Senior cops to be held liable for junior officers’ misconduct under proposed law changes

Senior police officers could soon be held liable for the actions of their junior officers if Parliament enacts proposed amendments to the National Police Service (NPS) Act.

The Independent Policing Oversight Authority (IPOA) has called for these changes in response to rising complaints of police misconduct, including the use of unmarked vehicles, altered number plates, and tactics that obscure officers’ identities during operations.

IPOA officials argue that the anonymity trend, which has become common in managing protests, undermines their mandate to ensure police accountability.

The Authority raised its concerns during a hearing before the National Assembly’s Administration and Internal Security Committee, noting that this anonymised policing trend hinders investigations into officer misconduct.

“Police superiors also fail to prepare and/or provide operations orders and deployment schedules to the authority. The above gravely undermines the Authority’s effort to hold individual police officers to account,” IPOA Chief Executive Officer Elema Halakhe said.

Halakhe explained that IPOA is currently investigating several cases of enforced disappearances, including Wajir County MCA Yussuf Hussein, who went missing on September 13.

Allegations of police involvement in Hussein's and other disappearances have surfaced, as has evidence suggesting police complicity in the deaths of Gideon Kioko and Denzel Omondi, who were abducted in July and later found dead.

MPs' frustrations

Members of Parliament expressed frustration over IPOA's inability to name specific police units bypassing regulations during recent anti-government protests.

But Halakhe responded saying, “The question of who is responsible in terms of police officers is dependent on investigations, which is usually case by case and can only be ascertained upon conclusion. I don’t want to generalise, and these cases are on different levels of investigations.”

Homabay Town MP Peter Kaluma pressed for updates on IPOA’s investigations, noting that families impacted by extrajudicial killings and disappearances remain in anguish.

“Do you have proof to confirm these abductions are being conducted by the NPS? The state of the investigations is crucial for families seeking justice. In the course of your investigations, which unit of the police do they come from?” Kaluma posed.

Sotik MP Francis Sigei added, “Kenyans are alarmed by the recent abductions and killings. This country is governed by law. Can you elaborate on cases where IPOA has conducted investigations and there is concrete evidence that police were involved?”

Halakhe cautioned against generalising culpability, noting that IPOA evaluates each case individually.

“The proof on the unit involved is determined case by case, and we have been able to establish that in some cases, special units are involved in the abductions and kidnappings,” he said.

The oversight authority's appeal comes amid protests largely sparked by the Finance Bill 2024, which was eventually withdrawn following public backlash.

The bill proposed tax increases and other measures that citizens deemed regressive amid high living costs.

Rights groups claim that during these protests, police used a mix of lethal and non-lethal force on largely peaceful protesters, with some incidents of protestors throwing stones or teargas canisters back at the police.

The Kenya National Human Rights Commission (KNHCR) reports that 60 lives were lost and 26 people remain unaccounted for.