KENYA NATIONAL COMMISSION ON HUMAN RIGHTS

Transcription

1 KENYA NATIONAL COMMISSION ON HUMAN RIGHTS Monitoring the Recruitment of Police Constables 2017 Almost there: The journey to actualizing professional police recruitment in Kenya Exit Report 1. The KNCHR undertakes this monitoring of Recruitment of police constables pursuant to Article 59 (d) of the Constitution of Kenya that provides for the Commission to monitor, investigate and report on the observance of human rights in all spheres of life in the Republic including compliance by the National Security Organs of which the National Police Service is a key player. This monitoring process has being guided by several policies and legislations including, Article 10 of the Constitution on national values and principles of good governance, the National Police Service Act 2011, the National Police Service Commission 2011 and the National Police Service Commission Recruitment and Appointment Regulations The main objective is to assess compliance to the policies and regulations in line with the imperatives set out in Article 244 of the Constitution. For this reason the need for a transparent and credible process of recruitment cannot be over emphasized. 3. The KNCHR has remained engaged with processes aimed at steering Police reforms including, the National Task Force on Police Reforms of 2003, the Philip Ransley Task Force on Police Reforms of 2009 and the Police Reforms Implementation Committee. All these task forces have had a common denominator on calling for accountability on the work of the police and ensuring that there is improved service delivery for the benefit of the citizenry. 4. The KNCHR has engaged in the monitoring the Police Recruitment exercise over the last 4 years. Its report on the 2016 recruitment is entitled disservice to THE

2 SERVICE and makes observations and findings touching on, gender considerations, requirement for adherence to the recruitment regulations, accountability of the recruitment panels, handling of complaints arising from the recruitment process among others. 5. The preliminary findings from this monitoring exercise points to the fact that some the issues raised during the last recruitment exercise are yet to be dealt with by the National Police Service Commission and the National Police Service. The KNCHR remains particularly concerned that the two agencies have consistently disregarded their own recruitment and appointment regulations since they were gazetted way back in The consistent non application of these regulations has an overall effect of denying Kenyans the much needed reforms within the National Police Service and entrenches the lack of professionalism within the National Police Service 6. This monitoring exercise of recruitment of Police Constables in 2017 by the Kenya National Commission on Human Rights has been carried out by 75 Monitors that are spread in 29 Counties 1 in different recruitment centres and by the KNCHR regional offices in Wajir, Laikipia, Kisumu, Kitale and Mombasa. This field team has been supported by a team at the KNCHR Head Office at the monitoring hub manned by the KNCHR staff. The following are the preliminary findings from this Monitoring exercise. The Advertisement 7. Section 12 of the NPSC Recruitment and Appointment Regulations 2015 provides for an advertisement whenever there is a vacancy in the National Police Service. The section further provides for the contents of the advertisement, the period between advertisement and actual recruitment, the requirements to be presented during the recruitment process and the publicity required for the success of the exercise. The KNCHR commends the NPSC in complying with this section of the regulations as stipulated. The exercise was widely publicized in various media 1 Nairobi,Kiambu,Kirinyaga, Muranga,Nakuru,Narok,Laikipia,Isiolo,Meru,Kakamega,Bungoma,Kisumu,Bomet, Siaya,Kisii,Uasin Gishu, Nandi,Elgeyo Marakwet, Baringo, Mandera, Marsabit, Garissa,Turkana,Samburu,Lamu, Tana river, Kwale,Migori,Kericho

