Independent Policing Oversight Authority Act

Section 1. Short title. Section This Act may be cited as the Independent Policing Oversight Authority Act.

Section 2. Interpretation. Section 2(1)(a) the requirements or norms of policing contained in any regulation or official document, charter, standing orders or policy providing for standards of discipline, behaviour or ethics, rules of engagement, rules on the use or abuse of power or rules and regulations on the use of equipment, applicable to members of the Service; Section 2(1)(b) the values and norms applicable to policing in a democratic society and in particular those laid down in Articles 10, 232 and 244, of the Constitution and any law relating to ethics and leadership; or Section 2(1)(c) applicable norms and standards provided for in international instruments applicable to Kenya; Section 2(1)(a) employed by it; or Section 2(1)(a)(i) employed by it; or Section 2(1)(a)(ii) acting on its behalf, under its control or at its behest; and Section 2(1)(a)(iii) any other person for the time being exercising Police powers under any written law. Section 2(2) Despite subsection (1), until after the first elections under the Constitution, references in this Act to the expression "Cabinet Secretary" shall be construed to mean "Minister".

Section 3. Establishment of the Authority. Section 3(1) There is hereby established an Authority to be known as the Independent Policing Oversight Authority. Section 3(2)(a) suing and being sued; Section 3(2)(b) acquiring, holding, charging and disposing of movable and immovable property; and Section 3(2)(c) doing or performing all such other things or acts as may lawfully be done or performed by a body corporate. Section 3(3) The headquarters of the Authority shall be in the capital city of Kenya, and the Authority shall devolve its services to the counties in accordance with Article 6 of the Constitution.

Section 4. Independence of the Authority. Section 4(1) In the performance of its functions the Authority shall subject to section 34 , not be subject to any person, office or authority. Section 4(2) The Authority shall observe the principle of impartiality and rules of natural justice in the exercise of its powers and the performance of its functions. Section 4(3) Every Government officer or institution shall accord the Authority such assistance and protection as may be necessary to ensure its independence, impartiality, dignity and effectiveness. Section 4(4) No person or body may interfere with the decision making, functioning or operations of the Authority. Section 4(5) Parliament shall ensure that the Authority is adequately funded for it to effectively and efficiently perform all of its functions.

Section 5. Objectives of the Authority. Section hold the Police accountable to the public in the performance of their functions;

Section 6. Functions of the Authority. Section investigate any complaints related to disciplinary or criminal offences committed by any member of the Service, whether on its own motion or on receipt of a complaint, and make recommendations to the relevant authorities, including recommendations for prosecution, compensation, internal disciplinary action or any other appropriate relief, and shall make public the response received to these recommendations;

Section 7. Powers of the Authority. Section 7(1)(a) requisition of reports, records, documents or any information from any source, including from the Police, irrespective of whether that source is located within or outside Kenya and irrespective of whether any other person or body, other than a court of law, has already instituted or completed a similar investigation or similar proceedings; Section 7(1)(a)(i) requisition of reports, records, documents or any information from any source, including from the Police, irrespective of whether that source is located within or outside Kenya and irrespective of whether any other person or body, other than a court of law, has already instituted or completed a similar investigation or similar proceedings; Section 7(1)(a)(ii) entering upon any establishment or premises, including Police premises, on the strength of a warrant, and subject to any relevant law, where the premises are a private home or dwelling; Section 7(1)(a)(iii) seizing and removing any object or thing from any premises, including Police premises, which may be related to the matter under investigation, and in respect of which a receipt shall be given to the owner or person app...

Section 8. The Board of the Authority. Section 8(1) The Authority shall be governed by a Board to be known as the Independent Policing Oversight Board. Section 8(2)(a) control, supervise and administer the assets of the Authority in such manner as best promotes the objectives for which the Authority is established; Section 8(2)(b) determine provisions to be made for capital and recurrent expenditure of the Authority; Section 8(2)(c) receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom; Section 8(2)(d) enter into association with such other bodies or organizations within or outside Kenya as it may consider desirable or appropriate and in furtherance of the objectives for which the Authority is established; Section 8(2)(e) open a banking account for the Authority; and Section 8(2)(f) exercise any other power provided for in this Act or any other applicable legislation.

