Unmet Goals of Kenya’s 2010 Police Reforms

In 2010, Kenya embarked on an ambitious journey to reform its police service as part of a broader constitutional overhaul. The National Police Service (NPS) was a critical focus, with the goal of transforming the force into a more professional, accountable, and service-oriented institution. However, more than a decade later, many of the promises made during the reform process remain unfulfilled, leaving questions about the effectiveness of these efforts.

Background of the 2010 Police Reforms

Kenya’s police reforms were part of the 2010 Constitution, which was hailed as a landmark achievement in the country’s democratic evolution. The Constitution introduced key changes aimed at depoliticizing the police force, ensuring greater oversight, and promoting human rights and accountability.

One of the key features of the reforms was the creation of the National Police Service Commission (NPSC), an independent body tasked with overseeing the recruitment, deployment, and discipline of police officers. The reforms also established the Independent Policing Oversight Authority (IPOA) to investigate cases of police misconduct and ensure accountability.

In addition to structural changes, the reforms sought to improve the working conditions of police officers, including better pay, housing, and training. The underlying principle was to shift the police force from a militarized, force-based entity to one rooted in community policing and service delivery.

Successes and Initial Progress

In the initial years following the adoption of the reforms, there was noticeable progress. The police service adopted a new code of conduct, emphasizing respect for human rights and service to the public. Police officers received training on human rights, and efforts were made to improve the relationship between the police and the communities they served.

The establishment of the IPOA was particularly significant, as it provided a mechanism for citizens to report police misconduct. This was a major shift from the past, where complaints of abuse often went unaddressed. For a time, there was hope that the police reforms would lead to a more accountable and transparent force.

Additionally, the creation of the NPSC brought new standards for recruitment and promotions within the police service. This was intended to professionalize the force, reduce political interference, and create a merit-based system of advancement. These efforts, combined with new policies on police discipline, seemed to signal a new era for law enforcement in Kenya.

Unmet Expectations and Challenges

Despite these early achievements, the implementation of the police reforms has been slow and incomplete. One of the biggest challenges has been the persistent politicization of the police force. Political interference in police operations remains a significant issue, undermining the goal of creating a professional and independent police service. High-ranking officers are still seen to be influenced by political interests, and this has hindered the ability of the police to operate impartially.

Moreover, accountability mechanisms have not been as effective as anticipated. The IPOA, while a positive development, has struggled with limited resources and manpower, making it difficult to investigate and act on the many cases of police misconduct reported. Many citizens still feel that police impunity is rampant, with cases of excessive force, extrajudicial killings, and corruption continuing to be widespread. This has eroded public trust in the police and diminished the effectiveness of the oversight institutions.

Another major issue is the working conditions of police officers. While the reforms promised better pay, housing, and other benefits, many officers continue to work under difficult conditions. The issue of police housing, in particular, remains unresolved, with many officers living in overcrowded and substandard conditions. This has had a demoralizing effect on the police force, making it harder to maintain discipline and professionalism.

In terms of community policing, the reforms have not delivered as expected. While there have been efforts to improve police-community relations, many communities still view the police with suspicion. This is partly due to the ongoing cases of police brutality and corruption, which have undermined efforts to build trust between the police and the public. In addition, the police are often perceived as being more focused on protecting the interests of the political elite rather than serving ordinary citizens.

Reforms Stuck in a Legislative Quagmire

The legislative framework supporting police reforms has also faced obstacles. While the 2010 Constitution set the stage for a transformed police service, subsequent laws and amendments have diluted some of the reform measures. For example, changes in the structure and leadership of the NPSC have reduced its independence, making it harder for the commission to effectively oversee the police.

Similarly, the police service’s internal culture has been slow to change. Despite new codes of conduct and training programs, many officers still adhere to old ways of operating, which are more focused on enforcing order through force rather than serving the community. This has made it difficult to fully realize the vision of a more accountable and service-oriented police force.

Furthermore, the National Police Service Act and other pieces of legislation meant to support the reforms have not been fully implemented. In some cases, provisions in these laws have been ignored or bypassed, further slowing down the reform process.

The Way Forward

To address the challenges and fulfill the promise of the 2010 police reforms, several key actions need to be taken. First, the independence of oversight bodies like the IPOA and the NPSC must be strengthened. This includes providing them with adequate resources and ensuring they are free from political interference. Without strong, independent oversight, efforts to hold police officers accountable will continue to fall short.

Second, the working conditions of police officers must be improved. Adequate housing, fair pay, and better working conditions are essential to maintaining a professional and motivated police force. Addressing these issues will also help reduce the temptation for officers to engage in corrupt practices.

Third, efforts to change the internal culture of the police service need to be intensified. This will require ongoing training and education for officers, as well as strong leadership committed to upholding the principles of the reforms.

Finally, the government must demonstrate the political will to fully implement the reforms. This means ensuring that laws supporting the reforms are enforced and that any efforts to undermine or dilute the reforms are resisted.

While the 2010 police reforms laid a solid foundation for transforming Kenya’s police service, much work remains to be done. The unmet goals of the reforms continue to impact law enforcement in the country, with the police struggling to overcome challenges related to accountability, professionalism, and public trust. However, with renewed commitment and action, it is still possible to achieve the vision of a police service that serves and protects all Kenyans, without fear or favor.