Report On Training And Experiential Learning Visit With Ipoa In South Africa

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REPUBLICOFKENYA

THENATIONALASSEMBLY THIRTEENTHPARLIAMENT-FOURTHSESSION-2025

COMMITTEEONADMINISTRATIONANDINTERNALSECURITY

REPORTONTHETRAININGANDEXPERIENTIALLEARNINGVISITWITHTHE INDEPENDENTPOLICINGOVERSIGHTAUTHORITY(IPOA)TOTHE INDEPENDENTPOLICEINVESTIGATIVEDIRECTORATE(IPID)INSOUTHAFRICA

FROM 25THMAY,2025TO 1STJUNE,2025

THE NATIONAL ASSEMBLY PAPERSLAD

DATE

0 6 AUG 2025

TABLED

TheDirectorateofDepartmentalCommittees

Clerk's Chambers ParliamentBuildings NAIROBI

DAY.

WEN

HON. GABRIELTONGOYO,MP CHAIRPERSON

VIVIANKAMBUI

August, 2025

Contents

| CONTENTS.. | |----------------------------------------------------------------------------------------------------------------------------| | CHAIRPERSON'SFOREWORD | | CHAPTER ONE.. | | 1.0PREFACE | | CHAPTERTWO 9 | | 2.0BACKGROUND. | | 2.1THEINDEPENDENTPOLICINGOVERSIGHTAUTHORITY 9 | | 2.2 THEINDEPENDENTPOLICEINVESTIGATIVEDIRECTORATE(IPID) | | CHAPTERTHREE 10 | | 3.OSUMMARYOFTHETRAININGANDDELIBERATIONSHELDDURINGTHEEXPERIENTIAL LEARNINGVISITINSOUTHAFRICA ...10 | | 3.1CAPACITYBUILDINGATTHEUNIVERSITYOFPRETORIA .10 | | 3.1.1ONDEMOCRATICPOLICING,ACCOUNTABILITYANDOVERSIGHT ...10 | | 3.1.2ONTHEDUTYTOINVESTIGATE ..10 | | S.1.3ONPOLICEUSEOFFORCE 10 | | 3.1.4ONPARLIAMENTARYOVERSIGHTANDTHECRIMINALJUSTICESYSTEM 11 | | 3.1.5ONTHEINTRODUCTION TO KEYINTERNATIONALANDREGIONALHUMANRIGHTS STANDARDSRELEVANTTOPOLICINGANDCRIMINALJUSTICESYSTEMS.. 11 | | 3.2COURTESYCALLTOTHEKENYANHIGHCOMMISSIONINPRETORIA. 12 | | 3.3CONSULTATIVEMEETINGWITHCIVILSOCIETYORGANIZATIONS .12 | | 3.4EXPERIENTIALVISITBYDELEGATES STOTHEINDEPENDENTPOLICEINVESTIGATIVE ...14 | | 3.5ENGAGEMENTWITHITHEPARLIAMENTARYPORTFOLIOCOMMITTEEONPOLICEATTHE SOUTHAFRICANPARLIAMENTBUILDINGS .15 | | 3.6STRENGTHENINGCOOPERATIONWITHAPCOFANDIPID 16 | | CHAPTERFOUR | | 4.0COMMITTEEOBSERVATIONS. | | CHAPTERFIVE | | 5.0COMMITTEERECOMMENDATIONS 18 |

LISTOFABBREVIATIONSANDACRONYMS

APCOF

AfricanPolicingCivilianOversightForum

CSPS

Civilian SecretariatforPoliceService

IPID

Independent PoliceInvestigativeDirectorate

vOdI

IndependentPolicingOversightAuthority

MoU

Memorandum of Understanding

NPS

NationalPoliceService

SAPS

South AfiricanPolice Service

CHAIRPERSON'SFOREWORD

Police accountability and oversight remains an emerging issue across the globe. In Afica, the Independent Policing Oversight Authority(IPOA)is the second civilian oversight mechanism second toSouth Africa'sIndependentPolice Investigative Directorate(IPID). It is therefore critical to empower the IPOA Board with knowledge necessary for provision of civilian oversight and holding of the police accountable. Further, it is important to expose the IPOA Board members to experiential learning visits to create opportunities of knowledge sharing and engagements with other existing civilian oversight bodies regionally and globally.

On this premise, IPOA considered it necessary for the Board, accompanied by three (3) Members of ParliamentoftheDepartmentalCommitteeonAdministrationandInternalSecurityanda representative from the National Treasury, to undertake a course on police oversight and accountability offered through a partnership between the African Policing Civilian Oversight Forum (APCOF)and the Centre for Human Rights. The course covered theories, challenges and opportunities for accountable policing, international standards for policing, internal & external oversight mechanisms,use of force in law enforcement,management of assemblies("public order policing"), forensic investigation, police corruption and torture/custody visit.

