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Disservice to the SERVICE disSERVICE to Report of the Monitoring of the 2016 Recruitment of THE SERVICE Police Constables to the NPS. Kenya National Commission on Human Rights 1 2 disSERVICE to THE SERVICE Report of the Monitoring of the 2016 Recruitment of Police Constables to the National Police Service. i © 2016 Kenya National Commission on Human Rights. Copyright The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by due acknowledgement of the authors of this publication. ISBN: 978-9966-040-29-9 This Report was published by: Kenya National Commission on Human Rights, Head Office, 1st Floor CVS Plaza, Kasuku Rd off Lenana Road, P.O. Box 74359-00200, Nairobi, Kenya Tel: 254-20-2717908/928/900 Fax: 254-20-2716160, Email: [email protected] Website: www.knchr.org © KNCHR, 2016. Cover design and layout: Intercode Solutions [email protected] | www.intercode.co.ke ii CONTENTS 1 Introduction 5 Legal Norms Relevant to the Recruitment of Police Officers 7 Findings of the Monitoring Exercise 23 Observations 24 Recommendations 25 Conclusion 26 Annex 1: Police Monitoring Recruitment Tool 28 Annex 2: Request for Accreditation 29 Annex 3: Introduction Letter for Monitors 30 Annex 4: Press Statement on the Police Recruitment 34 Annex 5: Letter to the IG and the NPSC upon Conclusion of the Police Recruitment Process 37 Annex 6: Advertisement for Recruitment of Police Constables 41 Annex 7: National Police Service Commission. Recruitment and Appointment Regulations 2015 54 Annex 8: Advisory to the National Police Service and the National Police Service Commission on the 2016 Recruitment of Police Constables iii iv INTRODUCTION 1. The Kenya National Commission on Human Rights is an independent National Human Rights Institution established under Article 59 of the Constitution and operationalized through the KNCHR Act, No. 14 of 2011. The KNCHR has the twin mandate of watchdog and advisory roles that has seen it engage in working on security sector reforms since inception with the monitoring of police recruitment being one of the key pillars of this engagement. The KNCHR has monitored the recruitment of police constables in 2013, 2014 and 2015 with the recommendations from these exercises being forwarded to the relevant agencies. This engagement on monitoring the police recruitment has been carried out with other partners in the Police Reforms Working Group that comprises non – state actors working on police reforms that include Kenya Human Rights Commission, the Usalama Reforms Forum, IMLU, the Federation of Women Lawyers (FIDA), the International Centre of Transitional Justice, Kituo Cha Sheria and International Commission of Jurists (ICJ – Kenya). The monitoring of the recruitment of police constables in 2016 was carried out by the KNCHR and Usalama Reforms Forum. 2. The 2016 Monitoring of the Police Recruitment exercise was carried out in 120 recruitment centres spread across different parts of the Country with the monitors being recruited from among the various actors that the KNCHR has worked with, that included individual Human Rights Defenders, Civil Society Organizations, Faith Based Organizations, KNCHR regional offices1 and Kenyans with an interest in police reforms. A monitoring tool designed to measure the extent to which the process complied with the applicable laws and regulations was developed and shared with the monitors. All monitors were furnished with an introduction letter for purposes of securing their entry into the recruitment centres and obtaining the required information that would be useful for the monitoring exercise. An SMS based platform was used where questions were sent to the monitors at periodic intervals for responses. In addition, an operation centre was established at the KNCHR Head Office in Nairobi to coordinate the monitoring exercise throughout the 1 KNCHR regional offices of Kisumu, Wajir, Kitale and Mombasa 1 INTRODUCTION Country. This operation centre was managed by KNCHR. 3. The KNCHR mandate obligates the Commission to ensure the observance of human rights in all spheres of life and specifically by security organs not only due to the important role played by the security agencies in protecting life but due to the immense power that is endowed on the security agencies to enable them carry out their work. This power can be abused in the absence of necessary safeguards and thus the importance of the Commission and other actors in ensuring the observance of human rights by the security agencies when carrying out their work. The KNCHR is further obligated to protect the Constitution. Article 10 of the Constitution on national values and principles as read with Article 244 of the Constitution requires that the following principles be observed in the public sector and specifically the NPS; Accountability, transparency, professionalism, public participation. 