WIN FOR IPOA AS COURT STAMPS ITS ROLE ON INVESTIGATIONS ON POLICE ABUSES

National Police Service (NPS) and the Director of Public Prosecutions (DPP) Renson Ingonga have been directed to provide data on official number of complaints of extrajudicial killings and enforced disappearances received from 2010 to date.
High Court judge Lawrence Mugambi further directed the DPP and the NPS to table the number of prosecutions, particularly officers that have been disciplined and criminally prosecuted.
The judge said the report should be furnished within 90 days.
While agreeing with lobby group Kituo Cha Sheria on the rising cases of extra-judicial killings and enforced disappearances, the court directed NPS to open and maintain and dedicate a register of all cases of enforced disappearance and extrajudicial killings.
Many youths were killed and others still missing last year, following demonstrations against tax laws in June last year.
Justice Mugambi, however, rejected a prayer to refer cases of enforced disappearances and extra-judicial killings to International Criminal Court (ICC) for investigations and prosecution, saying the cases have not reached the threshold for referral.
In a big win for the Independent Policing Oversight Authority (IPOA), Judge Mugambi said no other investigate body, including International Affairs Unit (IAU), an independent unit within the National Police Service (NPS), should probe cases where a police officer on duty or occurring in a police station.
“A declaration is hereby issued that the investigation into all incidents of death and serious injury that are a result of police action caused by a member of police on duty or that which happens while in police custody is an exclusive mandate of the Independent Policing Oversight Authority and not any other investigatory body including the Internal Affairs Unit (IAU) or any other body under the National Police service,” said the judge.
IPOA and IAU have been conducting parallel investigations where the police are involved.
Justice Mugambi clarified that IPOA has the mandate to monitor, review and audit investigations and actions taken by the IAU in response to complaints against the Police and keep a record of all such complaints regardless of where they have been first reported and what action has been taken.
The judge added that IPOA has supervisory role to hold police accountable on matters pertaining to complaints against their conduct.
The judge said the mandate of IAU under Section 87 of the National Police Service Act is limited to disciplinary cases lodged against police officers only and even then, IPOA actually oversees IAU with a view to ensure that it does its work in an unaccountable manner when dealing with matters pertaining to police misconduct.
“This supervisory role of IPOA aligns well with objectives set out by Parliament. The objectives of the IPOA Act as captured in the Act include holding the police accountable, promote professionalism and discipline and ensure independent oversight,” said the judge.
IPOA Act was thus meant to establish an independent body that ensures in serving the people, police officers remain accountable through civilian oversight. Consequently, whereas in the past, police service was not monitored by civilians, IPOA ensures that as a national security organ, it remains accountable to the sovereign authority to the people by ensuring it renders professional service that goes hand in hand with accountability as envisaged in Article 244 of the Constitution.