Internal Affairs Unit is a Unit within National Police Service established under section 87 of The National Police Service Act, chapter 84 laws of Kenya, with the mandate of receiving and investigating complaints against Police Officers. The functions of the Unit include the following;
i) Receiving and investigating complaints against police.
ii) Promoting uniform standards of discipline and good order in the service.
iii) Keeping a record of facts of any complaints or investigations made to it.
iv) Without making prejudice to sub section (2), the Unit may where necessary investigate and recommend appropriate action; in respect of anyone found engaging in any unlawful conduct.
v) In the performance of its functions, the Unit shall be subject to article 47 of the Constitution. The Unit shall investigate misconduct and hear complainants from Members of the Service or members of the public.
All police misconduct should be reported to the nearest police station for statements to be recorded and or evidence to be collected. If you have other reason(s) not to report to the police station you can proceed to file your complaint to the IAU. While at the police station, you should ensure that: You have reported the matter and have been issued with an OB number. You have recorded a statement. Witnesse(s) have recorded statements. The police have collected all the necessary evidence in relation to the crime.
- Any person who feels aggrieved by the misconduct of a police officer.
- Any person authorized by law, for instance an advocate, on behalf of the person aggrieved by the police misconduct.
- Any person who has reported/filed a complaint at a police station or establishment and the police have failed to take action.
Any member of the public who feels aggrieved by the manner in which a police officer conducted himself/herself while on duty or away from duty, can come and lodge a complaint with the Director IAU. Some of the matters that can be complained against include;
• Abuse of office
• Police negligence
• Abuse of power
• Obstruction of justice
• Sexual harassment
• Police harassment
• Death in police custody
• Pecuniary embarrassment
• Police Inaction
• Other matters deemed to be against police code of conduct
A complaint may be made by anyone. If the complainant is under the age of 18, we request that the complainant be accompanied by a parent or guardian when coming to the Internal Affairs Unit. The Internal Affairs Unit will accept an allegation by phone, letter, e-mail, fax, anonymously, or in person. The complaint may be filed at the Internal Affairs Unit. The investigation is conducted by the Internal Affairs Unit.
A complaint may be made 24 hours a day. During normal business hours, the complaint may be submitted to the Internal Affairs Unit. After normal business hours, the complaint may be made by contacting an on-duty officer on number.
Depending upon the level of investigation, the complainant and any witnesses will be interviewed in detail concerning the incident. Their statements will be documented in writing. The Internal Affairs Unit will collect evidence pertaining to the complaint. The Internal Affairs Unit will analyse all the information gathered and determine if the appropriate finding is reached on each allegation. The Internal Affairs Unit then submits the written investigation to the Director. The Director reviews the Team leader/supervisor’s written investigation and approves of the findings in the allegation. Additionally, every allegation is reviewed by the Inspector General. After the investigation is completed, a closing letter is sent to the complainant.
If an allegation is sustained and discipline is imposed, the Police Department employee may contest that action. If that happens, the complainant may be asked to testify. If the investigation leads to the filing of a criminal complaint and the matter goes to trial, you may be required to testify in court.
The assigned investigator will contact you and inform you of receipt of the complaint. You may be asked to provide additional information and to be interviewed. All investigations must be completed within 90 days of the complaint being made. At the conclusion of the investigation you will be notified by mail of the outcome.
An allegation is sustained when the evidence indicates that it is more likely than not that a violation of the policy or procedure occurred; this standard of evidence is called the “preponderance of evidence.” The available findings to an allegation include:
Unfounded: The investigation conclusively proved that the act or acts complained of did not occur, or the member named in the allegation was not involved in the act or acts, which may have occurred.
Exonerated: The act or acts, which provided the basis for the allegation or complaint occurred, however, the investigation revealed they were justified, lawful, and proper.
Not Sustained: The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation made in the complaint.
No Finding: The complainant failed to disclose promised information needed to further the investigation.
Complaint Withdrawn: The complainant affirmatively indicates the desire to withdraw his/her complaint.
Sustained: The investigation disclosed sufficient evidence to clearly prove the allegation made in the complaint.
According to the Internal Affairs Unit Operations Manual, investigations into alleged police officer misconduct must be completed within 90 days of the received date.