NAIROBI, Kenya Aug 13 – Independent Policing Oversight Authority (IPOA) chairperson nominee Dr Duncan Ojwang Oburu has pledged to speak “truth to power” and defend the rights of Kenyans if approved to lead the police oversight body.
Dr Ojwang told the National Assembly Departmental Committee on Administration and Internal Security on Wednesday that he would maintain IPOA’s independence while fostering cooperation with the National Police Service to improve policing and restore public confidence.
“I believe I am courageous. I speak truth. Trust me with that responsibility. We will speak truth to power,” Dr Ojwang told the committee during his approval hearing.
He said IPOA’s primary responsibility was to protect citizens and ensure that police officers exercised their powers within the Constitution and the law.
“IPOA is the eye of Kenyans because Kenyans are the sovereign of this country,” he said, adding that the authority should remain independent whenever it investigates police misconduct, examines police operations or handles complaints of abuse.
Dr Ojwang said cooperation between IPOA and the Inspector-General of Police should not be confused with subordination, noting that the authority should not take instructions from the police command when carrying out its oversight mandate.
He told the committee chaired by Narok West MP Gabriel Tongoyo that there was a need to strike a balance between functional independence and cooperation with the National Police Service.
According to the nominee, some aspects of IPOA’s work, including investigations, require complete independence, while other functions such as inspections, reforms and engagement with police authorities require cooperation.
“When it comes to misconduct, reported misconduct, checking operations and investigation, IPOA’s judgment and independence in terms of its operation and judgment cannot allow it to take instruction from the IG,” he said.
Dr Ojwang said IPOA should also become more accessible to members of the public and improve communication with citizens who lodge complaints against police officers.
He pledged to make himself accessible to Kenyans if approved, saying members of the public should have confidence that the authority would listen to their concerns and act on them.
The nominee identified deaths in police custody and police brutality as among the issues requiring urgent attention, saying there should be no place safer for a Kenyan than a police station.
He proposed the installation of functional closed-circuit television cameras in all police stations and the use of body cameras by police officers while on duty to enhance transparency and accountability.
“Bad things happen when there is darkness or people cannot see what you are doing,” he said, citing the importance of CCTV footage in investigations.
Dr Ojwang also called for greater use of technology to improve IPOA’s investigations and reduce delays in handling complaints. He proposed digitalisation of police records, including occurrence books, case files and firearms records, saying manual systems could facilitate tampering and undermine investigations.
He said IPOA needed more resources and personnel to effectively discharge its mandate.
The authority, he told MPs, has an approved staff establishment of about 1,300 but currently operates with roughly 300 employees, representing only about a quarter of its required capacity.
“With more resources and boots on the ground, they can do better,” he said, noting that the authority was expected to oversee a National Police Service with more than 100,000 officers spread across the country.
The nominee further backed proposals to expand IPOA’s oversight mandate to other State agencies whose officers are authorised to carry firearms, including the Kenya Wildlife Service, Kenya Forest Service and prison services.
He argued that the principle of civilian oversight should apply to all State institutions whose officers exercise coercive powers or carry firearms.
“It is long overdue,” Dr Ojwang said of the proposed expansion, adding that such an extension would, however, require additional resources and personnel.
He also supported reforms that would give IPOA powers to arrest suspects in cases under investigation, similar to the powers enjoyed by other investigative agencies.
The nominee said IPOA’s limited enforcement powers sometimes complicated investigations because the authority could be forced to rely on the same police service it was investigating to effect arrests.
Dr Ojwang also defended his legal qualifications after Suna West MP Peter Masara questioned why he had not attended the Kenya School of Law.
He told MPs that he had taught law for about 12 years in Kenya and about 15 years overall, specialising in constitutional law, human rights and the Bill of Rights.
He said the Constitution provides an alternative route to eligibility for appointment to judicial office through teaching law for more than 10 years, and that he had already engaged the Council of Legal Education on obtaining admission to practise law in Kenya.
“I teach constitutional law and human rights in Kenya and the Bill of Rights,” he said.
The nominee also promised to protect IPOA staff from political interference and arbitrary changes, saying institutional stability and retention of experienced personnel were critical to the authority’s effectiveness.
His remarks came after MPs raised concerns over the number of senior IPOA employees serving on contracts, warning that job insecurity could undermine independence and staff morale.
Dr Ojwang said the board should focus on strategic leadership and governance while allowing the chief executive and staff to handle day-to-day operations.
He also urged the committee to support adequate funding for the authority, saying investigations were costly and required specialised personnel and technology.
Addressing concerns over IPOA’s record in handling complaints, the nominee said the authority had received thousands of complaints but lacked sufficient capacity to process them efficiently.
He advocated for a more strategic approach, including prioritising cases that could have a wider impact on police accountability, while making greater use of alternative dispute resolution and mediation to reduce the backlog.
Dr Ojwang further called for stronger collaboration between IPOA, the Office of the Director of Public Prosecutions and other accountability institutions to ensure cases move through the justice chain.
He said the authority should not become complacent, warning that public confidence in policing could only be restored through sustained accountability.
“Eternal vigilance is the only way to keep our robust Constitution providing protection for Kenyans,” he said.
The nominee also recounted a personal family experience involving the arrest and detention of his brother during the Nane Nane disturbances, saying the experience shaped his commitment to human rights and police accountability.
He told MPs that his brother, Justus Ojwang, was among Kenyans arrested and detained at Kamiti Maximum Prison for more than a year before being released.
Nyakach MP Aduma Owuor, who said he had represented some of those arrested, including current Energy Cabinet Secretary Opiyo Wandayi, confirmed the account during the hearing.
Dr Ojwang said the experience had given him a personal understanding of the consequences of police abuse and unlawful detention.
“I know what it takes when the police can be wrong. We have been hit as a family,” he said.
He pledged that, if approved, IPOA would remain firmly focused on protecting citizens while ensuring police officers operate professionally, respect human rights and remain accountable for their actions.
The committee is expected to consider the nominee’s responses before making its recommendation to the National Assembly on his suitability for appointment as IPOA chairperson.
