An Appraisal Of Police Reforms In Kenya Criminology Essay

An Appraisal Of legal philosophy Reforms In Kenya Criminology Essaylegal philosophy religious services form part of the executive arm of the Government. sooner the promulgation of the Constitution 2010, on 27th August 2010 they were referred to as constabulary Forces and were under the Ministry of State for Provincial Administration and Internal security measures.The two police force Forces were the Kenya Police and the Administration Police Forces established under the repealed Police Act Chapter 84 and Administration Police Act Chapter 85 respectively. Together with other three babe departments in the Ministry, that is the NACADAA, the Government Press and the Provincial Administration, the five key departments ar all firmness of purposeable to one Accounting Officer under the Ministry.The Commissioner of Police has been the in charge of the Kenya Police Force while the Commandant of Administration Police, who before 27th August, 2010 operated under delegated authority1, ha s been in charge of the Administration Police Force. to a greater extent often than not the Police have found themselves in crossroads with members of public and Civil Society Organizations. This has led to them creation viewed as the key violators of clement Rights2. They have earned a title violators rather than protectors and keepers of Human Rights. The Alston Reports3on Judicial killings laid blame on Police on deaths and go forthance of jejuneness without anybody accounting for them. Several shootings of innocent individuals have been associated with the Police guns.The duty imposed on Police of Protection of life and property has been reduced to perception that they be to eradicate life and property of innocent multitude. The experts on commission for enquiry and thinkers of revitalizes came up with recommendations in their report after the 2007-2008 Post Election Violence which associated roughly loss of life to the excessive intention of force by honor of nature amongst other vices and omissions. Waki Report4indicate that the security forces were powerless against the violence.Often, when we think of law of nature reforms, the people filled many a times tend to either forget or neglect the primary reason and function of the law service secure from the initial stage it was formed to where they focus it to be, which is of great importance and should always be taken seriously.Peaceful co-existence and calmness in the society is the recipe for experiencing and diversion of freedom and human rights. With breach of this, society is bound to be in a chaotic state, confusion and fear. This is why constabulary work always comes in handy if professionally applied backed with strong legal philosophys and reliable independent judicial systems.The society creates laws and puts in place the justice system to deal with law breakers police on the other hand has a accountability to enforce these laws at heart the society for the purpose of sustain ing peace and calmness. When a society enjoys copulation peace and order, it signifies that people obey the laws laid down with offenders cosmos subjected to justice promptly. Strict justice systems and societies law obedience always ease the work of police.You roll in the hay institute police reform, you can reorganize service deli very(prenominal) but you cannot alter the fundamental principles of policing and police operations. Reformers and reform agendas moldiness be cognizant of other reality that police officers and police services are delivering something that some people in the society are opposed to. No one wants to be a victim of abomination. No one wants the law, illegal or regulatory, enforced on them.5Police reform or review will not make this disappear and no matter how you package or tidy up service delivery or the players, there will always be displeasure with the police. So we mostly find that the performance of any organization depends on the principles on w hich it is founded and the tempered shapeions of its officers.Violations of the founding principle of an organization lead to straying away thereof corruption, inefficiency and partisan personnel who can easily be misused by influential who have personal interest of enriching themselves. It is because of this, that the police have found themselves being misused by politicians as they serve as agents of judicatureal executives rather than as an instrument of a democratic state. This leaves a weak police Service heavily reliant of its masters who politicize and destabilize the police hence vices.The police force had been marked with a reputation of applying the law selectively against opponents, whether political or personal, at the behest of person of influence. Impunity has reigned supreme and hence reforms appearing to be a distant reality.Security is a basic human right as it is underlined by Article 3 of the Universal Declaration of Human Rights. As a member of the family of nations, Kenya subscribes to this Declaration. As a country, we cipher security as a matter of national priority.6Security of persons as a basic human right is also one of the most significant factors contributing to the quality of communities worldwide. Security provides an enabling environment for citizens to live and work in, and it stimulates social, economic and political development.7Kenyas transition, and prospects of development, hinge to a great extent on the countrys ability to guarantee security within her borders. This is a goal that the current Government is committed to attain. It is also a good that many Kenyans are longing for.8It is against this background that there have been attempts by the Kenyan Government to institute police reforms. Though the Government had initiated the Police Reforms since 2004 when the NARC Government first came to power, on platforms of Reforms, these reforms werelargely operational and administrative as they did not address the structur al policy and legislative reforms that were fundamental in transforming the Police.9Consequently, the Government appointed the matter Task Force on Police Reforms on the 8th May, 2009, led by The Hon. Justice (Rtd) Philip Ransley in Kenya Gazette Notice No.4790.10The Task Force was mandated with the following Terms of References-11 see the existing policy, institutional, legislative, administrative, and operational structures, systems and strategies and recommend comprehensive reforms taking cognizance of the recommendations contained in agenda 4 Kriegler, Waki and other Police related Reports so as to enhance police efficiency, effectiveness and ship professionalism and accountability.