Police Use of Force Rules in Kenya

Police may use force if it is necessary to protect law and order – that is a truism. But like almost everywhere in the world, Kenyan police are bound by some rather strict laws about when and how to use force.

The law says, in short:
1. Non-violent means shall always be used as long as they are effective.
2. All non-violent means may only be used to necessary extent and have to be proportional to the objective to the achieved.
3. Firearms … Continue reading “Police Use of Force Rules in Kenya”

The Right to assemble and demonstrate – Kenyan Law and Reality

Every Kenyan has the right to peacefully assemble with others to express their will and feelings. They can do it everywhere, except in some areas that were gazetted as protected areas. Those who wish to assemble must notify the police three days ahead to allow the police to make arrangements and plan for the protection of the right to demonstrate (Sec. 5, Subsec. 2 of the Public Order Act, see below). To make it clear: Police is not meant to restrict the right to demonstrate but to provide security to the demonstrators. Continue reading “The Right to assemble and demonstrate – Kenyan Law and Reality”

Peaceful Means first. Rules for Police Force and Firearm Use

Police may use force if it is necessary to protect law and order – that is a truism. But like almost everywhere in the world, Kenyan police are bound by some rather strict laws about when and how to use force. The law says, in short:
1. Non-violent means shall always be used as long as they are effective.
2. All non-violent means may only be used to an extent and have to be proportional to the objective that is to be achieved.
3. Firearms … Continue reading “Peaceful Means first. Rules for Police Force and Firearm Use”

National Police Service Act

The National Police Service Act, as downloaded from kenyalaw.org on August 13, 2017

Arrangement of Sections
PART I – PRELIMINARY
1.
Short title

This Act may be cited as the National Police Service Act.

2.
Interpretation
(1)

In this Act unless the context otherwise provides—

“administration police officer” means an officer appointed to serve as a police officer in the Administration Police Service;
“Administration Police Service” means the Service 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 for the purposes of community policing;
“arms” includes any means to use force and includes firearms;
“arrest” means the act of apprehending a person for suspected commission of an offence or by the action of legal authority;
“Authority” means the County Policing Authority established under section 41;
“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to the Service;
“Commission” means the National Police Service Commission established by Article 246 of the Constitution;
“community policing committee” means a committee elected by a community policing forum in accordance with section 98(4) for the purposes of co-ordinating, leading and representing the forum;
“community policing” means 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 responsibilities the police and the public have in the field of crime prevention and maintaining order;
“cruel, inhuman and degrading treatment or punishment” means a deliberate and aggravated treatment or punishment not amounting to torture, inflicted by a person in authority or the agent of the person in authority against a person under his custody, causing suffering, gross humiliation or debasement to the person;
“Deputy Inspector-General” means the Deputy Inspector-General appointed in accordance with Article 245(3) of the Constitution;
“Directorate” means Directorate of Criminal Investigations established under section 28;
“firearms” has the same meaning as defined under the Firearms Act;
“Gazetted officer” means a police officer holding the rank of a Inspector and above;
“Inspector-General” means the holder of the office of the Inspector-General appointed in accordance with Article 245 (2)(a) of the Constitution and this Act;
“Kenya police officer” means an officer appointed to serve as a police officer in the Kenya Police Service;
“Kenya Police Service” means the Service established under Article 243 (2)(a) of the Constitution;
“member of the Service” includes civilian members of staff of the Service.
“National Security Council” means the Council established under the National Security Council Act;
“police officer” means an Administration Police officer or a Kenya Police Officer, and includes officers of the Directorate of Criminal Investigations and reservists;
“police premises” means any location where police hold office or from where they carry out their duties, including police stations, posts and camps;
“police station” means a place designated by the Inspector-General, as a police station under section 40;
“Reserve” means the National Police Reserve referred to in section 110;
“Service” means the National Police Service established in article 243 of the Constitution;
“Service Board” means the Service Board established under section 21;
“torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes of—
(i) obtaining information or a confession from the person or from a third person;
(ii) punishing the person for an act which that person or a third person has committed or is suspected of having committed;
(iii) intimidating or coercing the person or a third person; or
(iv) for any reason based on discrimination of any kind,

when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity:

Provided that torture does not include any pain or suffering arising from, inherent in or incidental to lawful sanctions.

(2)

Despite subsection (1), until after the first general elections under the Constitution, references in this Act to the expression “Cabinet Secretary” shall be construed to mean “Minister”.

[Act No. 11 of 2014, s. 3.]
3.
Object of Act

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

PART II – COMPOSITION, FUNCTIONS AND POWERS OF THE SERVICE
4.
Composition of the Service
(1)

The National Police Service shall consist of such maximum number of officers as shall be determined from time to time by the National Security Council in consultation with the Commission.

(2)

The Service shall consist of the ranks set out in the First Schedule.

(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.]
5.
Gender, ethnic and regional balance

The Service shall—

(a)

uphold the principle that not more than two-thirds of the appointments shall be of the same gender; and

(b)

reflect the regional and ethnic diversity of the people of Kenya.

[Act No. 11 of 2014, s. 5.]
6.
Deployment of the Service
(1)

The Service shall be deployed in Kenya for the performance of the functions specified in the Constitution, this Act or any other law.

(2)

The National Security Council may, in case of an emergency, deploy the Service or any part thereof in the defence of Kenya.

(3)

For purposes of deploying the Service in case of an emergency under subsection (2), the procedure under Article 58 of the Constitution shall apply.

7.
Members of the Service
(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 (Cap. 84) and the Administration Police Act (Cap. 85) respectively, including officers working with the Criminal Investigations Department, shall upon commencement of this Act become members of the Service in accordance with the Constitution and this Act.

