Fake police post in Uasin Gishu sparks curiosity over process of establishing a police station

The confession by Collins Leitich alias Chepkulei alias “General” the man behind the alleged setting up of an illegal police base in Kesses

that the process of setting up the station may have failed to follow due process has prompted questions over how a police station is established in the country.

“I decided to paint that place, I did not like to start it, I painted it with the help of the community because of the insecurities that we have

been having in that area,” he said on Tuesday.

The building housing the fake base belongs to one Stephen Maiyo who has remained unassociated with the painting work that captured the attention of senior security officials in the county.

Asked whether he knows he committed a crime by his actions, Leitich told journalists on Tuesday afternoon, “I cannot say whether there was a mistake or not, but there is always a procedure and before you can go and paint something, you must have gone some few steps, maybe the steps were not complete but we had taken some few steps.”

His response signalled the possibility that some local authorities were aware of his actions much as a police report filed at Kondoo police station on Saturday indicated that he did it without the knowledge of any senior police officers, hence the decision to initiate a probe.

The shocking incident has become the subject of talk in Kenya with many wondering what procedure is used to set up such a government facility.

What the law says

According to the National Police Service Act, the Inspector General of Police has the final say on the establishment of a police station.

“The functions of the Inspector-General shall be to determine the establishment and maintenance of police stations, posts, outposts, units

or unit bases in the county and determine the boundaries of the police stations, outposts or unit bases,” the Act reads in part.

Section 10(n) Further, gives powers to IG to designate any Police station, post, outpost, Unit or Unit base as a place of custody.

Additionally, the Act further gives the IG the mandate to determine the distribution and deployment of officers in the service.

Chapter 10, paragraph 1(1) of the National Police Service Standing Orders (SSO) states that the Inspector General shall from time to time

by a notice in the Kenya Gazette designate police stations, posts, outposts, units and patrol bases.

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However, before any place is designated as a police station, posts, outposts, unit bases or patrol base, there is always consultation among

the key stakeholders in the criminal justice system. Members of the public are involved through public participation.

As such, on numerous occasions, Members of Parliament for example have followed requests from their constituents and engaged local security committees in discussions over setting up stations in locations that experience a spike in insecurity but are manned by far-flung stations.

In such cases, the decision is arrived at after it is concluded that setting up a station or a post is an ideal deterrence to criminality and an avenue to instil governance in the area of concern. The decision has to have the IG's approval as the floor plans and complementary facilities are approved by the state.

Last year, Khadija police station at Frere Town ward was opened as part of a broader initiative to enhance security across the Nyali sub-county in Mombasa County after their plans were approved by the IG.

At the time, Nyali Mp Mohamed Ali said the station is part of efforts to decentralize security by establishing four new police stations in strategic locations among them Frere Town, Mbungoni, Ziwa la Ng'ombe, and Kadzandani.

"We've brought these police stations closer to the grassroots to ensure the safety and security of our residents. The new stations will help us tackle the rampant issue of crime and provide a more effective response. It makes no sense to have only one police station serving a sub-county with around 300,000 people," Mohamed said.

He also revealed that the plan for each of the new stations is to equip them with three distinct cells: one for women, one for missing children, and one for men. The facilities are also designed to provide temporary care for neglected children until they can be placed in a permanent home or reunited with their families.

Around five years ago, the Ruiru constituency was experiencing a spate of crimes that security agencies and local leaders said would be solved by opening up sub-stations in areas where population density was high but were served by far-flung stations.

Githurai 45 and surrounding areas, for example, were served by the Kimbo police station and a small police post that could not effectively cater to the burgeoning population.

It was then that the Githurai-Mwiki police station in Githurai was built using the local constituency fund money and opened by then Deputy Inspector General of Police Edward Mbugua.

Similar initiatives have led to the opening up of multiple stations across the country.