3 outlets that included newspapers with nationwide circulation, various websites of relevant organizations as well as radio stations. 8. Despite the clear advertisement, there are reported cases of candidates that presented result slips instead of the original certificates, lack of certificates of good conduct, presentation of expired certificates of good conduct, presentation of receipts as acknowledgment of application for certificates of good conduct, late arrival of applicants in the recruitment centers after the stipulated time of 8.00 a.m. The Opening, Closing, Briefings, Physical Exercises and Final Instructions for the applicants 9. The advertisement placed in the local dailies and other medium had advised that the recruitment process shall run between a.m and 5.00 p.m. Majority of the recruitment centres monitored opened within the required time between 7.00 and 8.00 a.m. Some of the notable ones included Kericho Green Stadium at 8.00 a.m., Nanyuki Municipal Stadium at 7.30 a.m, Litein Boys High School at 8.02 a.m., Seseta Girls High School 8.00 a.m, Chemolingot 7.50 among other stations. The time keeping by the NPSC in starting the exercise is an indication of good preparations and highly commended by the KNCHR. 10. There is a requirement for the chairpersons of the recruitment panels to announce the number of potential recruits to be selected from each recruitment centre. This is important for accountability purposes to ensure that the numbers announced at the end tallies with the numbers announced at the beginning. 11. In terms of accessibility, the KNCHR notes with appreciation the support that has been granted to KNCHR monitors in accessing the recruitment centres. However in two centres the Chairpersons of the panel sought to obstruct the monitors. This was at, DCs Office Headquarters in Mandera County where the Chairperson of the Recruitment centre totally denied access to the KNCHR monitor and at the Kilgoris D.E.B Primary School in Narok County where the Chairperson of the Recruitment Panel attempted to arrest a monitor for observing the exercise. The KNCHR recommends that the NPSC and the NPS reminds its officers of the need to facilitate the work of monitors.

4 12. The closing time for the various stations differed based on the time in which the medical results were announced leading to the announcement of the successful candidates. While all the physical exercises were done by around 3.00 p.m., the stations did not close until well into the night with the results being announced at different times after 7.00 p.m. such as in Longisa Boys Recruitment Cenre in Bomet County that closed at 7.15 p.m., Bondo University Grounds in Siaya County that closed at 8.30 p.m, Masimba Primary School in Kisii County that closed at 9.00 p.m, Samoei Secondary School in Nandi County that closed at 8.10 p.m, DCs Office Kampi ya Moto in Nakuru County closed at 8.15 p.m. This issue of late closing is not unique to this particular exercise as it was raised by the KNCHR in the last recruitment exercise of The National Police Service needs to reflect on the manner in which it conducts the physical exercises and in particular the preparedness of the Service to deal with the unexpected emergencies that arise out of this exercise. The physical exercises being presented to the candidates have been a challenge. In the last recruitment exercise of 2016, two of the potential candidates lost their lives in Kwale and Marsabit Counties. The recruitment exercise conducted this year has not been without these issues. Pan Paper Webuye in Bungoma County it is alleged that a female candidate collapsed after taking part in the physical exercises and was pronounced dead at Webuye Level 4 hospital. At Kisii Stadium, a male candidate fainted and was rushed to the hospital and was resuscitated. At Kinango Secondary Recruitment Centre in Kwale County, a male and female candidate fainted on arrival from the physical exercise and no first aid service was at the centre to be administered to them. The Commission recommends that the NPSC investigates these incidents. 14. At Kuria East Migori County, some potential recruits attempted to cheat during the 6 Kilometre race by using the motor bikes to hasten their pace, they were however detected and the riders of thee motor bikes arrested and the said motor bikes confiscated. Complaints Desks and Complaints Handled 15. Section 11a of the NPSC Recruitment and Appointment Regulations 2015 directs the recruitment panels to submit a list of all complaints raised during the exercise and minutes indicating how the complaints were addressed. This calls for the creation of

5 a complaints handling mechanisms that starts with the presence of a complaints desk that is manned by an officer. The desk must be well labeled so that the members of the public and the candidates can register their complaints. The receipt of complaints is the starting point of the complaints handling mechanism that would then proceed to the complaint being handled and solved satisfactorily. 16. The presence of complaints desks was varied in different recruitment centres. The recruitment centres that had well manned complaint desks included Samoei Secondary in Nandi County School, Afraha Stadium in Nakuru County, Moi International Sports Centre in Nairobi County, Nyaribari Chache in Kisii County, Nanyuki Municipal Stadium in Laikipia County. While some recruitment centres did not have proper complaints desks, they devised various ways to deal with complaints such as at Takaba Primary School, the complaints were being directed to a panel present at the Centre. At Isiolo Police Division Hqs, the complaints were being addressed once filed by the officers on site while in Awendo DO s Office, the complaints were being addressed by the Chairman. In Kariene Primary School, all complaints were being directed to the officer-in-charge, This was commendable but the need for a functional complaints desk is underscored by KNCHR. 17. The complaints desks handled several complaints of different nature with the complaints being categorized into two; complaints arising from the recruiting officers on the prospective recruits and those from the prospective recruits against the police officers. In the first category, some of the complaints included At Awendo DO s office recruitment centre in Migori, the complaint was predominantly by the Chairman of the Recruitment Panel on the fact that the potential recruits had not carried all the documents as prescribed in the advertisement. At Maralal Stadium in Samburu, the officers complained on the lack of verification of the certificates and different names for the same person in the certificates as compared to the name appearing in the National Identification cards, while at the Kericho Green Stadium, the officers complained of candidates presenting expired Certificates of Good Conduct or non presentation of certificates of good conduct. 18. The second category of complaints included at Chemolingot in Baringo County where the members of the public complained about there being a lack of an announcement as to the number to be recruited which brought to the fore the aspect of accountability. At Kirinyaga Central, the public complained that the height requiremnts were very stringent and barred majority of the prospective recruits.

