National Police Service Commission Act

Section 1. Short title Section This Act may be cited as the National Police Service Commission Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Association of Professional Societies of East Africa" means the association of that name registered under the Societies Act ( Cap. 108 ); "chairperson" means the chairperson of the Commission appointed under the Constitution and section 6 of this Act; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to policing; "Commission" means the National Police Service Commission established under Article 246 of the Constitution; "Deputy Inspectors-General" means the Deputy Inspectors-General appointed in accordance with Article 245 of the Constitution; "disciplinary action" means imposition of any punishment against a member of staff of the Service on account of breach of any code of conduct; "member" means a member of the Commission appointed in accordance with section 6 ; "Secretary" means the Secretary appointed under section 15 ; "Service" means the National Police Service established under Article 243 of the Constitution; "Police officer" has the same meaning assigned to it in the National Police Service Act; "Inspector-General" means the Inspector-Ge...

Section 3. Further powers of the Commission Section 3(1)(a) acquire, hold, charge and dispose movable and immovable property; and Section 3(1)(b) do or perform all such other things or acts for the proper discharge of its functions under the Constitution, this Act or any written law, as may lawfully be done or performed by a body corporate. Section 3(2) The headquarters of the Commission shall be in Nairobi, but the Commission may establish branches at any place in Kenya.

Section 4. Membership of the Commission Section 4(1) The Commission shall consist of nine members appointed in accordance with the Constitution and the provisions of this Act. Section 4(2) The chairperson and the members of the Commission shall serve on a full-time basis. [Act No. 3 of 2014 , s. 2]

Section 5. Qualification for appointment of chairperson and members Section 5(1)(a) is a citizen of Kenya; Section 5(1)(b) holds a degree from a university recognized in Kenya; Section 5(1)(c) meets the requirements of Chapter Six of the Constitution, and Section 5(1)(d) is not, and has not previously been a member of the National Police Service. Section 5(2) For purposes of Article 246(2)(a)(ii) of the Constitution, the President shall appoint two retired senior police officers, one each from the Kenya Police Service and the Administration Police Service, and who shall be of opposite gender. Section 5(3) A person shall not be qualified for appointment under subsection (2) unless the person held the rank of senior superintendent of police or above. Section 5(4)(a) holds a degree from a university recognized in Kenya; Section 5(4)(b) finance and administration; Section 5(4)(b)(i) finance and administration; Section 5(4)(b)(ii) economics; Section 5(4)(b)(iii) human resources development and management; Section 5(4)(b)(iv) public administration; Section 5(4)(b)(v) labour laws; Section 5(4)(b)(vi) economics; Section 5(4)(b)(vii) law; Section 5(4)(b)(viii) human rights; Section 5(4)(b)(...

Section 6. Appointment of the chairperson and members Section 6(1)(a) the Office of the President; Section 6(1)(b) the Office of the Prime Minister; Section 6(1)(c) the Judicial Service Commission; Section 6(1)(d) the Commission for the time being responsible for matters relating to anti-corruption; Section 6(1)(e) the Kenya National Commission on Human Rights; Section 6(1)(f) the Commission for the time being responsible for matters relating to gender; and Section 6(1)(g) the Association of Professional Societies in East Africa. Section 6(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 6(2)(b) provide the selection panel with such facilities and other support as it may require for the discharge of its functions. Section 6(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 the chairperson and members of the Commission under Article 246(2) (a) of the Constitution and this Act. Section 6(...

Section 7. Oath of office Section 7(1) The Chairperson, the members and the Secretary shall each make and subscribe to the oath or affirmation set out in the First Schedule before the Chief Justice. Section 7(2) The members of the Commission shall at their first meeting elect a vice-chairperson from among the members referred to in section 5 (4).

Section 8. Vacancy Section dies;

Section 9. Filling of a vacancy Section 9(1) Where a vacancy occurs in the membership of the Commission, the President shall appoint a replacement in accordance with section 6 . Section 9(2) A member appointed under subsection (1) shall serve the Commission for a term of six years.

