How to reform the police for better service

The report of the task force headed by former Chief Justice David Maraga highlighted serious problems within the National Police Service (NPS), including corruption, inefficiency and a heavy deficit of public trust.

While the report offers significant insights, it lacks the innovative ideas necessary for the police to play its role in a contemporary, democratic society. Comparative analyses from nations such as Rwanda and Singapore demonstrate that thorough police reform can significantly enhance public trust and operational efficacy.

First, we need to rethink the place of police stations in the future of law enforcement. The stations are antiquated remnants of the colonial era. Their designs embody a policing paradigm founded on intimidation and control, rather than community involvement and service.

We need to establish police stations that emphasise transparency. Stations must feature open reception areas that foster a sense of welcome and safety, and information regarding rights and services should be readily accessible. Stations also ought to have digital occurrence books to facilitate real-time reporting and monitoring of incidences. This approach will also solve the problem of “lost” records. Further, the stations should have designated areas for community and police forums where officers and local residents can convene to address issues.

Second, we must enhance legislation. The Maraga task force recognised substantial problems regarding police misbehaviour and corruption but fell short in recommending legislative reforms to ensure enduring change. A crucial step would involve amending the NPS Act to mandate the implementation of digital technology across all police operations. The law should also ensure that promotions are merit-based. It must guarantee that advancement within the NPS is linked to explicit performance criteria, including adherence to human rights. The law should also be changed to shield officials or civilians who disclose misbehaviour or corruption within the service. The apprehension of retribution is a primary factor enabling the persistence of corruption. These modifications must be supported by explicit sanctions for non-compliance.

Third, the Independent Policing Oversight Authority (IPOA) must be strengthened. To ensure IPOA's effectiveness, the government must provide the money and other resources such as investigators and legal specialists. The leadership of the authority must be guarded against political meddling, and its recommendations should hold significant influence in Parliament and the Judiciary. Further, a mechanism should be established to ensure that cases on police wrongdoing initiated by IPOA progress swiftly through the judicial system.

The moment for audacious reforms is upon us, and the future of our police hinges on the seriousness with which we approach these reform initiatives.

Mr Sang is an advocate of the High court of Kenya.