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Advances in Social Sciences Research Journal – Vol.8, No.1
Publication Date: January 25, 2021
DOI:10.14738/assrj.81.9501.
Natwoli, R., Mwangi, S., W., & Mwaeke, P. (2021). Challenges Facing The Directorate Of Criminal Investigation Department On
Management Of Criminal Gang Activities In Nairobi County, Kenya.. Advances in Social Sciences Research Journal, 7(10) 134- 155.
Challenges Facing The Directorate Of Criminal Investigation
Department On Management Of Criminal Gang Activities In Nairobi
County, Kenya
Robert Natwoli
Department of Peace Security and Social Sciences,
Egerton University, Kenya.
Samson Wokabi Mwangi
Department of Peace Security and Social Sciences,
Egerton University, Kenya.
Panuel Mwaeke
Department of Peace Security and Social Sciences,
Egerton University, Kenya
ABSTRACT
This paper uses data collected for an MA Thesis on the challenges facing the
Directorate of Criminal Investigation Department on management of
criminal gang activities, in Nairobi County, Kenya. This study has been
necessitated by continued concern among policymakers, security pundits
and citizens about the rising criminal gang activities in the country, more
pertinently in Nairobi County. Although there are few studies that tried to
scratch this area, there has never been a detailed and systematic inquiry and
analysis of this problem. The study was guided by several specific objectives;
the first objective examined the tactical challenges that the police face in
policing gang related activities in Nairobi County, Kenya; assessed the effect
of corruption in undermining the war against gang related activities in
Nairobi County, Kenya; and finally explored other technological challenges
that the police face in policing gang related activities in Nairobi County,
Kenya. The study adopted descriptive research design and purposive
sampling technique to collect data. Interview schedules and key informants
(K.I) guide were the main tools used to collect data using the interview
method of data collection. 60 officers of the Special Crime Prevention Unit
were the main respondents. Major challenges faced by the DCI officers
when dealing with criminal gang activities especially within Nairobi County
include; poor relationship between police and the general public as reported
by 89.1% of the respondents, increased involvement of women in gang
activities which is exacerbated by low ratio of female-male officers for
undercover operations and 90.9%. of respondents indicated due to woman
innocence will create a greater challenge. Others include; gang related
activities with networks and markets especially for stolen vehicles across the
borders as a result of corruption along the borders by both police, custom
and military officers. Further, 85.5% indicated that cross border gang
activities were worsened by lack of harmonized law for the regulation and
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Natwoli, R., Mwangi, S., W., & Mwaeke, P. (2021). Challenges Facing The Directorate Of Criminal Investigation Department On Management Of Criminal
Gang Activities In Nairobi County, Kenya.. Advances in Social Sciences Research Journal, 7(10) 134- 155.
URL: http://dx.doi.org/10.14738/assrj.81.9501 135
prevention of these activities that led to enhanced proliferation of weapons
as well as drugs to and from the neighboring countries. Major
recommendations for policy considerations included; increased recruitment
and deployment of female officers to beef up their ratio in undercover
operations. Harmonized laws for the neighboring East African community
countries and increased cooperation between the security organs of these
countries in order to have a coordinated approach of tracking and
apprehending criminals who escape to neighboring countries. The study also
recommends mandatory training for DCI officers in computer/ technological
skills to be able to intercept, interpret and or decode gang related
communication and cybercrime related activities.
Key words: Gangs, Gang related activities, Management of criminal gang
activities,
INTRODUCTION
Hirschfeld (2015) defined a gang as two or more people organized to achieve a common objective
and who also share a common identity. According to Grillo (2016), a gang can also mean a group of
associates, friends or members of a family with a defined leadership and internal organization that
identifies with or claims control over territory in a community. Previous studies (Grillo, 2016;
Hirschfeld, 2015) indicate that gangs may be involved in different areas of street-crime activities
including drug trafficking, extortion, theft as well as terrorist acts among others (Fraser &
Hagedorn, 2018). In most cases, gangs identify themselves with a common name for the purpose
of clarifying the common objective they are set to achieve (Grillo, 2016). Additionally, criminal
gang activities, include political or non-political acts of violence that are committed by a group of
individuals who are fond of regularly engaging themselves into criminal activities or rather
actions against innocent persons (Pyrooz, Decker & Moule, 2015). Statistics have it that there are
many criminal gang activities happening everyday across the globe with the most common ones
being terrorism, theft and extortion among others (Fraser & Hagedorn, 2018). In Kenya, for
instance, there are some criminal gang activities that are happening now and then thus
compromising the normal functioning of individuals as well as the government (Schuberth, 2018).