(2)

Notwithstanding subsection (1), all officers shall undergo vetting by the Commission to assess their suitability and competence.

(3)

The Commission shall discontinue the service of any police officer who fails in the vetting referred to under subsection (2).

(4)

The Commission shall, in consultation with the Cabinet Secretary, develop criteria and Regulations to guide the exercise of vetting of officers under subsection (1).

[Act No. 11 of 2014, s. 6.]
8.
Command of the Service
(1)

The Service 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.

(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.

(3)

A delegation under this Act—

(a)

shall be in writing;

(b)

shall be subject to any conditions the Inspector-General may impose;

(c)

shall not divest the Inspector-General of the responsibility concerning the exercise of the powers or the performance of the duty delegated, and

(d)

may be withdrawn, and any decision made by the person so delegated may be withdrawn or amended by the Inspector-General.

(4)

The Inspector-General shall give direction in situations of conflict between the different mandates of the different Services and units within the Service.

[Act No. 11 of 2014, s. 7.]
8A.
Inspector General to be responsible for matters relating
to command and discipline of the service
(1)

Notwithstanding the provisions of any written law, independent command of the Inspector-General in relation to the Service 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 subject to disciplinary control of the Commission.

(2)

The Inspector-General shall exercise Command over the National Police Service and lawfully administer, control and manage the National Police Service as a disciplined Service.

(3)

The Deputy Inspector-General’s of Kenya Police and Administration Police under the direction of the Inspector-General shall command, control and administer the service for which he or she is responsible.

(4)

The Inspector-General shall execute command by issuing lawful orders, directives or instructions to and through the Deputy Inspectors General.

(5)

The Cabinet Secretary may lawfully give a direction in writing to the Inspector- General with respect to any matter of policy for the National Police Service.

[Act No. 11 of 2014, s. 8.]
9.
Appointment of the Inspector-General and the Deputy Inspectors-Generals

The Inspector-General, the Deputy Inspector-General in charge of Kenya Police Service and the Deputy Inspector-General in charge of Administration Police Service, shall be appointed to office in accordance with Article 245 of the Constitution and sections 12 and 13 of this Act.

10.
Functions and powers of the Inspector-General
(1)

The functions of the Inspector-General shall be to—

(a)

implement policy decisions;

(b)

audit of police operations and functioning;

(c)

co-ordinate all police operations;

(d)

advise the Government on policing matters and services;

(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;

(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;

(g)

determine the distribution and deployment of officers in the Service in the rank of Superintendent and below;

(ga)

recommend to the Commission and the County Policing Authorities for the distribution and deployment of officers above the rank of Superintendent;

(h)

organize the Service at national level into various formations, units or components;

(i)

recommend the establishment of, manage and maintain training institutions, centers or places for the training of officers joining the service and other officers;

(j)

commission research and benchmark against best practices;

(k)

issue guidelines on community policing and ensure co-operation between the Service and the communities it serves in combating crime;

(l)

provide the command structure and system of the Service taking into consideration the recommendation of the Service Board for the efficient administration of the Service nationally;

(m)

subject to the Constitution and this Act. or any written law, co-operate with and implement the decisions of the Independent Policing Oversight Authority including compensation to victims of police misconduct;

(n)

designate any police station, post, outpost, unit or unit base as a place of custody;

(na)

designate from among the county commanders in each county the most Senior Officer from either the Kenya Police Service or the Administration Police Service, who shall coordinate in consultation with the two Deputy Inspector-Generals, the operational command and control of the county, and the officer so designated shall, with respect to coordination, execute operational command and control in a manner that respects the command structure set out in Article 245(3) of the Constitution;

(o)

promote co-operation with international police agencies;

(p)

establish and devolve the services of the Internal Affairs Units that are able and equipped to conduct investigations into police misconduct in a fair and effective manner and report directly to the Inspector-General;

(q)

monitor the implementation of policy, operations and directions of the Service;

(r)

issue and document Service Standing Orders;

(s)

cooperate with other public or private bodies to provide reliable police statistics on crime rates, detection rate, public confidence in the police, number of complaints against the police, as well as personnel statistics;

(t)

act on the recommendations of the Independent Policing Oversight Authority, including compensation to victims of police misconduct; and

(u)

perform any other lawful act on behalf of the Service.

(2)

The Service Standing Orders issued under subsection (1) shall—

(a)

be administrative orders;

(b)

be for the general control, administration, good order, direction and information of the Service; and

(c)

not be inconsistent with the Constitution, this Act or any written law.

(3)

The Service Standing Orders shall be made available to each serving police officer on enlistment and wherever possible, be accessible to the public.

(4)

In the performance of functions set out under the Constitution, this Act or any other law, the Inspector-General shall—

(a)

have all the necessary powers for the performance of such functions; and

(b)

uphold he national values, principles and objects set out in Articles 10, 232 and 244 of the Constitution.

