An Appraisal Of Police Reforms In Kenya Criminology Essay
Police Services form part of the executive arm of the Government. Before the promulgation of the Constitution 2010, on 27th August 2010 they were referred to as Police Forces and were under the Ministry of State for Provincial Administration and Internal Security.
The two Police Forces were the Kenya Police and the Administration Police Forces established under the repealed Police Act Chapter 84 and Administration Police Act Chapter 85 respectively. Together with other three sister departments in the Ministry, that is the NACADAA, the Government Press and the Provincial Administration, the five key departments are all answerable to one Accounting Officer under the Ministry.
The Commissioner of Police has been the in charge of the Kenya Police Force while the Commandant of Administration Police, who before 27th August, 2010 operated under delegated authority [1] , has been in charge of the Administration Police Force. More often than not the Police have found themselves in crossroads with members of public and Civil Society Organizations. This has led to them being viewed as the key violators of Human Rights [2] . They have earned a title violators rather than protectors and keepers of Human Rights. The Alston Reports [3] on Judicial killings laid blame on Police on deaths and disappearance of youth without anybody accounting for them. Several shootings of innocent individuals have been associated with the Police guns.
The duty imposed on Police of Protection of life and property has been reduced to perception that they are to eradicate life and property of innocent people. The experts on commission for enquiry and thinkers of reforms came up with recommendations in their report after the 2007-2008 Post Election Violence which associated most loss of life to the excessive use of force by police amongst other vices and omissions. Waki Report [4] indicate that the “security forces were powerless against the violence”.
Often, when we think of police reforms, the people concerned many a times tend to either forget or neglect the primary reason and function of the police service right from the initial stage it was formed to where they focus it to be, which is of great importance and should always be taken seriously.
Peaceful co-existence and calmness in the society is the recipe for experiencing and enjoyment of freedom and human rights. With breach of this, society is bound to be in a chaotic state, confusion and fear. This is why police work always comes in handy if professionally applied backed with strong laws and reliable independent judicial systems.
The society creates laws and puts in place the justice system to deal with law breakers; police on the other hand has a responsibility to enforce these laws within the society for the purpose of sustaining peace and calmness. When a society enjoys relative peace and order, it signifies that people obey the laws laid down with offenders being subjected to justice promptly. Strict justice systems and societies law obedience always ease the work of police.
You can institute police reform, you can reorganize service delivery but you cannot alter the fundamental principles of policing and police operations. Reformers and reform agendas must be cognizant of another reality that police officers and police services are delivering something that some people in the society are opposed to. No one wants to be a victim of crime. No one wants the law, criminal or regulatory, enforced on them. [5]
Police reform or review will not make this disappear and no matter how you package or tidy up service delivery or the players, there will always be displeasure with the police. So we mostly find that the performance of any organization depends on the principles on which it is founded and the tempered actions of its officers.
Violations of the founding principle of an organization lead to straying away hence corruption, inefficiency and partisan personnel who can easily be misused by influential who have personal interest of enriching themselves. It is because of this, that the police have found themselves being misused by politicians as they serve as agents of political executives rather than as an instrument of a democratic state. This leaves a weak police Service heavily reliant of its masters who politicize and destabilize the police hence vices.
The police force had been marked with a reputation of applying the law selectively against opponents, whether political or personal, at the behest of person of influence. Impunity has reigned supreme and hence reforms appearing to be a distant reality.
Security is a basic human right as it is underlined by Article 3 of the Universal Declaration of Human Rights. As a member of the family of nations, Kenya subscribes to this Declaration. As a country, we regard security as a matter of national priority. [6] Security of person’s as a basic human right is also one of the most significant factors contributing to the quality of communities worldwide. Security provides an enabling environment for citizens to live and work in, and it stimulates social, economic and political development. [7]
Kenya’s transition, and prospects of development, hinge to a great extent on the country’s ability to guarantee security within her borders. This is a goal that the current Government is committed to attain. It is also a good that many Kenyan’s are longing for. [8]
It is against this background that there have been attempts by the Kenyan Government to institute police reforms. Though the Government had initiated the Police Reforms since 2004 when the NARC Government first came to power, on platforms of Reforms, these reforms were
largely operational and administrative as they did not address the structural policy and legislative reforms that were fundamental in transforming the Police. [9]
Consequently, the Government appointed the National Task Force on Police Reforms on the 8th May, 2009, led by The Hon. Justice (Rtd) Philip Ransley in Kenya Gazette Notice No.4790.1 []
The Task Force was mandated with the following Terms of References:-1 [1]
Examine the existing policy, institutional, legislative, administrative, and operational structures, systems and strategies and recommend comprehensive reforms taking cognizance of the recommendations contained in agenda 4; Kriegler, Waki and other Police related Reports so as to enhance police efficiency, effectiveness and institutionalize professionalism and accountability.(Special focus to be given to recommendations on Police Service Commission; Independent Police Oversight Authority; Policing Policy; and National Security Policy);
Examine the existing competence, skills knowledge and attitudes of the Police at all levels and make recommendations aimed at enhancing shared core values, policing excellence and benchmarking against international best practices.