However, the government of Kenya through the Directorate of Criminal Investigation (DCI)
department has done a lot through effective investigations to manage criminal gang activities. All
the same, there are still indicators that organized criminal gang rates are on the rise (Hope, 2015).
The fact that such organized criminal activities are on the rise means that there might be some
challenges that continue to be experienced with this particular department hence the need for
more future research to improve the same.
Record have it that worldwide urbanization in addition to globalization has created favorable
conditions for the growth of gangs, particularly in Latin America, Asia, as well as Africa (Hagedorn,
2005). Davis (2004) argues that unlike the expansion of the state in the earlier industrial era, in
the globalization era, states have retreated in the face of instantaneous financial flows and
neoliberal monetary policy, while emphasizing punitive policies toward marginalized
communities. The implication is that Gangs occupy the vacuum created by the retreat of the social
welfare policies of the state. The globalization has connected the whole world economically, but it
has come with other negative impact such as creating opportunities for international crime to
grow. In other words, globalization has led to the formation of gangs in countries, regions and
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cities across the world (Hagedorn, 2005). These gangs commit illegal activities that impinge on the
constitutional rights of citizens. In other words, such gang activities are known to have the impact
of compromising security of the citizens. Considering that such criminal gang activities
compromise the security of citizens, it has been a constitutional mandate of every democratic state
to ensure that individual rights and freedoms are guaranteed and protected at all cost (US, 1776;
Kenya, 2010).
For the purpose of guaranteeing the protection of individual rights as well as freedom, therefore,
human rights policy or rather legislation has been established in most countries including Kenya.
In most cases, such acts have prioritized human rights that form an important framework for
social, economic and cultural development and include the right to life, liberty and pursuit of
happiness. The major organizing principle adopted by many governments in safeguarding human
rights, Kenya included, is by effective enforcement of laws through the police institutions (CAP 84
Laws of Kenya). Like in many other countries across the globe, the police service in Kenya has
been established as a service to secure a peaceful society. The Kenyan police service does this by
enforcing the law and at the same time deterring criminal behavior (CAP 84 Laws of Kenya). All
the same, in Kenya, the war against criminal gang activities continues to face some challenges. This
study assumes that among the key challenges facing the directorate of criminal investigation
department on the management of criminal gang activities in Kenya are different forms of
corruption including bribery, extortion, cronyism, nepotism, parochialism and patronage among
others (Kenya, 2010). Such forms of corruption may have the impact of influencing peddling, graft,
and embezzlement.
Although there are no comprehensive, comparative studies of criminal gangs across the world,
scholars estimate that, there are at least tens of millions of gang members in the world today
(Hagedorn, Hazlehurst & Hazlehurst, 1998; Klein, Kerner, Maxsen, & Weitekamp, 2001; Kontos,
Brotherton, &Barrios, 2003). It is also argued that gangs have now been formed all over the world,
especially whenever and wherever industrialization and related processes drive people into cities.
For example, in China, Triads began in the 18th century and morphed into gangster activity in Hong
Kong, Shanghai, and other large Chinese cities (Booth, 1999). The mafia, originally a rural 19th- century Sicilian rebel force, took root in U.S. cities and transformed local gangs, like Chicago’s
Taylor Street crew, into powerful illicit organizations (Hobsbawm, 1969; Nelli, 1969). Challenges
or rather criminal activities posed by organized criminal gangs include terrorism, maritime piracy,
human/arms/drugs trafficking and cyber-crime (Hobsbawm, 1969).
Nonetheless, there are arguments that gang studies in the 1960s argued for or were directed for
new social programs that stressed opportunity as part of a societal war on poverty (Cloward &
Ohlin, 1960; Yablonsky, 1966). The current gang literature continues to urge for increased state
intervention whereas others follow Shaw and McKay (1942) and stress community empowerment
in part through leveraging state resources (Bursik & Grasmick, 1993; Sampson & Groves, 1989).
