A validation workshop is planned to discuss and critique the plan’s proposals. 

The plan suggests that the police are open to engaging in democratic institutional reform. The police accept that they are alienated from Kenyans, are corrupt, have previously focused substantial energy on sustaining the power of the ruling party, and that there is a culture of impunity within the force. 

According to the plan, the focus will shift from this to providing service to the people through partnerships, promoting respect of the rule of law, and upholding human rights.

The plan emphasises enhancing individual and institutional accountability through setting performance standards and establishing transparent performance management systems, a Police Service Commission, and an independent oversight body to monitor performance, investigate misconduct, and take action. 

This is the first time in post-independent Kenya that the police have demonstrated such a dramatic shift in their rhetoric, and represents a significant and positive step towards strengthening democracy and expanding the space for citizen participation.

Kenyans must support this move and take ownership of it to ensure that momentum for change is not lost. 

However, in our zeal, we also need to be aware that in translating this new rhetoric into practice, mechanisms and processes that ensure practical implementation must be put in place.

The constitutional review process has entered its final phase. The responsibility lies with the National Constitutional Conference (NCC) to ensure a legal and institutional environment in which reform can take place. 

The draft constitution places high value on human rights and the principles of transparency and accountability, which have largely been accepted by NCC delegates. These values must inform the Police Force's strategic plan, and be the foundation from which any reform strategies are developed and implemented.

Indeed, the police will be at the forefront of guarding new constitutional ideals and safeguards, and for their own credibility, must demonstrate the same ideals.

The Technical Working Committee on Defence and National Security has discussed and arrived at a consensus on the role of the police, their organisation and mandate. 

Assuming their recommendations are passed at the plenary and endorsed by Parliament, the provisions in the new constitution will drastically change the landscape of policing in Kenya. 

The Committee has agreed to establish an independent and transparent Kenya Police Service, accountable to society and democratic institutions. 

This Service shall work closely with communities with the primary objective of ensuring a safe and peaceful environment –protecting the rights and freedoms of all citizens, detecting and preventing crime, supporting victims, and protecting life and property. 

Professionalism is emphasised, along with eliminating and avoiding corruption. The Police Service Commission will recruit office-holders and exercise disciplinary control including appeals.

The establishment of the Kenya Police Service and its governing principles mean that the police must transform themselves into an institution that channels its resources to serving Kenyans by providing a safe environment for all, within a framework that upholds fundamental rights and freedoms.

While the Draft Police Strategic Plan pays tribute to these principles, the main reason identified by the police for dysfunction is the dearth of human and material resources. 

They have therefore prioritised only modernising the force as a major strategy for bringing about police reform. The plan does not set out any clear actions to ensure enhanced transparency and accountability. 

As the Police Force takes the next step in the reform process, they need to bear in mind that to meet their mandate under the new constitution, they cannot be content to merely modernise in regard to hardware. They must prioritise reforms aimed at making them more accountable. 

This will necessitate change in processes - including chains of command, complaint procedures, oversight mechanisms, courts of law and freedom of information laws - and institutional values - openness, responsiveness, responsibility and adherence to the law.

Priority areas for police reform, therefore, must include law reform such as reviewing the Police Act, the force standing orders and other laws pertaining to the criminal justice system to ensure they conform to the principles in the constitution.

Also needed is prioritising the development of comprehensive policies and time-bound implementation plans to improve performance and bring about culture change through recruitment, training, promotions and transfers, deployment, discipline, improved welfare and terms and conditions for officers, and modernisation of the service.

The development of comprehensive policies and implementation plans to improve transparency and accountability through research, planning and development, monitoring and evaluating police performance, strengthening internal complaints and disciplinary procedures, handling of complaints from the public, and developing and sustaining partnerships must also take centre-stage.

Finally, the plan needs to identify capacity within the current force for change: identifying and supporting visionary leaders within the service to drive and sustain the reforms; and partners and supporters outside to provide impetus and sustain momentum for change.

E-mail: michelle@humanrightsinitiative.org

Ms Kagari is the Easte African Co-ordinator, the Commonwealth Human Rights Initiative (CHRI)

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