Review the human resource management and development policies with a view to examine current standards and practices in recruitment, deployment, training, career progression, exit, post-exit management and recommend implementation of changes that enhance morale, meritocracy and professionalism;
Review the tooling, logistical and technological capacity and recommend changes necessary to sustain modern security management, disaster management, conflicts and early warning/rapid response systems and joint operational preparedness strategy;
Review the state of preparedness of the police to combat insecurity and other forms of emerging security challenges occasioned by national and international threats such as terrorism, piracy, organized gangs, drug/human trafficking, industrial espionage, cyber crime, money laundering, and economics crimes;
Review and recommend strategies to harmonize and fast-track partnership between the community and security agencies in policing;
Design a continuous monitoring and evaluation mechanisms to track police reform gains and consistency of policing needs;
Recommend appropriate institutional arrangement to oversee the implementation of comprehensive police reforms;
Prepare a draft Police Reforms Bill to embrace the comprehensive Police reform agenda;
Make any other appropriate recommendations that add value to police reforms; and
Develop a prioritized implementation matrix clearly categorizing the immediate, medium, and long- term police reforms and the attendant budgetary requirements. Within two and half months to submit to the President its findings and recommendations.
The task Force submitted its report on October 2009 having made various recommendations summarized under four headings:-Professionalism, accountability, operational and administrative reforms and institutional policy and legislative reforms
On 8th January,2010, the Government established the Police Reforms Implementation Committee charged with the responsibility of coordinating, supervising, providing, technical guidance, facilitation as well as mobilizing resources, communicating, monitoring and evaluation of reforms in the police.1 [2]
The promulgation of the Constitution of Kenya, 2010 on 27th August, 2010 marked a milestone on the issue of the Police Reforms in Kenya.To crown it all, Article 243 to 2471 [3] constitutionally provided a departure from the previous regime organizations of the police matters.
1.1. Objectives of the Study
The study intends to appraise police reforms in Kenya and recommend the best approach to reforms, hence contribute to the process of reforming the police in Kenya to be more effective and accountable in their service. The research will also act as an informative tool and strengthen the knowledge of the readers, researchers, and any other interested parties. Specific objectives of the study were:
To identify indicators of police reforms;
To identify appropriate analysis and measurement tools to measurement the level of police reforms in Kenya;
To gauge the level of police reforms and to benchmark with that of other countries;
To recommend measures for the realization of police reforms in Kenya.
1.2 Problem Statement
The following points summarize problem statement concerning police reform in Kenya that this research seeks to address:
Not much has been done in terms of realistically appraising police reforms in Kenya.
There is lack of continuous expert evaluations along the way. In certain cases, internal evaluations that are deficit of technical analysis are carried out, the reliability of the findings may be questionable;
The police still have outdated colonial cultures and brutality with deep rooted corruption rate which is a concern of the public, the Kenya Government and the international community;
Lack of professionalism; ineffective supervision and poor managerial skills; inadequate and oversight accountability and oversight mechanisms in the police;
Slow pace of enactment of necessary legislations to speed up the reform process;
1.3. Scope of the Research
It was necessary to clearly define boundaries of the research to focus on the objectives of the study and to eliminate ambiguities. The focus of the research was to assess the successes, failures and challenges of police reforms by identifying reform indicators and gauging reform activities using them. The goal was to shed light into the realities of police reform efforts by highlighting achievements and by benchmarking with other exemplary strides in Africa and the world. This research, being an appraisal, meaning judging the nature/value of the reform process or making considered opinion on quality/extent/status, the research dwelt on aspects that closely correlated with reform evaluation.
1.4. Theoretical Framework
There are various theories which justify reforms. These theories explain the relationship between the ways things are and how they ought to be, the realisms and the idealisms.
The Natural Law vie propound true law as the right reason in agreement with nature.1 [4] That law is universal, eternal and unchanging and that there is only one source of law and the enforcer of this eternal and unchanging law is God. That law is a rule whereby man is induced to act or restrained from acting. Principles common in all natural law theories are that1 [5] there are absolute values against which the validity of law should be tested.
That there exists an order which is rational and which can be known by man.
That man can become aware of the universal, eternal and comprehensible values, if he observes nature and understands it correctly. And that from these values man may derive appropriate value-statements.
That, that which is good is in accordance with nature and which is evil contrary to nature.
That a law which lacks moral validity is wrong and unjust.
Positivism refers to a system of philosophy based on things that can be seen or proved rather than ideas. The basic premise of positivism lies in the derivation of ‘positum’ meaning that the law is something posited or laid down. The positivist law argues thus that true law is law enacted by the sovereign and backed by sanctions1 [6] :-
Law is a social fact;
The idea of law being a command emanating from a sovereign power;
The idea that law must embody a medium of sanctions;
The separation of law from morals or ethical concerns;
That society must be in habitual obedience of the law;
Idealism refers to the practice of forming or pursuing or believing in ideas, even when this is not realistic. It is the belief that ideas are the only things that are real or about which we can know anything.1 [7]
The theoretical framework of this study is therefore to be based on the natural and positive school of thoughts which are related in that positivism arose to answer defects in the naturalists understanding of law1 [8] . But more to the ideas of the two theories, the study is based on idealisms, what ought to be rather than what is.
