NAME: DENISE WAMBUMA
COURSE: INTRODUCTION TO CRIMINAL JUSTICE SYSTEMS
COURSE CODE: CJS1101
TITLE: CRIMINAL JUSTICE ENFORCEMENT AGENCIES IN KENYA
TABLE OF CONTENTS
TOC o “1-3” h z u KENYA POLICE SERVICE PAGEREF _Toc525498816 h 3ADMINISTRATION POLICE SERVICE PAGEREF _Toc525498817 h 3CHALLENGES FACED BY THE KENYA POLICE SERVICE PAGEREF _Toc525498818 h 4SHORTAGE OF TRANSPORT FACILITIES PAGEREF _Toc525498819 h 4UNDERSTAFFING PAGEREF _Toc525498820 h 4POOR WORKING AND LIVING CONDITIONS PAGEREF _Toc525498821 h 5CORRUPTION PAGEREF _Toc525498822 h 5EXCESSIVE USE OF FORCE AND POLICE BRUTALITY PAGEREF _Toc525498823 h 6PROSECUTION PAGEREF _Toc525498824 h 6PROBATION AND AFTERCARE SERVICES PAGEREF _Toc525498825 h 6DIRECTORATE OF CRIMINAL INVESTIGATIONS PAGEREF _Toc525498826 h 6POLICE PROSECUTION PAGEREF _Toc525498827 h 7TANZANIA PAGEREF _Toc525498828 h 1RWANDA PAGEREF _Toc525498829 h 1REFERENCES PAGEREF _Toc525498830 h 1
Up until recently, the Kenyan criminal enforcement agencies were made up of the National Police Service which consists:
Kenya Police Service
Administration Police Service
Directorate of Criminal Investigations
However, the Administration Police Service and the Kenya Police Service have now been merged into one body and are now referred to collectively as Kenya Police Service.
KENYA POLICE SERVICEAccording to the Kenya Police Service Charter, the core functions of the service are as follows:
Provision of assistance to the public when in need;
Maintenance of law and order;
Preservation of peace;
Protection of life and property;
Investigation of crimes;
Collection of criminal intelligence;
Prevention and detection of crime;
Apprehension of offenders;
Enforcement of all laws and regulations with which it is charged; and
Performance of any other duties that may be prescribed by the Inspector-General under the N.P.S Act or any other written law from time to time CITATION Ser15 l 1033 (Service K. P., 2015)ADMINISTRATION POLICE SERVICE
According the mandate of the Administration Police Service, their functions are as follows:
(a) provision of assistance to the public when in need;(b) maintenance of law and order;(c) preservation of peace;(d) protection of life and property;(e) provision of border patrol and border security;(f) provision of specialized stock theft prevention services;(g) protection of Government property, vital installations and strategic points as may be directed by the Inspector-General;(h) rendering of support to Government agencies in the enforcement of administrative functions andthe exercise of lawful duties;(i) co-ordinating with complementing Government agencies in conflict management and peacebuilding;(j) apprehension of offenders;(k) performance of any other duties that may be prescribed by the Inspector-General under this Act or any other written law from time to time CITATION Adm l 1033 (Service A. P., n.d.)CHALLENGES FACED BY THE KENYA POLICE SERVICEAmong the functions of the Kenya Police Service, the mandate that stands out among the ten, is “maintenance of law and order”. The maintenance of law and order almost cancels out the rest of the functions. There would be no need to investigate crime, preserve peace, protect life and property or collect criminal intelligence if there were law and order. However, there are many challenges the service faces that prohibit it from effectively fulfilling this one important function.
SHORTAGE OF TRANSPORT FACILITIES
The policing needs far outweigh the transport resources at their disposal. Whereas there are minimal vehicles to carry out their duties, the few available resources are poorly serviced and scarcely fuelled. CITATION Ken13 l 1033 (Githigaro, 2013)The police force is unable to respond to any emergency as quickly as they ought to. Their vehicles are either not serviced or do not have enough fuel. Each police vehicle is allocated 10 litres of fuel everyday regardless of the tasks to be completed on a given day. Criminals take advantage of such circumstances to reign terror on civilians.
Lack of police presence in some criminally saturated areas and their slow (if any) response to crime scenes is mostly due to their deficiency in transport. There is a strong correlation between crime and police transport.
