For more than a decade, the Independent Policing Oversight Authority (IPOA) has been at the centre of Kenya’s push for accountable and professional policing.
Yet despite its visibility in high-profile investigations and public debates on police conduct, misconceptions about what the Authority can and cannot do continue to shape public perception.
From expectations that IPOA should arrest rogue officers on the spot, to assumptions that it intervenes directly in day-to-day policing operations, the lines between mandate and myth are often blurred.
As the country grapples with evolving security challenges and heightened scrutiny of police actions especially in the age of social media, clarity is important. Understanding IPOA’s constitutional mandate, legal powers, investigative processes, and oversight obligations is essential not only for citizens seeking redress, but also for strengthening trust between the public and the police.
Some would say, “IPOA arrests police officers,” or “IPOA only comes in after someone dies,” as well as “The Authority is anti-police.”
Unpacking the mandate
To enhance understanding of IPOA’s mandate, we unpack some of the most common misconceptions.
Misconception: IPOA arrests police officers.
Fact: IPOA investigates then recommends prosecution or disciplinary action to the relevant bodies like the ODPP or National Police Service.
Misconception: IPOA prosecutes the officers it investigates.
Fact: While IPOA recommends prosecution, it does not prosecute. The power to prosecute lies with the Director of Public Prosecutions (DPP). IPOA can require a response from the DPP, but Guidelines on the Decision to Charge have been developed to help prosecutors with that responsibility. If a case file meets the threshold set, to support criminal charges, the ODPP makes that decision, not IPOA. The Authority’s power lies in ensuring that every investigation is impartial, professional, and based on the rule of law.
Misconception: IPOA target is to punish police officers
Fact: IPOA is not against the police but fosters professionalism and accountability within the NPS. Oversight is not about punishing officers, but upholding professional policing. IPOA’s work protects both citizens and police officers who act lawfully and diligently. In fact, many recommendations from IPOA have led to improvements in police welfare, including training. Accountability strengthens trust and helps in building safe communities.
Misconception: IPOA can sack or discipline police officers
Fact: Disciplinary authority rests with the Inspector General. While IPOA may recommend disciplinary action where misconduct is found, the IG is the one mandated to implement those measures. Where interdiction is recommended, it is implemented by the National Police Service Commission. IPOA ensures that due process is followed and that justice is served fairly.
Misconception: IPOA only acts after tragic incidents
Fact: IPOA handles both fatal and non-fatal incidents. Beyond investigating cases of deaths resulting from police action, the Authority also examines complaints on issues such as harassment, unlawful arrests, corruption, and abuse of power. Through its Inspections, Monitoring and Preventive Services Directorate, the Authority also make regular inspection visits to police stations, detention facilities, and operation areas to assess compliance with human rights standards. It also monitors police operations involving members of the public.
Misconception: IPOA is only based in Nairobi
Fact: IPOA has regional offices in nine regions across the country – Garissa, Mombasa, Kisumu, Kakamega, Nakuru, Meru, Nyeri, Eldoret and Nairobi. While its headquarters are in Nairobi, IPOA’s regional presence ensures accessibility to citizens nationwide. The Authority continues to expand its footprint so that every Kenyan, regardless of location, can access its services.
Misconception: Once I report to IPOA, my case automatically goes to court
Fact: Every complaint undergoes an admissibility and assessment process. Some complaints are referred to other institutions such as the Internal Affairs Unit (IAU) or NPSC, depending on jurisdiction. Others proceed to full investigation if there is sufficient evidence. Only cases that meet the legal threshold for prosecution are referred to the ODPP, ensuring fairness for both the complainant and the accused officer.
Misconception: IPOA is part of the National Police Service.
Fact: IPOA is a civilian oversight mechanism and independent of the NPS, established Cap 86, the Laws of Kenya.
Misconception: IPOA only takes complaints from the general public.
Fact: IPOA accepts complaints not just from civilians but also from serving and former police officers. Moreover, it can open investigations on its own motion, that is without a being prompted by a formal complaint, especially in cases of serious misconduct.
Misconception: IPOA investigates every complaint it receives.
Fact: IPOA prioritizes serious cases like deaths or serious injuries arising from police action. Less critical complaints may be referred to other bodies, such as the Internal Affairs Unit (IAU) of the police.
Misconception: IPOA is powerless when its recommendations are ignored.
Fact: IPOA can require the DPP to respond to its prosecution recommendations, even if it cannot compel action.
Misconception: IPOA only looks at individual complaints and doesn’t monitor systemic issues.
Fact: The Authority’s mandate is broader: IPOA inspects police premises (stations, detention facilities), audits internal investigations conducted by the IAU, and reviews the overall disciplinary processes in the police service.
Every investigation, recommendation, and report issued by IPOA is part of a broader effort to build a police service that is trusted, respected, and rooted in justice.