1.5. Conceptual Framework
There are a number of concepts that explain policing e.g. problem-oriented policing, evidence-based policing, community policing, predictive policing and intelligence-led policing. This research proposes the framework of predictive policing to analyze police reforms in Kenya. Predictive policing is defined as any policing strategy or tactic that develops and uses information and advanced analysis to inform forward thinking crime prevention1 [9] . Predictive policing concept involves data mining, geospatial prediction, statistical probability and social network analysis. Since this research involves much of data mining and intense use of statistical methods, the concept suits this research.
Predictive policing approach originated from a number of sources including intelligence and business analytics2 [] . This approach was adopted because the criminal justice system in Kenya currently has inadequate tools and research to the development of evidence-based practices. This concept is embraced as the police services continue developing intelligence-led policing
To be able to use this approach, the research proposes a “boiling pot” model with a pot of reform factors on a three stone hearth acting as pillars firing the reforms. The pillars support the police organization and energize management, administration and the entire police structures. These pillars are capacity & legal environment, personnel, budget & compensation, personnel, training & equipment. The results of the “boiling pot” are reduced crime rate, observance of human rights, police-public cooperation, public acceptance of the police service, political independence of the police, incorruptibility and reachable police service with authority.
Figure 1 The boiling pot model of police reform Source¼šAuthor
The “boiling pot” model was proposed in this research as an innovative way of explaining police reforms in the context of predictive policing since a lot has to be in place to facilitate boiling. The reform process needs support and should any one pillar crumble, effects are seen in the results which are squarely dependent on input from the pillars. Again, if the boiling heat goes down, expected results are delayed, half-realized or not achieved at all. Figure 1 illustrates police reforms boiling pot model.
1.6. Limitations of the Study
There were obstacles that possibly limited the validity of results of this study to some extent. Limited time and hurdles of data collection ranging from resources to field visits were cumbersome. Questionnaire questions are possible sources of error; so great care in constructing them is essential if valid information is to be gained from the survey2 [1] .
Some of the interviewees declined to answer questions or were busy or lacked interest hence could give unreliable information. This research addressed this limitation, according to guidelines by Barbara and Robert (1980), “A Practice Guide to Behavioral Research”, pp. 20, using interview techniques like probes and other means of avoiding socially desirable response-statements and other undesirable interviewer/respondent interactions.
Availability of data on police reforms is highly limited especially in Africa2 [2] . Available police data from the Kenya Police and Administration Police is ad hoc and not systematically collected and cannot be very reliable in appraising the successes and failures of police reforms in Kenya.
Chapter 2. Literature Review
Berkeley2 [3] notes: “reform is such a strong word (which) is often misapplied in regard to police service delivery”. Too often it becomes the term for what should be called organization or structure review. Reform is defined as a change for the better or improvement by removal of faults2 [4] ; it means to fine-tune and restructure without radical changes2 [5] . Police reforms therefore mean restructuring the police services with the aim of improving them; changing them for the better and fine-tuning the services. In respect to security sector reforms, SSR, police reform is defined as the transformation of a security system, including all the actors, their roles, actions and responsibility to manage and operate the system in a manner that is consistent with democratic norms and sound principles of good governance”2 [6] .
2.1. Police Reforms in Africa
Policing in Africa is still inadequately documented and has been shaped by colonial rule that was greatly concerned with protecting interests of the colonial power compared to safeguarding safety and security needs of the people2 [7] . After colonial rule mostly during the 1960s, development of more personal, impulsive and arbitrary neo-patrimonial rule played a role in shaping the police. Incumbent regimes utilized colonially inherited repressive capacity of the police to defend regime interests2 [8] .
Since many countries in Africa have faced internal civil war, brutality and destruction, the police became perpetrators, targets and casualties. The 2008 violence in Kenya saw role of Kenyan police forces with large scale brutality and extra-judicial killings in a large scale2 [9] .
Dynamics of police reform in Africa is understood within the context of policing environment for example in conflict-ridden areas, rural area policing, role of politics in reform process among others. In conflict areas, general policing is always seen as irrelevant or as part of the problem since more of military approaches are adopted. In such cases, new armed units which “act as roving agents of repression and control”3 [] are created to defend the interest of the power of the day.
There are proofs of intimate connection between police and politics in Africa3 [1] . Police reform is regarded a political endeavor and political interests are fundamental to the reform process. Police reforms envisaged in Africa involve changes in structure, function and legitimacy. Structurally police change from centralized to decentralized form; functionally the police change from emphasizing defense of regime to protection of citizens, and regarding legitimacy the change is from regime-based to people-driven legitimacy3 [2] .