UNDERSTAFFINGThere is very poor remuneration of police officers in Kenya making the country under policed.
There are estimates that the Kenyan police have a total population of about 40,000 personnel (figures as at end of 2010). The public – policing ratio can be deduced therefore to be roughly in the ratio of 1:1000 going by the 2009 national population census figures of roughly 40 million citizens. This is far below the UN recommended police – public ratio of 1:450. But the Kenyan public – policing ration referenced above is only in theory. CITATION Ken13 l 1033 (Githigaro, 2013)A quarter of the police officers in the service serve in “regime security” positions rather than citizen security. Officers are engaged in “office administration duties, guarding the political elites or serving as drivers to top government officials.” Only about 30,000 police officers are involved in crime prevention and public service.
It is instructive that a staggering number of 2,500 officers are permanently deployed to the personal service and protection of top political office holders (President, Prime Minister, Vice President, Deputy Prime Minister, Cabinet Ministers, etc). CITATION Ken13 l 1033 (Githigaro, 2013)These police officers were graduated from the Police Academy to protect and serve citizens but many of them retire from police service having served in positions that should not have been part of their job descriptions. This misuse of resources is also heavily affected by corruption. Officers discover that they get sizeable tips and backdoor allowances from working with politicians and in offices.
Other reasons for understaffing are physical injury, looking for greener pastures and dismissal on disciplinary grounds. The government does not respond quickly enough to the need of more officers in the force. In 2008-2010, there was a three year recruitment freeze of officers as the government was yet to establish a Police Service Commission that would oversee conditions of service, recruitment and training. As of 2012, the Kenya Police Strategic plan of 2008-2012 was set to have expanded enrolment to meet the UN recommended police – public ratio. This is yet to be met.
POOR WORKING AND LIVING CONDITIONSAmong the top complaints on working and living conditions are salary and accommodation. The lowest ranking police officer, a constable, as of 2009 was earning 21, 205 Kenyan Shillings. That is close to 30,000 less than a middle income worker earns per month.
Junior police officers have to share living spaces of two/three bedrooms with other families. They also do not have health insurance, which based on their job should be the most important benefit awarded to them because of the constant danger they are prone to encounter.
Police officers work for more than their required eight hours with no compensation and promotion is based on nepotism rather than merit. Many officers have risen through the ranks because they know higher ranking officials who put in a word for them.
CORRUPTIONPolice corruption is any action or omission, a promise of any action or omission, or any attempt of action or omission committed by a police officer or a group of police officers characterized by the police officer’s misuse of the official position and motivated in significant part with the achievement of personal/private or organizational gain or advantage. CITATION Kem17 l 1033 (Hope, 2017)Kenya Police was ranked as the most corrupt government departments in Kenya by the Ethics and Anti-Corruption Commission (EACC) in a study conducted in 2016. Traffic police especially are the most notorious when it comes to corruption, more specifically bribery. Bribery is one of the most prominent practices of police corruption in Kenya. As part of a news story in February 2018 on corruption, two traffic police officers were seen receiving bribes from motorists who had committed various traffic offences. The officers had between them collected over twenty thousand shillings in that day. Many traffic police officers use threats of arrest to extort money from their victims.
The average size of the police bribe amount was equivalent to US$55, and the police also accounted for the largest share of the national bribes paid at 43.5 percent. CITATION Kem17 l 1033 (Hope, 2017)The public and other stakeholders accused the traffic department of corruption
and complained of the numerous roadblocks, some of which have become permanent features on the roads and are used by traffic police officers to extort money from motorists and other members of the public. CITATION Kem17 l 1033 (Hope, 2017)Many-a-times police officers use their low salaries as an excuse for corruption. They lack motivation and bribery being prevalent in all levels of the service has proved to be the most efficient way of earning enough money. Corruption for some police officers started with their entry into the service.