In addition, the delegation had the opportunity to share lessons with IPID and pay courtesy visits to theKenyanHigh Commissioner inSouth Africa and theParliamentary Committee that oversees theworkofthepolice.

The initiative was aligned with IPOA's constitutional and statutory mandate to oversee the conduct of the National Police Service (NPS) and promote adherence to human rights standards.

The overall objective of the visit was to enhance the delegation's knowledge on police oversight and accountability as well as learning of lessons from similar civilian oversight bodies such as IPID. The specific objectives of the visit were to: -

• a.Enhance the delegation's capacity on police oversight and accountability;
• b.Expose the IPOA Board to operations of IPID and establish linkages for cooperation between the two institutions;
• C. mechanisms within the region and globally.

In regard to the above, this report contains proceedings of the training and experiential learning visit with the Independent Policing Oversight Authority (IPOA) to the Independent Police Investigative Directorate (IPID) in South Africa from 25th May, 2025 to 1st June, 2025.

The delegation from the National Assembly comprised ofthe following Members of Parliament from theCommitteeonAdministrationandInternal Security andstaff:-

• a.Hon.SarahPaulata Lekorere,MP
• b. Hon.Liza Chelule,MP
• C. Hon.(Dr.) Peter Francis Masara, MP
• d.Ms. Susan Cherotich Maritim -Principal Clerk Assistant I
• e.Ms. Grace Wahu Karanja --Clerk AssistantII

The dclegation firom the Independent Policing OversightAuthority(IPOA)comprised ofthe following:-

• Mr.IIassan Ahmed Issack,CBS

-Chairperson (1lead of delegation)

• b. Mr.Samati Boniface Kipkemoi

-Board Member

• C. Mr.Nyagah John Muchiri

-Board Member

• cl. Dr. Micah Onyiego Nyakego, PhD

-Board Member

• C.

• Mr.FestusMviti Kinoti

• Deputy Director, Legal Services

• f. Ms.Domiciana JacklineWere

-Assistant Director, Investigations

• g. JoshuaWafilaWanjala

• National Treasury representative

South Africa's experiences, both successes and challenges, provide valuable lessons for enhancing IPOA's cffectiveness. The visit highlighted critical gaps in IPOA's operational capacity which include:

• a. Lack of police powcrs for IPOA investigators in particular powers of arrest and to bear firearms;
• c. Need for stronger parliamentary and civil society engagement; and
• b. Severe umderstafling and underfunding;
• d. Areas for operational improvements.

This, therefore, necessitates the need for cnhanced collaboration betvecn IPOA, the Ministry of Interior and National Administration,the National Police Service and the National Treasury to assist withmatters operationalimprovements andfiunding.

The following are recommendations proposed in the report: -

• IPOA presented a budgetary requirement of 2.2 billion, however, they only received 1.3 1. billion from Treasury therefore leaving a deficit of 9oo million. It is required by the National Treasury that IPOA provides a detailed breakdown (structure and cost implication)ofthe requirement of the 2.2billion tojustify additional funding;
• In regards to amendments to the IPOA Act,IPOA should present to the Committee on Administration andInternal Security a draft Billwiththeproposed amendments toSection 34(3) of the IPOA Act to ensure IPOA's budgetary autonomy without the budget approval requirement by the Cabinet Secretary in the budget making process in addition to other proposed amendments related to the operations of IPOA;
• IPOA needs to increase staffing requirements through prioritizing the hiring ofinvestigators C in compliance with theIPOA regulations;
• d.IPOAshouldcrcatethe positionof ParliamentaryLiaison andbeincludedin the communication group of Parliamentary Liaison Officers through the assistance of Parliamentary Secretariat; and

• e.There is need for IPOA to develop and implementation plan on the MoU signed with APCOF and develop an MoU with IPID in regards to cross border collaboration to benefit on capacity building opportunities.

The delegation,onbehalf of theDepartmental Committee onAdministration and Internal Security and the Independent Policing Oversight Authority (IPOA), is grateful to the Office of the Speaker and the Clerk of the National Assembly for the logistical and financial support accorded to them.

The delegation is also grateful to the Kenya High Commission in Pretoria for organizing the meetings and the support they accorded the delegation during the visit to SouthAfrica.

On behalf of the Departmental Committee on Administration and Internal Security and the Independent Policing Oversight Authority (IPOA) and pursuant to provisions of the Standing Order 199(6), it is my privilege to table the delegation's report.

