REPUBLIC OF KENYA NATIONAL POLICE RESERVE POLICY FRAMEWORK

Transcription

1 REPUBLIC OF KENYA NATIONAL POLICE RESERVE POLICY FRAMEWORK Draft Version 1.0 July 2013

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3 Table of Contents Introduction... 1 Benefits of the Reserve and Management Challenges... 1 Policy and Legal Context... 2 Roles and Responsibilities of Policing Institutions... 3 Cabinet Secretary... 3 The National Police Service Commission... 3 The National Police Service and the Office of the Inspector-General... 4 Internal Affairs Unit... 5 The Independent Policing Oversight Authority... 5 Management and Organizational Structure... 6 The National Police Reserve Unit... 6 Director and Duties... 7 Organization and Supervision... 7 Ranks and Precedence... 8 Reserve police officer... 8 Oath of Office... 8 Database of all the Officers of the Reserve police officers... 9 Pay and Allowances... 9 Arms and Ammunition... 9 Leave... 9 i

4 Change of Residence... 9 Uniforms Discipline Release and discharge Communication with the public or press Training Implementation Immediate Mandatory Actions ii

5 Introduction This National Police Reserve Policy Framework describes the Government s policies for the constitution, management and supervision of the National Police Reserve and to be applied by responsible institutions. It focuses on management, funding and professional outcomes that are necessary to the operationalization of the National Police Reserve under the existing policies, institutional and legislative framework. The National Police Reserve (referred to as the Reserve ) is established under Section 110 of the National Police Service Act It may be deployed in the Country to assist the Kenya Police Service or Administration Police Service in their respective mandates including the maintenance of law and order; preservation of peace; protection of life and property; prevention and detection of crime; apprehension of offenders; and enforcement of all laws and regulations with which the Service is charged. This Policy Framework seeks to ensure effective and efficient management of the Reserve under the supervision of the National Police Service. It puts in place administrative measures designed to ensure better coordination amongst institutions charged with the vetting, recruitment, enlistment, training, deployment, supervision and discipline of the Reserve. Benefits of the Reserve and Management Challenges There is broad public agreement that the Reserve remains critical component for the management of our national security. It is vital in providing the first responses to insecurity prone areas. The services rendered by the Reserves include provision of security to public institutions such as schools, churches, private enterprises, NGOs and conservancies where they serve as game scouts or rangers. It also provides employment opportunities for persons willing to volunteer for Service. A major issue facing the Reserve is poor accountability and professional standard measures for its composition, management and deployment. These have contributed to the following problems: political interference; uncoordinated command and control structure; confusion over mandate; inadequate supervision; poor records; 1

6 inappropriate training; uncoordinated recruitment and deployment; poor kitting; inadequate funding; lack of professionalism. Although the National Police Service Act 2011, put in place legislative and institutional framework to operationalize the Reserve the challenges facing the Reserve require clear policy direction on matters of management and coordination. The Government remains committed to role of the Reserve and shall seek to integrate national policies relating to national security into policing policy and programmes such as the Reserve in order to enable the National Police Service to deliver on its core functions. Policy and Legal Context The Government in accordance with the Constitution continues to transform the National Police Service into a professional and accountable security agency that can effectively and efficiently deliver on its services. The Constitution prescribes fundamental changes in both the structure and command of the Police Services. It also demands highest standards of professionalism, transparency, accountability and discipline in the National Police Service. The National Police Service Act 2011 forms the policy and legislative basis for the constitution of a National Police Reserve as an integral part of the National Police Service. It provides for the establishment of Reserve that may be deployed in Kenya to assist the Kenya Police Service and Administration Police Service in their respective mandates. It requires that Reserve Police Officers are bound by the same requirements as Police Officers in the National Police Service, unless material considerations indicate otherwise. In this regard formulation and development of National Police Service policies, rules, regulations, service standing orders and decisions must take into account the Reserve. 2