Police Reforms in South Africa and the United States of America
It is important to do comparative analysis of police reforms in Kenya with that in the USA and South Africa as benchmarks. The two countries are chosen as pinnacles of police reforms with South Africa giving a realistic African example.
2.2.1. Police Reform in South Africa
Police reform in South Africa is understood within the unique political context. Apartheid system had racial status as its main feature and security institutions were organized in a similar way [38] 39. South African Police and the judiciary were dominated by white officers at the senior level. Apartheid was known for brutality of security forces and widespread violation of human rights. During 1960 – 1990, about 78,000 people were detained without trial by the police because of political activism against apartheid [40] . Seventy-three executions in detention by police were recorded during that period of formal apartheid.
In recent years, security forces were responsible for high levels of torture, extra-judicial executions and disappearance of pro-democracy activists. The coercion of unpopular racist laws created a deep crisis of legitimacy in the pre-reform criminal justice system in South Africa. In the late 1980s, the state of apartheid was in serious crisis forcing the police, army and bureaucracy to invent strategies, one being National Security Management System (NSMS) to defeat the liberation movements. The police and military suppressed protests during the State of Emergency declared in 1985 and there were mass arrests, trials, persecution, and murder.
Police reform was shaped by negotiated political settlement after apartheid, that agreed to retain all employees of the apartheid government, police officers included. The settlement also created a Government of National Unity and Truth and Reconciliation Commission which dealt with some police abuses in apartheid.
As negotiations were going on, the police were already involved in framing new arrangements for the management of public order and security of elections under the auspices of the National Peace Accord multi-party experience that gave the police a preview of the style required by democratic government.
The police reform process was given highest priority in the first period of transition and state institutions relevant to effective combat of crime were put in place [41] . Mandela government had a challenge to build trust between state agencies, including the police, and the citizens. The police was given legitimacy of being associated with the new regime and was attached to repression of apartheid. Police-community relationship was to be built to allow the basic functionality of the police institution [42] .
The initial steps to police reform in South Africa were shaped by clear strategic decision taken by the government with strong emphasis on accountability and oversight. In the second term of the democratically elected government, after political control and legitimacy has been achieved, the government started to emphasize the role of police in fight against crime. With many unresolved issues in initial stage of police reform, the government gave great importance to several strategic priorities and policies leading to great ideas in paper but inadequate capacity to implement policies in the police institution. Though South African experience of police reform is cited as a model for other African states, the process was laborious and often agonizing for members of the police organization [43] .
2.2.2. Police Reform in the United States of America
Initial efforts of reform were through establishment of external commissions that outlined reforms and left the burden of implementation to the police. Important changes in policing, in respect to civil rights and constitutional law, were realized through a number of court decisions [44] 3. Court decisions between 1961 and 1966, especially Mapp versus Ohio and Miranda versus Arizona, were highly influential and thus began to set national policing standards [45] 3 [4] .
During the 1970s, special commissions were used to create changes in police and other law enforcement agencies. Permanent external oversight agencies were used to improve police accountability. The agencies focused on individual improvements3 [5] and left out broader organizational issues that could result to long-term reform initiatives.
Enactment of Violent Crime Control and Law Enforcement Act in 1994 allowed for suits against law enforcement agencies with regard to abuses resulting into many departments signing memorandum of understandings to reform3 [6] . The United States Department of Justice conducted investigation on abuse patterns in police and brought legal action to force changes. “Less-than-lethal” weapons like chemical sprays were introduced as alternatives to deadly force3 [7] . Police reform encouraged police officers to try to deescalate situations with verbal warnings and persuasion and consider use of force continuum3 [8] .
2.3. Key Lessons from South Africa and USA
The following are clear from the two experiences3 [9] :
Substantial resistance to police reform efforts is highly expected from economic elite who gained from the old system and institutions which control public security apparatus;
Sectors that feel insecure would champion for citizen-oriented policing;
There is possibility of politicians taking selfish advantage of the reform process and thus violating the spirit of police reform;
The government in place may form parallel police units that undermine development and legitimacy of the reform process or even favor particular police units compared to the others;
In attempts to demilitarize the police, attention should be focused on composition, mission, doctrine and hierarchical separation of the police from military command;
Participation of previously neglected groups in policing helps to ensure that policing is effectively representative of and responsive to the society. International actors can provide assistance with issues of composition and doctrine, as well as advice.
To achieve effective reforms, there is need to strengthen and equip criminal investigations unit to boost the ability to obtain prosecutions in serious criminal cases and to dismantle organized crime;
To help in improving accountability, oversight units e.g. IPOA should be developed and deployed simultaneously with operational units to deter development of bad habits;
Rapid judicial reform is a requisite to effective police reform. Dr. Willy Mutunga notes: “…judiciary is a critical pillar in the transformation of societies” 4 [] .