EXCESSIVE USE OF FORCE AND POLICE BRUTALITY
Despite the enactment of the Constitution of Kenya in 2010, the narrative has still has remained unchanged as Police brutality has been rampant with many incidents being reported and documented by the media and civil society organizations. On many occasions, the Police, armed with AK-47’s, tear gas canisters, G-3 rifles and, water cannons have viciously descended on protestors, beating some to pulp and living others severely injured. CITATION Mar17 l 1033 (Mavenjina, 2017)Police officers in Kenya have been accused severally of using excessive force on civilians. Demonstrators, refugees, members of the public, political leaders, and even children have been victims of excessive force. These repressive actions have subjected people to serious injuries, arbitrary arrests and in other cases even death. The most recent case of police brutality on a child is of a six-month-old baby named Pendo who was beaten and killed by a police officer during a raid in their home during clashes during the elections in 2017.
Kenyan police often dismiss complaints of brutality, saying violent crime demands a violent response. In April last year, a video of plainclothes police shooting dead an unarmed man went viral. The police did not deny the shooting but justified it by saying the victim was suspected of killing an officer. CITATION Mag18 l 1033 (Fick, 2018)During the 2007 post-election violence, police used excessive force and live bullets that resulted in the death of many, in some cases the use of force was not justified. In several instances, police have unnecessarily killed and injured innocent civilians. All of which is not in accordance with the Sixth Schedule to the National Police Service which highlights circumstances in which police officers can use force and to what extent. It highlights the conditions to the use of force, conditions as to the use of firearms and specific responsibilities of superiors.
Frustration with working conditions, low pay and lack of motivation are the reasons many officers have given as justification for their crimes.
PROSECUTIONPROBATION AND AFTERCARE SERVICES
Probation and Aftercare services is a department within the criminal justice system in Kenya. It derives its mandate from the Probation of Offenders Act (Cap 64) and Community Service Orders Act No. 10 of 1998 Laws of Kenya.
Probation is a period of supervision ordered by a judge rather than imprisonment. Probation was introduced to curb overcrowding or prisons while aftercare deals with supervision of offenders who have been released from various penal institutions for reintegration and resettlement.
DIRECTORATE OF CRIMINAL INVESTIGATIONSThe functions of the Directorate as provided under the National Police service act in 2011 include:
Collect and provide criminal intelligence,
Undertake Investigations on serious crimes including homicide, narcotics crimes, human trafficking, money laundering, terrorism, economic crimes, piracy, organized crimes, and cybercrime among others.
Maintain law and order.
Detect and prevent crimes
Maintain criminal records
Conduct forensic analysis
Execute the directions given to the Inspector General by the Director of Public Prosecutions pursuant to article 157(4) of the constitution
Coordinate Country Interpol Affairs
Investigate any matter that may be referred to it by the Independent Police Oversight Authority
Perform any other function conferred on it by other written Law.
These three bodies have been working together to ensure law and order in Kenya.
POLICE PROSECUTIONThe office of the Director of Public Prosecutions (ODPP) deals with all public prosecutions. It was established in 2010 after the promulgation of the new constitution. Victims are encouraged to report all crimes to the police station for evidence to be collected for officers from the ODPP to therefore prosecute criminals in court.
TANZANIATanzania Police ForcePrevention and Combating of Corruption BureauLocal police (mgambo and sungusungu)
Special jurisdiction police
Tanzania Intelligence and Security ServiceThe Tanzanian Police Force (TPF) is divided into five departments:
Administration and resource management
Dar es Salaam Special Police Zone
RWANDAREFERENCES BIBLIOGRAPHY Fick, M. (2018, February 23). Special Report: Amid claims of police brutality in Kenya, a watchdog fails to bite. Retrieved from Reuters : https://www.reuters.com/article/us-kenya-police-watchdog-specialreport/special-report-amid-claims-of-police-brutality-in-kenya-a-watchdog-fails-to-bite-idUSKCN1G7178
Githigaro, K. O. (2013). The Challenges of State Policing in Kenya. Peace and Conflict Review.
Hope, K. R. (2017). Police corruption and the security challenge in. African Security , 3.
Mavenjina, M. (2017, May 26). Police Brutality in Kenya . Retrieved from Kenya Human Rights Commission : https://www.khrc.or.ke/2015-03-04-10-37-01/blog/603-police-brutality-in-kenya.html
Service, A. P. (n.d.). Mandate. Retrieved from Administration Police : http://www.administrationpolice.go.ke/2015-02-16-09-14-42/mandate.html
Service, K. P. (2015). Kenya Police Service Charter.