(Special focus to be given to recommendations on Police Service Commission Independent Police Oversight Authority Policing Policy and topic Security Policy)Examine the existing competence, skills knowledge and attitudes of the Police at all levels and make recommendations aimed at enhancing shared core values, policing excellence and benchmarking against international best practices.Review the human alternative management and development policies with a view to examine current standards and practices in recruitment, deployment, training, career progression, exit, post-exit management and recommend implementation of changes that enhance morale, meritocracy and professionalismReview the creatureing, logistical and technical capacity and recommend changes necessary to sustain modern security management, disaster management, conflicts and early warning/rapid response systems and joint operational preparedness dodgeReview the state of preparedness of the police to attack insecurity and other forms of emerging security challenges occasioned by national and international threats such as terrorism, piracy, organise gangs, drug/human trafficking, industrial espionage, cyber crime, money laundering, and economics crimesReview and recommend strategies to harmonize and fast-track par tnership between the community and security agencies in policingDesign a continuous monitoring and paygrade mechanisms to track police reform gains and consistency of policing needsRecommend earmark institutional arrangement to oversee the implementation of comprehensive police reformsPrepare a draft Police Reforms Bill to embrace the comprehensive Police reform agendaMake any other appropriate recommendations that add value to police reforms andDevelop a prioritized implementation matrix imbibely categorizing the immediate, medium, and long- term police reforms and the attendant budgetary requirements. Within two and half months to submit to the President its findings and recommendations.The task Force submitted its report on October 2009 having made various recommendations tote upd under four headings-Professionalism, accountability, operational and administrative reforms and institutional policy and legislative reformsOn 8th January,2010, the Government established the Polic e Reforms Implementation Committee charged with the responsibility of coordinating, supervising, providing, technical guidance, facilitation as well as mobilizing resources, communicating, monitoring and evaluation of reforms in the police.12The promulgation of the Constitution of Kenya, 2010 on 27th August, 2010 marked a milestone on the issue of the Police Reforms in Kenya.To crown it all, Article 243 to 24713constitutionally provided a departure from the previous regime organizations of the police matters.1.1. Objectives of the StudyThe study intends to appraise police reforms in Kenya and recommend the best approach to reforms, hence rear to the process of reforming the police in Kenya to be more effective and accountable in their service. The research will also act as an informative tool and strengthen the knowledge of the readers, researchers, and any other interested parties. Specific objectives of the study wereTo identify indicators of police reformsTo identify appropriate analysis and measurement tools to measurement the level of police reforms in KenyaTo gauge the level of police reforms and to benchmark with that of other countriesTo recommend measures for the realization of police reforms in Kenya.1.2 Problem StatementThe following points summarize problem statement concerning police reform in Kenya that this research seeks to addressNot much has been done in terms of realistically appraising police reforms in Kenya.There is lack of continuous expert evaluations along the way. In certain cases, internal evaluations that are deficit of technical analysis are carried out, the reliability of the findings may be questionableThe police still have outdated compound cultures and brutality with deep rooted corruption rate which is a concern of the public, the Kenya Government and the international communityLack of professionalism ineffective supervision and poor managerial skills curt and oversight accountability and oversight mechanisms in the police obtuse pace of enactment of necessary legislations to speed up the reform process1.3. Scope of the ResearchIt was necessary to clearly define boundaries of the research to focus on the objectives of the study and to eliminate ambiguities. The focus of the research was to assess the successes, failures and challenges of police reforms by identifying reform indicators and gauging reform activities using them. The goal was to shed light into the realities of police reform efforts by highlighting discoverments and by benchmarking with other exemplary strides in Africa and the world. This research, being an appraisal, meaning judging the nature/value of the reform process or devising considered opinion on quality/extent/status, the research dwelt on aspects that closely correlated with reform evaluation.1.4. Theoretical FrameworkThere are various theories which unfreeze reforms. These theories explain the relationship between the ways things are and how they ought to be, the realisms and the idealisms.The Natural Law vie propound true law as the right reason in agreement with nature.14That law is universal, eternal and unchanging and that there is only one source of law and the enforcer of this eternal and unchanging law is God. That law is a rule whereby man is induced to act or restrained from acting. Principles common in all natural law theories are that15there are imperious values against which the validity of law should be tested.That there exists an order which is rational and which can be known by man.That man can become awake of the universal, eternal and comprehensible values, if he observes nature and understands it correctly. And that from these values man may derive appropriate value-statements.That, that which is good is in accordance with nature and which is evil blow to nature.That a law which lacks moral validity is wrong and unjust.Positivism refers to a system of philosophy ground on things that can be seen or proved rather than ideas. The basic premise of positivism lies in the derivation of positum meaning that the law is something posited or laid down. The