Maraga made the remarks on Monday as he released the long-awaited report of the Taskforce on Police Reforms, which was handed to President William Ruto on November 16, 2023 but had not been made public.
NAIROBI, Kenya Aug 31 – Former Chief Justice David Maraga has stressed the need to restore the independence of the National Police Service, warning that continued political interference in the security sector could undermine Kenya’s constitutional order and peace.
Maraga made the remarks on Monday as he released the long-awaited report of the Taskforce on Police Reforms, which was handed to President William Ruto on November 16, 2023 but had not been made public.
Maraga said he had been compelled to release the report after nearly three years of waiting, arguing that Kenyans have a right to access, scrutinise and debate recommendations contained in a document that was produced using public resources.
The former Chief Justice said the taskforce’s central finding was that the National Police Service must be independent and protected from political interference.
“The central finding in the report is not a suggestion, it is a constitutional command: the National Police Service must be independent.”
Maraga said restoring police independence was critical to dismantling what he described as the remnants of the colonial policing system and preventing political capture of the security apparatus.
He cited Article 239(3) of the Constitution, which bars national security organs and their officers from acting in a partisan manner or furthering the interests of a political party or cause.
He also pointed to Article 244, which requires the National Police Service to uphold human rights, human dignity, integrity, professionalism and discipline, as well as Article 245, which provides for an Inspector-General who exercises independent command.
According to Maraga, the Constitution deliberately established national security organs independently under Chapter 14 to protect them from political control.
Maraga criticised amendments made through the Security Laws (Miscellaneous Amendments) Act of 2014, saying they weakened safeguards that had been introduced to make the recruitment of senior police commanders competitive and transparent.
He said the original provisions of the National Police Service Act required the National Police Service Commission to advertise vacancies for the Inspector-General, conduct public interviews, shortlist candidates and forward the names to the President for nomination.
Similar safeguards applied to the Deputy Inspectors-General and the Director of Criminal Investigations.
However, Maraga said the 2014 amendments removed those requirements and gave the President greater control over the appointment process.
“That is not reform, it is capture.”
He said the Police Reforms Taskforce had similarly found the 2014 amendments unconstitutional and recommended their repeal, together with fresh vetting and appointment of officers from the rank of Senior Superintendent of Police.
Maraga said those recommendations had not been implemented.
The former Chief Justice also questioned the extension of the tenure of senior police officers beyond the statutory retirement age.
He cited Section 80 of the Public Service Commission Act, 2017, which provides for retirement of public officers at 60, with contracts beyond that age allowed only in cases involving rare skills that cannot otherwise be found within the public service.
Maraga questioned the decision to extend the tenure of then-Deputy Inspector-General Douglas Kanja and DCI Director Mohamed Amin after they had crossed the retirement threshold, before Kanja was subsequently appointed Inspector-General at the age of 61.
He argued that the appointments should have been subjected to open and competitive processes.
Maraga also linked the need for an independent police service to recent incidents of political violence and alleged partisan policing.
He cited incidents in Homa Bay, Keumbu and Ol Kalou, as well as violence in churches in Kisumu, Nairobi and Witima, as examples of what he described as the consequences of a partisan security system.
He warned that Kenya should not forget the lessons of the 2007/08 post-election violence, saying the experience influenced the constitutional provisions designed to guarantee the independence of national security organs.
Maraga further raised concerns over deaths allegedly linked to police brutality, arguing that the trend demonstrates the need for greater accountability and institutional reforms within the National Police Service.
Maraga called for the repeal of the 2014 amendments affecting the appointment of senior police commanders and an end to what he described as the abuse of provisions allowing public officers to serve beyond the statutory retirement age.
He urged the restoration of competitive recruitment for the Inspector-General, Deputy Inspectors-General and Director of Criminal Investigations.
He also called for fresh appointments to be undertaken in accordance with Articles 232, 239, 244, 245 and 246 of the Constitution.
“Unless the independence of the National Police Service is restored, we could soon have no country.”
Maraga said he had handed a physical copy of the report to the media and made a full copy available through his X account.
He said he chose to release the report on the International Day of the Victims of Enforced Disappearances in honour of victims of abductions and enforced disappearances.
The former Chief Justice urged Kenyans to read and interrogate the report and work towards implementing its recommendations.
“Let us work together to restore the independence of the National Security organs, especially the National Police Service in order to guarantee peace and security.”