Time frame that is reasonable to fully reform police service is internationally agreed to be five years. Since the process of passing necessary legislations and establishing new police units like NPS, NPSC, IPOA took two years, the remaining parts of reforms can be done in the remaining three years4 [1] ;It is necessary to create public education and awareness involving NGOs and the media to ensure understanding and acceptance of new policing models by the public. It should not fail as previous efforts in the form of community policing4 [2]
2.4. Police Reforms in Kenya
In both colonial and post-colonial seasons, the two police forces in Kenya have basically practised regime-based policing. The police were agents/tools of pacification and punishment during the colonial era4 [3] . After independence, governments under Kenyatta, Moi and even Kibaki continued to use the police to repress citizens. KHRC notes that the police force carried marks of a punitive and citizen containment squad, rather than service oriented force4 [4] . Substantial police institutional energy was focused on “sustaining the power of the ruling party”4 [5] .
Much has been said and written, locally and globally on the need for Police Reform in Kenya. Reform in the Police Services is one of the key foundations for Kenya Vision 2030. Progress Report on Vision 2030 4 [6] states: economic, social and political pillars of the Kenya Vision 2030 are grounded on the existence of security, peace and tranquility” .
In 2003, the NARC Government came into power on platform of reform 4 [7] . Several attempts were executed to reform the Police through operational and administrative measures such as increment financial allocations and a change in leadership. These initial steps resulted in increased police visibility and capacity. Governance, Justice, Law and Order (GJLOS) programme helped the police to acquire necessary training, equipment and vehicles4 [8] .
The Kenya National Dialogue and Reconciliation Agreement agenda no. 4 under analyses actions on the issue of Institutional Reform on Police. The Report of the Commission of Inquiry into Post Election Violence in its report dated 16th October 2008 recommended; “The Parties shall initiate urgent and comprehensive reform of the Kenya Police and the Administration Police. The Report of the Independent Review Commission on the General Elections held in Kenya on 27th December, 2007 recommended radical reforms on police to commitment to electoral integrity and respect for the inalienable franchise rights of Kenyan citizens.
The Alston Report noted that Police executed those they arrested without trial because they believe that the courts will set them free even when guilty. However that is not reason enough to kill suspects, where is the justice? Our national anthem says “justice be our shield and defender, but it is just a song sung on an occasion and words are of no consequence to many.4 [9]
The Report of the National Task Force on Police Reforms on the second paragraph of the background states that the overall goal of Police reform is to transform the Kenya Police and Administration Police Force into efficient, effective, professional and accountable security agencies that Kenyans can trust for their safety and security.
The Police Reform Programme 2011-2013, Statement by the Minister notes that the 2010 Constitution gives momentum for reforms in the Police through the creation and command of National Police Service. Institute of Policy Analysis and Research Commission for the implementation of the Constitution Quarterly Report for the period, January-March 2012 (IPAR) Paper on Police Reforms in Kenya: Perceptions and Expectations of Key Stakeholders, July 2012 noted on the introduction the passage of the new Constitution in Kenya in the year 2010 heralded a new dawn in the management of state affairs and redefined state-society relationship. It provides for far reaching institutional, legal and operational reforms in the police force5 [] .
Commission for the implementation of the Constitution Quarterly Report for the period, January-March 2012 indicates that delay in operationalization of key constitutional offices as one of the Challenges of implementation of the content of the Constitution.5 [1] Ciru Getecha, “It is one thing to write a good law, but without values, it amounts to nothing” Daily Nation, Friday, July 13, 2012, note that; Effective implementation of 2010 Constitution should go hand in hand with a nationwide initiative to radically change the psyche of the of the Kenyans in a way more fundamental than civic education has done.
Report of the Independent Medico-legal Unit, “Wheat or Chaff? Vetting the Kenya Police Force to Establish a Service,” Sunday, January 15,2012 page 6 on dynamics of policing in Africa and Reforms notes that Policing in Africa, and the reform impetus, should be discussed within context. That there are various dynamics such as policing in conflict prone areas, policing in the rural areas, role of politicians in police reforms(who tend to stranglehold the process for vested interests), the policy frameworks that are available, not to mention the funding of those reforms among other variables.
Mwachofi Singo, Francis Wairagu , JAN Kamenju, Security Research Information Centre (SRIC) and Catholic Justice and Peace Commission(CJPC) Kitale and Eldoret , “Peace,Security and Development: An Agenda for the North Rift Region of Kenya.” 2nd Chapter 6th Paragraph, participant noted that development issues that could influence the improvement of security and development in North Rift Region was poverty and insecurity and gave views on what should be done to reduce the effects of both.
