Civilian Oversight System And The Regulation Of Police Work In Kenya: The Case Of Independent Policing Oversight Authority

Abstract

The purpose of this study was to analyse the role played by Independent Policing Oversight Authority based on the IPOA Act that created it. The objectives of the study were: To assess the role of Independent Policing Oversight Authority in holding the police accountable; to find out the strategies that Independent Policing Oversight Authority uses in order to achieve effective civilian oversight; to identify challenges faced by Independent Policing Oversight Authority in the course of executing its mandate in Kenya. The study used structural functionalism theory and social control theory. The study had a target population of 160 employees of IPOA. Krejcie and Morgan formula was used to calculate the sample size which was 113. The study utilised both quantitative and qualitative data collection methods. Questionnaires were administered to IPOA staff as main respondents. Senior officers from media fraternity, civil society, IPOA, and National Police Service were recruited as key informants. The study demonstrated that IPOA had undertaken various activities which are in line with its mandates such as investigation of police misconduct, review, and monitor and oversight police operation, Inspection of police premises, review internal policing disciplinary process and reporting. The study also found out that IPOA had employed numerous modern techniques for handling complaints and has already received more than 10,000 complaints, investigated 752 cases and submitted 164 recommendations. Also, 103 files had been submitted to the office of the Director of Public Prosecutions and about 64 cases are in various stages of hearing in the court for the 2013-2017 period. The study also established that the Authority had employed different strategies to facilitate the achievement of an effective policing oversight. The strategies included: Resource mobilization strategy; organisation development strategy; programme strategy; performance management strategy; ICT strategy; communication strategy and stakeholder strategy. The study established numerous challenges faced by the Authority but the most notable ones were: non-cooperation between IPOA, Intelligence Criminal Unit and National Police Service; high employee turnover; misunderstood mandates by the stakeholders; Poor budgetary allocation; and limitations in the existing legal framework, and lack of IPOA presence in all the Kenyan Counties. The findings of all the results imply that IPOA is putting much efforts in executing its mandates however, its objectives have not been realised fully. The study recommends: The national government to fully fund IPOA based on its budgetary proposal in order for the Authority to discharge its mandate fully. IPOA should use all legal means to compel the National Police Service to support its investigations.