Press Release

SPIRALING INSECURITY: PURGE AND REORGANIZE NATIONAL POLICE

SERVICE LEADERSHIP
Nairobi, March 27, 2014/..International Center for Policy and Conflict, ICPC, strongly
condemns terrorism in all its forms and expresses its deepest compassion to the victims of
such attacks and to their families, and to all the victims of terrorist attacks throughout the
world.
In addressing the spiraling crime and acts of terrorism in Kenya, the problem is not the law
but the inherent complacency and complicity of the leadership of the National Police Service.
ICPC emphasizes that security organs must develop the prerequisite competences, capacities,
cooperation and resources to effectively disrupt, dismantle and disable targeted terrorism
networks and their support machinery whether individuals or financial base within
framework of the rule of law.
International Center for Policy and Conflict calls for thorough systematic purge and
reorganization of the National Police Service (NPS) leadership. The entire operational
command philosophy of the Service reeks of deep professionalism and accountability deficit
in delivering its constitutional mandate.
The leadership of NPS is in tatters. It is suffering from severe deficit of sophisticated
integrated policing and law enforcement strategy codifying the 21
st
security threat, challenges
and appropriate remedies.
It is unfortunate that NPS severe incompetence and complacency is being endorsed through
condoning illegal and unconstitutional acts of arbitrary arrest of citizens and criminal orders
of shoot to kill in pretext of counter-terrorism.
It is proven beyond reasonable doubt that Inspector General of Police David Kimaiyo, two
deputies Grace Kaindi and Samuel Arachi as well as Director of Directorate of Criminal
Investigations Ndegwa Muhoro are irredeemably incompetent and cannot deliver the
constitutional mandate of the National Police Service. They are wrong people at the helm of
the National Police Service. They must be purged.

The four constitute a national police service leadership without foresight on modern global
security challenges. They are still living in the old order of direct political control of National
Police Service by the executive and the same environment responsible for causing and
sustaining police illegitimacy in the public eye. This is despite Kenyans guaranteeing and
giving constitutional independence amplitude to the National Police Service.

Constitutionally( Article 245(4)(a) and (b) nobody has a constitutional mandate, power and
or authority to issue directive to the Inspector General of Police on policing and tackling of
crime, unless on matters of policy, which must be in writing. With respect to investigating
particular offense or offenses and enforcement of law against any particular person or persons
nobody can issue any form of directive whether policy or otherwise. This makes Inspector
General of Police fully and directly responsible and accountable for failure of the National
Police Service to effectively, professionally and efficiently provide security and safety
services to the Kenyans.

It is tragic that the holder of the office has persistently spent public time and resources
usurping constitutional powers and functions of other institutions established by people of
Kenya to ensure accountability of the Service rather than focus on the core constitutional
mandate of independent command of the National Police Service.

The entire operational command philosophy of the Service leadership reeks of deep
professionalism and accountability deficit in delivering its constitutional mandate. Secondly,
the civilian institutions such as National Assembly responsible for holding the Inspector
General and National Police Service to account are exceptionally weak and knee-jerk.
J udicial oversight of the police has been ineffective. Thirdly, there is inappropriate
deployment and use of available human and financial resources. The deficit is not the law.
Kenya has some of the best-trained police officers but they have been misdirected and
misused. Fourthly there is significant interference with police work despite constitutional
independence.

ICPC urges that for war on terror, it must be waged while keeping proportion, adhering to the
ways of democracy, upholding constitutionalism and the rule of law, defending even under
assault, and even for the feared and hated, the legal rights of suspects. The war on terror
should not be waged outside of the law, but rather within the framework of the law and using
the means that the law affords the security agencies.
A counter-terrorism policy can only become successful when the security dimension is
interlinked with development and human rights. Any other approach would merely mean
treating the symptoms of the disease without trying to treat the cause.
The power of society to stand up against its enemies is based on its recognition that it is
fighting for values that deserve protection and the rule of law is one of these values.
Preserving the rule of law and recognition of individual liberties constitute an important
component of a democratic state understanding of security.
The challenge faced by Kenyas security system is the urgent need to act in order to halt
further attacks, this being part of the basic responsibility of every state. It is a high time the
government steps-up the security of the country and assure citizens of their safety while
respecting and upholding rule of law.
Any affront or attack directed at innocent civilians by any person and/or group is criminally
savage and unlawful. However, fighting against terrorism in an effective manner entails
finding the right balance between security and public interests and the need to safeguard
human rights and basic freedoms.
Signed by
Ndungu Wainaina, ED