Hon. Gabricl Koshal Tongoyo, CBS, MP,

Chairperson

Departmental Committee on Administration and Internal Security

1.0PREFACE

1.1EstablishmcntoftheCommittee

1. The Departmental Committee on Administration and Internal Securityofthe National Assembly is cstablished umder Standing Order 216 whose fimctions pursuant to the Standing Order 216 (5) are as follows:- 2. investigate, inquire into, and report on all matters relating to the mandate, managemenl, activilies, administration,operations and estinates oftheassignedMinistries anddepartments; 3. sludy the programme and policy objectives of Ministries and deparlments and the effecliveness of theimplementation; 4. ba)on aquarlerlybasis,monitor andreport on the inplementationofthenational budget in respectofitsmandate; 5. study andreviere all legislationreferredtoit; 6. study,assessandanalyze therelativesuccessoftheMinistries anddeparlments asmeasured by the resultsobtained ascomparedwiththeirstatedobjectives; 7. vet andreport on all appointments ehere the Constitution or any lare requires the National Assembly lo approve, ercept those under Standing Order 204 (Commiltee on Appointments) 8. investigateandinquireinto allmaltersrelating totheassignedMinistries anddeparlmentsasthey may deem necessary, and as may be referred to them by the I louse; 9. fa)examinetreaties,agreements andconventions; 10. makereports andrecomnendations to theIouse as oflen as possible,inchuding recommendationof proposedlegislation; 11. considerreportsof Comnissions andIndependent Oficessubmittedto theIousepursuant tothe provisionsofArticle254oftheConstitution;and 12. examineanyquestionsraisedbyMembersonmatterswithinitsmandate.

1.2MandateoftheCommittce

• 2.In accordance with the Second Schedule of the Standing Orders,the Committee is mandated to considerhome affairs,internal security-including police services and coast guard services, public administration,immigration and citizenship.
• In executing its mandate,the Committee oversees theExecutive Office of the President and the Ministry of Interior and National Administration and the agencies under its purview.

CHAPTERONE

1.3 CommitteeMembership

• 4.The Departmental Committee on Administration and Internal Affairs was constituted by the House on Thursday 2sth October, 2022 and comprises of the following Members:-

Hon. Gabriel Koshal Tongoyo, CBS,MP Chairperson NarokWestConstituency

Hon.Col.(Rtd)DidoRasso,MBS,MP Vice Chairperson Saku Constituency

| Hon.Kaluma GeorgePeter,CBS,MP HomaBayTownConstituency | Hon. Protus Ewesit Akujah, MP Loima Constituency | |-----------------------------------------------------------|---------------------------------------------------------| | Hon.Aduma Owuor,MP MPforNyakach Constituency | Hon. Rozah Akinyi Buyu, MP Kisumu West Constituency | | Hon. Fred C. Kapondi, MP Mt.Elgon Constituency | Hon.Caroline JeptooNg'elechei,MP Elgeyo-Marakwet County | | Hon. Liza Chepkorir Chelule, MP Nakuru County | Hon. Peter Masara, MP Suna West Constituency | | Hon. Sarah Paulata Korere, MP Laikipia North Constituency | Hon. Francis Sigei, EBS, MP Sotik Constituency | | Hon. Oku Kaunya, MP TesoNorth Constituency | Hon. Hussein Weytan, MP Mandera East Constituency | | Hon.MburuKahangara Lari Constituency | |

1.4CommitteeSecretariat

• 5.The Conmittee secretariat consist of the following:

Mr.John Mugoma HeadofSecretariat

Ms.Grace Wahu Clerk Assistant II

Ms.Clarah Kimeli Principal Legal Counsel 1

Mr. Gideon Kipkosgei Clerk Assistant II

Mr.EdisonOdhiambo Fiscal Analyst I

Ms.JudithKanyoko Legal Coumsel II

Ms.Delvin Onyancha Research OfficerII

Rogers Kilungya Audio Officer

Mr.IvyMaritim MediaRelationsOfficerIII

Mr.Benson Kimanzi Serjeant-At-Arms

2.0BACKGROUND

2.1TheIndependentPolicingOversightAuthority

6. The Independent Policing Oversight Authority (IPOA) is a civilian oversight Authority established pursuant to theIPOAAct Cap S6 Laws ofKenya.Its mainfunction is to provide civilian oversightover theworkofthePolice. 2. 7.The objectives of the Authority are tohold the police accountable tothe public in the performance of their functions; effect the provisions of Article 244 of the Constitutionwhich requires the Police to strive for professionalism and discipline,and promote and practice transparency and accountability;and to ensure independent oversight of the handling of complaints by theNational PoliceService. 8. The Authority's functionsunder Section 6 of theIPOAActinclude among othersreceipt and investigation of complaints bymembers of thepublic andNationalPoliceService;investigation of any complaints related to disciplinary or criminal offences committed by any member of the Service; ensuring independent oversight in handling of complaints by the Service; conducting inspections of Police premises and monitoring policing operations affecting members of the public among. 4. 9.The Authority has powers to investigate the Service on its own motion or on receipt of complaints from members of thepublic;totakeover ongoing ginternalinvestigationsinto misconduct or failure to comply with any law if the investigations are inordinately delayed and 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 among others. 10. The Authority is governed by a nine-member Board which comprises of a Chairperson, seven otherpersons and the Chairperson of theKenyaNational Commission onHumanRights as an ex-officio member.The current Chairperson and Board memberswere appointed and sworn into officeon9thDecember,2024.

2.2 The Independent Police Investigative Directorate (IPID)

• 11.Themandate of the Directorate is to conduct independent and impartial investigations of specified criminality committed by membersofthe South AfricanPolice Service(SAPS)and the Municipal Police Service (MPS) and make appropriate recommendations in line with the IPID Act. This mandate focuses specific identified offences as per Section 28 ofthe Act and was signed intolawbyPresidentJacobZuma on12thMay,2011.TheIPIDAct became operationalfrom 1st April,2012.

CHAPTERTWO

CHIAPTERTIIREE

3.OSUMMARYOFTIIETRAININGANDDELIBERATIONSIIELDDURINGTIE EXPERIENTIALLEARNINGVISITINSOUTIIAFRICA

3.1 CapacityBuilding atthcUniversityof Pretoria

12. The delegates participated in a two-day hybrid capacity-building course organized under the Advanced IIuman Rights Courses (AIIRC)on "Accountable Policing: :Oversight andthe Criminal Justice System"at the University of Pretoria on 26th and 27th May, 2025.The course wasfacilitated by the AfricanPolicing Civilian Oversight Forum(APCOF)in partnership with the University of Pretoria and itformedthefoundationalphase of the experiential learningvisit in South Africa. 13. The objective of the training was to provide delegates with a strong foundation on the legal framework umderpinming police oversight and accoumtability and to cquip them with the appropriate lens based on international and regional standards for evaluating police oversight mechanisms during the experiential visit. 14. The delegates were comprchensively taken through the legal and normative frameworks that inform police ovcrsight and accoumtability.These sessions were facilitated by experts from APCOF,theUniversity of Pretoria's Centre for IIuman Rights and Lawyers for Human Rights.

The following are summaries of the presentations during the training:-

3.1.1 On Democratic Policing, Accountability and Oversight

15. The delegates were trained on the principles of democratic policing and its link to oversight and accountability through the ability of the police service to: - protect and respect individual fundamental rights and freedoms; provide assistance and services to the public; be responsive to the public necds and cxpectations;use the authority of the State in the people's interest;operate within the Rule of Lawand be accountable and transparent.

3.1.2 On the duty toInvestigate

• 16.The delegationwas trained on accoumtable policingwith investigations categorized as part of the right to life. States must take steps both to prevent arbitrary deprivations of life and to conduct prompt,impartial, thorough and transparent investigations into any such deprivations thatmayhave occurred,holding thoseresponsible to account and providing for aneffective remedy and reparation for the victim or victims, including, where appropriate, their immediate family and dependents. The failure of the State transparently to take all necessary measures to investigate suspicious deaths and all killings by State agents and to identify andhold accountable individuals or groups responsible for violations of the right to life constitutes is in itselfaviolationbytheStateofthatright.

3.1.3OnPoliceUseofForce

• 17.The delegates were trained on the different use of force such as kinetic(use of batons and bullets); restraint (manual and handcuffs); chemical (pepper spray and tear gas); and clectrical (tasers). However, the use of force must be guided by principles of legality through authorization by the law; necessity through minimum necessary force in the circumstances; proportionality to

the threat posed by a suspect; precaution with a view to minimize the risk of harm and accountability on every use of force to be justified and justifiable. These principles are enforced through legislation, restrictions on the use of firearms, and information on operations to the policeofficers.