[Act No. 11 of 2014, s. 9, Act No. 19 of 2014, s. 85, Act No. 25 of 2015, Sch.]
11.
Qualifications for appointment of Inspector-General and Deputy
Inspector-General
(1)

A person shall be qualified for appointment as Inspector-General if such person—

(a)

is a citizen of Kenya;

(b)

holds a degree from a university recognized in Kenya;

(c)

has had a distinguished career in their respective fields;

(d)

meets the requirements of Chapter Six of the Constitution;

(e)

has served in a senior management position for at least fifteen years and has knowledge and experience in matters relating to any of the following disciplines—

(i) criminal justice;
(ii) policy development and implementation;
(iii) finance and public administration;
(iv) strategic management;
(v) security;
(vi) law;
(vii) sociology; or
(viii) Government.
(2)

A person is qualified for appointment as Deputy Inspector-General if the person—

(a)

is a Kenyan citizen;

(b)

holds a degree from a university recognized in Kenya or equivalent qualifications;

(c)

has had a distinguished career in their respective fields;

(d)

meets the requirements of Chapter Six of the Constitution;

(e)

has served the Police Service for at least fifteen years and has knowledge and experience in matters relating to any of the following disciplines—

(i) criminal justice;
(ii) policy development and implementation;
(iii) finance and public administration;
(iv) strategic management;
(v) security;
(vi) law;
(vii) sociology; or
(viii) Government;
(f)

is a serving police officer of or above the rank of Assistant Inspector-General of Police;

(3)

No person shall be qualified for appointment as Inspector-General or Deputy Inspector-General if the person—

(a)

is a member of Parliament or a county assembly, a Governor or Deputy Governor;

(b)

has served as a member of Parliament, county assembly, trade union or an office in a political party in Kenya in the preceding five years;

(c)

has previously been convicted of any criminal offence;

(d)

has violated the Constitution; or

(e)

is an undischarged bankrupt.

[Act No. 11 of 2014, s. 10.]
12.
Procedure for appointment of the Inspector-General
(1)

Pursuant to Article 245 (2)(a) of the Constitution, the Inspector-General of the Service shall be appointed by the President with the approval of Parliament.

(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.

(3)

Deleted by Act No. 19 of 2014, s. 86 (b).

(4)

Deleted by Act No. 19 of 2014, s. 86 (b).

(5)

Deleted by Act No. 19 of 2014, s. 86 (b).

(6)

Deleted by Act No. 19 of 2014, s. 86 (b).

(7)

Parliament shall, within fourteen days after it first meets after receiving the names of the nominee—

(a)

consider the suitability of the nominee;

(b)

either approve or reject the nominee for appointment; and

(c)

the Speaker of the National Assembly shall notify the President of the decision of the Parliament.

(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.

(9)

If Parliament rejects a nominee submitted by the President, Parliament shall request the President to submit a new nominee and the provisions of this section shall apply with necessary modifications with respect to the new nominee.

(10)

If, after the expiry of a period of thirty days from the date of the nomination of a person for appointment as a Inspector-General under subsection (2), Parliament has neither approved nor rejected the nomination of the person, the nominee shall be deemed to have been approved by the Parliament.

[Act No. 11 of 2014, s. 11, Act No. 19 of 2014, s. 86.]
13.
Appointment of Deputy Inspector General

Whenever a vacancy arises in the Office of the Deputy Inspector- General the President shall on the recommendation of the Commission 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.]
14.
General provisions on recruitment of Inspector-General and
Deputy Inspector-General

In the entire recruitment and appointment process of the Inspector-General or Deputy Inspector-General, the Commission, Parliament and President, as the case may be, shall—

(a)

comply with the values and principles set out under the Constitution, and in particular, Article 10, 27 and 232 of the Constitution; and

(b)

deleted by Act No. 25 of 2015, Sch.

[Act No. 25 of 2015, Sch.]
15.
Removal of Inspector-General
(1)

The Inspector-General may be removed from office only for the grounds stipulated under Article 245(7) of the Constitution.

(2)

Deleted by Act No. 19 of 2014, s. 87.

(3)

Deleted by Act No. 19 of 2014, s. 87.

(4)

Deleted by Act No. 19 of 2014, s. 87.

(5)

Deleted by Act No. 19 of 2014, s. 87.

(6)

Deleted by Act No. 19 of 2014, s. 87.

(7)

Deleted by Act No. 19 of 2014, s. 87.

(8)

Deleted by Act No. 19 of 2014, s. 87.

[Act No. 11 of 2014, s. 13, Act No. 19 of 2014, s. 87.]
16.
Temporary absence of the Inspector-General

The President, on recommendation of the Commission, 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.]
17.
Removal of Deputy Inspector-General

The President may remove, retire or redeploy a Deputy Inspector-General at any time before the Deputy-Inspector General attains the age of retirement.

[Act No. 19 of 2014, s. 89, Act No. 25 of 2015, Sch.]
18.
Term of office
(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 Article 245(7) of the Constitution and shall not be eligible for reappointment.

(2)

Deleted by Act No. 25 of 2015, Sch.

(3)

Deleted by Act No. 25 of 2015, Sch.

[Act No. 11 of 2014, s. 15, Act No. 19 of 2014, s. 88, Act No. 25 of 2015, Sch.]
19.
Oath of office

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.

20.
Vacancy and filling of vacancy
(1)

The office of the Inspector-General or Deputy Inspectors-General shall become vacant if the holder—

(a)

dies;

(b)

resigns from office by a notice in writing addressed to the President; or

(c)

is removed from office in accordance with the Constitution or this Act.

(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.

21.
Requirement for consultation
(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

(2)

The functions of the Service Board shall be to—

(a)

receive and act on reports submitted to the Service Board;

(b)

facilitate the co-ordination of all police operations;

(c)

advice the Inspector -General on the day to day administration of the Service;

(d)

advice the Inspector-General on matters relating to distribution and deployment in the Service; and

(e)

determine the recommendation of the Service on recruitment, promotions, transfers and discipline for submission to the National Police Service Commission.

(3)

The Service Board may establish such committees as may be necessary to carry out their functions.

(4)

The Service Board or the Committees established under subsection (3) may co-opt any person into their membership whose expertise or knowledge could add value to the Service.

(5)

The Service Board shall appoint a secretary of the Board from amongst the officers of the Service.

