CAB MEMO NO:..

COPY NO:..
CABINET MEMORANDUM ON THE ESTABLISHMENT OF THE POLICE
CIVILIAN OVERSIGHT BOARD.
Purpose
The purpose of this Memorandum is to brief the Cabinet on the need to encourage the
development of a culture of human rights, integrity and accountability within the police
force; promote good working relationship between the police and the public; promote
good working conditions and policies in the police force and other disciplined forces;
establish a police oversight agency and the encouragement of good policing in a
democratic society through the establishment of a police civilian oversight body.
The overall goal therefore is to
(a) developing a legal framework that enhances internal and external police
accountability in a democratic society;
(b) build a sense of confidence in the public that police work is fair, evenhanded, and free of bias; and
(c) build a sense of confidence in the police force that complains against the
police officers and their welfare will be treated fairly and without
prejudice.
Background and Justification
1. Police Civilian Oversight Board Bill, 2008 put forward has been under
consideration for some time. From 1997 there has been a desire to hold the Kenya
Police and other disciplined forces accountable to the people. The Police have

been viewed as an authority on itself with a deep seated culture of impunity

among the police and other disciplined forces. The culture is not only in the police
but even within the police force where some officers are favoured than others.
The need for accountability has been recognized by the government and the police
force itself.
2. Thus as part of its strategic plan and development in 2003, the police have since
proposed the establishment of a police oversight body. Further in the vision 2030,
one of the Medium Term outputs envisaged by the Police in the next five years is
the establishment of a Police Oversight Board. To this end, the Minister in charge
of Internal Security has proceeded to establish a Police Oversight Body vide
Gazette notice of 6th September 2008.
3. The concept of civilian oversight of policing basically involves people from
outside the police having a role in calling the police to account for their actions,
policies and organisation. The concept is both old and new in Kenya. It is old if
the concept is expanded to include the role the citizens sector including the media,
student bodies and human rights organisations have played in demanding and
compelling the Kenya Police Force to be more accountable to the citizens from its
inception in 1930 under the colonial government. It is albeit new in the country if
we adopt the popular understanding of the concept, which restricts it to the
activities of state institutions with specific and direct mandate to deal with
citizens complaints against misconduct and review outcomes of police handling
of citizens complaints against its personnel. The whole concept of police
oversight is to ensure that police are held accountable in a democratic society.
Thus to demand that police be held accountable to the law does not make one
anti-police. Rather, it stems from a democratic understanding that all
government workers are employees of all the people, and that no one is above the
law.
4. This Bill is a result of extensive consultations among various stakeholders.
Indeed, the initial Bill was developed by the Kenya Human Rights Commission,
an NGO that has been championing reforms in the Police. The Commission, after

preparing the Bill, forwarded it to the Ministry of Internal Security. The Minister
embraced the Bill and has since consulted further and refined the refined the
original version as prepared by the Kenya National Human Rights Commission.
5. In developing this Bill, regard has been taken of the fact that there are existing
legislations regulating various branches of the Police and other disciplined forces.
It is from this background that the Ministry deemed it necessary to develop an
independent legislation without necessarily amending a single piece of legislation.
The proposed body will oversee the operations of the police and its auxiliaries and
it is prudent to develop a separate bill.
6. Establishing and sustaining mechanisms for civilian oversight is often a difficult
process. There are certain factors that can help or hinder the development of
civilian oversight of policing:
a. Political support;
b. Police cooperation;
c. Activist support;
d. Resources;
e. Management and leadership; and
f. Public attitudes.
7. Conscious of these problems and the difficulty of securing consensus on whether
to establish the proposed oversight bill and its mandate, the Minister after wide
consultation is of the view that the proposed body is a necessary to ensure
accountability, respect for human rights and professionalism in the Police force
and other disciplined forces.
8. Accordingly, in formulating this law, the Minister has borne in mind the fact that
the Government is committed to a democratic society and rule of law in which
social justice must prevail.