4. These principles are key for the National Police Service due to the important role that they play in helping in the transformation of the Police from regime policing to democratic policing which places the respect of human rights at the centre of service delivery, this is the key area of concern to KNCHR and other actors working on security sector reforms in the Country. In achieving this transformation several task forces have been set up, with the latest being the Philip Ransley Task Force in 2009 that recommended the establishment of National Police Service Commission, the National Police Service and the Independent Policing Oversight Authority. These institutions were consequently entrenched in Chapter 14 of the Constitution of Kenya with their operationalization being done through various constitutive Acts. The Constitution establishes the NPSC under article 246 with the mandate of recruitment and appointing persons to hold or act in offices in the National Police Service, confirm appointments and determine promotions and transfers within the Service. In addition, section 10 of the National Police hese principles are key for the National Police Service due to the important role that they play in helping in the transformation of the Police from regime policing to Tdemocratic policing which places the respect of human rights at the centre of service delivery, this is the key area of concern to KNCHR and other actors working on security sector reforms in the Country. 2 INTRODUCTION Service Commission Act provides for the functions of the NPSC aimed at ensuring that the NPS recruits and retains fully professionalized officers. In exercising this mandate, the NPSC has since establishment engaged in three recruitment exercises with the 2014 exercise being nullified by a court of law after several complaints of corruption, nepotism, tribalism, favoritism among other irregularities. This nullification saw the NPSC advertise for the positions in 2015 where the authority to recruit was delegated to the Inspector General of Police. The recruitment carried out on 20th April 2015, an exercise that was monitored by KNCHR. This recruitment exercise was carried out just few days 5. he extent to after the gazettement of the Recruitment and Appointment which the Trecommendations Regulation 2015 by the National Police Service Commission. of this report was The Monitoring Report of the 2015 recruitment exercise was implemented by the Inspector General and forwarded to the Inspector General and the National Police the National Police Service Commission has Service Commission and recommended for; the need to carry remained a matter of out the recruitment in line with the developed regulations, concern to the KNCHR based on the manner in the need to take into consideration the gender requirements which the 2016 Police Recruitment exercise during the recruitment exercise, a call for departure from has been carried out. the traditional approach of giving prominence to physical This begs the question on commitment of aptitude as opposed to intellectual aptitude, the need for police reforms by the principal agencies that individual and collective accountability for recruitment panel have been mandated to members among others. carry out this work. 6. The 2016 recruitment of Police Constables was advertised on 22nd April 2016 for recruitment of 10,000 suitably qualified applicants in 292 recruitment centres across the Country. This recruitment exercise was delegated to the Inspector General of the National Police Service by the National Police Service Commission in line with section 10 (2) of the National Police Service Commission Act and regulation 3 of the recruitment and appointment regulations 2015. Prior to the advertisement, the President of the Republic of Kenya had on 1st March 2016 during a pass out parade for the members of the General Service Unit in Embakasi directed the National 3 INTRODUCTION Police Service Commission to recruit 10,000 police constables to deal with terror, youth radicalization, criminal activity and cattle rustling. This directive by the President to the NPSC clearly went against the National Police Service Commission Act which calls for its independence. In response this directive, the NPSC consequently advertised for the recruitment of police constables one week later. 7. Following the advert the KNCHR observed the several anomalies in the advertisement that were not in line with the several pieces of legislations guiding the process. The KNCHR consequently did an advisory dated 29th April 20162 which among others called for the need to adhere to the two tier process as envisaged in regulation 10 (c) of the regulations, adherence to gender, regional and ethnic balance as envisaged in regulation 5 of the regulations, individual and collective accountability of members of recruitment panels as envisaged in regulation 13 of the regulations, time for opening and closing of the recruitment centres. A press conference was convened on 3rd April 2016 where all these concerns were shared with the members of the public3. 8. The Commission further wrote to the IG and the NPSC informing them of the KNCHR intention to monitor the exercise and an accreditation letter for the same sought through a communication with the IG on 1st April 20164.
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