National Police Service Act

Section 1. Short title Section This Act may be cited as the National Police Service ("the National Police Service established in Article 243 of the Constitution;") Act.

Section 2. Interpretation Section 2(1) In this Act unless the context otherwise provides— "administration police officer" means an officer appointed to serve as a police officer ("an Administration Police officer or a Kenya Police Officer, and includes officers of the Directorate of Criminal Investigations and reservists;") in the Administration Police Service ("the Service established under Article 243(2)(b) of the Constitution;") ; "Administration Police Service" means the Service ("the National Police Service established in Article 243 of the Constitution;") established under Article 243(2)(b) of the Constitution; "area" includes a geographical area, village, residential estate, location, ward or community of interest as may be identified by the County Policing Authority ("the County Policing Authority established under;") for the purposes of community policing ("the approach to policing that recognizes voluntary participation of the local community in the maintenance of peace and which recognizes that the police need to be responsive to the communities and their needs, its key element being joint problem identification and problem solving, while respecting the different respons...

Section 3. Object of Act Section The object of this Act is to give effect to the provisions of Articles 238, 239, 243, 247, 244 of the Constitution.

Section 4. Composition of theService Section 4(1) The National Police Service ("the National Police Service established in Article 243 of the Constitution;") shall consist of such maximum number of officers as shall be determined from time to time by the National Security Council ("the Council established by Article 240 of the Constitution;") in consultation with the Commission ("the National Police Service Commission established by Article 246 of the Constitution;") . Section 4(2) The Service ("the National Police Service established in Article 243 of the Constitution;") shall consist of the ranks set out in the First Schedule. Section 4(3) Police officers shall have seniority according to their position as set out in the First and Second Schedules. [Act No. 11 of 2014 , s. 4.]

Section 5. Gender, ethnic and regional balance Section uphold the principle that not more than two-thirds of the appointments shall be of the same gender; and

Section 6. Deployment of theService Section 6(1) The Service ("the National Police Service established in Article 243 of the Constitution;") shall be deployed in Kenya for the performance of the functions specified in the Constitution, this Act or any other law. Section 6(2) The National Security Council ("the Council established by Article 240 of the Constitution;") may, in case of an emergency, deploy the Service ("the National Police Service established in Article 243 of the Constitution;") or any part thereof in the defence of Kenya. Section 6(3) For purposes of deploying the Service ("the National Police Service established in Article 243 of the Constitution;") in case of an emergency under subsection (2), the procedure under Article 58 of the Constitution shall apply.

Section 7. Constitution of theService Section 7(1) All persons who were immediately before the commencement of this Act, officers or employees of the Kenya Police Force and the Administration Police Force, established under the Police Act (Repealed) and the Administration Police Act (Repealed) respectively, including officers working with the Criminal Investigations Department, shall upon commencement of this Act become members of the Service ("the National Police Service established in Article 243 of the Constitution;") in accordance with the Constitution and this Act. Section 7(2) Notwithstanding subsection (1), all officers shall undergo vetting by the Commission ("the National Police Service Commission established by Article 246 of the Constitution;") to assess their suitability and competence. Section 7(3) The Commission ("the National Police Service Commission established by Article 246 of the Constitution;") shall discontinue the service of any police officer ("an Administration Police officer or a Kenya Police Officer, and includes officers of the Directorate of Criminal Investigations and reservists;") who fails in the vetting referred to under subsection (2). Section 7(4)...

Section 8. Command of theService Section 8(1) The Service ("the National Police Service established in Article 243 of the Constitution;") shall be under the overall and independent command of the Inspector-General appointed in accordance with Article 245 of the Constitution and the provisions of this Act. Section 8(2) The Inspector-General may perform the functions or exercise the powers of the office in person or may delegate to an officer subordinate to him. Section 8(3)(a) shall be in writing; Section 8(3)(b) shall be subject to any conditions the Inspector-General may impose; Section 8(3)(c) shall not divest the Inspector-General of the responsibility concerning the exercise of the powers or the performance of the duty delegated, and Section 8(3)(d) may be withdrawn, and any decision made by the person so delegated may be withdrawn or amended by the Inspector-General . Section 8(4) The Inspector-General shall give direction in situations of conflict between the different mandates of the different Services and units within the Service ("the National Police Service established in Article 243 of the Constitution;") . [Act No. 11 of 2014 , s. 7.]

