A sick joke on outgoing National Intelligence Service Director Gen. Michael Gichangi is that his men hunted down the regime’s enemies using a white probox. The legend goes that in Coast, a white probox is the most feared vehicle especially if it is spotted twice. It killed Rogo and Makaburi.
Anyway, as Gen. Kimeru takes over the country’s intelligence gathering, what he does with the white probox will be keenly watched.
Human rights defender Ndung’u Wainaina has outlined a few areas the army man needs to pay urgent attention to, even as he settles in his new role as the ”eye and ear of the nation”.
Major General Philip Kameru has today Thursday September 11, 2014 been sworn in as Director of General of National Intelligence Service (NIS). He was (do not know whether he has resigned) a serving military man. He and NIS are accountable to the People of Kenya, Constitution and National Parliament.
I herein below outline in point form what I wrote in the July 2014 Edition of the Nairobi Law Monthly as what constitutes professional restructuring of civilian security and law enforcement agencies to key solutions to the national security challenges in 21st Century.
1. The Constitution transformed security apparatus arrangement from being regime-oriented to citizen-oriented. The Constitution 2010 enshrined provisions on National Security underpinned by democratic norms and community-oriented policing. It shredded â€˜orders from aboveâ€™ colonial model of law enforcement
2. National Police Service (NPS) is enjoys constitution functional and institutional autonomy with National Police Service Commission serving as buffer institution of the Service. It is established as a professional policing and law enforcement agency designed to apply modern-day technological and professional crime intelligence and counter-intelligence skills of scanning, analysis, assessment and responding effectively when addressing specific crime and disorder. The Service is bound to set its elaborate policing structure corresponding to devolved unitsâ€™ structures.
3. The Directorate of Criminal Investigations (DCI), popularly known as â€˜CIDâ€™ arm of the NPS is pillar of law enforcement agency. It deserves serious re-thinking, re-structuring and re-engineering into the modern day crime-buster. The DCI should be a efficient, capable and effective Scorpion type law enforcement agency with a two-way link to local police units and other security agencies. The new DCI will build and maintain a comprehensive security picture based on in depth crime intelligence analysis and prioritization of the threats, harm and risks to the country from criminals.
It will have the authority to undertake tasking and coordination of the police and other law enforcement agencies in crime matters. This would entail setting the overall operational strategy for tackling crime, ensuring appropriate action against criminals, stepping in to direct task where there are disputes about the nature of approach or ownership, and providing its own support. The DCI will harness the latest crime busting technology.
Through the multi-agency intelligence capabilities, expertise and assets, the DCI will comprise distinct specialized commands and in partnership with other law enforcement agencies. Finally, DCI will work very closely with office of the Director of Public Prosecutions (DPP). However internally, the Directorate will have a team of specialized legal experts, researchers in different fields and liaison teams in command centers including international cooperation. Its operational policy accountability chain will be the Director, office of Inspector General of National Police Service and Parliamentary Departmental Committee on Security.
4. The National Intelligence Service (NIS), NPS and the Military need to create a multi-agency criminal intelligence with a Directorate of Criminal Investigation (DCI) as the coordinating and implementing hub. They should prioritize the creation of the office of National Director of Security Intelligence, which will act as an Intelligence nerve center, coordinating and benefiting from the multi-agency intelligence and sourcing independent national strategic intelligence.
5. State House should establish a highly professional, independent and competent office of the National Security Policy Advisor to the President to receive and analyze overall intelligence reports and advise the President on the national internal and external strategic interests and threats of the country.