Strategic Steps for the Implementation of the New Government Policy on Police
Oversight
9. To successfully implement the current government policy on democratic policing
and to encourage accountability and professionalism within our security
operators, the following strategic steps are proposed:
Step 1: Establish and independent police oversight body to oversee the
operations of the police both internally and externally.
Step 2: Bring all disciplined forces involved in one way or the other in the
maintenance of law and order under the operations of the oversight board.
Step 3: Enact an Act of parliament that specifically establishes the proposed
body with sufficient power to undertake its mandate.
Step 4: Put in place enforcement mechanisms that will help turn the Police Force
and other disciplined forces into professional outfits that can spur
democratic governance, full enjoyment of human rights and security and
peace in the country.
Step 5: implement a comprehensive monitoring and evaluation system that
will track performance within the police and other disciplined forces
and will be linked to established sectoral wide integrated monitoring
and evaluation frameworks for tracking progress and achievements
Proposed Institutional Framework
10. To this end, a new Police Oversight Bill, 2008 is proposed with a Police Oversight
Board being established. The Board will be comprised of nine members including
the chairperson all appointed by the President after a competitive interviewing

process by the National Assembly through the Parliamentary Committee on

Security. Of the nine members, four are drawn from already existing government
agencies including the Kenya National Commission on Human Rights, the
Attorney-General, the Ministry of State in charge of Internal Security and the
Public Complaints Standing Committee. The members drawn from the
governmental agencies are ex-official members. One third of the members must
be from either gender.
11. The purpose of the legislation is therefore to strengthening the system of police
accountability by providing an independent review of the Kenya Police Force, the
Administration Police and other disciplined forces. The legislation further
provides for mechanisms for auditing police performance and policies and
ensuring that the Police Service has proper professional standards.
12. The law provides further for a fair way of addressing public and police complaints
by investigating and making recommendations that address both citizen and law
enforcement officer concerns, and thereby building confidence and credibility in
police community relations in Kenya; enhance respect for human rights and
have a dignified police force. These purposes are achieved by establishing an
independent civilian oversight agency with sufficient mandate to address the
concerns raised.
STRUCTURE OF THE BILL
13. Part I of this Bill deals with the interpretation and application of the Bill. It makes
it clear that the Bill is to apply to the Kenya Police Force, its auxiliaries and any
other disciplined force that the president may determine from time to time.
14. Part II deals with the establishment, composition, powers and functions of the
Board. It provides for the independence of the Board in delivering on its mandate.
It provides that the Board be established with its headquarters in Nairobi.

15. Part III deals with financial provisions. The bill provides for the financial and
operational autonomy of the Board.
16. Part IV deals with investigation powers. It empowers the Board to carry out
investigations and can require the assistance of any government agency. The part
further provides for reporting mechanism. The Board is expected to prepare two
reports one dealing with operations and another with matters on investigations
and recommendation. The Board then reports to Parliament, President and sends
copies of reports to head of police agencies whose actions may be required to
implement the recommendations.
17. Part V deals with miscellaneous matter and empowers the Board to refer its
findings to the Attorney General for prosecution. This takes cognizance of the fact
that prosecutorial powers are constitutionally vested in the Attorney-General.
18. The role of the President, Parliament, the Minister, the various heads of Police
and disciplined forces agencies are given specific roles to play in the oversight
process ranging from appointment of Board members, investigations and
implementation of the Board recommendations and reports.
19. It is thus hoped that the Bill contains all the requisite statutory provisions
necessary to make the oversight body effective with proper reporting and
implementation mechanisms of ensuring that the objectives of the law is achieved.
20. The Cabinet is invited to note the contents of this memorandum and approve;
i.

Establishment of a Police Oversight Board to be headed by a Chairperson.

ii.

Enactment of a new legislation, i.e. the Police Oversight Act, 2008.

21. To direct the Minister for State in charge of Internal Security to take necessary
action to have the proposed law debated in Parliament.
. ..
Hon. Prof. George Saitoti
Minister for State in charge of Internal Security.
Dated---------------------------------------------