Maraga: How the police service is rotten

The National Police Service (NPS) suffers a malignant cancer of corruption that begins at the recruitment level, where majority of slots are handed over to wealthy individuals, Members of Parliament, Cabinet officials, and top police officers, a report by retired Chief Justice David Maraga task force has said.

This practice, so entrenched in the service has left only a few positions for Kenyans to win on merit and despite qualifying, the entrants are forced to pay around Sh600,000 bribe to be recruited into the service.

The Standard is in receipt of the detailed Justice Maraga task force report whose preliminary copy was released late last year and can now reveal that the skewed police recruitment system favours the political elite allowing recruits to join the service through corruption, cronyism, nepotism, and political influence.

“A significant percentage of slots in any recruitment process are allocated to the political elite, leaving only a few for merit selection,” reads the report in part  “Those who enter through political influence maintain their positions by remaining loyal to their connections, while those selected on merit sustain their roles by granting favours to police bosses.”

The report indicated that political meddling in police affairs continues to undermine their independence and effectiveness.

“The continued perception of NPS being a tool for political interests undermines public confidence in the service and erodes the principle of professionalism,” the report warns.

It called on Kenyans to hold police leadership accountable to ensure they fulfill their mandates.

The Standard has also learnt that what President William Ruto received on November 21, 2023 at State House, Nairobi and shared with the public was a preliminary report that lacked the details the full report has.

The Maraga task force seeks fresh vetting for police officers noting that conditions worsened after the Security Laws (Miscellaneous Amendment) Act of 2014, was passed by Parliament during the President Uhuru Kenyatta administration.

The amendments repealed provisions of the law that allowed for open and competitive recruitment of the Inspector General and Deputy Inspectors General.

Kenyans still remember chaotic scenes in the National Assembly when the laws were being amended where opposition MPs warned that Kenya was becoming a police state, undermining the police reform process. Then Homa Bay Woman MP Gladys Wanga was captured on camera emptying a bottle of water on deputy speaker then, Joyce Laboso.

In a televised address, Uhuru condemned the behaviour of the ODM MPs as “deplorable,” arguing that the law would protect the lives and property of all Kenyans and counter any threats to national security.

A spot check at The Standard library reveals that the Bill was supported by Jubilee MPs, now UDA, with Aden Duale, then majority leader, stating that they (ODM) “have behaved as if they were at a funeral.” 

Nine ambassadors acknowledged that Kenya faces serious security challenges and urged MPs to consider the Bill soberly and “consult broadly to build consensus.” Representing Britain, the US, Canada, Australia, the Netherlands, Germany, Denmark, France, and Sweden, they emphasised the importance of ensuring that legislation strengthens security while respecting human rights and international obligations.

Cycle of exploitation

The Maraga report has detailed how the amended law eroded gains in police reforms and left the police led by what it describes as incompetent individuals micromanaged by Cabinet Secretaries for political and individual interests. 

“While many positive changes have occurred following previous task force reports, it is clear, regrettably, that several reversals on some reforms have taken place, a slowdown in the pace of almost all reforms, and in some cases, a total collapse of certain processes. Many of the problems plaguing the NPS are the same as those identified by previous task forces,” the report states. 

The report criticised the NPSC for failing to address malpractices and allowing NPS leadership to overstep its role, resulting in junior officers feeling disconnected from their concerns.

“The Taskforce notes that ethnic diversity is a key issue in Kenya, with National Cohesion and Integration Commission (NCIC) data showing eight communities representing 81.05 per cent of police officers, reflecting their population share,” the report said.

The report acknowledges that these issues have created cycles of exploitation, rendering the NPS a cesspool for misuse and abuse at both institutional and personal levels. “This is despite excellent recruitment procedures for identifying, attracting, and selecting qualified individuals spelled out in the Constitution, the NPS (Recruitment and Appointment) Regulations, and the NPS Standing Orders,” the task force stated.

