GOK FORMS POLICE REFORM COMMISSION

C O N F I D E N T I A L SECTION 01 OF 02 NAIROBI 001014

SIPDIS

AF/E FOR SUSAN DRIANO

E.O. 12958: DECL: 05/18/2019
TAGS: PGOV KCRM KDEM ASEC KE
SUBJECT: GOK FORMS POLICE REFORM COMMISSION

Classified By: DCM Pamela J. Slutz for reasons 1.4(b and d)


1. (C) On May 7 President Mwai Kibaki launched a Police
Reform Commission (PRC) to review existing policies and
structures of Kenya's police services and to make
recommendations for appropriate institutional arrangements
to oversee comprehensive police reforms. The PRC's terms
of reference are largely in line with the recommendations
of the report of the Commission of Inquiry into
Post-election Violence (CIPEV) and special emphasis is
place on operationalizing an Independent Police Oversight
Authority - a necessary step to reining in police impunity.
The PRC will be led by retired Kenyan Justice Philip Ransley.
Ransley and the seven additional commissioners named by
Kibaki have solid reputations, according to our contacts.
However, several prominent persons have expressed doubts
about the government's motives in establishing the PRC.
They note that the PRC's short, 90-day mandate is far too
little for such a massive task and that Police Commissioner
Hussein Ali will act to thwart all but superficial reforms.
We share some of these doubts, but will take a wait-and-see
approach, recognizing that the PRC provides an oppportunity -
the only one at this time - for much-needed police reform.
The UK shares our doubts, but will support the commission
financially by paying for a UK and a Commonwealth police
expert to serve on the PRC. If the GOK acts to implement
real
reform we are positioned to support the effort with 1207
funds.
End Summary.

The Mandate
--------------


2. (U) On May 7, President Kibaki launched the Police
Reform Commission (PRC),which is tasked with undertaking a
top-to-bottom review of the existing policies and
structures of Kenya's police services and to make
recommendations for appropriate institutional arrangements
to oversee comprehensive police reforms, including
recommendations on establishment of an Independent Police
Oversight Authority. The PRC is also expected to draft a
Police Reforms Bill to provide the legislative framework for
police reform. The PRC will have 15 commissioners and will
be led by retired Kenyan Justice Philip Ransley. Ransley
and the seven additional commissioners named by Kibaki have
solid reputations, according to our contacts. The other
members will be the Attorney General, the Permanent
Secretaries for Internal Security, Finance, Justice, and
Public Service ministries. The Chairs of the Law Reform
Commission and the Kenya National Commission for Human Rights
will also be members, as will the Director of the Kenya
Institute for Public Policy Research and Analysis. The terms
of reference are largely in line with the recommendations of
the Commission for Inquiry into Post-election Violence
(CIPEV - also known as the Waki Commission),which made
sweeping recommendations for police reform (Reftel). The
formation of the PRC is a long overdue step, as the CIPEV
report from which the PRC borrows heavily was released in
October 2008. Taken at face value, it represents a hopeful
first step in a much-needed reform of Kenya's police forces.

Backpedaling On Police Reform?
--------------


3. (C) However, several contact have told us that that the
government has formed the PRC to engage in superficial
police reforms. For example, former Minister of Justice,
National Cohesion and Constitutional Affairs Martha Karua
argued that the government was using the PRC as a back door
to avoid some of the CIPEV report's deeper reform
proposals, such as merging the Kenya Police Service with
the Administration Police. Karua stated that the Cabinet
had approved the CIPEV report, but that the PRC's terms of
reference only require that it "take cognizance of
recommendations" of the CIPEV and other reports touching on
police reform. Others skeptically noted the discrepancy
between the wide scope of the work demanded of the PRC and
the 90 day mandate it has been given, concluding that the
government was not prepared for a full discussion of police
reforms. Skeptics also point out that Police Commissioner
Hussein Ali will continue to thwart all but the most
superficial reforms. The fear that the PRC represents a
minimal-reform approach appeared to have been confirmed by
Minister of Internal Security and Provincial Administration

NAIROBI 00001014 002 OF 002


George Saitoti who was quoted in local media saying that
only "normal reforms are required (like) looking into the
welfare of officers, adequate facilities to increase the
morale and efficiency" of the police. Saitoti subsequently
claimed he was misquoted, but he also told Assistant
Secretary Johnnie Carson that what was needed in police
reform was "evolution, not revolution."

Comment
--------------


4. (C) We are taking a wait-and-see approach to the PRC.
We acknowledge the doubts of Karua and other skeptics that
the PRC may indeed be another in a long line of
inconsequential Kenyan commissions. However, we also
recognize that the PRC currently provides the only
vehicle for much-needed police reform. The UK shares our
doubts, but has decided to support the commission
financially by paying for a UK and a Commonwealth police
expert to assist the PRC. We are well-positioned to support
actual reforms should they be forthcoming. Post is prepared
to use $720,000 in 1207 funds to assist police reform,
possibly to assist the establishment of an independent
oversight authority or to retrain police in line with
revised rules of engagement and tactics. The DCM will
shortly meet with some of the recently-appointed PRC
commissioners to discuss their plans for the body. We will
continue to follow the issue closely.
RANNEBERGER