IPOA Regulations: A Call For Your Input

The Independent Policing Oversight Authority has developed draft Regulations that once enacted, would give fresh impetus to police accountability across Kenya.

They are crafted to manage the processes that the Authority avails before arriving at crucial determinations, right from when a complaint is received until it is resolved.

Consequently, the Authority is inviting members of the public to submit comments, input or memoranda they may have on the draft Regulations.

Input by stakeholders, including State and Non-State institutions is also being received before they are published and presented to the National Assembly for enactment.

Acting Director of Complaints and Legal Services, Mr. Festus Kinoti notes that the draft Regulations were developed pursuant to Section 39 of the IPOA Act.

In a nutshell, he highlights initiation, admission and disposal of Complaints; investigations processes; procedures of carrying out Inspections and Monitoring; takeover of internal Police investigations,  as some of the key areas addressed by the regulations.

Download the draft IPOA (General Operations ) Regulations 2022 – pdf format

Download IPOA Feedback Template – pdf format

Members of the public and the police as well as IPOA officials need to be acquainted with the draft regulations , as it will help them to better understand the processes that must be adhered to when dealing with the Authority.

Further, the document introduces IPOA Forms which will be critical in the manner the Authority conducts its operations. They include Forms that require to be filled either by IPOA officials or a recognised authority whose expertise is critical in handling and disposing of complaints.

IPOA ACT:

Section 39; The Authority may make regulations for the better carrying into effect of the purposes of this Act, and in particular for the following—

(a) the mode of bringing complaints
before the Authority;

(b) the rules relating to the
initiation, hearing and disposal of complaints;

(c) the procedures of taking over of
internal Police investigations;

(d) generally for the good order and
management of the Authority.

Such authorities include police officers, medical practitioners, ballistic experts, Scene of Crime experts and officials affiliated to other institutions that may refer for redress, issues that fall within the purview of IPOA.

Among the 52 Forms are; IPOA Form 5 – to be filled by a pathologist upon conducting a post-mortem, IPOA Form 14 – to be filled by a forensic expert, Form 18 – to be filled by a police officer reporting a death in custody, Form 19 – to be filled by a police commander confirming a death or serious injury notification, and IPOA Form 17 – to be signed by a complainant consenting to an investigation’s outcome.

According to Mr. Kinoti, the detailed Regulations are tailored to guide all the consumers of IPOA service may it be police officers, complainants who are seeking redress, as well as professionals who may be called upon to give expert opinion in a particular case, by unpacking various facets of the Authority’s mandate.

And besides being a demand of the law, Mr Kinoti also said that the Regulations were drafted based on lessons learnt and the dynamics of an ever-changing world.

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