positivist law argues thus that true law is law enacted by the sovereign and backed by sanctions16-Law is a social factThe idea of law being a command emanating from a sovereign powerThe idea that law must embody a medium of sanctionsThe separation of law from morals or ethical concernsThat society must be in habitual obedience of the lawIdealism refers to the practice of forming or pursuing or believing in ideas, even when this is not realistic. It is the public opinion that ideas are the only things that are real or about which we can know anything.17The theoretical framework of this study is therefore to be based on the natural and positive school of thoughts which are related in that positivism arose to answer defects in the naturalists understanding of law18. But more to the ideas of the two theories, the study is based on idealisms, what ought to be rathe r than what is.1.5. Conceptual FrameworkThere are a reduce of concepts that explain policing e.g. problem-oriented policing, evidence-based policing, community policing, prognostic policing and intelligence-led policing. This research proposes the framework of predictive policing to analyze police reforms in Kenya. Predictive policing is defined as any policing strategy or tactic that develops and uses information and advanced analysis to inform former thinking crime prevention19. Predictive policing concept involves info mining, geospatial prediction, statistical probability and social network analysis. Since this research involves much of data mining and intense use of statistical methods, the concept suits this research.Predictive policing approach originated from a number of sources including intelligence and business analytics20. This approach was adopted because the criminal justice system in Kenya shortly has inadequate tools and research to the development of evidence-ba sed practices. This concept is embraced as the police services continue developing intelligence-led policingTo be able to use this approach, the research proposes a boil pot framework with a pot of reform factors on a three stone hearth acting as pillars firing the reforms. The pillars support the police organization and energize management, administration and the entire police structures. These pillars are capacity legal environment, personnel, budget compensation, personnel, training equipment. The emergences of the boiling pot are reduced crime rate, observance of human rights, police-public cooperation, public acceptance of the police service, political independence of the police, incorruptibility and reachable police service with authority. run into 1 The boiling pot model of police reform SourceAuthorThe boiling pot model was proposed in this research as an innovative way of explaining police reforms in the background of predictive policing since a lot has to be in plac e to facilitate boiling. The reform process needs support and should any one pillar crumble, effect are seen in the results which are squarely dependent on input from the pillars. Again, if the boiling heat goes down, expected results are delayed, half-realized or not achieved at all. Figure 1 illustrates police reforms boiling pot model.1.6. Limitations of the StudyThere were obstacles that possibly limited the validity of results of this study to some extent. Limited time and hurdles of data collection ranging from resources to field visits were cumbersome. Questionnaire questions are possible sources of error so great care in constructing them is essential if valid information is to be gained from the survey21.Some of the interviewees declined to answer questions or were busy or lacked interest hence could give unreliable information. This research addressed this limitation, according to guidelines by Barbara and Robert (1980), A Practice Guide to behavioral Research, pp. 20, u sing interview techniques like probes and other means of avoiding socially desirable response-statements and other undesirable interviewer/respondent interactions.Availability of data on police reforms is exceedingly limited especially in Africa22. Available police data from the Kenya Police and Administration Police is ad hoc and not systematically collected and cannot be very reliable in appraising the successes and failures of police reforms in Kenya.Chapter 2. Literature ReviewBerkeley23notes reform is such a strong word (which) is often misapplied in regard to police service delivery. Too often it becomes the term for what should be called organization or structure review. Reform is defined as a change for the weaken or improvement by removal of faults24 it means to fine-tune and restructure without radical changes25. Police reforms therefore mean restructuring the police services with the aim of meliorate them changing them for the better and fine-tuning the services. In re spect to security sector reforms, SSR, police reform is defined as the transformation of a security system, including all the actors, their roles, actions and responsibility to manage and operate the system in a manner that is consistent with democratic norms and sound principles of good governance26.2.1. Police Reforms in AfricaPolicing in Africa is still inadequately documented and has been shaped by colonial rule that was greatly concerned with protecting interests of the colonial power compared to safeguarding safety and security needs of the people27. After colonial rule mostly during the 1960s, development of more personal, impulsive and arbitrary neo-patrimonial rule played a role in shaping the police. Incumbent regimes utilized colonially transmitted repressive capacity of the police to defend regime interests28.Since many countries in Africa have faced internal civil war, brutality and destruction, the police became perpetrators, targets and casualties. The 2008 violence in Kenya saw role of Kenyan police forces with large scale brutality and extra-judicial killings in a large scale29.Dynamics of police reform in Africa is tacit within the context of policing environment for example in conflict-ridden areas, rural area policing, role of politics in reform process among others. In conflict areas, world(a) policing is always seen as irrelevant or as part of the problem since more of military approaches are adopted. In such cases, untried armed units which act as roving agents of repression and control30are created to defend the interest of the power of the day.There are proofs of intimate connection between police and politics in Africa31. Police reform is regarded