Section 9. Appointment ofInspector-Generaland Deputy Inspectors-General Section The Inspector-General , the Deputy Inspector-General in charge of Kenya Police Service ("the Service established under Article 243(2)(a) of the Constitution") and the Deputy Inspector-General in charge of Administration Police Service ("the Service established under Article 243(2)(b) of the Constitution;") , shall be appointed to office in accordance with Article 245 of the Constitution and sections 12 and 13 of this Act.

Section 10. Functions and powers of theInspector-General Section 10(1)(a) implement policy decisions; Section 10(1)(b) audit of police operations and functioning; Section 10(1)(c) co-ordinate all police operations; Section 10(1)(d) advise the Government on policing matters and services; Section 10(1)(e) prepare budgetary estimates and develop a policing plan before the end of each financial year, setting out the priorities and objectives of the service and the justification thereof; Section 10(1)(f) determine the establishment and maintenance of police stations, posts, outposts, units or unit bases in the county and determine the boundaries of the police stations, outposts or unit bases; Section 10(1)(g) determine the distribution and deployment of officers in the Service ("the National Police Service established in Article 243 of the Constitution;") in the rank of Superintendent and below; Section 10(1)(ga) recommend to the Commission ("the National Police Service Commission established by Article 246 of the Constitution;") and the County Policing Authorities for the distribution and deployment of officers above the rank of Superindent; Section 10(1)(h) organize the Service ("the...

Section 11. Qualification for appointment ofInspector-GeneralandDeputy Inspector-General Section 11(1)(a) is a citizen of Kenya; Section 11(1)(b) holds a degree from a university recognized in Kenya; Section 11(1)(c) has had a distinguished career in their respective fields; Section 11(1)(d) meets the requirements of Chapter Six of the Constitution; Section 11(1)(e) criminal justice; Section 11(1)(e)(i) criminal justice; Section 11(1)(e)(ii) policy development and implementation; Section 11(1)(e)(iii) finance and public administration; Section 11(1)(e)(iv) strategic management; Section 11(1)(e)(v) security; Section 11(1)(e)(vi) law; Section 11(1)(e)(vii) sociology; or Section 11(1)(e)(viii) Government. Section 11(2)(a) is a Kenyan citizen; Section 11(2)(b) holds a degree from a university recognized in Kenya or equivalent qualifications; Section 11(2)(c) has had a distinguished career in their respective fields; Section 11(2)(d) meets the requirements of Chapter Six of the Constitution; Section 11(2)(e) criminal justice; Section 11(2)(e)(i) criminal justice; Section 11(2)(e)(ii) policy development and implementation; Section 11(2)(e)(iii) finance and public administration; Section...

Section 12. Procedure for appointment of theInspector-General Section 12(1) Pursuant to Article 245(2)(a) of the Constitution, the Inspector-General of the Service ("the National Police Service established in Article 243 of the Constitution;") shall be appointed by the President with the approval of Parliament. Section 12(2) The President shall, within fourteen days after a vacancy occurs in the office of the Inspector-General , nominate a person for appointment as an Inspector-General and submit the name of the nominee to Parliament. Section 12(3) Deleted by ActNo. 19 of 2014, s. 86. Section 12(4) Deleted by ActNo. 19 of 2014, s. 86. Section 12(5) Deleted by ActNo. 19 of 2014, s. 86. Section 12(6) Deleted by ActNo. 19 of 2014, s. 86. Section 12(7)(a) consider the suitability of the nominee; Section 12(7)(b) either approve or reject the nominee for appointment; and Section 12(7)(c) the Speaker of the National Assembly shall notify the President of the decision of the Parliament. Section 12(8) If Parliament approves the nominee, the President shall, within seven days after receiving the notification to that effect, appoint the nominee as the Inspector-General . Section 12(9) If Parl...