Section 9. Membership of the Board. Section 9(1)(a) a chairperson who shall be a person qualified for appointment as a Judge of the High Court of Kenya; Section 9(1)(b) criminology; Section 9(1)(b)(i) criminology; Section 9(1)(b)(ii) psychology; Section 9(1)(b)(iii) law; Section 9(1)(b)(iv) human rights and gender; Section 9(1)(b)(v) medicine, Section 9(1)(b)(vi) alternative dispute resolution; Section 9(1)(b)(vii) security matters; or Section 9(1)(b)(viii) community policing; Section 9(1)(c) the Chairperson of the Kenya National Human Rights and Equality Commission, who shall be an ex-officio member. Section 9(2) The members shall at the first meeting of the Board elect a vice-chairperson from among the members appointed under subsection (1)(b). Section 9(3) The chairperson and vice-chairperson shall be of opposite gender. Section 9(4) The Director shall be the Secretary to the Board but shall not be entitled to vote.

Section 10. Qualifications and disqualifications. Section 10(1)(a) holds a degree from a university recognized in Kenya; Section 10(1)(b) is fit and proper to serve as a member of the Board charged with upholding and protecting ethics, professionalism, accountability and lawful conduct; Section 10(1)(c) is a Kenyan citizen; Section 10(1)(d) is not disqualified from serving in accordance with the provisions of subsection (2); and Section 10(1)(e) meets the requirements of Chapter Six of the Constitution. Section 10(2)(a) has previously served as a member of the Board; Section 10(2)(b) is employed by or is associated with any person who supplies services or goods to the Authority, or whose spouse or other family member is so employed or associated; Section 10(2)(c) holds office in a political party; Section 10(2)(d) is a member of Parliament or a member of a county assembly or a Governor or Deputy Governor; Section 10(2)(e) is a serving police officer, or retired from being such an officer within the five years immediately preceding the commencement of this Act; Section 10(2)(f) has been convicted, whether in Kenya or elsewhere, of an offence involving dishonesty or of any other offe...

Section 11. Procedure for appointment of the members of the Board. Section 11(1)(a) the Office of the President; Section 11(1)(b) the Office of the Prime Minister; Section 11(1)(c) the Judicial Service Commission; Section 11(1)(d) the Commission for the time being responsible for matters relating to anti-corruption; Section 11(1)(e) the Kenya National Commission on Human Rights; and Section 11(1)(f) the Commission for the time being responsible for matters relating to gender. Section 11(2)(a) convene the first meeting of the selection panel, at which the members of the selection panel shall elect a chairperson from among their number; and Section 11(2)(b) provide the selection panel with such facilities and other support as it may require for the discharge of its functions. Section 11(3) The selection panel shall, within seven days of its convening, by advertisement in at least two daily newspapers of national circulation, invite applications from persons who qualify for nomination and appointment for the position of chairperson and members of the Board. Section 11(4)(a) consider the applications received under subsection (3) to determine their compliance with the provisions of the...

Section 12. Filling of Vacancy. Section Whenever there is a vacancy in the Board, the procedure set out under section 11 shall apply.

Section 13. Term of office. Section The appointed members of the Board shall hold office for one term of six years.

Section 14. Removal of a member of the Board. Section 14(1)(a) serious violation of the Constitution or any other law; Section 14(1)(b) gross misconduct, whether in the performance of their functions or otherwise; Section 14(1)(c) physical or mental incapacity to perform the functions of office; Section 14(1)(d) incompetence; or Section 14(1)(e) bankruptcy. Section 14(2) A person desiring the removal of the chairperson or a member on any ground specified in subsection (1) may present a petition to the Public Service Commission setting out the alleged facts constituting that ground. Section 14(3) The Public Service Commission shall consider the petition and, if at least two-thirds of the members present and voting agree that it discloses a ground for removal under subsection (1), the Commission shall recommend the removal from office of the chairperson or member, as the case may be, to the National Assembly. Section 14(4) The National Assembly shall consider the petition and, if it is satisfied that it discloses a ground for removal under subsection (1), shall forward the petition to the President. Section 14(5)(a) shall appoint a tribunal in accordance with subsection (6) to hear a...