6 Complaints also were raised by those who only had a receipt and not the actual Certificate of Good Conduct. In addition candidates who arrived late complained about being excluded from the recruitment exercise. At Hola Stadium in Tana River County, some prospective recruits complained about being turned away for having brought their result slips instead of their KCSE certificates. Gender Considerations and Affirmative Actions 19. Section 5 of the NPSC Recruitment and Appointment Regulations 2015 calls on Service to ensure that the recruitment process takes into consideration the gender, regional and ethnic balance in accordance with provisions of the Constitution and the National Police Service Act and the National Police Service Commission Act. The Legal provisions have sought to correct the historical prejudices that have led to underrepresentation of women within the NPS. In 2016, out of a sample of 34 stations with a total number of 1,971 recruits, only 268 were female with certain centres having no female recruited. 20. Indications are that once again the recruitment exercise did not succeed in complying with the gender ratios as stipulated under the law. Notable examples include Takaba Primary School in Mandera County where the number of male recruits were 27 while the female recruits was 1, Siaya Stadium in Siaya County where the total number of male recruits were 30 while total number of female recruits were 2, Kericho Green Stadium in Kericho County where the number of male recruits was 24 while the number of female recruits were 2, Kakuma Airstip in Turkana County where the number of male recruits were 32 while the number of female recruits were 3, Girigiti Stadium in Kiambu County where the number of male recruits were 15 while female recruits were 3, Kianyaga Stadium in Kirinyaga County where the total number of male recruits were 18 while female recruits. KNCHR recommends that the NPSC take deliberate measures to increase the number of female officers within the NPS 21. In certain recruitment centres, the recruitment panels devised some affirmative actions to accommodate women. Some of the affirmative actions adopted included by the recruitment panels In Kiambu County, Ruiru Municipal Stadium females were vetted separately from men and the height and weight requirements were lower than for males, In Trans Nzoia county, In Nandi county, Kapsabet parade center where

7 women were given first priority during the recruitment process, In Narok County, Narok North recruitment centre potential female recruits were instructed to run less laps as compared to those that male recruits were subjected to, In Nairobi County, Moi Sports Centre Kasarani, potential female recruits were provided with wellmarked toilets and were running separately from the male recruits, In Bungoma County, Webuye Pan Paper Stadium Recruitment Centre,potential female recruits were provided with first priority in conducting height test and participating in physical tests. These are commendable and the KNCHR commends the Chairs of the respective recruitment panels. Recruitment Panels and Accountability 22. Section 13 of the NPSC Recruitment and Appointment Regulations provides for the composition of the recruitment panels to conduct the recruitment exercise. This panel is to be composed of among others an officer not below the rank of a Superintendent who is assigned by the NPSC as the Chairperson of the Panel, an education officer, a medical officer of health, two officers not below the rank of a chief inspector who shall be the joint secretaries and any other such person as the Commission might consider necessary. The functions of the recruitment panels are provided thereof but of importance is Section 13 ( 3 and 4 ) that provides that the members of the panel shall ensure the highest level of professionalism and accountability and shall be held accountable both individually and collectively for the actions undertaken during the exercise. This has been an issue of concern in previous recruitment exercises where members of the recruitment panels have never been held to account on various anomalies that take place under their watch or direction in the course of performing the recruitments. 23. The composition of the panels in the sampled centres were as per the requirements of the regulations which is commendable. Further, the fact that the Chairpersons of the recruitment panels were those that were not serving in their usual stations was commendable and should be encouraged as it this practice ensures that officers do not serve in areas where they can be easily influenced For example in Bondo Constituency, the Chairperson of the Recruitment panel was the Administration Police Boss Homa Bay County. Medical Check Ups