Section 13. Appointment ofDeputy Inspector-General Section Whenever a vacancy arises in the Office of the Deputy Inspector-General the President shall on the recommendation of the Commission ("the National Police Service Commission established by Article 246 of the Constitution;") within fourteen days from the date the vacancy arises appoint a suitably qualified person to serve as Deputy Inspector-General . [Act No. 11 of 2014 , s. 12, Act No. 25 of 2015 , Sch, Act No. 11 of 2017 , Sch.]

Section 14. General provisions on recruitment ofInspector-GeneralandDeputy Inspector-General Section comply with the values and principles set out under the Constitution, and in particular, Article 10, 27 and 232 of the Constitution; and

Section 15. Removal ofInspector-General Section 15(1) The Inspector-General may be removed from office only for the grounds stipulated under Article 245(7) of the Constitution. Section 15(2) Deleted by ActNo. 19 of 2014, s. 87. Section 15(3) Deleted by ActNo. 11 of 2014, s. 13, ActNo. 19 of 2014, s. 87. Section 15(4) Deleted by ActNo. 19 of 2014, s. 87. Section 15(5) Deleted by ActNo. 19 of 2014, s. 87. Section 15(6) Deleted by ActNo. 19 of 2014, s. 87. Section 15(7) Deleted by ActNo. 19 of 2014, s. 87. Section 15(8) Deleted by ActNo. 19 of 2014, s. 87. [Act No. 11 of 2014 , s. 13, Act No. 19 of 2014 , s. 87.]

Section 16. Temporary absence of theInspector-General Section The President, on recommendation of the Commission ("the National Police Service Commission established by Article 246 of the Constitution;") , may appoint one of the Deputy Inspector-General to act as the Inspector-General for a period not exceeding three months. [Act No. 11 of 2014 , s. 14.]

Section 17. Removal ofDeputy Inspector-General Section The President may remove, retire or redepoly a Deputy Inspector-General at anytime before the Deputy Inspector-General attains the age of retirement. [Act No. 19 of 2014 , s. 89, Act No. 25 of 2015 , Sch.]

Section 18. Term of office Section 18(1) The Inspector-General shall be appointed for one term of four years but may be removed before expiry of his term subject to the provisions of Artice 245(7) of the Constitution and shall not be eligible for reappointment. Section 18(2) Deleted by ActNo. 25 of 2015, Sch. Section 18(3) Deleted by ActNo. 25 of 2015, Sch. [Act No. 11 of 2014 , s. 15, Act No. 19 of 2014 , s. 88, Act No. 25 of 2015 , Sch.]

Section 19. Oath of office Section Before taking up the office, the Inspector-General , and Deputy Inspectors-General shall each make and subscribe to the oath or affirmation set out in the Fourth Schedule before the Chief Justice.

Section 20. Vacancy and filing of vacancy Section 20(1)(a) dies; Section 20(1)(b) resigns from office by a notice in writing addressed to the President; or Section 20(1)(c) is removed from office in accordance with the Constitution or this Act. Section 20(2) Where a vacancy occurs in the office of the Inspector-General or Deputy Inspector-General , the President shall appoint a replacement in accordance with sections 12 and 13 .

Section 21. Requirement for consultation Section 21(1) There is established a Service Board which shall consist of the Inspector-General , the two Deputy Inspectors-General, the Director of Criminal Investigation Department and the head of human resource of the Service ("the National Police Service established in Article 243 of the Constitution;") — Section 21(2)(a) receive and act on reports submitted to the Service Board ; Section 21(2)(b) facilitate the co-ordination of all police operations; Section 21(2)(c) advice the Inspector -General on the day to day administration of the Service ("the National Police Service established in Article 243 of the Constitution;") ; Section 21(2)(d) advice the Inspector-General on matters relating to distribution and deployment in the Service ("the National Police Service established in Article 243 of the Constitution;") ; and Section 21(2)(e) determine the recommendation of the Service ("the National Police Service established in Article 243 of the Constitution;") on recruitment, promotions, transfers and discipline for submission to the National Police Service ("the National Police Service established in Article 243 of the Constitution;") Comm...