[Act No. 11 of 2014, s. 16.]
PART III – CONSTITUTION, ADMINISTRATION, FUNCTIONS AND POWERS
OF THE KENYA POLICE SERVICE
22.
Composition of the Kenya Police Service
(1)

The Kenya Police Service shall consist of the ranks set forth in the First Schedule.

(2)

The Cabinet Secretary may, on the advice of the Inspector General, by order published in the Gazette, amend the First Schedule.

(3)

The Cabinet Secretary shall not amend the ranks of the Inspector-General or the Deputy Inspector-General.

[Act No. 11 of 2014, s. 17.]
23.
Functions of the Deputy Inspector-General of the Kenya Police
Service

The Deputy Inspector-General for the Kenya Police Service shall subject to the direction, command and control of the Inspector-General—

(a)

be responsible for the effective and efficient day-to-day administration and operations of the Kenya Police Service;

(b)

implement policies and directions of the Service in relation to the Kenya Police Service;

(c)

prepare the budget, planning and provision of support for the Kenya Police Service;

(d)

establish and maintain police stations, outposts, units or unit bases in the counties and determine the boundaries of the police stations, outposts or unit bases and establish a facility in each police station for receiving, recording and reporting of complaints from members of the public;

(e)

manage, monitor and evaluate the Kenya Police Service;

(f)

undertake the supervision of the Kenya Police Service;

(g)

co-ordinate training in the Kenya Police Service;

(h)

provide internal oversight of the Kenya Police Service;

(i)

establish and maintain a relationship between the Kenya Police Service and the community;

(j)

improve transparency and accountability in the Kenya Police Service;

(k)

co-operate and engage in joint security operations with the Deputy Inspector-General, in charge of the Administration Police Service, other Government departments or other security organs to ensure the safety and security of the public;

(l)

implement the decisions of the Inspector-General; and

(la)

issue general, special, routine and standing orders in respect of the Kenya Police Service.

(m)

perform such other duties as may be assigned by the Inspector-General, or as may be prescribed by this Act or by any other written law.

[Act No. 11 of 2014, s. 18, Act No. 25 of 2015, Sch.]
24.
Functions of the Kenya Police Service

The functions of the Kenya Police Service shall be the—

(a)

provision of assistance to the public when in need;

(b)

maintenance of law and order;

(c)

preservation of peace;

(d)

protection of life and property;

(e)

investigation of crimes;

(f)

collection of criminal intelligence;

(g)

prevention and detection of crime;

(h)

apprehension of offenders;

(i)

enforcement of all laws and regulations with which it is charged; and

(j)

performance of any other duties that may be prescribed by the Inspector-General under this Act or any other written law from time to time.

PART IV – CONSTITUTION, ADMINISTRATION, POWERS AND FUNCTIONS
OF THE ADMINISTRATION POLICE SERVICE
25.
Composition of the Administration Police Service
(1)

The Administration Police Service shall consist of the ranks set out in the First Schedule.

(2)

The Cabinet Secretary may, on the advice of the Commission, from time to time, by Order published in the Gazette, amend the Schedule.

[Act No. 11 of 2014, s. 19.]
26.
Functions of the Deputy Inspector-General, Administration
Police

The Deputy Inspector-General in charge of the Administration Police, shall subject to the direction, command and control of the Inspector-General—

(a)

be responsible for the effective and efficient day-to-day administration and operations of the Administration Police Service;

(b)

provide strategic guidance and direction for the Administration Police Service;

(c)

prepare the budget, planning and provision of support for the Administration Police Service;

(d)

manage, monitor and evaluate the Administration Police Service;

(e)

undertake the supervision of the Administration Police Service;

(f)

establish and maintain outposts, units or unit bases in the county and determine the boundaries of the outposts or unit bases and establish a facility in each police post or other premises for receiving, recording and reporting complaints from members of the public;

(g)

co-ordinate training in the Administration Police Service;

(h)

provide internal oversight of the Administration Police Service;

(i)

establish and maintain a relationship between the Administration Police Service and the community;

(j)

improve transparency and accountability in the Administration Police Service;

(k)

co-operate and engage in joint security operations with the Deputy Inspector-General in charge of the Kenya Police Service, other Government departments or other security organs to ensure the safety and security of the public;

(l)

implement the decisions of the Inspector-General;

(m)

implement policies and directions of the service in relation to the Administration Police Service; and

(ma)

issue general, special, routine and standing orders in respect of the Administration Police Service.

(n)

perform such other duties as may be assigned by the Inspector-General or the Commission, or as may be prescribed by this Act or any other written law.

[Act No. 11 of 2014, s. 20, Act No. 25 of 2015, Sch.]
27.
Functions of the Administration Police Service

The functions of the Administration Police Service shall be the—

(a)

provision of assistance to the public when in need;

(b)

maintenance of law and order;

(c)

preservation of peace;

(d)

protection of life and property;

(e)

provision of border patrol and border security;

(f)

provision of specialized stock theft prevention services;

(g)

protection of Government property, vital installations and strategic points as may be directed by the Inspector-General;

(h)

rendering of support to Government agencies in the enforcement of administrative functions and the exercise of lawful duties;

(i)

co-ordinating with complementing Government agencies in conflict management and peace building;

(j)

apprehension of offenders;

(ja)

collection of criminal intelligence;

(k)

performance of any other duties that may be prescribed by the Inspector-General under this Act or any other written law from time to time.

[Act No. 11 of 2017, Sch.]
PART V – THE DIRECTORATE OF CRIMINAL INVESTIGATIONS
28.
Establishment of the Directorate of Criminal Investigations
Department

There is established the Directorate of Criminal Investigations which shall be under the direction, command and control of the Inspector-General.