US National Gang Intelligence Center (NGIC, 2009) portended that some gangs enjoy transnational
influence which means that the gangs have direct connections or linkages with other gangs
outside their countries. This may not only be a challenge to community wide but also local as well
as regional policing efforts (Klein, 1995; Spergel, 1995). The implication here is that this may
require a very comprehensive strategy to fight gang crime effectively. Industrializing Third World
countries like South Africa had gangs, or skollies, for most of the 20th century (Pinnock, 1984). For
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Natwoli, R., Mwangi, S., W., & Mwaeke, P. (2021). Challenges Facing The Directorate Of Criminal Investigation Department On Management Of Criminal
Gang Activities In Nairobi County, Kenya.. Advances in Social Sciences Research Journal, 7(10) 134- 155.
URL: http://dx.doi.org/10.14738/assrj.81.9501 137
instance, the “Number gangs” have been known in South African prisons for nearly a century
(Shurink, 1986). In the wake of post–World War II urbanization, gangs like the Rarry boys in
Sierra-Leone (Abdullah, 2002) were formed by the children of urban migrants. In New Zealand,
Maori gangs have built national networks in the mid-20th century (Hazelhurst, in press). One other
familiar figure is Yasser Arafat; he learned guerrilla tactics as a street gang leader in Cairo in the
1940s (Aburish, 1998).
According to the Kenya National Crime Research Centre (NCRC, 2012) a relatively new and
threatening trend in East Africa is the attack by pirates off the coast of Kenya. Young adults, who
are generally poor and uneducated, are recruited by crime lords in Somalia and Kenya in an
attempt to extort money from commercial and private ships in the Indian Ocean. The immense
coastline and porous borders of Kenya make it a prime location for trafficking in humans,
weapons, and drugs. It is however not clear whether there are pirates in Kenya or their activities
are purely coordinated from Somalia (NCRC, 2012). The United Nations Office on Drugs and Crime
(UNODC, 2002) portended that crime situation in Kenya is not unique within itself - many of the
problems that face Kenya on a criminological and development level are, for the most part,
identical to those facing the surrounding countries in East Africa. According to this report,
organized criminal gangs in Kenya have been associated with their native communities, thus
gaining protection and making them complicated to deal with. In the year 2010 a study
commissioned by the Panel of Eminent Persons conducted in Nairobi, Central and Nyanza
provinces identified 32 illegal criminal groups, of which 27 were not listed in the 33 banned
criminal groups. Further, studies indicated that the illegal groups were taking a low public profile
and speculated that the leaders of these groups were seeking to shed their negative image and
present themselves as candidates for public office (Pinnock, 1984). These illegal groups were
found to be spread throughout the country although more common in urban environments and
particularly in Nairobi’s large slum areas. The activities of these criminal gangs may be
responsible for increase of crime rates in Kenya hence the need to address the matter. According
to the National Crime Research Centre (NCRC, 2012) trends in organized crime throughout East
Africa, specifically in Kenya, are frequently evolving, giving law enforcement officers’ difficult task
of policing and causing serious implications for national security.
As one of the organs of the state responsible for the proper administration of justice, law and
order, the police force are mandated to provide a safe environment guaranteeing the respect and
enjoyment of basic rights by all citizens (Birzer, 1999). Commonwealth Human Right Initiative
(CHRI, 2003) argued that police are the most visible manifestation of government authority
responsible for public security in any country. While being under enormous pressure by both state
and non-state actors to counter the increasing wave of crime and the new threats to national
security, including those emanating from terrorism, the police must operate in accordance with
law and respect human rights at all times (CHRI, 2003).