United Nations Office on Drugs and Crime, Handbook on police accountability, oversight and integrity, Criminal Justice Handbook Series note that the description of the police as the strong arm of the State reflects their authority to enforce laws and policies defined by State institutions. That in some countries, this leads to State representatives trying to influence the police to serve their interests rather than the public interest (known as political interference).5 [2]
United Nations Office on Drugs and Crime, Introductory Handbook on policing urban space, Criminal Justice Handbook Series note that while Government may change, police often remain in their jobs. Strategies and habits acquired under different systems, however also remain in place. While repressive policing may had its place in a more generally authoritarian political system that regularly trampled the rights of citizens and focused on repressing dissent more than on controlling crime, it often damages both efforts at policing and effective political leadership in more open systems.5 [3]
Literature addresses the concerns and the need for a reformed police services on effectiveness of administration of any democratic state and the challenges which are encountered during the processes.
Chapter 3. Research Methodology
The research seeks to analyze the effectiveness of the effort of the ongoing police reform in Kenya. The study seeks to explore quantitative and qualitative methods of collection of data and analysis in testing the research problem, questions, objectives, theoretical foundations and hypothesis.
Primary data was collected through the use of generated questionnaires that were customized to answer the research questions and directed to sampled members of public and police officers. This type of collection was used due to its capabilities of getting first-hand information because of purposive nature of non-random sampling involved in this research5 [4] ; it is a non-doctrinal legal research. The research allowed the use of analytical tools from other disciplines to give insights into the area of study5 [5] . Purposive sampling was adopted because a randomly selected survey respondent might not be knowledgeable or observant of the on-going police reforms compared to an expert respondent. One concern of purposive sampling is that the researcher gauges respondent reliability and this can be an avenue of error in the survey as inappropriate responses can render the data meaningless and invalid5 [6] . The researcher addressed the challenge by being equipped thoroughly with knowledge in sampling and statistics and involving experts in these fields and in the police service to get the target sample of respondents. Qualitative data got from the survey were transformed to quantitative data for statistical analysis and Likert-scale5 [7] rating was applied to gauge the indicators of police reforms.
Secondary evidence such books, journals and periodical reports were also utilized. The researcher was equipped with background on police reforms, research methodology, analytical skills both in statistical and legal aspects of appraisal among other information. Empirical data was compared to available information in literature. Internet sources of information were referred to.
3.1. Research Questions
Research questions were designed to respond objectives. They were as follows:
What are the successes and failures of police reforms in Kenya?
How can police reforms be achieved in Kenya?
What are the indicators and challenges of police reforms in Kenya?
What is the appropriate measure of the level of police reforms in Kenya?
3.2. Research Hypotheses
Hypotheses formulated in this research form ground for evaluation of general beliefs and relations. Confirmatory analyses of the hypotheses are done by proof of significance of data/results obtained from the survey conducted. The research identified several indicators of police reforms, and therefore hypotheses formulated respond to the level of achievement of the indicators. The hypotheses for this research are as follows:
Null Hypothesis: H10 The indicator of police reforms identified in this study has not been significantly achieved;
Alternative Hypothesis: H11 The indicator of police reforms identified in this study has been achieved significantly.
Null Hypothesis: H20 Resistance to police reforms from within and without has no significant effects on police reform efforts;
Alternative Hypothesis: H21 Resistance to police reforms from within and without has significant effects on police reform efforts
Null Hypothesis: H30 The objectives of the ongoing police reforms may not be a realized;
Alternative Hypothesis: H31 The objectives of the ongoing police reforms may be a realized.
Null hypotheses show that the observations in the research are by chance, while alternative hypotheses denote that the observations are influenced by some non-random cause.5 [8] Single sample z-statistics will be used to test the hypotheses because the respondent sample size will be greater than 30 and that normal distribution of responses is assumed5 [9] . Statistical threshold of significance of test is 95% confidence limit.6 []
3.3. Selection of Respondents
Respondent selection was done by non-random sampling since a sample knowledgeable in the subject of study was required. The researcher was guided by theoretical guideline on sample size in Table 2 below.
Table 2. Sample size, margin of error and confidence interval
Population
Margin of Error
Confidence Interval
10%
5%
1%
90%
95%
99%
100
50
80
99
74
80
88
500
81
218
476
176
218
286
1,000
88
278
906
215
278
400
10,000
96
370
4,900
264
370
623
100,000
96
383
8,763
270
383
660
1,000,000 +
97
384
9,513
271
384
664
Source: http://www.surveymonkey.com/mp/sample-size/
Since the matter of police reforms in Kenya has effects on Kenyans whose population is about 38.6 million, sample size of at least 384 expert respondents was targeted. Given that 100% response was improbable, percentage response expected was about 60%; therefore questionnaires were sent to 662 respondents. Chi-square, , test for the sample of respondents in Table 3 was calculated using the formula . Chi-square for the sample was =14.8459, degrees of freedom, df= 7, significance (probability of accepting null hypothesis), p (right-tail)= 0.038.
