According to Omtatah, this loss of autonomy has serious consequences for justice and accountability, especially in high-profile cases.
Omtatah traced the problem back to 2014, when Parliament amended the National Police Service Act.
He said the changes were unconstitutional and quietly removed key safeguards that protected the police from political control.
Among the changes, he noted, was the removal of competitive recruitment for top police leadership, including the Inspector General, the two Deputy Inspectors General, and the Director of Criminal Investigations (DCI).
He also said Parliament scrapped the security of tenure for these officers.
This means they no longer enjoy protection from arbitrary removal, making them vulnerable to pressure from those in power.
Omtatah argued that these two changes alone handed control of the police to the Executive.
According to the senator, the situation today is even worse.
He claimed that with the blessing of the National Assembly, the President now personally handpicks and appoints the top police leadership.
Because these officers serve at his pleasure, Omtatah said they cannot act independently or fearlessly when investigating sensitive matters.
In strong remarks, Omtatah said this arrangement has effectively made the President “the police.”
He argued that when law enforcement officers owe their positions and job security to one person, they cannot be trusted to investigate cases that may be politically inconvenient.
Using the death of businessman and politician Jirongo as an example, Omtatah demanded clear answers.
He said Kenyans deserve to know the truth, and if the police are under the President’s control, then responsibility ultimately lies with him.
“He should tell us who killed Jirongo,” Omtatah said, insisting that justice cannot be selective.