Section 15. Oath of office. Section The Chairperson, the Members and the Director shall each make and subscribe to the oath or affirmation set out in the First Schedule before the Chief Justice.

Section 16. Conduct of business and affairs of the Board. Section The conduct and regulation of the business and affairs of the Board shall be as provided in the Second Schedule and subject thereto, the Board may regulate its own procedure.

Section 17. Remuneration of Board members. Section 17(1) There shall be paid to the appointed members of the Board such remuneration as may be advised by the Salaries and Remuneration Commission, in consultation with the Cabinet Secretary for the time being responsible for finance. Section 17(2) Spent.

Section 18. Committees of the Board. Section 18(1) The Board may, by resolution generally or in any particular case, in writing conditionally or unconditionally delegate to any Committee of the Board or any member, officer or agent of the Authority, the exercise of any of its powers or the performance of any of its functions under section 6 of this Act, but the Board may despite such delegation continue to perform the functions or exercise the powers referred to in that delegation. Section 18(2) The Board shall remain accountable for anything done under a delegation contemplated in subsection (1).

Section 19. Director of the Authority. Section 19(1) The Board shall appoint a suitably qualified person to be the Director of the Authority. Section 19(2) The Director shall be appointed through an open, transparent and competitive recruitment process, and shall serve on such terms and conditions as the Board may determine. Section 19(3)(a) is a citizen of Kenya; Section 19(3)(b) holds a degree from a university recognized in Kenya; Section 19(3)(c) has had at least ten years experience at management level; Section 19(3)(d) government; Section 19(3)(d)(i) government; Section 19(3)(d)(ii) law; Section 19(3)(d)(iii) management; Section 19(3)(d)(iv) finance; Section 19(3)(d)(v) security; or Section 19(3)(d)(vi) public administration; and Section 19(3)(e) meets the requirements of Chapter Six of the Constitution. Section 19(4) The Director shall be the chief executive office of the Authority and responsible to the Board for the day-to-day management of the affairs of the Authority. Section 19(5) The Director shall take all reasonable steps to ensure the safety and security of the staff, premises and assets of the Authority, and where required by the Board, the safety of persons provid...

Section 20. Filling of Vacancy in office of Director. Section Whenever there is a vacancy in the office of the Director, a new Director shall be appointed in accordance with section 19 .

Section 21. Removal of the Director. Section 21(1)(a) serious violation of the Constitution, this Act or any other law; Section 21(1)(b) gross misconduct; Section 21(1)(c) physical or mental incapacity which renders the Director unable to perform the functions of office; Section 21(1)(d) incompetence; or Section 21(1)(e) bankruptcy. Section 21(2) A person desiring the removal of the Director on any of the grounds specified in subsection (1) may present a petition to the Commission setting out the alleged facts constituting that ground.

Section 22. Appointment of Staff. Section 22(1) The Board shall appoint such staff as may be necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as the Public Service Commission may determine. Section 22(2) The Board shall ensure that all Board members and members of staff are adequately trained for their respective positions, and in particular that all members of staff directly involved in investigations undergo appropriate training on human rights and fundamental freedoms. Section 22(3)(a) to be interviewed; Section 22(3)(b) apparently in control of the premises which are about to be entered upon; or Section 22(3)(c) the owner or person in control of a thing or object about to be seized,

Section 23. Requirement for consultations. Section Where any appointment under this Act is required to be made with the approval of the National Assembly, such appointment shall before the first general elections under the Constitution be made by the President in consultation with the Prime Minister.