Table 3 Criterion-based respondent selection
Province
Population*
% Of Total Population
Expected respondents (fe)
Respondents who participated (f0)
Nairobi
3,138,369
8.13
57
33
Central
4,383,743
11.35
76
45
Coast
3,325,307
8.61
50
34
Eastern
5,668,123
14.68
100
59
North Eastern
2,310,757
5.98
45
24
Nyanza
5,442,711
14.10
100
56
Rift Valley
10,006,805
25.92
160
104
Western
4,334,282
11.23
74
45
TOTAL
38,610,097
100
662
400
* Source: Kenya Bureau of Statistics 2009 Census Results
3.4. Questionnaire Questions
Questionnaire questions were designed with aim to answer research questions stated. The questions were as follows:
What is your perception on Police in Kenya?(Tick appropriately)
Positive [ ] Negative [ ]
2. What do you think has contributed to the state of Police today?
3. Have you ever heard of Police Reforms? Yes [ ] No [ ].
4. If yes what is your understanding of police Reforms
5. What are your expectations on Police Reforms?
6. Do you think there will be change on Police work on the Implementation of Police Reform? Yes [ ] No [ ]
7. Do you think the Police reforms will be realized? Yes [ ] No [ ]
8. What are some of factors which are likely to hinder the realization of Police Reform in Kenya?
Do you think the attitude of member of public on policing may affect Police Reform?
Yes [ ] No [ ]
10. Gauge the pace of Police Reform in Kenya. Fast [ ] Slow [ ]
If slow, what do you think should be done to hasten the pace?
Do you think the change in government will affect the police reforms initiative.
Yes [ ] No [ ]
12. Can there be changes without the will from the affected parties i.e. the police and the public in general? Yes [ ] No [ ]
13.What is the effect of resistance to the police reforms effort?
14.Are the ongoing police reforms a reality?
Yes [ ] No [ ]
Give reasons for your answer.
To what extent do you agree that the following indicators of police reforms have been realized? (Kindly choose your rating from: 1= very much disagree, 2=disagree, 3=agree, 4=strongly agree, 5=very strongly agree)
Category
Indicator
Your Rating
Capacity
Adequate physical capacity e.g. manpower and equipment
Effective police training in solving all types of relevant crimes and enforcing public order
Presence of strategies to deal with capacity problems
Authority and Reach
Ability of the public to enjoy freedom of movement
Presence of political and legal frameworks that allow police to effectively combat the entire spectrum of crimes
Presence of the police in all areas under its control
Crime
Documented links between crime statistics and performance goals and measure outcomes
Presence of detailed crime statistics disaggregated by type of crime, region, gender, and ethnicity of victim and aggressor
Positive rates of change during reforms in each crime category
Coordination
Increased level of collaboration with judicial and penal sectors on investigations, arrests, and transfers of suspects from courts and prisons
Enhanced cooperation and consultation with the penal sector on detention, interrogation, and imprisonment
Greater cooperation and consultation with the judicial sector on trials, witness testimonies, and sentencing
Management, Supervision and monitoring
Improved supervision of officers
Mission statement, job descriptions, organizational hierarchy chart, handbook of standard operating procedures, and code of conduct have been distributed to, understood, and followed by all officers
Systematic procedures for how to process a criminal investigation, issue tickets, control riots, and other police functions have been adopted.
The police have adopted the use of a realistic and clearly defined strategic plan
The police use a system that monitors the achievement of the strategic plan’s objectives at both the national and local level
Use of data collection, such as crime statistics, in strategic planning efforts is adopted by the police
There exists a system that monitors police officers’ performance and it is tied to consequences and incentives
Oversight and Accountability
There exists an internal oversight mechanism that enforces discipline and investigates complaints of misconduct
There is an effective external mechanism that collects and investigates complaints of police misconduct
Descriptions/statistics of filed complaints and resulting disciplinary measures are taken by internal and external police oversight mechanisms
Personnel
Recruitment process has a set of reasonable and transparent standards for vetting police recruits
There is merit-based promotion system for monitoring and rewarding the performance of individual officers
Low turnover and high retention rates, disaggregated by rank, region, ethnicity, and reasons for leaving the service
Human Rights
Police training curricula currently incorporates international human rights norms throughout training in all subject matters
Public perceives police applying the law evenly and appropriately
There is decrease in number of complaints of human rights violations over time
Police-public cooperation
Community relations strategy has been developed and implementation resulting initiatives
Improved community policing efforts such as joint forums between police and community members
Available descriptions and statistics of public cooperation on police investigations of both low and high-profile crimes
There exists public security guarantees (e.g., witness protection program) for assisting the police with its investigations
Corruptibility
Public perceives low police corruption and positive changes over time
Police perceives low corruption within the service
Public, police, and government perceives low corruption in other government institutions, especially those close to the police service such as the ministry of internal security
Officers’ salaries are sufficient to support an average size family
Presence of merit-based promotion system and/or other rewards for good behavior
Presence and use of disciplinary mechanisms to publicly punish corrupt officers
Public Acceptance
Positive public perceptions of the police, its role in the community, and the legitimacy of its authority and reach disaggregated by region, ethnicity, and gender
There is increase in crime reporting disaggregated by region, ethnicity, and gender
There is public differentiation between police and other security actors, both formal and informal
Police budget
Police annual budget is spent responsibly
Presence and use of a budget plan for the current year and future years that is realistically aligned with the goals of the police service’s strategic plan
Percentage of national budget and GDP allocated to policing that is adequate for the service to effectively carry out its duties
Low or decreasing percentage of police budget paid by international donors
Acceptable percentages of police budget is used for officer salaries, maintenance, and purchase of equipment, and training
Police budget is flexible and adapts to changing needs of the police and the resources of the national government
Training and Equipment
Sufficient length and high quality of trainings for new officers, including on-the-job training
Subject areas of training are relevant to needs of the service
Number, length, and quality of refresher courses offered to current officers
High quality of trainings of trainers
Adequate number of qualified local trainers trained disaggregated by area of expertise
High retention rate of indigenous trainers
High ratio of vehicles purchased to vehicles used.