29.
Qualifications of the Director of Criminal Investigations
(1)

There shall be a Director of Criminal Investigations who shall be appointed by the President in accordance with section 30.

(2)

Deleted by Act No. 19 of 2014, s. 90.

(3)

Deleted by Act No. 19 of 2014, s. 90.

(4)

The Commission shall appoint the Director on such terms and conditions as the Commission may determine.

(5)

A person shall be qualified for appointment as the Director of Criminal Investigations if the person—

(a)

is a citizen of Kenya;

(b)

holds a degree from a University recognized in Kenya;

(c)

has had at least ten years’ proven experience at management level of a public institution;

(d)

has had a distinguished career in his field;

(e)

has knowledge and experience in criminal investigations or policing;

(f)

has proven relevant experience in any of the following fields—

(i) management;
(ii) law;
(iii) economics;
(iv) change management;
(v) finance;
(vi) governance; or
(vii) public administration; and
(g)

meets the requirements of Chapter Six of the Constitution.

(6)

The Director of Criminal Investigations shall be a State officer for the purposes of Article 260 of the Constitution.

(7)

Before assuming office, the Director of Criminal Investigations shall take and subscribe to the oath of office prescribed under the Fourth Schedule.

(8)

The Director of Criminal Investigations shall, in the performance of the functions and duties of office, be responsible to the Inspector-General.

(9)

The Director of Criminal Investigations shall be—

(a)

the chief executive officer of the Directorate;

(b)

responsible for—

(i) implementing the decisions of the Inspector-General in respect of the Directorate;
(ii) efficient administration of the Directorate;
(iii) the day-to-day administration and management of the affairs of the Directorate; and
(iv) the performance of such other duties as may be assigned by the Inspector General, the Commission, or as may be prescribed by this Act, or any other written law.[Act No. 11 of 2014, s. 21, Act No. 19 of 2014, s. 90, Act No. 25 of 2015, Sch.]
30.
Appointment of Director of Criminal Investigation

Whenever a vacancy arises in the office of the Director of Criminal Investigations the President shall on the recommendation of the Commission 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.]
31.
Removal of the Director of Criminal Investigations

The President may at any time remove, retire or redeploy 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.]
32.
Vacancy and filling of vacancy
(1)

The office of the Director of Criminal Investigations shall become vacant if the holder—

(a)

dies;

(b)

resigns from office by a notice in writing addressed to the President; or

(c)

is removed from office in accordance with the Constitution or this Act.

(2)

Where a vacancy occurs in the office of the Director of Criminal Investigations the President shall appoint a replacement in accordance with section 30.

33.
Staff of the Directorate

The Directorate shall have such number of officers drawn from the Service as may be assigned from time to time by the Commission on the recommendation of the Directorate.

[Act No. 11 of 2014, s. 23, Act No. 25 of 2015, Sch.]
34.
Functions of the Director

The Director of Criminal Investigations shall—

(a)

be responsible for the effective and efficient administration and operations of the Directorate;

(b)

provide strategic guidance and direction for the Directorate;

(c)

be responsible for the preparation of the budget and planning for the directorate;

(d)

monitor and evaluate the Directorate;

(e)

undertake supervision of the Directorate;

(f)

co-ordinate training, research and development in the Directorate;

(g)

provide internal oversight of the Directorate;

(h)

improve transparency and accountability in the Directorate.

(i)

co-operate and engage in joint security operations with the Deputy Inspectors-General of both the Kenya Police Service and the Administration Police Service, other Government departments and security organs, where necessary, when relevant, to ensure the safety and security of the public; and

(j)

perform any other functions that may be assigned by the Inspector-General under this Act or any other law.

35.
Functions of the Directorate

The Directorate shall—

(a)

collect and provide criminal intelligence;

(b)

undertake investigations on serious crimes including homicide, narcotic crimes, human trafficking, money laundering, terrorism, economic crimes, piracy, organized crime, and cyber crime among others;

(c)

maintain law and order;

(d)

detect and prevent crime;

(e)

apprehend offenders;

(f)

maintain criminal records;

(g)

conduct forensic analysis;

(h)

execute the directions given to the Inspector-General by the Director of Public Prosecutions pursuant to Article 157 (4) of the Constitution;

(i)

co-ordinate country Interpol Affairs;

(j)

investigate any matter that may be referred to it by the Independent Police Oversight Authority; and

(k)

perform any other function conferred on it by any other written law.

36.
Funds of the Directorate
(1)

The funds of the Directorate shall consist of—

(a)

monies provided by Parliament for purposes of the Directorate;

(b)

such monies or assets as may accrue to the Directorate in the performance of its functions or the exercise of its powers under this Act or any other written law; and

(c)

all monies from any other source provided or donated to the Directorate.

(2)

Notwithstanding subsection (1), any funds donated or lent, or any gift made to the Directorate shall be made public.

37.
Financial Year

The financial year of the Directorate shall be—

(a)

the period beginning on the day on which this Act comes into operation and ending on the thirtieth of June next following; and

(b)

subsequently, the period of twelve months commencing on the first of July of every year and ending on the thirtieth of June of the following year.

38.
Annual estimates
(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 for that year.

(2)

The annual estimates shall make provision for all the estimated expenditure of the Directorate for the financial year concerned, and in particular shall provide for—

(a)

the payment of salaries, allowances and other charges in respect of the staff of the Directorate;

(b)

the payment of pensions, gratuities and other charges and in respect of benefits which are payable out of the funds of the Directorate;

(c)

the maintenance of the assets of the Directorate;

(d)

the funding of operations, training, research and development of the activities of the Directorate;

(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 Directorate may think fit.