7 The National Police Reserve Policy Framework focuses on management, funding, monitoring and supervision of the Reserve and how these are expected to be applied by responsible institutions. It does not discuss details of policies, rules, and regulations for which the Reserve is bound by (vetting, recruitment, deployment, enlistment, training, pay and allowances, discipline, leave). These are determined by various policing institutions charged with specific responsibilities under the National Police Service Act 2011, National Police Service Commission Act 2011, and the Independent Policing Oversight Authority Act It does however set out immediate mandatory actions for operationalization of the Reserve. Roles and Responsibilities of Policing Institutions Cabinet Secretary The National Security Council is ultimately responsible for supervisory control over the National Security organs including the National Police Reserve. Practical responsibility is delegated to the Cabinet Secretary who is responsible for providing policy guidelines to the Reserve, monitoring and evaluating the performance of the functions of the Reserve, and facilitating the involvement of the public in the activities of the Reserve. The National Police Service Commission The National Police Service Commission is responsible for determining the maximum number of Reserve Police Officers in the Country, maintaining and updating a database of all the officers of the Reserve police officers, vetting all existing Reserve police officers to assess their suitability and competence, training of existing Reserve police officers and developing rules for recruitment, enlistment and training of a Reserve police officers. 3

8 Other statutory responsibilities of the Commission with respect to the Reserve include: 4 Keeping under review all matters relating to standards or qualifications required of persons volunteering for service and enrolled as Reserve police officers; With the advice of the Salaries and Remuneration Commission, determining the appropriate pay and allowances of a Reserve police officer mobilized during a state of war or a state of emergency; Formulating the procedure for recruitment and disciplinary measures for a Reserve police officers; Ensuring the Reserve is efficient and effective Hearing and determining appeals from Reserve police officers Approving training curricula of Reserve police officers and overseeing their implementation; Investigating, monitoring and evaluating the organization, administration and personnel practices of the Reserve; Receive and refer civilian complaints with regards to Reserve police officer to the Independent Policing Oversight Authority, the Kenya National Human Rights and Equality Commission, the Director of Public Prosecutions or the Ethics and Anti-Corruption Commission, as the case may be, where necessary; Review and make recommendations to the Government in respect of conditions of service, code of conduct and qualifications of Reserve police officers; Monitor and evaluate the performance of the Reserve; The National Police Service and the Office of the Inspector-General The National Police Service is responsible for supervision of the Reserve. The Reserve is under the overall and independent command of the Inspector-General.

9 Within the Service, the Inspector-General and any officer in charge of the Service in a county are responsible for deployment and calling of Reserve police officers resident in the county. The Office of the Inspector-General is also responsible for issuing Standing Orders for the administration, general control, direction of the Reserve and ensuring that the Reserve is allocated sufficient funds to finance its activities. Internal Affairs Unit The Internal Affairs Unit of the National Police Service is responsible for receiving and investigating complaints against the police including Reserve police officer, promoting uniform standards of discipline and good order in the Service, and keeping a record of the facts of any complaints or investigation made to it. It is also responsible for making lawful disciplinary actions to the National Police Service Commission including the interdiction of a Reserve police officer, the suspension of a Reserve police officer, the administration of a severe reprimand or a reprimand to control or influence the pay, allowances of a Reserve police officer. The Independent Policing Oversight Authority The Independent Policing Oversight Authority is responsible for holding the Reserve accountable to the public in the performance of their functions. It must ensure independent oversight of the handling of complaints by the National Police Service. Other statutory responsibilities of the Authority with respect to the Reserve include: Investigating complaints related to disciplinary or criminal offences committed by any member of the Reserve and making recommendations to the relevant authorities, including recommendations for prosecution, compensation, internal disciplinary action or any other appropriate relief, and must make public the response received to these recommendations; Receiving and investigating complaints by members of the Reserve; Monitoring and investigating policing/reserve operations affecting members of the public. 5