Despite recruitment being conducted in every county and sub-county to ensure geographical and ethnic diversity, the ethnic distribution of officers in the service is skewed in favour of certain communities, reflecting historical injustices that have contributed to the current disproportionate ethnic and regional profile of the service.

The task force stated that the NPS is corrupt, incompetent, and biased, calling for legislative changes to implement fresh vetting.

“The task force found that the three services (NPS, National Youth Service, and the Kenya Prisons Service) face myriad challenges, primarily underfunding, endemic corruption, poor leadership, inadequate human capital management, and other structural issues,” the report indicates.

Obstructed reforms

The Maraga team pointed out that parliament has failed in its oversight role, and together with the Cabinet Secretaries and top police leadership, they obstruct police reforms.

“Corruption, in virtually every aspect of the services’ affairs, was particularly singled out as having undermined professionalism and thus rendered them almost dysfunctional,” the report states.

 “Senior leadership remains disconnected from junior officers, hindering reform efforts initiated since the adoption of an ‘Open Door Policy’ in 2001,” the report noted.

The task force also agreed with the findings of the 2010 Ransley and Waki Commissions and the Ransley Taskforce that the NPS lacks competent leadership with a strategic vision and commitment to fulfilling its mandate. While most of the necessary legal frameworks for effective and professional police performance are in place, they are not adhered to due to a lack of competence and lethargy in implementing required reforms. 

The report indicates that corrupt traffic officers facilitate the trafficking of drugs, counterfeit goods, and weapons by accepting bribes for their passage.

It also notes that enforcing traffic rules is challenging due to inconsistent and manual enforcement practices, which are reactive rather than proactive.

Limited technology hampers officers’ ability to verify vehicle and driver statuses, leading to corruption and inefficiency that compromise road safety. Poor data management further affects decision-making, with over 90 per cent of road accidents attributed to “human behaviour” or classified as “unknown” causes.

While there is a clear command structure at the station level, the Traffic Police Unit operates under a parallel system that hinders service delivery and increases opportunities for corruption.

Competition for bribes

 “Additionally, the Traffic Police Unit operates outside the control of local commanders, with a parallel command structure that facilitates the flow of bribes up to senior NPS leadership,” the report said.

The task force reported that confusion in command and competition for bribes have led to roadblocks being set up close to each other, manned by both the local traffic unit and the station commander.

The report further noted that the Marine Police Unit lacks essential equipment, including boats, hindering their ability to combat crime and resulting in a loss of command over coastal and inland waters.

The report emphasises that attempts to reform the NPS have failed despite significant investments and constitutional changes, as the NPS remains the most corrupt institution in the country, fostering a culture of impunity that extends to other uniformed services.

The NPS lacks an endowment arrangement for supporting officers and their dependents after retirement or in cases of duty-related fatalities, resulting in significant medical challenges for veterans.

The poorly executed 2018 merger by Uhuru and former CS Fred Matiangi left Administration Police officers feeling subordinate, particularly in their protective roles for key institutions like the Central Bank, while increasing crime and undermining national security by diminishing their community policing efforts.

The task force found that an overreliance on specialised units distorts regular policing procedures and fosters accountability issues in their operating areas.

Officers reported low morale and confusion due to unclear systems, and many specialised units feel under-resourced and neglected by their commanders, further weakening overall accountability in policing.

The task force is calling for a negotiated exit for the current NPSC leadership, as their actions have allowed the NPS to undermine its functions, despite the NPSC’s goal of promoting professionalism and reducing corruption.

Police officers reported not being consulted on their new uniforms but preferred the older design, which they found superior. They often cannot access government-issued uniforms and must purchase their own, which do not meet standards, leading to criticism from both officers and the public.

The report emphasised that effective law enforcement could drastically reduce the corruption draining about 7 per cent of Gross Domestic Product annually, alleviating reliance on foreign aid and borrowing that cripples the economy.

The task force noted that no meaningful socio-­economic or even political development can be realised, let alone sustained, where there is no sound legal framework, and a reliable mechanism for its enforcement.