With the proliferation of gang violence and crime, increasing numbers of gang members, and the
spread of historically localized gangs to other cities and states, the need for gang research has
become more compelling. Most studies done so far have focused on specific types of gangs. Again,
majority of studies are descriptive in nature, examining the organizational structure and activities
of gangs, and the socio-demographic and criminal histories of gang members. Fewer studies have
focused on what measures law enforcement agencies and communities undertake to deal with the
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gang problem. These include national surveys such as Miller’s 1975 investigation of 12 cities
known to have youth gang problems, and Needle and Stapleton’s 1983 study that examined law
enforcement perspectives in agencies in 60 U.S. cities. More recent surveys include the 1992 Law
Enforcement Mail Questionnaire Survey conducted by Knox, et al, which obtained estimates of the
extent and severity of the gang problem from urban police chiefs and county sheriffs in 787 cities
with populations greater than 25,000 and 703 component counties of metropolitan areas. Recent
study in Kenya (NCRC, 2012) focused on types of existing criminal gangs and their activities but
there is no documented study that focused on challenges faced by law enforcement officers to
police gang related activities. This study therefore focuses on challenges faced by the Kenya police
service in policing gang related criminal activities with a view of coming up with mitigation
strategy to deal with such crimes.
In their survey, the Police Executive Research Forum (PERF) (2009) also found that gang
dynamics are changing and the challenges they pose to police are constantly evolving. Besides,
criminal activities associated with those gangs also differ because each criminal gang has unique
shifts in their basic motivations, structure and activities. In addition, gang types range from local,
regional and transnational levels. As a result, there is no agreed upon strategy that cut across all
criminal gang type and contexts. In their study of organized crimes in Kenya, the NCRC (2012)
generally focused on the types of organized crimes that are in Kenya and the criminal activities
associated with such gangs but did not look at the challenges that the Kenya police face in dealing
with such criminal gangs, hence the rationale for this study. It is with this understanding,
therefore, that this research seeks to examine challenges facing the Directorate of Criminal
Investigation department on the management of criminal gang activities, in Nairobi County,
Kenya.
Problem Analysis
There is increasing public perception that gang types, membership and their activities are on the
rise in Kenya. This is despite having constitutional mandated institutions like the police and the
DCI who are tasked with policing. It has also been argued that, gang dynamics are changing and
the challenges they pose to police are constantly evolving. For example, there are speculations that
street gang members in Nairobi County, Kenya, have established markets and customers in the
neighboring countries. Besides, criminal activities associated with those gangs also differ because
each criminal gang has unique shifts in their basic motivations, structure as well as activities. This
has led to increase of crime rates in Kenya, especially in Nairobi County. This is likely to
compromise the attainment of the country’s development blueprint Vision 2030 in which security
is one of the projects anchored on the social pillar. Given that criminal gang activities are on the
rise in the Nairobi County, this study assumes that there are likely to be serious underlying
challenges undermining the management of criminal gang activities, in Nairobi County, Kenya,
hence the rationale for this study.
METHODOLOGY
Research Design
This study adopted a descriptive survey research design. According to Kothari (2004) a research
design is the arrangement of conditions for collection and analysis of data with the objective of
combining relevance of the research purpose and economy in procedure. It is the conceptual
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Natwoli, R., Mwangi, S., W., & Mwaeke, P. (2021). Challenges Facing The Directorate Of Criminal Investigation Department On Management Of Criminal
Gang Activities In Nairobi County, Kenya.. Advances in Social Sciences Research Journal, 7(10) 134- 155.
URL: http://dx.doi.org/10.14738/assrj.81.9501 139
structure within which research is conducted and constitutes the blueprint for the collection,
measurement and analysis of data.
Descriptive survey research is a method of collecting primary data based on communication with
a representative sample of individuals (Zikmund, 2007). Further the design through the use of
interviews provided respondents with an opportunity to provide information about themselves,
their attitudes and beliefs, demographics and other past, present and future behaviors (Cozby,
2003). The design was deemed appropriate since the study sought to explore the challenges facing
the DCI officers in policing gang-related activities, in Nairobi County, Kenya.
RESULTS AND DISCUSSIONS
A total of 57 dully filled and usable questionnaires out of 60 were obtained from respondents for
the study. This represented 91.7% response rate and a non-response rate of 8.3%. According to
Mugenda and Mugenda (2003), this was sufficient for doing the analysis. Table 1 below shows the
response rate. Therefore, all the tables and graphs presented in this chapter have a sample size of
55 unless stated otherwise. In this regard, some tables have a total response of more than 55 and
this represents multiple response (where respondents were required to give more than one
response).