(3)

The annual estimates shall be approved by the Directorate 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 Directorate shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary.

39.
Accounts and audit
(1)

The Directorate shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Directorate.

(2)

Within a period of three months after the end of each financial year the Directorate shall submit to the Auditor-General the accounts of the Directorate in respect of that year together with—

(a)

a statement of the income and expenditure of the Directorate during that year; and

(b)

a statement of the assets and liabilities of the Directorate on the last day of the financial year.

(3)

The annual accounts of the Directorate shall be prepared, audited and reported upon in accordance with Articles 226 and 229 of the Constitution and the Public Audit Act, 2003 (No. 12 of 2003).

PART VI – COUNTY POLICING AUTHORITIES
40.
Designation of police stations
(1)

The Inspector-General may, by a notice in the Gazette designate police stations.

(2)

In designating police stations under subsection (1), the Inspector-General shall ensure that such police stations are equitably distributed throughout each County.

(3)

The police stations under subsection (1) shall be the unit for police service delivery.

(4)

Each police station shall—

(a)

be the centre for the administrative and command functions of all police services under the Service in one station; and

(b)

provide room for operational creativity to the police officers from all the services under the Service.

(5)

The Inspector-Generals shall ensure the development of procedures which facilitate uniform keeping of records at all police stations.

(6)

Each police station shall register the victims of crime and violence within their areas of jurisdiction and establish support schemes for them.

(7)

Each station shall have a facility to receive, record and report complaints against police misconduct.

(8)

The Inspector-General may by Regulations establish outposts and other units which shall reflect the principles under the Constitution and this section.

[Act No. 11 of 2014, s. 24.]
41.
County Policing Authority
(1)

There shall be established a County Policing Authority in respect of each county which shall comprise—

(a)

the Governor who shall be the chairperson;

(b)

a representative of the National Intelligence Service;

(c)

county representatives appointed by the Inspector-General, who shall comprise the heads of the National Police Service and the Directorate of Criminal Investigations at the county level;

(d)

two elected members nominated by the County Assembly;

(e)

the chairperson of the County Security Committee;

(f)

at least six other members appointed by the Governor, from among the following categories of persons ordinarily resident in the county—

(i) the business sector;
(ii) community based organizations;
(iii) women;
(iv) persons with special needs;
(v) religious organizations; and
(vi) the youth.
(1A)

The Governor may authorise the Deputy Governor to chair the meetings of the County Policing Authority in his absence.

(2)

The members referred to in subsection (1)(e) shall be recruited through a competitive process by the office employing public officers in the county.

(3)

The names of members nominated under subsection (1)(e) shall be forwarded to the County Security Committee for vetting and subsequent thereto, the County Assembly for approval.

(4)

In nominating and appointing members under subsection (1)(e) the nominating bodies, public service office at the County level and Governor shall—

(a)

uphold the principle of one-third gender representation;

(b)

ensure geographical representativeness of the county; and may nominate more than one representative in respect of each category.

(5)

Notwithstanding subsection (1)(e), the membership of the County Policing Authority shall be proportional to the number of constituencies in the County.

(6)

In the absence of the chairperson, the members shall elect one of their member to chair the meetings of the County Policing Authority.

(7)

A person shall not be qualified for appointment as a member under subsection (2), if that person—

(a)

has violated the Constitution;

(b)

is adjudged bankrupt;

(c)

is not of good character or moral standing;

(d)

has been convicted of a felony; or

(e)

has not been resident or employed in the county for a continuous period of not less than three years.

(7)

Members appointed under subsection (l)(e) shall serve for a term of two years and shall be eligible for reappointment for one further term.

(8)

The chairperson of council of governors in consultation with the Cabinet Secretary shall issue and publish in the Gazette guidelines to be followed during the nomination, appointment, removal from office, vacancy of office and filling of vacancy of members of the Authority.

(9)

The functions of the Authority shall be to—

(a)

develop proposals on priorities, for police performance in the county;

(b)

monitor trends and patterns of crime in the county including those with a specific impact on women and children;

(c)

deleted by Act No. 25 of 2015, Sch.;

(d)

monitor progress and achievement of set targets;

(e)

provide oversight of the budget of the funds of the county policing authority;

(f)

provide feedback on performance of the police service at the county level;

(g)

provide a platform through which the public participates on the all aspects relating to county policing;

(h)

deleted by Act No. 11 of 2014, s. 25(h);

(i)

ensure policing accountability to the public;

(j)

receive reports from Community Policing Forums and Committees; and

(k)

ensure compliance with the national policing standards.

(10)

Every Authority shall prepare, publicize and submit quarterly reports to the Inspector-General, Cabinet Secretary, County Assembly and Governor—

(a)

accounting for the status and progress on each of the functions with which it is charged; and

(b)

the impediments to the performance of those functions.

(11)

The officer responsible for co-ordination of operations of the National Police Service in the County shall designate a police officer not below the rank of Assistant Superintendent of Police, as the secretary to the Authority.

(12)

Deleted by Act No. 25 of 2015, Sch.

(13)

Nothing in this section shall authorize any Authority to interfere with—

(a)

the investigation of any particular offence or offences;

(b)

the enforcement operations of the law against any particular person or persons;

(c)

the employment, assignment, promotion, suspension or dismissal of any member of the Service; or

(d)

the operations of the Service.

(14)

Every County Policing Authority may establish such committees as may be necessary for the performance of its functions under this Act.

[Act No. 11 of 2014, s. 25, Act No. 25 of 2015, Sch.]
42.
Meetings of the Authorities
(1)

Every County Policing Authority shall meet at least once every three months at a time and venue to be determined by the Chairperson.

