EXPLAINER: Understanding IPOA, what it does and its powers

As concerns over police conduct continue to attract public attention, one body remains central to ensuring law enforcement remains accountable-the Independent Policing Oversight Authority (Ipoa).

Established under the Constitution and the IPOA Act of 2011, this civilian-led agency plays a critical role in investigating police misconduct, promoting professionalism within the service, and protecting citizens' rights.

Article 244 of the constitution requires the police to strive for the highest levels of discipline and professionalism, promote and practice, transparency and accountability in execution of their duties. Ipoa holds them accountable to this standard.

The inaugural board was sworn into office in June 2012

The agency is mandated to monitor, investigate, and report on the actions of the National Police Service (NPS).

Its creation was a response to long-standing public outcry over abuse of power, extra-judicial killings, and lack of accountability within the police force.

The Ipoa’s Act mandates its to conduct several functions.

These are investigations into deaths and serious injuries caused by police action before recommending disciplinary action or prosecution on those involved.

It also investigates police conduct after receiving complaints made by 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,” it states.

Ipoa also monitors, reviews and audits investigations and actions by the Internal Affairs Unit of the police.

It oversees the work of the IAU to independently verify that the internal police system deals with complaints against officers fairly and effectively.

The Authority can take over investigations if not satisfied with IAU's intervention.

It further conducts inspections of police premises to ensure they meet basic predefined standards and that the treatment of suspects and detainees is in line with the constitution.

In reviewing the functions of the internal police disciplinary processes, it may conduct surveys to asses improvement in police internal accountability mechanisms.

Ipoa also monitors and audits police operations and internal systems.

What powers does Ipoa have?

Ipoa has the legal power to summon officers, inspect police premises, access documents, and recommend prosecution or disciplinary action.

Although it does not prosecute cases itself, its findings are handed over to the Office of the Director of Public Prosecutions (ODPP), which can take legal action.

Why it matters now

Ipoa is currently probing several cases involving the police, the latest being the shooting of a man by a police officer in Nairobi CBD during Tuesday’s protests.

This came in the wake of another in which a suspect, Albert Ojwang, died in police custody.

Several officers have so far been questioned about the incident.

In recent years, Ipoa’s work has come under the spotlight due to growing public frustration over police brutality, particularly during protests, curfews, and enforcement of security operations.

As more cases of alleged unlawful killings and abductions are reported, Ipoa's role in independently verifying these claims and pushing for justice is more vital than ever.

Critics argue that Ipoa needs more resources and autonomy to act swiftly and conclusively. However, its existence remains a key part of the reforms aimed at transforming Kenya’s policing from a force into a service.

Kimilili MP Didmus Barasa threatened on Wednesday to sponsor an amendment to disband the agency for allegedly intimidating police officers in line of duty.

The lawmaker said the authority has failed on his mandate and instead resorted to making the work of the police difficult.

Addressing a press conference at Parliament, Barasa also said his proposed legislation will give the security officers powers to use reasonable force in the line of duty.

According to Barasa, the authority in its current format only serves to instill fear within the NPS.

“I have set up a team in my office looking at all this proposal. The amendments will be out soon,” Barasa said.

“I will propose to disband Ipoa or reduce them to how parliamentary committees handle petitions.”