8 24. The composition of the recruitment panel includes a Medical Officer of Health whose role is to carry out medical tests on successful candidates after undergoing the physical tests. Previous recruitment exercises have been marred by allegations of mischief at the medical examination stage where those that were initially considered to have been successful have normally been dropped. Further, there have been complaints concerning the facilities under which the medical tests are carried out which have normally been make shift camps or having the recruits transferred to the nearest government facility to have the tests carried out there. The medical tests in this year have not had any significant departure from the previous ones in terms of process and the infrastructure and thus no lessons leanrt based on recommendations by various organizations that have been involved in monitoring the exercise including the KNCHR. 25. Facilities for conducting the medical checkups have remained a major issue. In Nakuru County, Kihoto Grounds Recruitment Centre, the recruitment centre used mobile toilets with the reason being advanced being the lack of a room where this could be carried out. In some cases, candidates were transferred from the recruitment centres to the nearest medical facility. We commend this action as one that ensures the process remains focused on laid down procedures. Such recruitment centres included Pan Paper Ground Webuye in Bungoma County, Kariene Primary School in Meru County, Kogolla Primary School in Kisumu County, Hola Stadium Centre in Tana River County, Karatina Stadium in Nyeri County, Lumakanda Township Primary School in Kakamega County and Wajir Stadium in Wajir County centre. 26. Most centres displayed medical assessments that were fair, orderly and humane. The queues were orderly and the participants were cooperative. The tests being conducted were uniform in all the recruitment centres observed and included, Urine Tests, Observation for Post-Surgery Scars or Wounds, Blood pressure, Palpable Spleen and Liver tests, Eye Check-ups to monitor strength of eyesight, Pregnancy Tests for the female participants, Dental Check-up, Measurement of Weight and Height. It is important to note the medical practitioners also conducted the medical tests in secret to maintain the confidentiality of the potential recruits. Allegations of Corruption

9 27. Section 8 ( 1 and 2) of the NPSC Recruitment and Appointment Regulations 2015 provides for all applications to be free and prohibits soliciting or offering money or other services in order to acquire certain positions and constitutes a disciplinary offence in addition to the criminal penalties under any law in addition to being referred to the Ethics and Anti Corruption Commission and the Director of Public Prosecutions for prosecutions under the relevant existing laws. The previous recruitments have been marred by several allegations of corruptions despite the top leadership of the National Police Service giving stern warnings to both the members of the recruitment panels and the members of the public against engaging in such acts. This recruitment exercise has not been without these allegations as reported by the monitors. 28. Some of the allegations of corruption witnessed during this recruitment exercise included; In Siaya County, Sawagongo High School Recruitment Centre, the members of the recruitment panels were reported to have asked for a bribe of Kshs of 120,000 from a potential recruit who had undergone and passed all the stages including the medical tests. As the time of compiling this preliminary report, the alleged bribe was yet to be paid and the final list of successful candidates had not been released. KNCHR recommends that the Inspector General investigates this allegation Conclusion The Commission notes efforts by the NPS and NPSC at strengthening the integrity of the process as has been demonstrated in the reduced corruption cases, conduct of the panels, professionalism of the medical panels and the general acceptance of monitors at the recruitment centers. However, KNCHR remains particularly concerned that despite the gazettement of regulations in 2015 to guide this important reforms process, they are yet to be fully implemented especially the important sections that have a direct effect on professionalizing the National Police Service. One of the key aspects of the regulations is the inclusion of a process of aptitude tests of the candidates and a public vetting process prior to the physical testing stage. The Office of the Inspector General and the National Police Service Commission must take urgent measures to implement the regulations and commit to having the same in place before the next recruitment process.

10 The KNCHR shall be submitting a final report to the Inspector General and Chairperson of the National Police Service Commission for the necessary action to be taken based on the requirements under each section.