Section 24. Lodging of complaint and investigation. Section 24(1) A person wishing to lodge a complaint against the Police may do so orally or in writing or in such other appropriate format as may be prescribed in the regulations. Section 24(2) Where a complaint is made orally, the same shall be reduced into writing by the employee of the Authority with whom it is lodged, and that employee shall render all reasonable assistance to the complainant to ensure that a proper investigation of the complaint is done. Section 24(3) A complaint made under subsection (1) shall contain such particulars as the Authority may from time to time prescribe. Section 24(4)(a) call for information or reports regarding the complaint from the appropriate Government department or agency or any other body within a specified period; or Section 24(4)(b) without prejudice to paragraph (a), initiate such inquiry as it may consider necessary, having regard to the nature of the complaint and taking into account the fundamental rights and freedoms of the individuals concerned, including members of the Police, contemplated in Chapter Four of the Constitution. Section 24(5) If criminal proceedings are instituted ag...

Section 25. Deaths and serious injury in custody. Section 25(1) The Authority shall investigate any death or serious injury including death or serious injury while in Police custody, which are the result of Police action or were caused by members of the Service while on duty. Section 25(2) The Police shall upon a death or serious injury as contemplated in subsection (1) take all necessary steps to secure evidence which may be relevant for the investigation, including pictorial and written evidence, and shall in writing notify the Authority, and supply it with the evidence and all other facts relevant to the matter, including, if available, the names and contact details of all persons who may be able to assist the Authority should it decide to conduct an investigation. Section 25(3) A Police officer who contravenes subsection (2) commits an offence.

Section 26. Exclusion of certain matters. Section The Authority shall not investigate any matter which is the subject of proceedings before a court of law or judicial tribunal.

Section 27. Persons affected to be heard. Section considers it necessary to inquire into the conduct of any person; or

Section 28. Immunity of witnesses. Section No statement made by a person in the course of giving evidence before the Authority shall subject such a person to any civil or criminal proceedings except in cases where that person made that statement knowing it to be false.

Section 29. Steps after investigations. Section 29(1)(a) where the inquiry, in the Authority’s opinion, discloses a criminal act by a member of the Service, recommend the prosecution of that member to the Director of Public Prosecutions; Section 29(1)(b) where the inquiry, in the Authority’s opinion, discloses negligence in the performance of duty by a member of the Service, recommend disciplinary action be taken be taken against such member; Section 29(1)(c) where the investigation discloses any shortcomings in the processes or procedures employed by the Authority, recommend improvement or rectification thereof; Section 29(1)(d) recommend that the complainant take any other course of action suitable in the circumstances; Section 29(1)(e) assist the complainant or any other victim with action contemplated in section 7 (1)(i); or Section 29(1)(f) take any other steps it may deem fit. Section 29(2) The Authority may apply to the court for the enforcement of any of its recommendations contemplated in subsection (1). Section 29(3)(a) under investigation, has since the commencement or conclusion of an investigation, left the employment of the Police; or Section 29(3)(b) is no longer act...

Section 30. Performance Report. Section 30(1) The Authority shall submit to the Cabinet Secretary, at least once in every six months, a report of the performance of the functions of the Authority, making such recommendations as it may consider necessary, and the Cabinet Secretary shall, within fourteen days after receiving such report, cause it to be publicized and laid before the National Assembly, or if the National Assembly is not then in session, on the day that the National Assembly resumes its sittings. Section 30(2) A copy of the report referred to in subsection (1) shall forthwith be forwarded to the Inspector-General, the Commission and the County Assemblies. Section 30(3) The Authority shall publicize the report in such manner as it may consider appropriate. Section 30(4)(a) the recommendations made by the Authority during the period under review; Section 30(4)(b) the action taken by the responsible authorities in response to the Authority’s recommendations or lack thereof; Section 30(4)(c) the trends emerging in cases handled; Section 30(4)(d) matters contained in earlier reports contemplated in subsection (1) in respect of which the relevant authority has still not take...

