Reason Why Maraga Team Want Separation of APs and Kenya Police at Senior Level
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| Retired Chief Justice David Maraga handing over the report of the National Taskforce on Police Reforms to the president on November 16, 2023, at Statehouse, Nairobi. |
Some time at the beginning of the Kenya Kwanza administration in late 2022, President William Ruto established the National Taskforce on Police and Prisons Reforms chaired by former Chief Justice David Maraga.
Last year Maraga presented the report of the National Taskforce on Police Reforms at Statehouse Nairobi. The team sought reforms aimed at addressing major challenges bedeviling the police service. The reforms await implementation.
If implemented, there may soon be alterations in the responsibilities carried out by police officers, potentially impacting your safety after the team proposed separating the Kenya Police and Administration Police services in a massive restructuring operation.
Prior to the enactment of the 2010 Constitution, the Administration Police primarily focused on administrative and protective policing tasks, such as safeguarding government facilities and assisting the now-defunct provincial administration in law enforcement.
In contrast, the Kenya Police were responsible for general public safety duties.
However, following the 2010 Constitution, the Kenya Police Service and the Administration Police Service (APS) were amalgamated into a single entity within the National Police Service, overseen by the unified leadership of the Inspector General.
Legally, the two services retain distinct functions.
However, the recent assessment by the reform team led by former Chief Justice David Maraga revealed that the integration process did not achieve its intended goals, leading to widespread dissatisfaction among officers, particularly from the APS.
Approximately 24,000 APS officers were absorbed into the Kenya Police Service, impacting their effectiveness as many assert they were not adequately trained for the duties typical of Kenya Police Service officers.
As part of the restructuring plan, APS was tasked with protection and border security responsibilities, while the Kenya Police Service was assigned roles related to public safety and security.
The report highlights a policing gap, particularly at the community level, especially in rural areas where the policing approach differs from the traditional Kenya Police Service model of primarily responding to crime incidents, as opposed to the APS's community-oriented policing approach.
"The absorption of a major fraction of members of APS into the Kenya Police Service and reduction of their mandate at county level to protection of critical infrastructure has significantly undermined the preventive (community-based) policing that APS has historically excelled in, leading to a significant escalation of crime thus undermining national security," the report reads in part.
The report indicates that the restructuring resulted in confusion and effectively weakened the Administration Police Service as outlined in the Constitution.
Moreover, the team noted that relegating the APS to formed up units likens it to sub-units within other police services such as the Kenya Police Service and the Directorate of Criminal Investigations.
Additionally, AP officers expressed a sentiment that the service has been diminished to units akin to regular police forces, leading to a loss of its distinct identity.
Officers who communicated with the task force expressed confusion about the purpose and procedures of the restructuring and reorganization.
"The taskforce observes that unless the restructuring is revisited and APS finds its footing in the NPS as an equal partner in policing, the sibling rivalry that is currently prevailing shall continue to simmer and may effectively hinder service delivery."
Especially noteworthy is the fact that the Kenya Police Service's retention of all the 'lucrative' protective responsibilities, including those at airports and the Central Bank, continues to subvert the intent and objectives of the restructuring.
The National Police Service (NPS) comprises 108,414 uniformed officers deployed across various formations, units, and components.
Police Inspector General Japheth Koome justified the current setup, asserting that it aims to maintain proper order, command, and coordination between the two services.
The task force noted that while reorganization efforts were initiated, not all identified processes have been fully executed.
Majority of general duty officers are yet to undergo short refresher courses to equip them with police station work skills, building harmony of command, and strengthening bonding through joint passing-out parades and subsequent redeployment," reads the report.
Other issues include fully aligning command and control structures among formed-up units and commands at different levels, as well as modernization and recruitment to address identified gaps in the establishment of services.
To address these concerns, the team recommends that the National Police Service Commission and the Inspector General conduct a reassessment of the roles and current capabilities of the Administration Police Service (APS) considering the significant number transferred to the Kenya Police Service (KPS).
They should take appropriate corrective actions, including redeploying the over 24,572 APS General Duty officers integrated into KPS.
Furthermore, the distinction between officers in the three services should be maintained only up to the NPS inspectorate level.
"The coordination of the three services at county and regional levels should be a matter of deployment or allocation of duties that any NPS officer at that level can perform."
Additionally, officers gazetted by the National Police Service (NPS) should be officially designated as NPS officers without any affiliation to a specific service.
"Gazetted officers should be subjected to the same training and standards and should, thereafter, be deployed for duty in any of the three Services," further states the report.
The task force also suggested the conversion of the Directorate of Criminal Investigations (DCI) from a directorate into a comprehensive service, although it would remain under the supervision and authority of the Inspector-General.
The Criminal Investigations Service should also adhere to the three-tier ranks established by the Cabinet Secretary.
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