10 Monitoring, reviewing and auditing investigations and actions taken by the Internal Affairs Unit of the Service in response to complaints against the Reserve and keeping a record of all such complaints regardless of where they have been first reported and what action has been taken; Co-operating with other institutions on issues of Reserve oversight, including other State organs in relation to services offered by them; Reviewing the patterns of Reserve misconduct and the functioning of the internal disciplinary process; Management and Organizational Structure The National Police Reserve management structure is based on the elements of reforms in the Report of the National Task Force on Police Reforms adopted by the Cabinet in October 2009, Ministry of Interior and National Government Coordination Report on Framework for Re-Engineering of National Police Reserve approved by the Cabinet Secretary in June 2013, and its supports and builds on the organizational structure and command of the Service as outlined in the National Police Service Act The National Police Reserve Unit The National Police Reserve Unit of the National Police Service must be created. The Unit must be headed by an officer not below the rank of Assistant Inspector-General who is the Director; a Deputy Director and such other staff as the management of the Reserve may require. The Unit should be located in the Office of the Inspector General. The functions of the Unit should be to deploy the Reserve to assist the Kenya Police Service or the Administration Police Service in their respective mandates including in the maintenance of law and order; preservation of peace; protection of life and property; prevention and detection of crime; apprehension of offenders; and enforcement of all laws and regulations with which the National Police Service is charged. 6

11 Director and Duties The Director of the Reserve should be responsible to the Inspector-General for administration, training and efficiency of the Reserve personnel in liaison with the respective County Formations. Organization and Supervision An officer in charge of the Service in a county should be responsible for the Reserve in that county. These officers should report directly to the Director who should subsequently report directly to the Inspector-General. Within counties, the Reserve organization should be based at Divisional and Police Premises with a Reserve police officer of equivalent rank to the Kenya police officer or Administration police officer at each level whom should act in liaison with the respective Services on matters affecting the Reserve. Figure: National Police Reserve Organizational Structure National Police Service Commission Inspector General Police Deputy Inspector General /KPS Deputy Inspector General /APS OIC County CCOM/KP CCOM/AP Police Station Reserve Police Officer 7

12 Ranks and Precedence Reserve police officers should hold the same ranks as officers of the Kenya Police Service or Administration Police Service but Kenya police officers or Administration police service officers must take seniority over Reserve police officers. Reserve police officers should be designated by their rank followed by the suffix R Reserve police officer The Reserve must consist of such persons being resident in and citizens of Kenya (other than serving members of the Kenya disciplined services) who having attained the age of eighteen years, volunteer for service and are accepted for service as Reserve police officer. Oath of Office A Reserve police officer should upon enrollment, make the declaration contained in the Fourth Schedule to the National Police Service Act Enrollment should be carried out within Counties and Divisions in accordance with establishment laid down from time to time by the National Police Service Commission. No person should be permitted to perform police duties as a Reserve police officer unless his/her enrollment has been completed, i.e. until: his/her suitability and competence to volunteer for service has been assessed; he/she has been trained and conversant with and conform to the Constitution of Kenya and Police Laws; his/her medical examination has been completed; he/she has undergone training in accordance with rules and regulations developed by the Commission; he/she has been issued with his/her Certificate of appointment for Reserve police officer. 8

13 Database of all the Officers of the Reserve police officers The National Police Service should open personal file in duplicate or triplicate for each Reserve police officer on enrollment. The files should be kept at Divisional, County and Service Headquarters. Pay and Allowances A Reserve police officer must serve voluntarily and should not be entitled to claim any remuneration for his/her services but while undergoing and performing duties should be paid such allowances as may be prescribed for a police officer of corresponding rank and seniority in such rank. The Salaries and Remuneration Commission should advice on the pay and allowances for the members of the Reserve. Arms and Ammunitions Reserve police officers may, when necessary, be armed with the same type of arms and ammunition as are issued to and used by the Kenya Police Service or Administration Police Service. Arms and ammunition for use by the Reserve may be issued from any police premises. Officers-in-Charge of counties should be responsible for the administration, maintenance, monitoring, and safe custody of such arms and ammunition. Issues of arms to Reserve police officers should be at the discretion of the officer in charge of the Service in a county subject to the approval of the Director. All Reserve police officers to whom arms are issued should be personally responsible for their safe custody and serviceability. Conditions as to the use of firearms must be inquired into in the same manner as provided in the National Police Service Act 2011 and any regulations on the use of firearms. Leave Reserve police officers who are proceeding on leave must inform their County Commanders prior to departure. Change of Residence Reserve police officers who change their places of residence or work must report such change to officer in charge of Service in their county before departure and give 9