Presence of officers specifically trained in vehicle and equipment maintenance and repair
Political Independence
Independence of the police clearly defined in the constitution and/or other laws
Police is able to prosecute politically motivated crime evenhandedly, especially those involving local
politicians or their support bases
The police are able to maintain adequate degree of control over their budget and resources
Low threat to the continuity of officers’ jobs in the event of political changes and upheavals
Compensation
Police salary broken down by rank and region compares to those of other professionals (e.g. soldiers,
teachers, doctors, private security guards) and to the national median salary
Police salary is adequate to support an average sized family
Existence of compensation other than wages (e.g. health care, housing, pensions)
Low percentage of officers who hold a second job or have other businesses
Appropriate increases in officers’ salaries as they rise in rank
Salaries are paid in time
Please, feel free to add your comments regarding reforms …………………………………………………………….
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3.5. Data Analysis
The research was generally analytical and descriptive in nature as it tries to assess the outcome of the reform efforts undertaken; the analysis will be exploratory since it attempts to identify factors (independent variables) with high leverage on the dependent variable. The dependent variable is the relative success, and even shortfalls, of police reforms. These variables/indicators were identified both from literature and respondent answers to designed questionnaires6 [1] and were measured against the objectives of police reforms. Exploratory data analysis, EDA, was embraced in this research because of its ability to detect mistakes, check assumptions and that to determine relationships among the variables.6 [2]
Data obtained from Likert-scale rating of indicators by respondents were analyzed using statistical packages for social sciences, IBM SPSS® software version 19. Mean, mode and standard deviations of the respondents’ rating of indicators were obtained. Mode was preferred to mean because of concerns indicated in previous literature when using Likert rating. Analysis of z-statistics values showed the significance level for each indicator and a confidence limit of 95% was imposed.
The categories of indicators were correlated by determining Pearson’s correlation coefficient between them. For example, the category indicators of political independence and that of “corruptibility” are correlated to test the strength and nature of correlation between them, whether there is strong/weak, positive/negative correlation between them. Pearson’s correlation is given by Pearson’s correlation coefficient, Ï, in Equation 2.
(2)
where, is covariance between any two categories of indicators, and are the standard deviations of respective categories of indicators.
Covariance between two categories of indicators i and j is obtained by:
(3)
where and are the differences between individual indicator rating and mean rating for the indicators in groups 1 and 2 respectively for N ratings (sample size).
Since the indicators were 65, pair-wise covariance analysis of all of them would not be objective. Instead, covariance analysis of groups of indicators was done using structural equation modeling by applying IBM SPSS AMOS® software version 16. AMOS® software also has the beauty of testing fitness of the mathematical model and gives further insights concerning relationships6 [3] . AMOS was coined from Analysis of Moments of Structures in structural equation modeling.
Pearson’s correlation values are: -1 ≤Ï≤ +1; negative values show that as one factor improves the other decreases; while positive values show that an improvement of one indicator is related to improvement in the other. When Pearson correlation coefficient is more than 0.7 then there is strong correlation6 [4] .
Reliability of the research data was determined by estimating Cronbach’s alpha, α. Reliability of statistical data occurs when Cronbach’s alpha is ≥ 0.76 [5] . Values above 0.8 are attractive. Cronbach’s alpha is given by Equation 4.
(4)
Where, K is the number of indicators in a category, is the sum of variances of indicator rating in a category and is the variance of total test scores in a category.
Convergence of ratings by respondents was an important factor in data. Convergent validity was tested in this research by calculating average variance extracted, AVE 6 [6] . Equation 5 gives the Average Variance Extracted.
(5)
where ∑[λ2] is the sum of the weights/loading factors of indicators xi on reform category X, λ was obtained from principal component analysis, PCA, using IBM SPSS® software; Var(X) is the variance of indicator ratings in category X while ∑Var(εi) is the sum of error variances of indicator ratings in category X.
Acceptable AVE values should be greater than 0.56 [7] .
Chapter 4. Data, Results and Discussions
Figure 2 Public confidence in the police Source: KNDR Monitoring Project Review Report, May, 2012.
Figure 3 Recorded crime. Source: Kenya Police Crime Statistics Survey.
Figure 4 Border crimes and terrorist atta
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