Investigations into the operations of the disbanded Special Service Unit have seen the Independent Policing Oversight Authority (IPOA) and the Internal Affairs Unit (IAU) clash over their roles.
On Monday, October 24, IPOA argued that IAU cannot investigate the defunct police unit of the Directorate of Criminal Investigations (DCI) as the latter is part of the National Police Service (NPS).
Kenyans.co.ke takes a look at the overlapping functions of the two bodies in investigating the conduct of the police and where their responsibilities part.
IAU
The body is part of the NPS and was created through the National Police Service Act of 2011. It is primarily mandated to investigate complaints filed against police officers.
IAU is also mandated to promote standards within the police workforce.
"The unit shall investigate misconduct and hear complaints from members of the service or members of the public; at the direction of a senior officer; on its own initiative; or on the direction of the Inspector-General; or at the request of the IPOA," reads the Act in part.
However, in terms of power in investigations, IPOA has more powers as the independent institution can take over investigations being done by the IAU.
"IPOA may at any time intervene and take over the investigations when they have reason to believe the investigations are inordinately delayed or manifestly unreasonable," reads the Act in part.
In the course of investigations, the IAU can recommend interdiction, suspension and other administrative actions against an officer.
IPOA
IPOA on the other hand was created through an act of parliament in 2011. Unlike the IAU, the authority provides civilian oversight of the police.
The primary mandate of the body is to investigate deaths and injuries caused by police.
Apart from reviewing IAU's actions, the authority is also tasked with conducting standard checks of police premises, monitoring police deployments and conducting reviews of police performance.
"The Authority receives complaints from members of the public on police misconduct and undertakes independent investigations. The Authority also receives complaints from police officers against fellow officers.
"IPOA can initiate investigations on its own motion and may refer cases to appropriate bodies including seeking the court’s intervention to have its recommendations implemented," IPOA stated on its website.