Section 31. Offences and Penalties. Section 31(1)(a) disobeys a summons by the Authority; Section 31(1)(b) fails to produce any document, papers or thing on the order of the Authority; Section 31(1)(c) refuses to be examined before or to answer questions relating to an inquiry put to him by the Authority; Section 31(1)(d) fails to comply with any lawful order or direction of the Authority; Section 31(1)(e) presents to the Authority a false document or makes a false statement with the intent to deceive or mislead the investigating officers; Section 31(1)(f) deliberately submits false information; Section 31(1)(g) wilfully obstructs or hinders a person acting in the performance of functions or exercise of powers conferred by this Act; Section 31(1)(h) fails to co-operate with the Authority on issues of Police oversight; Section 31(1)(i) in any way interferes with the functioning or operations of the Authority, whether unduly or unlawfully; or Section 31(1)(j) contravenes any provision of this Act for which no specific penalty is provided, Section 31(2) Any person who publishes a confidential document or statement in contravention of section 23 (14) commits an offence, and shall be li...

Section 32. Funds of the Authority. Section 32(1)(a) monies allocated by Parliament for the purposes of the Authority; and Section 32(1)(b) such monies as may be lawfully granted, donated or lent to the Authority from any other source, with the approval of the Cabinet Secretary and the Cabinet Secretary for Finance. Section 32(2) Notwithstanding subsection (1), no money shall be accepted by the Authority from the National Police Service.

Section 33. Financial year. Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth June of each year.

Section 34. Annual estimates. Section 34(1) At least three months before the commencement of each financial year, the Authority shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 34(2)(a) the payment of the salaries, allowances and other charges in respect of the staff of the Authority; Section 34(2)(b) the payment of pensions, gratuities and other charges and in respect of benefits which are payable out of the funds of the Authority; Section 34(2)(c) the maintenance of the assets of the Authority; Section 34(2)(d) the funding of operations, training, research and development of activities of the Authority; Section 34(2)(e) the creation of such funds to meet future or contingent liabilities in respect of benefits, insurance or replacement of buildings or installations, equipment and in respect of such other matters as the Authority may think fit. Section 34(3) The annual estimates shall be approved by the Authority before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary has given approval, the Authority shall not increase a...

Section 35. Accounts and audit. Section 35(1) The Board shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Authority. Section 35(2)(a) a statement of the income and expenditure of the Authority during that year; and Section 35(2)(b) a statement of the assets and liabilities of the Authority on the last day of that financial year. Section 35(3) The annual accounts of the Authority shall be prepared, audited and reported upon in accordance with the provisions of Articles 226 and 229 of the Constitution and the Public Audit Act (Cap. 412B).

Section 36. Protection from personal liability. Section 36(1) In accordance with Article 236 of the Constitution, no matter or thing done by a member of the Authority or any employee or agent of the Authority shall, if the matter or thing is done in good faith for the performance and execution of the functions, powers or duties of the Authority, render the member, officer, employee or agent personally liable to any action, claim or demand. Section 36(2) Subsection (1) shall not preclude a person from bringing legal proceedings against the Inspector-General in respect of an act or omission of the kind referred to in that subsection if the person can satisfy the court that the Police officer or other person would, but for that subsection, have incurred liability for the act or omission.

Section 37. The common seal of the Authority. Section 37(1) The common seal of the Authority shall be kept in such custody as the Authority shall direct and shall not be used except on the order of the Authority. Section 37(2) The common seal of the Authority when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization of the Authority under this section shall be presumed to have been duly given.

Section 38. Annual report. Section 38(1) The Authority shall cause an annual report to be prepared for each financial year. Section 38(2) The Authority shall submit the annual report to the Cabinet Secretary within three months after the end of the year to which it relates. Section 38(3)(a) the financial statements of the Authority; Section 38(3)(b) the Authority’s opinion on the adequacy of its funding; Section 38(3)(c) a description of the activities of the Authority; Section 38(3)(d) such other statistical information as the Authority considers appropriate relating to complaints to the Authority, investigations by the Authority and reports by the Authority on the results of the investigations; Section 38(3)(e) any other information relating to its functions that the Authority considers necessary. Section 38(4) The Cabinet Secretary shall within thirty days after receiving the annual report, transmit it to the National Assembly. Section 38(5) The Authority shall cause the annual report to be published in the Gazette and in such other manner as the Authority may determine.

Section 39. Regulations. Section the mode of bringing complaints before the Authority;