Table 1: Response Rate
Frequency Percentage %
Responded 55 91.7
Did not respond 5 8.3
Total 60 100
Source: Author (2020)
Demographic Information of Respondents
This section presents demographic information of respondents namely: rank of police officers and
gender of respondents.
Rank of Police Officers
The ranks of respondents who participated in the study were as shown in Table 4.2 below:
Table 2: Rank Of Respondents
Rank Frequency Percent
Constable 21 38.2
Corporal 13 23.6
Sergeant 10 18.2
Inspector 5 9.1
Chief inspector 4 7.3
Superintendent 2 3.6
Total 55 100
Source: Author (2020)
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Gender of Respondents
There was a near parity in the gender distribution of respondents who participated in the
research is as shown in figure 1 below:
Figure 2: Gender Of Respondents
Respondents’ Years of Service
On average, the police officers that participated in this survey were fairly experienced having
served in the police service for 11 years. Some of them had served for two years while others had
served for three decades as shown in Table 4.3.
Table 3. Respondents’ Years Of Service
Descriptive Statistics
N Minimum Maximum Mean Std. Deviation
Years of service in Kenya police 55 2 30 11.16 7.591
Valid N (list wise) 55
Presentation of Results and Findings
The first objective sought to examine the tactical challenges faced by the directorate of criminal
investigation (DCI) especially the special crime prevention unit (SCPU) officers in fighting gang
related activities in Nairobi County. It focused on three major gang related crimes namely;
robberies, drug trafficking and carjacking. From the pilot, it was revealed that the tactical
challenges in fighting these activities were different thus the researcher sought to examine these
tactical challenges per the gang activity.
General Tactical Challenges
These were divided into the tactical challenges in managing robberies, drug trafficking and
carjacking. To begin with, the study examined the tactical challenges affecting the DCI in managing
robberies in Nairobi County.
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Cross Border Gang Activities
The study also sought to examine the effects of cross border gang activities in the management of
gang related activities in Nairobi. The focus was mainly on the activities in the neighboring
countries such as Uganda and Tanzania. The findings were as presented in Table 7.
Table 4: Effects Of Cross Border Gang Activities In Managing Gang Activities
Frequency Percent
Lack of strict rules that guide entrance of goods 47 85.5%
Lack of harmony in law (some illegal goods are legal in other
countries e.g. Bhang)
38 69.1%
Availability of cheap goods (e.g. firearms) in neighboring
countries
37 67.3%
Ready market of goods in other countries 36 65.5%
Lack of proper monitoring of the borders 34 61.8%
Bureaucracies in following crime suspects in other countries 32 58.2%
As evidenced in Table 7, there have been various implications of gang related activities in the
neighboring country that have affected the management of these activities in Nairobi. For instance,
85.5% of the respondents reported that lack of strict rules that guide entrance of goods has
enhanced proliferation of weapons as well as drugs to and from the neighboring countries thus
raising crime rates. In addition, lack of harmony in law for the regulation and prevention of these
activities has hampered the fight against gangs. For example, some goods that are illegal here in
Kenya e.g. Bhang are legal in other countries. This makes ready market for drugs in other
countries and encourages gangs to engage in this business. Further, availability of cheap goods
(e.g. firearms) in neighboring countries such as Somalia has made the fight against gang activities
in Nairobi harder. The lack of proper monitoring of the borders has made the borders porous and
easy to sneak in the weapons and drugs. It has also created a way for the criminals to escape and
hide in the neighboring countries. In this case, bureaucracies in following crime suspects in other
countries lead the police into abandoning the case unless with the cooperation of the security
forces in other countries.
Use of Internet Based Methods in Gang Communication
Besides, the study sought to examine the challenge posed by use of internet based methods such
as YouTube, Face book, encrypted e-mail, Skype, MySpace in gang communication on the
operations of the police in preventing gang related activities. All the respondents indeed
ascertained that these forms of communication had challenged the operations of police in fighting
gang related activities. The effects of these communication methods were as illustrated in Figure
3.