Section 8A. Inspector General to be responsible for matters relating to command and discipline of the service Section 8A(1) Notwithstanding the provisions of any written law, independent command of the Inspector-General in relation to the Service ("the National Police Service established in Article 243 of the Constitution;") envisioned in Article 245(2)(b) and section 8 of the Act, means that the Inspector-General shall be responsible for all matters relating to the command and discipline of the Service ("the National Police Service established in Article 243 of the Constitution;") subject to disciplinary control of the Commission ("the National Police Service Commission established by Article 246 of the Constitution;") . Section 8A(2) The Inspector-General shall exercise Command over the National Police Service ("the National Police Service established in Article 243 of the Constitution;") and lawfully administer, control and manage the National Police Service ("the National Police Service established in Article 243 of the Constitution;") as a disciplined Service ("the National Police Service established in Article 243 of the Constitution;") . Section 8A(3) The Deputy Inspector-Ge...

Section 22. Composition of theKenya Police Service Section 22(1) The Kenya Police Service ("the Service established under Article 243(2)(a) of the Constitution") shall consist of the ranks set forth in the First Schedule. Section 22(2) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to the Service;") may, on the advice of the Inspector General, by order published in the Gazette , amend the First Schedule. Section 22(3) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to the Service;") shall not amend the ranks of the Inspector-General or the Deputy Inspector-General . [Act No. 11 of 2014 , s. 17.]

Section 23. Functions of theDeputy Inspector-Generalof theKenya Police Service Section be responsible for the effective and efficient day-to-day administration and operations of the Kenya Police Service ("the Service established under Article 243(2)(a) of the Constitution") ;

Section 24. Functions of theKenya Police Service Section provision of assistance to the public when in need;

Section 25. Composition of theAdministration Police Service Section 25(1) The Administration Police Service ("the Service established under Article 243(2)(b) of the Constitution;") shall consist of the ranks set out in the First Schedule. Section 25(2) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to the Service;") may, on the advice of the Commission ("the National Police Service Commission established by Article 246 of the Constitution;") , from time to time, by Order published in the Gazette , amend the Schedule. [Act No. 11 of 2014 , s. 19.]

Section 26. Functions of theDeputy Inspector-General, Administration Police Section be responsible for the effective and efficient day-to-day administration and operations of the Administration Police Service ("the Service established under Article 243(2)(b) of the Constitution;") ;

Section 27. Functions of theAdministration Police Service Section provision of assistance to the public when in need;

Section 82. Representation of police officers Section Police officers may form Service ("the National Police Service established in Article 243 of the Constitution;") welfare associations, and such associations shall be recognized by the Inspector-General , the Commission ("the National Police Service Commission established by Article 246 of the Constitution;") and the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to the Service;") as appropriate associations for consultation in respect of any matter specified in section 83 and any other matter concerning police officers. [Act No. 11 of 2014 , s. 34.]

Section 83. Functions of police associations Section bringing to the notice of the Inspector-General , the Commission ("the National Police Service Commission established by Article 246 of the Constitution;") and the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to the Service;") any the matters affecting the general welfare and efficiency of the Police;

Section 84. Recognized associations to make rules Section 84(1) Every recognized police association shall make rules providing for the administration of the association and for carrying out the objects of the association. Section 84(2) The rules made under subsection (1) shall contain provisions in respect of matters prescribed in the Seventh Schedule. Section 84(3) A copy or the rules and any amendment thereto shall be issued to each officer who is a member of the association on demand and on payment of the prescribed fee. Section 84(4) Subject to the Societies Act (Cap. 108) the rules of an association, including any amendments, shall be filed with the Registrar-General and shall unless a future date is specified therein, have effect from the date or filing.

Section 85. Registration requirements Section draw its membership from the Service ("the National Police Service established in Article 243 of the Constitution;") ;

Section 86. Association to be independent of trade union Section operate and be administered in accordance with the provisions of this Act;

Section 28. Establishment of theDirectorateof Criminal Investigations Department Section There is established the Directorate ("Directorate of Criminal Investigations established under;") of Criminal Investigations which shall be under the direction, command and control of the Inspector-General .