14 full particulars of their new address. Such officers should be transferred to and must be taken on strength of the County to which they have moved, provided they wish to continue serving in the Reserve. Uniforms No Reserve police officer should wear uniform when not on police duties. Discipline Any serving Reserve police officer is a police officer in the National Police Service, when deployed to assist the Kenya Police Service or Administration Police Service must be subject to the same disciplinary code. They must neither take part in political meetings in uniform, nor in their capacity as officers of the Reserve. Offences against discipline must be inquired into in the same manner as provided in the National Police Service Act Release and discharge An officer in charge of the Service in a county may for good cause and after informing the Director, National Police Reserve Unit, release or discharge from the Reserve any Reserve police officer for any of the following reasons: At his/her own request in writing Having served for the period of service Having failed vetting Medically unfit Having been convicted of a criminal offence Communication with the public or press All Reserve police officers must be guided in their relations with the public or press by the provisions of Service Standing Orders, when on duty. No Reserve police officer should make any communication to the public or write any letter to the press in his/her capacity as a Reserve police officer except in accordance with the rules set out in the Service Standing Orders. 10

15 No Reserve police officer may divulge to any person any information received by him/her during the course of his/her service as an officer of the Reserve. Training All Reserve police officers must undergo training in accordance with training curricula approved by the National Police Service Commission. All training should as far as possible be carried out in the officer s own area and should be arranged so as to cause as little inconveniences as possible to the officer s private affairs. The National Police Service Commission must oversee and supervise all training. Implementation Effective management of the Reserve should enable coordination and efficiency in deployment and supervision of Reserve police officers. It must also contribute to wider national security strategic objectives, including the protection against internal and external threats to our territorial integrity and sovereignty, our people, their rights, freedoms, property, peace, stability and prosperity and other national interests. Immediate Mandatory Actions To operationalize the Reserve and enable it perform its functions effectively the following immediate mandatory actions are required: 1. The National Police Service Commission must determine the county establishments and maximum number of Reserve police officers; 2. The National Police Service Commission must conduct headcount of existing Reserve police officers and assess their suitability and competence to serve the Service; 3. The National Police Service Commission must determine the extent to which existing Reserve police officers are conversant with and conform to the Constitution and National Police Service Act; 4. The Inspector General must establish a National Police Reserve Unit in the National Police Service and Assistant Inspector General appointed to head the 11

16 Unit. The Assistant Inspector General will be the Director of the Unit and a deputy director and other staff should be recruited. 5. The Inspector General must issue Service Standing Orders with respect to the administration, management, command and control of the Reserve; 6. The Inspector-General must ensure that additional funds is allocated to finance operationalization of the Reserve; 7. The National Assembly must allocate adequate funds for operationalization of the Reserve and to enable it to perform its functions; 8. The Cabinet Secretary and Cabinet Secretary responsible for finance must make adequate funding for the operationalization of the Reserve; 9. The National Police Service Commission must undertake the training of Reserve police officers; 10. Officers in charge of the National Police Service in Counties must be appointed or designated accordingly; 11. Salaries and Remuneration Commission must determine the appropriate pay and allowances that must be paid to Reserve police officers; 12. The Ministry must set up an inspectorate for purposes of monitoring compliance with this policy framework, overall performance and functioning of the Service including the Reserve, county policing authorities 13. The Ministry must establish a Police Reform Unit for ensuring continuous and sustainable police reforms; 12