Cabinet Memorandum On The Police Oversight Bill, 2008
Cabinet Memorandum On The Police Oversight Bill, 2008
Cabinet Memorandum On The Police Oversight Bill, 2008
COPY NO:..
CABINET MEMORANDUM ON THE ESTABLISHMENT OF THE POLICE
CIVILIAN OVERSIGHT BOARD.
Purpose
The purpose of this Memorandum is to brief the Cabinet on the need to encourage the
development of a culture of human rights, integrity and accountability within the police
force; promote good working relationship between the police and the public; promote
good working conditions and policies in the police force and other disciplined forces;
establish a police oversight agency and the encouragement of good policing in a
democratic society through the establishment of a police civilian oversight body.
The overall goal therefore is to
(a) developing a legal framework that enhances internal and external police
accountability in a democratic society;
(b) build a sense of confidence in the public that police work is fair, evenhanded, and free of bias; and
(c) build a sense of confidence in the police force that complains against the
police officers and their welfare will be treated fairly and without
prejudice.
Background and Justification
1. Police Civilian Oversight Board Bill, 2008 put forward has been under
consideration for some time. From 1997 there has been a desire to hold the Kenya
Police and other disciplined forces accountable to the people. The Police have
preparing the Bill, forwarded it to the Ministry of Internal Security. The Minister
embraced the Bill and has since consulted further and refined the refined the
original version as prepared by the Kenya National Human Rights Commission.
5. In developing this Bill, regard has been taken of the fact that there are existing
legislations regulating various branches of the Police and other disciplined forces.
It is from this background that the Ministry deemed it necessary to develop an
independent legislation without necessarily amending a single piece of legislation.
The proposed body will oversee the operations of the police and its auxiliaries and
it is prudent to develop a separate bill.
6. Establishing and sustaining mechanisms for civilian oversight is often a difficult
process. There are certain factors that can help or hinder the development of
civilian oversight of policing:
a. Political support;
b. Police cooperation;
c. Activist support;
d. Resources;
e. Management and leadership; and
f. Public attitudes.
7. Conscious of these problems and the difficulty of securing consensus on whether
to establish the proposed oversight bill and its mandate, the Minister after wide
consultation is of the view that the proposed body is a necessary to ensure
accountability, respect for human rights and professionalism in the Police force
and other disciplined forces.
8. Accordingly, in formulating this law, the Minister has borne in mind the fact that
the Government is committed to a democratic society and rule of law in which
social justice must prevail.
Strategic Steps for the Implementation of the New Government Policy on Police
Oversight
9. To successfully implement the current government policy on democratic policing
and to encourage accountability and professionalism within our security
operators, the following strategic steps are proposed:
Step 1: Establish and independent police oversight body to oversee the
operations of the police both internally and externally.
Step 2: Bring all disciplined forces involved in one way or the other in the
maintenance of law and order under the operations of the oversight board.
Step 3: Enact an Act of parliament that specifically establishes the proposed
body with sufficient power to undertake its mandate.
Step 4: Put in place enforcement mechanisms that will help turn the Police Force
and other disciplined forces into professional outfits that can spur
democratic governance, full enjoyment of human rights and security and
peace in the country.
Step 5: implement a comprehensive monitoring and evaluation system that
will track performance within the police and other disciplined forces
and will be linked to established sectoral wide integrated monitoring
and evaluation frameworks for tracking progress and achievements
Proposed Institutional Framework
10. To this end, a new Police Oversight Bill, 2008 is proposed with a Police Oversight
Board being established. The Board will be comprised of nine members including
the chairperson all appointed by the President after a competitive interviewing
15. Part III deals with financial provisions. The bill provides for the financial and
operational autonomy of the Board.
16. Part IV deals with investigation powers. It empowers the Board to carry out
investigations and can require the assistance of any government agency. The part
further provides for reporting mechanism. The Board is expected to prepare two
reports one dealing with operations and another with matters on investigations
and recommendation. The Board then reports to Parliament, President and sends
copies of reports to head of police agencies whose actions may be required to
implement the recommendations.
17. Part V deals with miscellaneous matter and empowers the Board to refer its
findings to the Attorney General for prosecution. This takes cognizance of the fact
that prosecutorial powers are constitutionally vested in the Attorney-General.
18. The role of the President, Parliament, the Minister, the various heads of Police
and disciplined forces agencies are given specific roles to play in the oversight
process ranging from appointment of Board members, investigations and
implementation of the Board recommendations and reports.
19. It is thus hoped that the Bill contains all the requisite statutory provisions
necessary to make the oversight body effective with proper reporting and
implementation mechanisms of ensuring that the objectives of the law is achieved.
20. The Cabinet is invited to note the contents of this memorandum and approve;
i.
ii.
21. To direct the Minister for State in charge of Internal Security to take necessary
action to have the proposed law debated in Parliament.
. ..
Hon. Prof. George Saitoti
Minister for State in charge of Internal Security.
Dated---------------------------------------------