IPOA Weighs In on Proposal to Allow Protests Without Police Notification

The lawmakers raised concerns over deep-rooted systemic weaknesses within the National Police Service, warning that urgent action is needed to curb misconduct.

The issues emerged during a meeting between the National Assembly Committee on Administration and Internal Security and the Independent Policing Oversight Authority (IPOA) board in Mombasa.

Committee chairperson and Narok West MP Gabriel Tongoyo said while some challenges require legislative action, many stem from administrative and policy failures.

“Listening to the issues raised, a majority are either policy or administrative. The issue of training, for instance, is not entirely legislative. We need clarity on the specific legal gaps that must be addressed to enhance accountability, especially for senior officers,” said Tongoyo.

Proposal On Demonstrations

Lari MP Mburu Kahangara cautioned against proposals to exempt spontaneous demonstrations from prior police notification, warning they could be abused.

“If we allow spontaneous assemblies without notification, organisers may deliberately avoid informing police and later claim protests were spontaneous, worsening the situation,” he said.

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Police Service

Suna West MP Peter Masara urged IPOA to address deeper structural and cultural issues within the police service beyond legal reforms.

“Is it only gaps in the law that make officers behave the way they do? Training systems remain outdated despite the shift to a police service. Some officers clearly should not be in service,” he said.

Masara cited cases of excessive force, questioning why officers shoot unarmed civilians multiple times. “There must be a deeper problem that we must address collectively,” he added.

Committee vice-chairperson and Saku MP Dido Raso raised concerns about the entrenched “blue code of silence” within the police, where officers shield one another.

“How do we navigate this silent oath where officers protect each other? Those who commit offences must have their day in court,” he said.

Issues Affecting Police

Responding, IPOA Commissioner Kenwilliam Nyakomitah attributed misconduct to poor training, weak command structures, and a lack of accountability during operations.

“Officers are often deployed without clear command structures, leading to confusion and lack of accountability,” he said, adding that inadequate supervision allows unfit officers to participate in operations.

IPOA Commissioner Annette Mudola Mbogo said reforms must address both legal and institutional gaps, including welfare issues.

“We have proposed integrating oversight into police training and addressing welfare concerns such as mental health and working conditions,” she said, noting that implementation of IPOA recommendations stands at 45.2 per cent.

On spontaneous protests, she said they are recognised internationally but require clear legal safeguards to prevent misuse.

Officers To Be Held Accountable

IPOA Deputy Director of Legal Services Festus Kinoti acknowledged that the “blue code of silence” has hindered investigations.

“There are instances where evidence is tampered with. This culture of cover-up has even been recognised by the courts,” he said.

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Kinoti proposed introducing command responsibility to hold senior officers criminally liable for failing to prevent or act on misconduct.

“If a superior officer has knowledge of wrongdoing and fails to act, there must be accountability,” he said.

Sotik MP Julius Sigei raised concerns about the slow adoption of technology such as body cameras and CCTV systems, saying resistance continues to stall reforms.

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National Assembly during past session. PHOTO/PK FB