(2)

The Cabinet Secretary shall issue policy guidelines on the conduct of business of the Authority and any other matter necessary for the efficient operation of the Authority.

(3)

The quorum of the Authority shall be fifty per cent of the total members.

[Act No. 11 of 2014, s. 26, Act No. 11 of 2014, s. 25, Act No. 25 of 2015, Sch.]
43.
Payment of allowances

Members of the Authority shall be paid such allowances as may be determined from time to time by the Cabinet Secretary on the advice of the Salaries and Remuneration Commission in accordance with rules published in the Gazette.

44.
Funds for County Policing Authorities

The expenses of the County Policing Authorities shall be met by the Service.

PART VII – GENERAL FUNCTIONS, POWERS, OBLIGATIONS AND RIGHTS
OF POLICE OFFICERS IN THE SERVICE
45.
Officer deemed to be on duty

A police officer shall for the purposes of this Act, be considered to be always on duty when required and shall perform the duties and exercise the powers granted to him under this Act or any other law at any place in Kenya where he or she may be deployed.

46.
Rights of police officers
(1)

Subject to section 47, a police officer shall be entitled to all the rights set out in the Constitution.

(2)

Working hours of police officers shall be reasonable and where excessive overtime is required police officers shall be compensated with commensurate periods of rest, and they shall be allowed a minimum time of rest during and in between shifts.

47.
Limitation of rights and fundamental freedoms of police officers
(1)

Subject to Article 24, 25 and 35 of the Constitution, the rights and fundamental freedoms of an officer of the Service may be limited for the purposes, in the manner and to the extent set out by law.

(2)

A limitation of a right or fundamental freedom under subsection (1) shall be reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom and shall be limited only for purposes of ensuring—

(a)

the protection of classified information;

(b)

the maintenance and preservation of national security;

(c)

the security and safety of officers of the Service;

(d)

the independence and integrity of the Service; and

(e)

the enjoyment of the rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others.

(3)

A limitation of a right or fundamental freedom under this section shall relate to—

(a)

the right to privacy to the extent of allowing—

(i) a person, home or property to be searched;
(ii) possessions to be seized;
(iii) information relating to a person’s family or private affairs to be required or revealed; or
(iv) the privacy of a person’s communications to be investigated;
(b)

the freedom of expression to the extent of limiting the freedom to impart information for officers of the Service;

(c)

the freedom of the media;

(d)

the right to access to information to the extent of protecting the Service from—

(i) demands to furnish persons with information; and
(ii) publicizing information affecting the nation;
(e)

the freedom of association to the extent of limiting the right of officers of the Service from joining or participating in the activities of any kind of association other than those authorized under this Act;

(f)

the right to assemble, demonstrate, picket and petition public authorities to the extent of ensuring discipline in the Service; and

(g)

the right to fair labour relations to the extent of prohibiting officers of the Service from joining and participating in the activities of a trade union and going on strike.

(4)

An officer shall not be barred from voting at any election if, under the laws governing the said election, he or she has a right to vote.

48.
Access to information

Subject to Article 244 of the Constitution and any other law enacted pursuant to Article 35 of the Constitution, a limitation of a right shall be reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom and shall be limited only for purposes of ensuring—

(a)

the protection of classified information;

(b)

the maintenance and preservation of national security;

(c)

the security and safety of officers in the Service;

(d)

the independence and integrity of the Service; and

(e)

the enjoyment of the rights and fundamental freedoms by any individual, does not prejudice the rights and fundamental freedoms of others.

49.
General powers of police officers
(1)

Subject to Article 244 of the Constitution and the Bill of Rights, a police officer may exercise such powers and shall perform such duties and functions as are by law imposed or conferred on or assigned to a police officer.

(2)

Where any duty, power or discretion is imposed or conferred by this Act or any other law on a police officer of any specified rank or holding any specified office, the police officer, shall, in the performance of such duty or the exercise of such power or discretion, and subject to the lawful orders and directions of any police officer to whom the police officer is directly subordinate, and any senior police officer, if the occasion arises where it is expedient to do so, perform any such duty or exercise any such power or discretion.

(3)

Police officers shall make a report of all daily occurrences and incidents encountered and make it available to their superior.

(4)

A police officer who performs an official duty or exercises police powers shall perform such duty or exercise such power in a manner that is lawful.

(5)

Where a police officer is authorized by law to use force, the officer shall do so in compliance with the guidelines set out in the Sixth Schedule.

(6)

Every police officer shall be competent to serve or execute any summons, warrant or other process whether directed to him or to any other officer.

(7)

The storage and use of information by any member of the Service shall be done in compliance with Article 31 of the Constitution, and all other relevant laws and regulations.

(8)

The Inspector-General may make regulations on handling of information by the Service.

(9)

Matters of a personal nature and operational information in the possession of law enforcement officials shall be kept confidential, unless the performance of duty or the needs of justice strictly require otherwise.

(10)

A police officer shall respect the law, regulations and the Service Standing Orders, and to the best of their capability, prevent and oppose any violations of them.

(11)

A police officer who has reason to believe that a violation of the law has occurred or is about to occur shall report the matter to their superior authorities and, where necessary, to other appropriate authorities or organs vested with reviewing or remedial power.

(12)

No member of the Service shall be subjected to disciplinary hearings or other disadvantage based solely on the fact that he or she has lodged a complaint with or given evidence before or information to the Independent Police Oversight Authority or other authorities or organs vested with reviewing or remedial power.

(13)

A police officer who abuses any powers conferred by this Act commits an offence and is liable to disciplinary or criminal action and a person whose rights are violated by a police officer shall be entitled to redress and compensation upon the decision of a court, tribunal or other authority.

