Ipoa pushes for intersex police cells, rejects arms for private guards

Ipoa chairperson Anne Makori addresses a breakfast meeting with the Kenya Editors Guild at Intercontinental Hotel in Nairobi on August 8, 2019. PHOTO | LUCAS BARASA | NATION MEDIA GROUP

What you need to know:

  • Ipoa commissioner Doreen Muthaura said the proposal to create these sections in cells and borstal institutions was part of a task force report on the matter.
  • Commissioner Walter Ogony said the move will help address cases of sodomy in police custody and incidents of inmates tormenting each other.
  • Ipoa further expressed concern about an increase in the misuse of firearms and killing of police officers following proposals to arm private guards.
  • The commissioners also spoke of challenges, citing inadequate funding to keep watch over the more than 100,000 police officers across the country.

The Independent Policing Oversight Authority (Ipoa) wants intersex cells established in police premises in order for their rights to be protected.

Ipoa commissioner Doreen Muthaura said the proposal to create these sections in cells and borstal institutions was part of a task force report on the matter.

Commissioner Walter Ogony said the move will help address cases of sodomy in police custody and incidents of inmates tormenting each other.

“The confinement rooms should also have cameras and be fitted with alarm bells so they can raise alarm if in danger,” Dr Ogony said during a breakfast meeting of the Ipoa and the Kenya Editors Guild (KEG) at Intercontinental Hotel in Nairobi.

Stephen Musau, Ipoa's director of inspections, research and monitoring, called for a total overhaul of police premises to cater for intersex individuals and for alignment with the standards for protection of human rights.

THIRD GENDER

The term intersex describes a person born with sex characteristics - genitalia, gonads, hormones and chromosomes - that do not match the typical male or typical female body.

As such, there has been a push for Kenya to create laws that recognise intersex as the third gender.

At the breakfast meeting, commissioner John Waiganjo said the group should be captured in the population census.

It has been difficult to tell the number of intersex individuals in Kenya as many seek anonymity due to stigma while some are unaware of their state.

ARMED GUARDS

Ipoa further expressed concern about an increase in the misuse of firearms and killing of police officers following proposals to arm private guards.

“No private security service providers should be armed as it poses a huge challenge. Note that even members of the National Police Service, who are trained to use firearms, are misusing them,” Ms Muthaura said.

She also noted misuse of guns by members of formations outside the mandate of the Ipoa, such as the Kenya Wildlife Service and the Kenya Forest Service.

Ms Muthaura said the law should be amended to allow the watchdog to monitor all armed forces.

ACHIEVEMENTS

Ipoa commissioners led by chairperson Anne Makori, the second team that took over in October 2018, highlighted the organisation's successes since it was formed seven years ago to ensure police accountability.

They noted six convictions and training of the NPS on leadership.

“The six cases have sent shivers [down the spines of police]. We hope reforms will be carried out as we are not there to punish police but to professionalise them,” Ms Muthaura said.

Ipoa has received at least 13,000 complaints while 50 cases are pending in court.

Commissioner Waiganjo said 30 per cent of the cases were from police officers and had been reported to the Internal Affairs Unit of the NPS.

CHALLENGES

The commissioners also spoke of challenges, citing inadequate funding to keep watch over the more than 100,000 police officers across the country.

They also noted that they have faced hurdles investigating Kenya Defence Forces members accused of engaging in malpractices during security operations under the command of the Inspector-General of Police.

They added that some victims of police brutality refuse to cooperate with Ipoa's sleuths making it difficult for the organisation to present water-tight cases.

The commissioners also noted that some cases are delated and that Ipoa's investigators find it difficult to access police cells where most cases of brutality against civilians occur.

They also have face hurdles probing police officers who are arraigned but continue serving and living in police quarters. The commissioners demanded that police facing investigations step aside.

FORENSICS

The authority also relies on external expertise in terms of forensic investigations.

The commissioners said that in some case, test results take long to be released and still have to be examined by the very officers under investigation.

In addition, parallel investigations by the Directorate of Criminal Investigations result in quick inquests that affect Ipoa's work.

Ipoa is an independent authority established under the Ipoa Act to provide civilian oversight over the work police

Other commissioners present were Dr Jonathan Lodompui, Dr Jimmy Mwiti and Ms Fatuma Mohamed, who called for collaboration with the media.

KEG President Churchill Otieno vouched for professionalism in the police service and a shift from the requirement of physical fitness to education during recruitment, due to changing crime trends.