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Natwoli, R., Mwangi, S., W., & Mwaeke, P. (2021). Challenges Facing The Directorate Of Criminal Investigation Department On Management Of Criminal
Gang Activities In Nairobi County, Kenya.. Advances in Social Sciences Research Journal, 7(10) 134- 155.
URL: http://dx.doi.org/10.14738/assrj.81.9501 145
Figure 4: Effects Of Using Internet Based Methods In Gang Communication On Managing Gang
Related Activities
Based on results in Figure 3, the use of these communication methods by criminal gangs makes
communication easier amongst themselves as reported by 81.8% of the respondents. Also,
through these channels, the criminals access online markets of goods where they are able to sell
stolen goods and vehicles (58.2%) without the knowledge of the police as well as buy goods
including weapons and drugs at cheaper prices. Most of them use coded language so that they
cannot be detected by the authorities. Further, from these channels, criminals access action
movies that teach them new skills and tactics of evading the police or even confronting them
during their activities.
The criminals are also able to monitor the social media communication of police and obtain crucial
information especially on their check points. This makes it harder for the police to track the
criminals. Following communications in these channels is hard since the police lack the
mechanisms to access the conversations. Through these methods, some rogue police officers also
provide information to the criminals because they know through the channels they will not be
caught.
Generally, these tactical lapses within the police service have hampered the management of gang
activities especially in Nairobi. The major effects of these challenges were said to be the notion
that nothing will be done to get justice even if the police arrest the criminals (61.8%). Moreover,
using sophisticated communication methods and with aid from the rogue officers who provide
information as well as weapons to the criminals, the police are not able to track and apprehend
the criminals (60.0%). It was also reported that the junior police officers fear crossing paths with
their superiors especially if the relatives and/or friends of their superiors are involved in these
crimes
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Natwoli, R., Mwangi, S., W., & Mwaeke, P. (2021). Challenges Facing The Directorate Of Criminal Investigation Department On Management Of Criminal
Gang Activities In Nairobi County, Kenya.. Advances in Social Sciences Research Journal, 7(10) 134- 155.
URL: http://dx.doi.org/10.14738/assrj.81.9501 147
Based on the results in Table 8, corruption within the police services has led to favoritism of
relatives and friends thus blocking their apprehension as reported by 81.8% of the respondents.
The criminals are left to continue with their activities because they have protection from the
police (especially the senior officers). Moreover, this form of corruption has led to command
issues where seniors will not send officers to areas where they have interests in. Instead, they will
send officers to patrol other areas leaving their interests to be executed freely. This also leads to
selective deployment where the senior officers deploy their friends and/or collaborators to
specific areas where they want their interests to be protected. Another effect of corruption within
the police service was reported to be poor policy implementation by the senior officers this
rendering efforts to curb crime as well as fight against gangs ineffective.
Effects of Custom Officers' Corruption on Police Operations
The second aspect of corruption studied was the effect of custom officers’ corruption and
involvement in gang activities on the operations of police in policing gang activities in Nairobi
County. The findings were as presented in Table 9.
Table 6: Effects Of Custom Officers' Corruption On Police Operations
Frequency Percent
Conceal identity of goods at the border 50 90.9%
Allow clearance/entry/exit of illegal goods 41 74.5%
Allow clearance/entry/exit of criminals 26 47.3%
The study results revealed that corruption in the customs department has brought about illegal
entry of people and goods across from other countries. When customs officers are involved in
corruption and gang activities, they conceal identity of goods at the border (90.9%) such that they
very well know what goods are being crossed over but hide their identity or even give them a
different name especially a legal item in order for them to be allowed entry. It was also reported
that involvement in corruption enables the officers to allow clearance, entry and exit of illegal
goods (74.5%) as well as criminals (47.3%). Therefore, it is evident that corruption within the
customs office/department has really affected the operations of police in fighting gang activities.
Effects of Military Corruption on Police Operations
Thirdly, the study examined how military corruption and involvement in gang activities affect
police operations in policing gang related activities. These effects are as presented in Table 10.
Table 7: Effects Of Military Corruption On Police Operations
Frequency Percent
Interdicted officers join criminal groups 51 92.7%
Allow entry and/or exit of criminals across borders 48 87.3%
Seniors protecting their ‘interests’ 45 81.8%