Referendum needed to curb abuse of police powers

Forget BBI referendum. What we need is a referendum on best policing practices. The National Police Service (NPS) may refute the recent claims on police involvement in crime following the TV expose called ‘Guns Galore’, but it will not help rid the country of rogue police with such attitude.

Bad cop, good cop is not just stuff for Hollywood movies. It is a problem that beleaguers many police authorities across the globe. Denying existence of bad cops in Kenya, in a country awash with bribery, extrajudicial killings and now guns for hire, is being ignorant of our deadly daily reality in the hands of the police.

There is not a Kenyan that has not been affected by a bent police officer. My experiences alone will easily fill a 1000-page book. I avoid our police like plague. I would rather count my losses than go to a police station to report a crime. I will cross the street when I see them not to be stopped again as an ‘alien’ in my own country by a police officer, whose interest is not to rid the country of aliens but to line his/her pockets.

We have given police carte blanche to do as they please. The more their bosses condone impunity within the service, the worse the situation is bound to get. The recent allegations on hiring of guns and uniforms by the police to the criminals was handled badly by NPS leadership. It is not just me saying it, but many Kenyans have made similar comments.

To always come out ironically with guns blazing to cover up criminality within the police, the leadership is saying they do not take the concerns of the citizens seriously and are self-serving. An ethos that highlights the lack of understanding of policing. The bottom line is that police are there to protect the lives and property of every Kenyan from criminals.

Existence of rogue police

Some of them have done a great job but there are a sizeable number that misuse their powers and contribute to criminality. Those are the ones that we need to find ways to weed out. When NPS prevaricates the existence of rogue police among them, they do themselves and communities a huge disservice.

In the recent expose, NPS should have said they would investigate recent claims made against the police and reassured the country that they would do their best to deal with rogue elements within than putting an armour around the wrong doers. IPOA does not help either as its record on slow investigations on police impunity continues.

When there is hue and cry on impunity from the community, it means it is a cry for accountability. It is difficult to hold any officer accused of impunity accountable if NPS continues to shield them. The latest case of denials from the police has lost them the little shred of confidence the public had in them.

Police did claim that the guns allegedly being sold by the police to criminals were Chinese made models that were not part of their armoury. Were the police stations mentioned in ‘Guns Galore’ expose based in Beijing too? The police got their knickers in a twist in their attempts to explain such a mishap and could have done better by saying nothing.

Urgent reforms required

The truth is that we have serious problems in our police service, and we must have an honest conversation about reforming it. Police guns have been associated in series of extrajudicial killings and now linked to the criminal underworld. Police can keep denying such accusations made against them, but it does not resolve the matter.

I have always argued against use of guns and live bullets by every police officer. They do not all qualify, and it has now proven to be a conduit for allegedly arming criminals. It is also concerning that the arms used by AP officers are not stored in the armoury as they should which makes it easier for them to fall into the wrong hands.

There are three urgent reforms required. Firstly, that the government moves to recruit majority of the officers from their own communities. A move that is important for better community relations and helpful in collecting intelligence from areas best known to the officers.

Secondly, we seriously need to consider providing the police with video cameras. It is now mandatory policing tool in many countries. It also helps in providing evidence in justice matters as witnessed in the case involving a white US police officer, Derek Chauvin, who murdered a black-American man named George Floyd.

Finally, it is time to introduce stun guns and only allow a select group of officers to use guns and live bullets and even then, under extremely strict guidelines. Demand for accountability of police impunity should not be left to the public alone but should be at the heart of every police operation. The police need to lead from the front when it comes to holding rogue police accountable as per their legal duty.

Ms Guyo is a legal researcher. [email protected]. @kdiguyoKaltum D. Guyo