3.1.4 OnParliamentary Oversight and the Criminal JusticeSystem

18. The delegates were trained on the relationship between sector governance and effective parliamentary oversight; the pillars for parliamentary oversight; challenges faced in conducting parliamentary oversight; tools used in parliamentary oversight and opportunities for parliamentaryoversight. 2. 19.Parliamentary oversight referstothe constitutionalobligationof parliament holding the executive accountable,through the review and monitoring of the functioning of the public sector, organizations and entities, their policies, plans, programs and projects, to ensure expected and agreed outcomes, against a budget passed by parliament, in compliance with applicable policies, within the law, framework of the law regulations and ethical standards. 3. the culture of secrecy, time and programmes of parliament and committees, capacity and experience, funding, research capacity, availability of the Executives, party allegiance/political willandNGOandcivilsocietyrelationships. 21. The tools that may be used to facilitate parliamentary oversight include the utilization of budgets, parliamentary questions, committee meetings, engagements with NGOs, Statements in the House, public hearings, site visits, reports and engagements with statutory oversight bodies such as IPOA,Auditor General Reports and Constituency work. 22. The Members of Parliament were encouraged to embrace opportunities of parliamentary oversight through attending Committee meetings regularly, inviting experts to the Committee to give information of topics of public interest, attending events that assist in capacity building, buildrelationships andcollaborationwithbodiessuchasIPOA.

3.1.5 On the introduction to key international and regional human rights standards relevant topolicingandcriminaljusticesystems

• 23.The delegates were trained on the definition of human rights,the sources of human rights law and the relationship between.human rights,policing and police accountability. The delegation was informed that human rights create the obligation for police oversight and fair systems for criminal justice.

24. The international application and enforceability of human rights comes from from the Vienna conventionontheLawofTreatiesandtheInternational CovenantonCivil andPolitical Rights. Theyhave abinding obligation torefrainfromviolations and toimplement humanrightsinto legislative, judicial, administrative,educative and other processes.In the African context, applicationofhumanrightscomesfromfromtheAfricanCharteronHuman andPeoples'Rights which creates the obligation to domesticate rights and the obligation to report on human rights compliance.

25. The African Commission on 1Iuman and Peoples'Rights:resolution 103a on police reform, accountability and civilian police oversight in Africa gives the obligation for the establishment ofpolice oversightmcchanisms cnsuring that States takemcasures to ensure police services respect the dignity inherent to the individual,Statesimplement the Convention againstTorture and Robben Island Guidelines and States establish independent civilian policing oversight mechanisms which include civilianparticipation.

Conclusion

26. The training provided the delegation with a robust legal and normative foumdation for police oversight. It affirmed critical roles of IPOA and the Parliament of Kenya as a mechanism to fulfil constitutional and international human rights obligations. The insights gained provided the delegates with the framework within which to approach the consultative engagements and will inform oversight approach, policy formulation, and strategic cngagements for both institutions movingforward.

3.2 Courtesy call to theKenyan High Commission in Pretoria

27. The delegation paid a courtesy call to the Kenyan HHigh Commissioner, Ambassador Jane Ndurumo, in Pretoria during the visit. The visit provided an opportumity for an interaction between the delegates and the High Commission on the opportunities for Kenyans in South Africa and the collaborations beneficial to the country in areas of higher education, tourism and wildlife and employment. 28. In regards to polling stations, the High Commissioner reiterated the need for more polling stations as the only polling station is in Pretoria yet, the largest Kenyan population is in Cape Town. There is need for poling stations in Eswatini and Lesotho because many votes are being lost during elections as Kenyan citizens find difficulty in travelling to Pretoria. 3. 29.In addition,the 1igh Commissioner stated that the Mission is in the process of reviewing Memorandums of Understanding (MoU) betwcen South Africa and Kenya as their timelines are lapsing, of interest being the MoU on Police. It was signed in 2016 but has since lapsed and is under review.Moreover, the MoU on extradition has been initiated and is under reviewby the South African government for input.

3.3 Consultative Meetingwith Civil Socicty Organizations

30. The delegates held a consultative mceting with Civil Society organizations at Kutwalong Democracy Centre, Pretoria. The participants included representatives from Lawyers for Human Rights, Institute for Security Studies, Social Economic Rights Institute of South Africa andJustDetentionInternational-SouthAfrica. 2. 3 1. The objective of the mccting was to obtain external civil society perspectives on police oversight in South Africa,in terms of,what works,what doesn't,and how these experiences can inform mandatesof IPOAand theParliamentinKenya. 32. Key challenges experienced by the Civil Socicty Organizations include: 4. a.Lack of political goodwill. According to the participants, police reforms have not yielded tangibleresults due tolimited support from political leadership.Impumitypersistswithin

the South African Police Service (SAPS), and political figures sometimes publicly support extrajudicial actions.

