total cost of implementing the
recommendations will be Ksh 81.4 billion over the three-year period from
2010 to 2013.

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