a political endeavor and political interests are fundamental to the reform process. Police reforms envisaged in Africa involve changes in structure, function and legitimacy. Structurally police change from centralized to decentralized form functionally the police change from emphasizing d efense of regime to protection of citizens, and regarding legitimacy the change is from regime-based to people-driven legitimacy32.Police Reforms in South Africa and the get together States of AmericaIt is important to do comparative analysis of police reforms in Kenya with that in the USA and South Africa as benchmarks. The two countries are chosen as pinnacles of police reforms with South Africa giving a realistic African example.2.2.1. Police Reform in South AfricaPolice reform in South Africa is understood within the unique political context. Apartheid system had racial status as its main feature and security institutions were organized in a similar way3839. South African Police and the judiciary were dominated by white officers at the senior level. Apartheid was known for brutality of security forces and far-flung violation of human rights. During 1960 1990, about 78,000 people were detained without trial by the police because of political activism against apartheid40. Sevent y-three executions in detention by police were recorded during that outcome of formal apartheid.In recent years, security forces were responsible for high levels of torture, extra-judicial executions and disappearance of pro-democracy activists. The coercion of unpopular racist laws created a deep crisis of legitimacy in the pre-reform criminal justice system in South Africa. In the late 1980s, the state of apartheid was in serious crisis forcing the police, army and bureaucracy to invent strategies, one being National Security Management System (NSMS) to defeat the liberation movements. The police and military suppressed protests during the State of Emergency declared in 1985 and there were mass arrests, trials, persecution, and murder.Police reform was shaped by negotiated political settlement after apartheid, that agreed to retain all employees of the apartheid government, police officers included. The settlement also created a Government of National Unity and Truth and Reconcil iation Commission which dealt with some police abuses in apartheid.As negotiations were going on, the police were already involved in framing new arrangements for the management of public order and security of elections under the auspices of the National Peace Accord multi-party experience that gave the police a preview of the style necessary by democratic government.The police reform process was given highest priority in the first period of transition and state institutions relevant to effective combat of crime were put in place41. Mandela government had a challenge to build trust between state agencies, including the police, and the citizens. The police was given legitimacy of being associated with the new regime and was attached to repression of apartheid. Police-community relationship was to be built to allow the basic functionality of the police institution42.The initial steps to police reform in South Africa were shaped by clear strategic decision taken by the government with strong emphasis on accountability and oversight. In the south term of the democratically elected government, after political control and legitimacy has been achieved, the government started to emphasize the role of police in fight against crime. With many unfastened issues in initial stage of police reform, the government gave great importance to several strategic priorities and policies leading to great ideas in paper but inadequate capacity to implement policies in the police institution. Though South African experience of police reform is cited as a model for other African states, the process was laborious and often agonizing for members of the police organization43.2.2.2. Police Reform in the United States of AmericaInitial efforts of reform were through institution of external commissions that outlined reforms and left the burden of implementation to the police. Important changes in policing, in respect to civil rights and constitutional law, were realized through a number of court decisions443. Court decisions between 1961 and 1966, especially Mapp versus Ohio and Miranda versus Arizona, were highly influential and thus began to set national policing standards4534.During the 1970s, special commissions were used to create changes in police and other law enforcement agencies. Permanent external oversight agencies were used to improve police accountability. The agencies focused on individual improvements35and left out broader organizational issues that could result to long-term reform initiatives.Enactment of Violent Crime Control and Law Enforcement Act in 1994 allowed for suits against law enforcement agencies with regard to abuses resulting into many departments signing memorandum of understandings to reform36. The United States Department of Justice conducted investigation on abuse patterns in police and brought legal action to force changes. Less-than-lethal weapons like chemical sprays were introduced as alternatives to deadly force37. Police refo rm encouraged police officers to try to deescalate situations with verbal warnings and persuasion and consider use of force continuum38.2.3. Key Lessons from South Africa and USAThe following are clear from the two experiences39Substantial resistance to police reform efforts is highly expected from economic elite who gained from the old system and institutions which control public security mechanismSectors that feel insecure would champion for citizen-oriented policingThere is possibility of politicians taking selfish advantage of the reform process and thus violating the spirit of police reformThe government in place may form parallel police units that undermine development and legitimacy of the reform process or even favor crabby police units compared to the othersIn attempts to demilitarize the police, attention should be focused on composition, mission, doctrine and hierarchical separation of the police from military commandParticipation of antecedently neglected groups in pol icing helps to ensure that policing is effectively representative of and responsive to the society. International actors can provide assistance with issues of composition and doctrine, as well as advice.To achieve effective reforms, there is need to strengthen and equip crim