• b.Inadequate funding and human resources for theIndependent PoliceInvestigative Directorate.IPIDis critically under-resourced(1sOIPIDinvestigatorsvis avis15O,000 SAPS officers).Furthermore, a backlog of cases exists,and public expectations are unmet due to staffing and budget constraints (2024 budget: R4.8 million). The CSOs however acknowledged that IPIDrealizes great results despite themeagreresources.
• Lack ofindependence.IPID reports to the same Ministry as SAPS raising concerns about its independence. IPID also depends on SAPS facilities for forensic investigations raising concerns aboutimpartiality andthereforeunderminingpublictrust.
• d.Poor prosecution rates. Many IPID cases are not prosecuted by the National Prosecuting Authority (NPA)and even where prosecuted there is low conviction rate.Further,that cases take too long during prosecution leading to deterioration of witness testimonies resulting to acquittals.
• c.Passing the buck on accountability. Due to the fact that IPID has the exclusive mandate to investigate serious offences by SAPS, SAPS often shifts the burden of accountability entirely to IPID. Moreover, SAPS rarely implements IPID recommendations for disciplinary action.
• Weak engagement with civil society. IPID lacks strong partnerships with civil society, limiting opportunities for advocacy, litigation, and public education.

33.Recommendations

• a.Cultivate political goodwill. Political support is critical to effective oversight. IPOA must both political goodwill and adequate budgetary allocation for IPOA.
• b. Address human resource constraints. Like IPID, IPOA also faces a serious shortage of human resource (only 77 investigators vis a vis approximately 120,000 police officers). There is therefore an urgent need to expand human resource capacity in line with the approved establishment (approved establishment is 1,377 staff vis a vis in post 284 staff which is barely 2o% of the approved establishment). This also necessitates increased budgetary allocation to IPOA.
• c.Avoid buck passing on Accountability. Similar to IPID, IPOA, following a High Court decision, has the exclusive mandate to investigate cases of death or serious injury alleged to have been caused by a police officer. However,IPOA must ensure police do not pass the buck by abdicating their primary role of ensuring accountability.

This can be ensured by strengthening the Internal Affairs Unit (IAU) and improving superiors and ensuuring police superiors are held accoumtable under superior responsibility where they fail in their duties, leading to misconduct by their subordinates.

• d. Strengthen civil socicty cngagement. Unlike IPID, IPOA has cstablished strong relationships with Civil Society Organizations. IPOA should therefore continue proactively engaging with civil society organizations to support arcas such as strategic litigation, mandate awareness,and public education.

Conclusion

• 34.The meeting offered invaluable insights into the challenges and best practices of police oversight. South Africa's experience, particularly the limitations of IPID, underscores the inmportance of political will, adequate resourcing, institutional independence, and collaborative partnerships. These lessons provide IPOA with a solid basis to refine its strategy, advocate for stronger oversight mechanisms,and promote accountability in policing in Kenya.
• 3.4Experientialvisit bydelegates to theIndependent PoliceInvestigativeDirectorate (1PID)National Office,the CivilianSecretariat forPolice Services(CSPS) and IPID WesterncapeProvincialofficeon29th and30thMay2025
• 35.The delegation held a consultative meeting with the Independent Police Investigative Directorate (IPID) National Oflice,the Civilian Secretariat for PoliceServices (CSPS) and IPID and was informed on the following:-

36. South Africa has umdergone significant police reforms since the end of apartheid (1948-1990), transitioning from a repressive force to a human rights-based policing model. The democratic transition,culminating in the 1994elections and1996 Constitution,led to the creation of the South African Police Service (SAPS) and oversight bodies such as the Independent Police Investigative Directorate (IPiD) and Civilian Secretariat for Police Service (CSPS). 37. The Independent Police Investigative Directorate (IPID) was created as a result of Article 206(6)ofthe Constitution and 1P1DAct(2011,amendedin2024).Themandateis toinvestigate serious police misconduct including deaths in custody,torture,rape by police and systemic corruption.The Directorate is currently headed by the Executive Director,Ms.Dikeledi Ntlatseng. 38. The Directorate has offices in all nine provinces being Eastern Cape, Gauteng,Free State, KwaZulu-Natal,Limpopo,Mpumalanga, North West, Northern Cap and Western Cape. (WesternCapeofficerankedbestin2024) 39. They have a total of 420 staff, including 180 investigators but the optimal establishment is 537. The Western Cape Provincial oflice has a total of 35 staff out of which 27 are investigators. Further, staff are directly appointed to discharge fiunctions at the Provincial level but can be released to otherprovinceswhenever there is need.Notably,IPID doesnot have reshuffling of the officers as a matter of policy. 40. The Civilian Secretariat for Police Service (CSPS) was created as a result of the Civilian Secretariat for Police Service Act (2011), Section 208 of the Constitution. They engage in policy development and planning. Legislative support, commumity policing strategies and performance assessments ofthe South AfiricanPoliceService(SAPS)

• 41.In regards to the mandate of IPOA,the Authority encompasses the functions of both IPID and CSPS offering an integrated oversight approach. In addition, IPOA is mandated to investigate all disciplinary and criminal offences allegedly committed by police officers.Therefore, IPOA has a greater budgetary and human resource requirement than IPID and the comparison underscores the importance of increased resourcing and institutional support to enable IPOA fulfil its expansive oversight responsibilities effectively and efficiently.

