By: Odhiambo Jerameel Kevins Owuor
Worth Noting:
- The Independent Policing Oversight Act of Parliament published on November 2011 establishes Independent Policing Oversight Authority. The said act provides for civilian oversight of the work of the police in Kenya.
- The body has a broad vision to conduct independent and impartial investigations, inspections, audits and monitoring of the National Police Service to enhance professionalism and discipline of the service.
- The IPOA act mandates the authority to: investigate deaths and serious injuries caused by police action this is aimed at preventing impunity and enhancing accountability within National Police Service; to investigate police misconduct and undertake independent investigations.
The residents of Masimba had suffered and they couldn’t hold it no more. For their issues weren’t addressed, they decided to use a medium that was to make their plight known to all the masses and the media at large. They decided to barricade the ever busy Mombasa-Nairobi Highway. They did this in their own wisdom or lack of it, so it is upon to one to ascertain which of the two aided the Masimba residents. So what was the issue? The residents were protesting over the increase in human-wildlife conflict in the area. It seems their frantic efforts bore no fruit no wonder they decided to barricade the ever busy road.
By the virtue that it is a busy road it had to attract the senses of the law enforcers. It is said the protest turned ugly when demonstrators hurled stones at a GSU lorry. The police in their lack of wisdom shot four people and a lot of injuries were protected. Kajiado Governor termed police handling of demonstrations as inhumane and urged the government to hold accountable those behind the killings. When Matiangi visited the scene he promised that Justice will be meted out and those found culpable will be penalised. He also said the government will provide compensation of 1.5 billion for any loss of lives and property that has been pending as a result of human-wildlife conflict in Kajiado. Following the incident, Independent Policing Oversight Authority noted that it has embarked on investigations into the killing of the four people. This begets the question: are the police allowed to kill protesters? What is the role of the police? What’s the role of Independent Policing Oversight Authority? I therefore proceed.
According to the various laws of the land (among them Section 24 of National Police Service Act) the functions of the Kenya Police Service include but not limited to: maintenance of law and order; provision of assistance to the public when in need; preservation of peace; protection of life and property; investigations of crime; the apprehension of offenders; enforcement of laws and regulations with which it is charged; and performance of any duties that may be prescribed by the Inspector General under the National Police Service Act or any other written law from time to time.
The Independent Policing Oversight Act of Parliament published on November 2011 establishes Independent Policing Oversight Authority. The said act provides for civilian oversight of the work of the police in Kenya.
The body has a broad vision to conduct independent and impartial investigations, inspections, audits and monitoring of the National Police Service to enhance professionalism and discipline of the service. The IPOA act mandates the authority to: investigate deaths and serious injuries caused by police action this is aimed at preventing impunity and enhancing accountability within National Police Service; to investigate police misconduct and undertake independent investigations.
IPOA can initiate investigations on its own motion and may refer cases to appropriate bodies including seeking the Court’s intervention to have it’s recommendations and implemented; To monitor, review and audit investigations and actions by internal Affairs unit of the police.
IPOA oversees the work of the Internal Affairs unit of the police to independently verify that the internal police system deals with complaints against officers fairly and effectively. To conduct inspections of police premises; To monitor and investigate policing operations and deployment.
The Authority independently scrutinizes policing operations affacting members of the public to ensure policing is conducted for the benefit of the people of Kenya; to review the functioning of the internal police disciplinary processes to ensure fairness and effectiveness and may conduct surveys to address improvement in police internal accountability mechanisms.
From the Masimba incident I am convinced that the police in Kenya is a force and not a service unfortunately. How can they just decide to kill masses whom they are supposed to protect? Who told them that in maintaining peace they have to turn to violence? Don’t the police have relatives and family members who they care for? If so, now what led them to do the heinous act? Is there a command that they are given to shout and kill any person they come close to? There are more questions than answers are being churned in my mind.
The rate at which police service is baying for Kenyans blood is just disheartening. The police is just after doing what the law doesn’t expect to do and forfeit doing what the law demands. IPOA should bring the officers who killed the four residents to book. We can’t allow injustice to thrive under our watch. Regardless, the police is a force baying for our blood, let Kenyans know of the same earlier.
Odhiambo Jerameel Kevins Owuor is a law student at University of Nairobi, Parklands Campus.
Fredrick Kipchumba Chelimo 
Jerameel Kevins Owuor Odhiambo