- A closer look reveals that the country does not lack laws. Article 25(a) of the Constitution guarantees freedom from torture and cruel, inhuman, or degrading treatment.
- Legal reforms alone cannot erase harmful mindsets; resocialization and cultural transformation within the NPS are essential.
- I dedicate this piece to the families and friends of those who lost their lives unjustly in the pursuit of a better Kenya. May justice be their shield and defender.
As Kenya commemorates the promulgation of its Constitution each August, citizens reflect on the gains made so far. Recent commemorations have centered on human rights, economic equality, and police conduct—issues shaped by how state agencies exercise their authority.
In June 2025, young Kenyans voiced their frustrations against what they perceived as state excesses, particularly arbitrary arrests and abductions of government critics. The tragic death of Albert Ojwang’, allegedly at the hands of police, ignited national outrage. For once, condemnation came in a unified voice—from political leaders, clergy, civil society, and even the National Police Service (NPS) itself.
This moment reopened the debate on whether Kenya has adequate policies to safeguard suspects. A closer look reveals that the country does not lack laws. Article 25(a) of the Constitution guarantees freedom from torture and cruel, inhuman, or degrading treatment. Article 26 upholds the right to life. Beyond the Constitution, standing orders and oversight bodies such as IPOA, EACC, and the NPS Internal Affairs Unit exist to check misconduct.
Yet, despite these frameworks, Ojwang’ lost his life. This underlines a deeper truth: Kenya’s challenge is not legal reform but cultural transformation within policing.
Entrenched Cultural Barriers in Policing
The NPS, like any institution, has its own traditions. Unfortunately, some are retrogressive:
- The “Utado?” Mentality
A holdover from an era where police power was unchecked, this attitude reflects arrogance and impunity. It ignores the fact that in the current constitutional order, sovereign power belongs to the people, merely delegated to the police. This culture must be unlearned. - Blind Obedience to “Orders from Above”
While discipline and chain of command are vital, obedience must stop where illegality begins. The Standing Orders (Chapters 28, 30, and 56) are clear: only lawful orders should be followed. Yet, junior officers often execute unlawful directives due to rank pressure. This toxic culture undermines professionalism and perpetuates abuses. - “Kuondoa Uraia”
From recruitment, officers are socialized to distance themselves from ordinary citizens to embody state authority. While some separation is necessary, it often fosters alienation and hostility. Modern security challenges demand community-centered policing, built on trust and collaboration. To move from “force” to “service,” officers must renew their sense of shared citizenship—uraia.
Why Culture Change Matters
Kenya’s problem is not a shortage of laws but a failure of internalization. Legal reforms alone cannot erase harmful mindsets; resocialization and cultural transformation within the NPS are essential. Officers must embrace values grounded in respect for human rights, constitutionalism, and the rule of law.
Only then will Kenya realize the full promise of its Constitution—not just on paper, but in the daily lived experiences of its people.
I dedicate this piece to the families and friends of those who lost their lives unjustly in the pursuit of a better Kenya. May justice be their shield and defender.
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The writer is a Criminologist, Certified Security Risk Management Professional, and Tutor at Brand Institute of Forensic and Security Studies.
