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State organs to probe police over human rights violation

Wednesday, June 9th, 2021 00:00 | By
From left: Deputy DPP Dorcas Oduor, Interior CS Fred Matiang’i, Appellate Court President Daniel Musinga, DPP Noordin Haji, Law Society of Kenya President Nelson Havi and Inspector General of Police Hillary Mutyambai launch the ODPP’s Excellence Charter in Nairobi, yesterday. Photo/PD/Kenna Claude

Director of Public Prosecutions, National Police Service (NPS) and Independent Policing Oversight Authority (Ipoa) will jointly investigate cases of serious human rights violations committed by law enforcers.

DPP Noordin Haji yesterday revealed the Internal Affairs Unit (IAU), the Directorate of Criminal Investigations (DCI) and Ipoa would appoint a liaison person in each region to act as their point of contact.

The appointed person will report to the Joint Implementation Committee and ultimately to the heads of various agencies. 

Haji’s office launched new Standard Operating Procedures (SOPs) to guide how such offences will be investigated and prosecuted to enable speedy delivery of justice to victims.

SOPs, the first of its kind in the criminal justice system, will enhance collaboration, coordination and organisational partnership. 

Reports indicate the ability to conduct effective, timely and comprehensive investigations have been frustrated by lack of teamwork and collaboration caused by mistrust between the investigating agencies, overlapping mandates and con-cooperation leading to delay in access to justice for victims of police violations.

Criminal activities

Speaking during the launch of the SOPs and the ODPP excellence charter in Nairobi yesterday, Interior Cabinet Secretary Dr Fred Matiang’í said the ministry does not condone crime and violation of human rights even by men and women in uniform. 

“There is evidence that we have disciplined officers who have gone beyond the Service Standing Orders,” he said. 

He also urged the legal fraternity to always notify authorities some of the criminal activities they help facilitate through their agreements in good time so that the agencies get these people.

“White collar crime in this country is facilitated by some of us but if we adopt a very collaborative process, we shall be able to deal with it in time,” said the CS.

Matiang’i also stated that there were efforts to upscale the capacity of police investigations to end cases of files being returned to fill evidential gaps that are ongoing with the introduction of a graduate police cadets programme.

“From the law enforcement, we will do our part. We are trying to measure up to the expectations of fighting crime in the modern environment.

We have already created a new cadre of police officers, all of them graduate trainees, who are currently undertaking a one-year training programme, and will graduate as cadets  drawn from various fields,” he said.

 The CS further noted that investigative agencies will give ODPP stuff that they can work with, and this will be achieved through investment that the government is making in the new forensics laboratory at the DCI headquarters and training new officers to measure up to the expectations of fighting crime. 

Haji also revealed that they had partnered with the Office of the High Commissioner on Human Rights in the development of the SOPs

Great strides

“The objective of the SOPs is to enhance inter and intra agency collaboration and coordination between investigation and prosecution of cases and further ensure accountability, transparency and expeditious disposal of complaints from victims of police violations,” Haji said

In the fight against graft, the DPP  said they had made great strides through prosecution of a number of high-level cases. 

He said the conviction rate increased from 37.6 per cent in 2017 to 70 per cent as at April.

Matiang’i also urged the public to step up into a more active role in fighting white-collar crime.

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