Section 29. Qualifications of the Director of Criminal Investigations Section 29(1) There shall be a Director of Criminal Investigations who shall be appointed in accordance with section 30 . Section 29(2) Deleted by ActNo. 19 of 2014, s. 90. Section 29(3) Deleted by ActNo. 19 of 2014, s. 90. Section 29(4) The Commission ("the National Police Service Commission established by Article 246 of the Constitution;") shall appoint the Director on such terms and conditions as the Commission ("the National Police Service Commission established by Article 246 of the Constitution;") may determine. Section 29(5)(a) is a citizen of Kenya; Section 29(5)(b) holds a degree from a University recognized in Kenya; Section 29(5)(c) has had at least ten years' proven experience at management level of a public institution; Section 29(5)(d) has had a distinguished career in his field; Section 29(5)(e) has knowledge and experience in criminal investigations or policing; Section 29(5)(f) management; Section 29(5)(f)(i) management; Section 29(5)(f)(ii) law; Section 29(5)(f)(iii) economics; Section 29(5)(f)(iv) change management; Section 29(5)(f)(v) finance; Section 29(5)(f)(vi) governance; or Section 29(5)(...

Section 30. Appointment of Director of Criminal Investigation Section Whenever a vacancy arises in the office of the Director of Criminal Investigations the President shall on the recommendation of the Commission ("the National Police Service Commission established by Article 246 of the Constitution;") within fourteen days from the date the vacancy arises, appoint a suitably qualified person to serve as Director of Criminal Investigations. [Act No. 11 of 2014 , s. 22, Act No. 25 of 2015 , Sch.]

Section 31. Removal of the Director of Criminal Investigation Section The President may at any time remove, retire or redepoly a Director of Criminal Investigations at any time before the Director of Criminal Investigations attains the age of retirement. [Act No. 11 of 2014 , s. 23, Act No. 25 of 2015 , Sch.]

Section 32. Vacancy and filling of vacancy Section 32(1)(a) dies; Section 32(1)(b) resigns from office by a notice in writing addressed to the President; or Section 32(1)(c) is removed from office in accordance with the Constitution or this Act. Section 32(2) Where a vacancy occurs in that office of the Director of Criminal Investigations the President shall appoint a replacement in accordance with section 30 .

Section 33. Staff of theDirectorate Section The Directorate ("Directorate of Criminal Investigations established under;") shall have such number of officers drawn from the Service ("the National Police Service established in Article 243 of the Constitution;") as may be assigned from time to time by the Commission ("the National Police Service Commission established by Article 246 of the Constitution;") on the recommendation of the Directorate ("Directorate of Criminal Investigations established under;") . [Act No. 25 of 2015 , Sch.]

Section 34. Functions of the Director Section be responsible for the effective and efficient administration and operations of the Directorate ("Directorate of Criminal Investigations established under;") ;

Section 35. Functions of theDirectorate Section collect and provide criminal intelligence;

Section 36. Funds of theDirectorate Section 36(1)(a) monies provided by Parliament for purposes of the Directorate ("Directorate of Criminal Investigations established under;") ; Section 36(1)(b) such monies or assets as may accrue to the National Police Service ("the National Police Service established in Article 243 of the Constitution;") Directorate ("Directorate of Criminal Investigations established under;") in the performance of its functions or the exercise of its powers under this Act or any other written law, and Section 36(1)(c) all monies from any other source provided or donated to the Directorate ("Directorate of Criminal Investigations established under;") . Section 36(2) Notwithstanding subsection (1), any funds donated or lent, or any gift made to the Directorate ("Directorate of Criminal Investigations established under;") shall be made public.