Section 10. Functions of the Commission Section 10(1)(a) on the recommendation of the Inspector-General develop and keep under review all matters relating to human resources policies of members of the Service; Section 10(1)(b) with the advice of the Salaries and Remuneration Commission, determine the appropriate remuneration and benefits for the Service and staff of the Commission; Section 10(1)(c) approve applications for engagement by police officers in trade and other businesses, in accordance with the law relating to matters of leadership and integrity under Article 80 of the Constitution; Section 10(1)(d) co-operate with other State agencies, departments or commissions on any matter that the Commission considers necessary; Section 10(1)(e) provide for the terms and conditions of service and the procedure for recruitment and disciplinary measures for civilian members of the Service; Section 10(1)(f) develop fair and clear disciplinary procedures in accordance with Article 47 of the Constitution; Section 10(1)(g) the Commission shall not undertake investigations on criminal matters; Section 10(1)(g)(i) the Commission shall not undertake investigations on criminal matters; Sectio...

Section 11. Powers of the Commission Section 11(1)(a) gather, by any means it considers appropriate, any information and compel the production of such information as and when necessary; Section 11(1)(b) interview persons for purposes of filling vacancies in the Service taking into consideration gender, county and ethnic balancing; Section 11(1)(c) manage and safeguard the assets of the Commission; Section 11(1)(d) hold disciplinary hearing proceedings for the purposes of performing its functions under this Act on matters relating to its mandate as provided for under Article 246(3) of the Constitution; Section 11(1)(e) require the Inspector-General to report on the implementation of the policies and procedures within the mandate on the Commission; Section 11(1)(f) conduct investigations on any matters within its mandate; Section 11(1)(g) make recommendations to the Government on any matter relating to the Service and report on the action taken by the Government on the recommendation; Section 11(1)(h) conduct public inquiries on matters relating to its mandate as provided for under Article 246(3) of the Constitution and publish the outcome of such inquiries; Section 11(1)(i) issue su...

Section 12. Standard of service Section strive for the highest standards of professionalism and discipline among the members of the Service;

Section 13. Committees of the Commission Section 13(1) The Commission may establish committees for the better carrying out of its functions. Section 13(2) The Commission may co-opt into the membership of committees established under subsection (1) other persons whose knowledge and skills are found necessary for the functions of the Commission. Section 13(3) Any person co-opted into the Commission under subsection (2) may attend the meetings of the Commission and participate in its deliberation, but shall have no power to vote.

Section 14. Procedures of the Commission Section 14(1) The business and affairs of the Commission shall be conducted in accordance with the Second Schedule Section 14(2) Except as provided in the Second Schedule, the Commission may regulate its own procedure.

Section 15. Appointment of Secretary Section 15(1) The Commission shall, through an open, transparent and competitive recruitment process, appoint a suitably qualified person to be the Secretary to the Commission and to serve on such terms and conditions as the Commission may determine. Section 15(2)(a) is a citizen of Kenya; Section 15(2)(b) holds a postgraduate degree from a University recognized in Kenya; Section 15(2)(c) has had at least ten years' proven experience at management level; Section 15(2)(d) management; Section 15(2)(d)(i) management; Section 15(2)(d)(ii) law; Section 15(2)(d)(iii) economics; Section 15(2)(d)(iv) change management; Section 15(2)(d)(v) finance; Section 15(2)(d)(vi) governance; or Section 15(2)(d)(vii) public administration; and Section 15(2)(e) meets the requirements of Chapter Six of the Constitution. Section 15(3) The Secretary shall be a State officer for the purposes of Article 260 of the Constitution. Section 15(4) Before assuming office, the Secretary shall take and subscribe to the oath of office prescribed under the First Schedule. Section 15(5) The Secretary shall hold office for a term of five years and shall be eligible for re-appointment...

Section 16. Removal of Secretary Section 16(1)(a) inability to perform the functions of the office arising out of physical or mental incapacity; Section 16(1)(b) gross misconduct or misbehavior; Section 16(1)(c) incompetence; or Section 16(1)(d) violation of the Constitution. Section 16(2)(a) informed in writing of the reasons for the intended removal; Section 16(2)(b) given an opportunity to put in a defence against any such allegations either in person or through an advocate.

Section 17. Appointment of Staff Section 17(1) The Commission may appoint such officers and staff as may be necessary for the proper discharge of its functions under this Act, upon such terms and conditions of service as it may determine, taking into account gender, county and ethnic balancing. Section 17(2) The Public Service Commission may, upon request by the Commission, second to the Commission such number of public officers as may be necessary for the purposes of the Commission. Section 17(3) A public officer seconded to the Commission shall, during the period of secondment, be deemed to be an officer of the Commission and shall be subject only to the direction and control of the Commission.