42. In comparing the budgetary allocations between IPOA and IPID, IPOA has a resource allocation of Ksh.1.3 billion and IPIDhas a resource allocation of Ksh.3.4 billion for the financial year 2025/2026 and yet IPOA has a larger mandate that IPID. Moreover, IPOA is delivering its mandate with seventy-seven(77) investigators against IPID'S 1sOinvestigators yet IPOA has a broader mandate. This therefore calls for an urgent need for increased budget and staffing, continuous engagements with Parliament through establishing a Parliamentary Liaisonfor efficientcommunication and collaboration. 43. In regards to reporting, IPID reports to the Minister of Police therefore hindering independence oftheDirectorate.IPOAontheotherhandisindependent,however,theIPOAActrequires the Authority to seek budget approval by the Cabinet Secretary compromising autonomy. This, therefore, highlights the need for the amendment of the IPOA Act to remove the requirement of budget submission through the Cabinet Secretary.

Conclusion

44. The engagement with IPID and CSPS highlighted critical gaps and opportunities for IPOA to strengthen its operational efficiency,independence,and capacity.Legislative reforms,resource mobilization, and strategic restructuring, including establishment of specialist units and quality Assurance mechanisms are imperative to improve effectiveness of IPOA in police oversight.

3.5Engagementwith theParliamentaryPortfolioCommittceonPoliceattheSouthAfrican ParliamentBuildings

45. The Portfolio Committee is responsible for overseeing the Minister of Police and the following departmentsunder theMinister's control: 2. a.The South African Police Service(SAPS)

• b. TheCivilianSecretariatofPolice(CSP)
• C. TheIndependent PoliceInvestigativeDirectorate(IPID)
• d. ThePrivate Security IndustryRegulating Authority(PSIRA)

6. e.The Directorate for Priority Crime Investigation (DPCI), commonly known as the Hawks'. 7. 46.Thesefive entities arerequired by law toreport to thePortfolioCommittee on their annual budget, five-year strategic plans, annual performance plan, quarterly financial reports and Annual Reports. The Portfolio Committee,in turn, reports to Parliament on its findings and recommendations. 47. The meeting with the Portfolio Committee was therefore important for the delegates, including members of the Parliamentary Committee on Administration and Internal Security, to exchange ideas and compare the strategies employed inparliamentary oversight.

• S.The PortfolioCommittee on Police takes a more direct role in oversight,includinginspecting police premises and in this regard, the Committee has developed an inspection tool. IPOA and the Parliamentary Committee on Administration and Internal Security can learn from this and work together by conducting joint inspections of police premises. In addition to enhancing the parliamentary oversight role,this will also give the Committce a practical expericnce of IPOA's work and the challenges involved.
• 49.IPiD and thePortfolio Committee on Police have a close working relationship that saw the Committce being instrumental in the passage of the IPID Amendment Act, No. 15 of 2024.
• 50.IPOAshould alsocultivate a closeworkingrelationshipwiththeParliamentary Committee on Administration and Internal Security. One of the key areas of cooperation and collaboration with the Committee is in the proposed amendments to the IPOA Act. The Authority should therefore workcloselywith the Committee toprogress theSecurityLawsAmendmentBill to theNationalAssembly.
• 51.The Portfolio Committee on Police was concerned about the lack ofarrest powcrs for IPOA officers. 'The Committee emphasized the importance of police powers for the effective fumctioningofoversight.IPOAshouldworkcloselyviththeCommitteeonAdministrationand Internal Security to address amendments to theIPOAActtoprovide policepowers toIPOA investigators.