Section 37. Financial Year Section the period beginning on the day on which this Act comes into operation and ending on the thirtieth of June next following; and

Section 38. Annual estimates Section 38(1) At least three months before the commencement of each financial year, the Director of Criminal Investigations shall cause to be prepared estimates of the revenue and expenditure of the Directorate ("Directorate of Criminal Investigations established under;") for that year. Section 38(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Directorate ("Directorate of Criminal Investigations established under;") ; Section 38(2)(b) the payment of pensions, gratuities and other charges and in respect of benefits which are payable out of the funds of the Directorate ("Directorate of Criminal Investigations established under;") ; Section 38(2)(c) the maintenance of the assets of the Directorate ("Directorate of Criminal Investigations established under;") ; Section 38(2)(d) the funding of operations, training, research and development of the activities of the Directorate ("Directorate of Criminal Investigations established under;") ; Section 38(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...

Section 39. Accounts and audit Section 39(1) The Directorate ("Directorate of Criminal Investigations established under;") shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Directorate ("Directorate of Criminal Investigations established under;") . Section 39(2)(a) a statement of the income and expenditure of the Directorate ("Directorate of Criminal Investigations established under;") during that year, and Section 39(2)(b) a statement of the assets and liabilities of the Directorate ("Directorate of Criminal Investigations established under;") on the last day of the financial year. Section 39(3) The annual accounts of the Directorate ("Directorate of Criminal Investigations established under;") shall be prepared, audited and reported upon in accordance with Articles 226 and 229 of the Constitution and the Public Audit Act (Cap. 412B).

Section 40. Designation of police stations Section 40(1) The Inspector-General may, by a notice in the Gazette designate police stations. Section 40(2) In designating police stations under subsection (1), the Inspector-General shall ensure that such police stations are equitably distributed throughout each County. Section 40(3) The police stations under subsection (1) shall be the unit for police service delivery. Section 40(4)(a) be the centre for the administrative and command functions of all police services under the Service ("the National Police Service established in Article 243 of the Constitution;") in one station; and Section 40(4)(b) provide room for operational creativity to the police officers from all the services under the Service ("the National Police Service established in Article 243 of the Constitution;") . Section 40(5) The Inspector General shall ensure the development of procedures which facilitate uniform keeping of records at all police stations. Section 40(6) Each police station ("a place designated by the Inspector-General, as a police station under;") shall register the victims of crime and violence within their areas of jurisdiction and establish support...

Section 41. County PolicingAuthority Section 41(1)(a) the Governor who shall be the chairperson; Section 41(1)(b) a representative of the National Intelligence Service ("the National Police Service established in Article 243 of the Constitution;") ; Section 41(1)(c) county representatives appointed by the Inspector-General , who shall comprise the heads of the National Police Service ("the National Police Service established in Article 243 of the Constitution;") , and the Directorate ("Directorate of Criminal Investigations established under;") of Criminal Investigations at the county level; Section 41(1)(d) two elected members nominated by the County Assembly; Section 41(1)(e) the chairperson of the County Security Committee; Section 41(1)(f) the business sector; Section 41(1)(f)(i) the business sector; Section 41(1)(f)(ii) community based organizations; Section 41(1)(f)(iii) women; Section 41(1)(f)(iv) persons with special needs; Section 41(1)(f)(v) religious organizations; and Section 41(1)(f)(vi) the youth. Section 41(1A) The Governor may authorise the Deputy Governor to chair the meetings of the County Policing Authority ("the County Policing Authority established under;") in...

Section 42. Meetings of the Authorities Section 42(1) Every County Policing Authority ("the County Policing Authority established under;") shall meet at least once every three months at a time and venue to be determined by the Chairperson. Section 42(2) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to the Service;") shall issue policy guidelines on the conduct of business of the Authority ("the County Policing Authority established under;") . Section 42(3) The quorum of the Authority ("the County Policing Authority established under;") shall be fifty percent of the total members. [Act No. 11 of 2014 , s. 26]

Section 43. Payments of allowances Section Members of the Authority ("the County Policing Authority established under;") shall be paid such allowances as may be determined from time to time by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to the Service;") on the advice of the Salaries and Remuneration Commission ("the National Police Service Commission established by Article 246 of the Constitution;") in accordance with rules published in the Gazette .

Section 44. Funds for County Policing Authorities Section The expenses of the County Policing Authorities shall be met by the Service ("the National Police Service established in Article 243 of the Constitution;") .