Section 18. Funds of the Commission Section 18(1)(a) monies appropriated by Parliament for the purposes of the Commission; Section 18(1)(b) such monies or assets as may accrue to the Commission in the course of the exercise of its powers or the performance of its functions under this Act; and Section 18(1)(c) all monies from any other source provided or donated or lent to the Commission. Section 18(2) Any funds donated or lent to, or gift made to the Commission shall be disclosed and made public.

Section 19. Financial year Section The financial year of the Commission shall be the period of twelve months commencing on the first of July and ending on the thirtieth of June of the subsequent year.

Section 20. Annual estimates Section 20(1) Before the commencement of each financial year, the Commission shall cause to be prepared estimates of the revenue and expenditure of the Commission for that year. Section 20(2)(a) payment of remuneration in respect of the members and staff of the Commission; Section 20(2)(b) payment of pensions, gratuities and other charges in respect of benefits which are payable out of the funds of the Commission; Section 20(2)(c) maintenance of the buildings and grounds of the Commission; Section 20(2)(d) funding of training, research and development activities of the Commission; and Section 20(2)(e) creation of such funds to meet future or contingent liabilities in respect of benefits, insurance or replacement of buildings or installations, equipthent and in respect of such other matters as the Commission may think fit. Section 20(3) The annual estimates shall be approved by the Commission before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for tabling in Parliament.

Section 21. Accounts and audit Section 21(1) The Commission shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission. Section 21(2) The annual accounts of the Commission shall be prepared, audited and reported upon in accordance with the Public Audit Act (Cap. 412B).

Section 22. The common seal of the Commission Section 22(1) The common seal of the Commission shall be kept in such custody as the Commission shall direct and shall not be used except on the order of the Commission. Section 22(2) The common seal of the Commission when affixed to a document and duly authenticated shall be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the Commission under this section shall be presumed to have been duly given.

Section 23. Protection from personal Liability Section No matter or thing done by the chairperson, a member of the Commission or any officer, employee or agent of the Commission shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the Commission, render the member, officer, employee or agent personally liable to any action, claim or demand whatsoever.

Section 24. Privileged communication Section 24(1) The chairperson, a member of the Commission or any officer, employee or agent of the Commission or any person retained by the Commission in an advisory capacity, shall not be competent or compellable to appear as a witness in any legal proceedings in respect of any information obtained in the discharge of any function of the Commission. Section 24(2) A person shall not, in any proceedings, be permitted or compelled to produce or disclose any communication, written or oral, which has taken place in the Commission, or between the Commission and any member of the Commission or staff of the Commission or between the members of the Commission and staff of the Commission, in the performance of the functions or exercise of the powers of the Commission under the Constitution, this Act or any Written law.

Section 25. Penalty for giving false information to the Commission Section in connection with an application, by himself or herself for employment, nomination or recommendation for appointment, confirmation in appointment, promotion, deployment or transfer in the Service; or

Section 26. Annual report Section 26(1) The Commission shall cause an annual report to be prepared for each financial year. Section 26(2) The Commission shall submit the annual report to the President and the National Assembly three months after the end of the year to which it relates. Section 26(3)(a) the financial statements of the Commission; Section 26(3)(b) a description of the activities of the Commission; Section 26(3)(c) such other statistical information as the Commission may consider appropriate relating to the Commission's functions; Section 26(3)(d) any recommendations made to the Inspector-General, State department or any person and the action taken; Section 26(3)(e) the impact of the exercise of any of its mandate or function; Section 26(3)(f) the progress and the welfare of the members of the Service, including matters relating to housing, insurance, safety, equipments and the conditions of service; Section 26(3)(g) any impediments to the achievements of the objects and functions under the Constitution, this Act or any written law; Section 26(3)(h) the evaluation of the administration of the National Police Service; Section 26(3)(i) the gender, county regional and et...

Section 27. Offences Section 27(1)(a) obstruct, hinder, or threaten a member or staff of the Commission acting under this Act; Section 27(1)(b) submit false or misleading information to the Commission, or Section 27(1)(c) knowingly misrepresent anything to mislead, a person acting under the Authority of the Commission under this Act. Section 27(2) A person who contravenes subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or to both.

Section 28. Regulations Section appointments, confirmation of appointments, promotions and termination of appointments;

Section 29. Code of conduct Section The Commission shall, within one year of its establishment develop a code of conduct for its members of staff.

Section 30. Transitional Section Before the first general elections after the promulgation of the Constitution, the appointments of the chairperson and members of the Commission shall be made in consultation with the Prime Minister.