3.6StrcngtheningCooperationwithAPCOFandIPID

52. The benchmarking visit also aimed at enhancing regional collaboration with institutions engaged in police oversight. In pursuit of this goal, IPOA formalized the following strategic partnerships with APCOF and IPID ofSouthAfrica:

a.Signing of MoU with APCOF

53. The IPOA Chairperson, Mr. Ahmcd Issack HIassan, and APCOF Chairperson, Ms. Annelize van Wyk, signed a Memorandum of Understanding (MoU) to provide a structured framework for cooperationbetween the two institutions.The MoU outlines key areas of collaboration, including: joint research initiatives; capacity building and institutional development; training and technical exchanges; and sharing of best practices in civilian oversight of policing. The partnership is expected to promote mutual learning and support the strengthening of oversight mechanisms across the region.

b.Signing of Letter of Intent to Co-operate with IPID

• 54.IPOA andIPID signed aLetter of Intent signifyingtheir sharedcommitment to future collaboration. The letter outlines broad areas of cooperation, including: Joint research and information sharing; Exchange of expertise, experience, and technical knowledge; Development of jointprojects focusing oncapacity building;andCollaborationonresourcemobilization efforts.Bothinstitutionsfiurtheragreed 1todevelopacomprehensive Memorandumof Understanding to formalize and guide long-term cooperation between the two oversight bodies.

55. These engagements mark a significant step in fostering cross-border collaboration and enhancing the effectiveness of civilian oversight mechanisms within the region.

4.0COMMITTEEOBSERVATIONS

56. The following observations were made by the delegation from the Committee on Administration and Internal Security: - 2. 1.The Independent Policing Oversight Authority (IPOA) and the Independent Police Investigative Directorate (IPID) are the only civilian policing oversight agencies in Africa; 2. IPOA may consider closing the funding gaps through donors, however, this may interfere with theindependence of theAuthority; 4. 3.Political will is important in the successful execution of IPOA's mandate; 5. 4.In regards to amendments to theIPOA Act, Section 34 (3) provides that IPOA's budget is approved by the Cabinet Secretary, therefore, as much as that provision is not implemented in determiningIPOA's budgetary allocation,it isprudent to consider amendments to that Section for any challenges that may arise in the future. Moreover, amendments to the IPOA Act should be considered in expanding the IPOA mandate to include powers of arrest, autonomy in the budgetary process, carrying of firearms amongst others; 6. 5.In regards to budgetary allocations between IPOA and IPID, IPOA has a resource allocation of Kshs.1.3 billion and IPIDhas a resource allocation of Kshs.3.4 billion for the financial year 2025/2026 and yet IPOA has a larger mandate than that of IPID. The increase in budgetary allocations will enable the Authority increase its satellite offices and purchase of vehicles; 6. IPOA is delivering its mandate with seventy-seven(77) investigators against IPID's 180 investigators yet IPOA has a broader mandate. This therefore calls for an urgent need for increased staffing; 8. 7.There is need for IPOA to establish the position of ParliamentaryLiaison for continuous engagements with Parliament for efficiency in communication and collaboration on legislationandmatterspertainingtotheirmandate; 8. IPOA has signed anMoUwith the AfricanPolicing Civilian Oversight Forum (APCOF) and a Letter of Intent with theIndependentPolice Investigative(IPID) in order to enhance the crossboardercollaborativerelationshipsbetween the agencies.

CHAPTERFOUR

06 AUG 202ECHAPTER FIVE

5.0COMMITTEERECOMMENDATIONS

• 57.The following recommendations were made by the delegation from the Committee on Administrationand Internal Security:-
• al. IPOA presented a budgetary requirement of Kshs.2.2 billion, however, they only received Kshs.1.3 billion from Treasury therefore leaving a deficit of Kshs. 900 million. It is required by the National Treasury that IPOA provides a detailed breakdown (structure and cost implication) of the requirement of the Kshs. 2.2 billion to justify additional funding;
• In regards to amendments to the IPOA Act,IPOA should present to the Committee on Administration and Internal Security a draft Bill with the proposed amendmcnts to Section 34(3) of the IPOA Act to ensure IPOA's budgetary autonomy without the budget approval requirement by the Cabinet Secretary in the budget making process in addition to other proposed amendmentsrelated to the operations ofIPOA;
• IPOA needs to increase staffing requirements through prioritizing the hiring ofinvestigators to meet four humdred and four (-t04) approved posts and legal officers for quality assurance in compliancewith theIlOA regulations;
• d.IPOA should create the position of Parliamentary Liaison and be included in the communication group of Parliamentary Liaison Officers through the assistance of Parliamentary Secretariat; and
• There is need for IPOA to develop and implementation plan on the MoU signed with APCOF and develop an MoU with IPID in regards to cross border collaboration to benefit on capacity building opportunities.

DAT

0 6 AUG 2025

BLED

02/8

SIGNED..

DATE ...

HON.GABRIEL KOSHAL TONGOYO,CBS,MP

CHAIRPERSON

DEPARTMENTALCOMMITTEEONADMINISTRATION&INTERNALSECURITY