Police reform in Kenya: a process of ‘meddling through’

Abstract

Police operate within the given sociopolitical context of a country. Those working on police reform have to acknowledge the political arena in which it takes place – especially when such an arena is not fully supportive of the reform project. This article argues that implementing police reform in an ‘unwilling context’ may result in the building of new institutions to hold the police accountable, but is unlikely to have a substantial impact on police practice. It uses the reform process in Kenya as a case study. Kenya embarked on a fresh reform process in 2009, which resulted in the adoption of a new legal framework for the police in 2011. However, implementing the new legislation has proved challenging and the failure of both the executive and the police to comply with the new instructions has impeded the progress of the various newly built institutions and their impact on fair and effective policing. Since the reforms serve the interests of those in power only to a limited extent, and the direction provided by the law is ambiguous at times, there is ample space for deliberation over mandates and authorities, thus further diminishing the potential impact of the reforms. The public wants the police to enhance their effectiveness, especially in view of rising crime and terrorism, but is still grappling with the terms that should apply. Civil society needs to claim its position in directing that debate.