Ombudsman urges Uhuru to act on police excesses

July 13, 2016 6:11 pm
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The Chairperson of the Commission on Administrative Justice Otiende Amollo said the proposed Commission should be tasked with reviewing the "legal, regulatory, administrative and policy regime of the National Police Service /CFM NEWS
The Chairperson of the Commission on Administrative Justice Otiende Amollo said the proposed Commission should be tasked with reviewing the “legal, regulatory, administrative and policy regime of the National Police Service /CFM NEWS

, NAIROBI, Kenya, Jul 13 – The Office of the Ombudsman on Wednesday recommended that President Uhuru Kenyatta establish a Commission of Inquiry to develop a plan of action for rooting out impunity in the National Police Service.

The Chairperson of the Commission on Administrative Justice Otiende Amollo said the proposed Commission should be tasked with reviewing the “legal, regulatory, administrative and policy regime of the National Police Service with a view of making recommendations that would obviate extra-judicial killings.”

Should President Kenyatta in his discretion, act on the advice, the Ombudsman recommends that the National Police Service Commission, Kenya National Commission on Human Rights, Independent Policing Oversight Authority and itself be represented among, “other interest groups.”

But should he do so or not, Amollo said, the Commission would open a “systemic investigation” into the killing of human rights lawyer Willie Kimani, his client Josephat Mwenda and driver, Joseph Muiruri and other reported extra-judicial killings by police.

An investigation made imperative, Amollo said, by the high number of complaints made to the Commission against the Police “particularly” the Administration Police.

“That Kenyans are dissatisfied with the conduct of many police officers is an open secret. In 2015, the Commission handled 117,936 complaints of which 14,235 were against the Police Service. It is particularly disturbing that the Administration Police seem to be thoroughly implicated in many of these incidences.”

He gave two complaints it had handled in support of the above. “The killing of the (Mavoko) three comes barely four months after the murder of Edward Ng’ang’a. A complaint filed with the Commission indicated Ng’ang’a disappeared after he was summoned to appear at Kikuyu Police Station on March 17 only for his body to be dumped in Gilgil.

“Another example of a case that depicts wanton abuse of power by the police the Commission has handled relates to Liza Wangari Mwangi who was tortured by police. The Commission requested the High Court to compel payment of damages. Mwangi was finally paid nine million (shillings).”

The Commission of Inquiry the Ombudsman has suggested be established would also advise on reparation for victims.

On Wednesday Amollo announced that he would be following in the immediate former Chief Justice Willy Mutunga’s steps and leave office a year early.

“We were sworn in to office as Commissioners on November 14, 2011 for a period of six years. It is my intention that reaching the fifth year mark and that will be on November 14 this year, I will resign because it is my belief that what I set out to achieve, I have covered 99 percent of it.”

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