IPOA ROLE & POWERS


OBJECTIVES OF THE AUTHORITY

To hold the Police accountable to the public in the performance of their functions

To give effect to the provision of Article 244 of the Constitution that the Police shall strive for professionalism and discipline and shall promote and practice transparency and accountability.

To ensure independent oversight of the handling of complaints by the Service.

To report simultaneously to the National Assembly and the Cabinet Secretary if such a matter requires urgent consideration for the well-being of the people of Kenya.

POWERS OF THE AUTHORITY

The Authority shall have all the powers necessary for the execution of its functions under this Act, and without prejudice to the generality of the foregoing, the Authority shall have the power:

To investigate the Service on its own motion or on receipt of complaints from members of the public, and for that purpose, to gather any information it considers necessary by such lawful means as it may deem appropriate, including by—

-requisition of reports, records, documents or any information from any source, including from the Police, irrespective of whether that source is located within or outside Kenya and irrespective of whether any other person or body, other than a court of law, has already instituted or completed a similar investigation or similar proceedings;

-entering upon any establishment or premises, including Police premises, on the strength of a warrant, and subject to any relevant law, where the premises are a private home or dwelling;

-seizing and removing any object or thing from any premises, including Police premises, which may be related to the matter under investigation, and in respect of which a receipt shall be given to the owner or person apparently in control of the object or thing;

-interviewing and taking statements under oath or affirmation from any person, group or members of organizations or institutions and, at its discretion, to conduct such interviews in private;

-summoning any person to meet with its staff, or to attend any of its sessions or hearings, and to compel the attendance of any person who fails to respond to its summons;

-administering oaths or affirmations before taking evidence or statements where necessary;

-summoning any serving or retired Police officer to appear before it and to produce any document, thing or information that may be considered relevant to the function of the Authority;

-ensuring that where necessary, the identities of complainants or witnesses are not disclosed to their detriment;

-recommending to the Director of Public Prosecutions the prosecution of any person for any offense;

-investigating any death or serious injury occurring or suspected of having occurred as a result of police action.

To take over on-going internal investigations into misconduct or failure tocomply with any law if such investigations are inordinately delayed or manifestly unreasonable;

Where appropriate, to provide relevant information to enable a victim of unlawful police conduct, to institute and conduct civil proceedings for compensation in respect of injuries, damages and loss of income;

Require the Director of Public Prosecutions to provide it with his response to any recommendation made by the Authority to prosecute any person or body;

Require the Service to within a specified, reasonable time, provide it with information on issues relating to policy, its implementation and its effectiveness, and its response to any recommendation made to it by the Authority;

Subject to the approval of a complainant, and only if it is not a serious complaint, reconcile or mediate on any matter within its mandate; and

Exercise any other power provided for in this Act or any other law which is necessary for the effective performance of its functions.

The Authority may in the exercise of its powers under this Act, request and receive such assistance from the or any other governmental or international body or person as may in its opinion be necessary in the exercise of its powers.

The Authority may in exceptional circumstances regarding matters of national importance submit a report simultaneously to the National Assembly and the Cabinet Secretary if such a matter requires urgent consideration for the well-being of the people of Kenya.