[Act No. 11 of 2014, s. 27.]
50.
Police records
(1)

A police officer in charge of a police station or other post, unit or formation shall keep a record in such form as the Inspector-General may, in consultation with the relevant Deputy Inspector-General, direct and shall record all complaints and charges preferred, the names of all persons arrested and the offences with which they are charged.

(2)

Notwithstanding anything to the contrary contained in any law in force, no fee shall be chargeable on any bail bond in a criminal case, recognizance to prosecute or give evidence, or recognizance or personal appearance or otherwise, issued or taken by a police officer.

(3)

Any complaint made against any police officer shall be recorded and reported to the Independent Police Oversight Authority.

(4)

A police officer who fails to record and report any complaint made under this section, commits an offence.

[Act No. 11 of 2014, s. 28.]
51.
Obedience to orders and warrants and detection of crimes,
etc.
(1)

A police officer shall—

(a)

obey and execute all lawful orders in respect of the execution of the duties of office which he may from time to time receive from his superiors in the Service;

(b)

obey and execute all orders and warrants lawfully issued;

(c)

provide assistance to members of the public when they are in need;

(d)

maintain law and order;

(e)

protect life and property;

(f)

preserve and maintain public peace and safety;

(g)

collect and communicate intelligence affecting law and order;

(h)

take all steps necessary to prevent the commission of offences and public nuisance;

(i)

detect offenders and bring them to justice;

(j)

investigate crime; and

(k)

apprehend all persons whom he is legally authorized to apprehend and for whose apprehension sufficient ground exists.

(2)

A police officer who fails to comply with an unlawful order shall not be subjected to disciplinary proceedings.

52.
Power to compel attendance of witnesses at police station
(1)

A police officer may, in writing, require any person whom the police officer has reason to believe has information which may assist in the investigation of an alleged offence to attend before him at a police station or police office in the county in which that person resides or for the time being is.

(2)

A person who without reasonable excuse fails to comply with a requisition under subsection (1), or who, having complied, refuses or fails to give his correct name and address and to answer truthfully all questions that may be lawfully put to him commits an offence.

(3)

A person shall not be required to answer any question under this section if the question tends to expose the person to a criminal charge, penalty or forfeiture.

(4)

A police officer shall record any statement made to him by any such person, whether the person is suspected of having committed an offence or not, but, before recording any statement from a person to whom a charge is to be preferred or who has been charged with committing an offence, the police officer shall warn the person that any statement which may be recorded may be used in evidence.

(5)

A statement taken in accordance with this section shall be recorded and signed by the person making it after it has been read out to him in a language which the person understands and the person has been invited to make any correction he may wish.

(6)

Notwithstanding the other provisions of this section, the powers conferred by this section shall be exercised in accordance with the Criminal Procedure Code (Cap. 75), the Witness Protection Act (Cap. 79) or any other written law.

(7)

The failure by a police officer to comply with a requirement of this section in relation to the making of a statement shall render the statement inadmissible in any proceedings in which it is sought to have the statement admitted in evidence.

53.
Power to require bond for attendance of court
(1)

A police officer investigating an alleged offence (not being an offence against discipline) may require any person to execute a bond in such sum and in such form as may be required, subject to the condition that the person shall duly attend court if and when required to do so.

(2)

A person who refuses or fails to comply with a requirement lawfully made under subsection (1) commits an offence.

(3)

Notwithstanding the foregoing provisions, the powers conferred under this section shall be exercised in strict accordance with the Criminal Procedure Code (Cap. 75).

54.
Kenya Police to maintain order on roads, etc.
(1)

The Kenya Police Service shall—

(a)

regulate and control traffic and keep order and prevent obstructions in public places; and

(b)

prevent unnecessary obstruction during assemblies, meetings and processions on public roads and streets, or in the neighbourhood of places of worship during the time of worship therein.

(2)

A person who disobeys any lawful order given by a police officer under subsection (1) commits an offence, and may be arrested without a warrant unless he gives his name and address and satisfies the police officer that he shall duly answer any summons or other proceedings which may be taken against him.

55.
Power to take photographs, fingerprints and forensic evidence
(1)

A magistrate or a police officer, and any other person appointed to give certificates under subsection (2) of section 142 of the Criminal Procedure Code (Cap. 75), may take, or cause to be taken in his presence, for the purposes of record and identification, the measurements, photographs, footprints and casts thereof, palm-prints, finger-prints and other forensic evidence of any person in lawful custody or who is subject to police supervision.

(2)

The Inspector-General shall prescribe in the Service Standing Orders the form upon which footprints, palm-prints, finger-prints and other forensic evidence may be taken in accordance with this section.

(3)

The magistrate, police officer or person appointed as the case may be, shall certify on the prescribed form that the foot prints, finger-prints, palm-prints and other forensic evidence have been taken by him, or caused to be taken in his presence, in accordance with the directions contained on such form, and that the particulars entered on such form are to the best of his knowledge and belief accurate and true.

(4)

Subject to subsection (1), if a person is not charged with an offence punishable by imprisonment or is discharged or acquitted by a court, and has not previously been convicted of an offence so punishable, all records of such measurements, photographs, footprints and casts thereof, palm-prints and fingerprints and any negatives and copies of such photographs or of photographs of such footprints, palm-prints and finger-prints shall immediately be destroyed or handed over to such person.

(5)

A person who refuses to permit his measurements, photographs, footprints and casts thereof, palm-prints or finger-prints and other forensic evidence to be taken under this section commits an offence.

(6)

Upon conviction under subsection (5), reasonable force may be used to facilitate the taking of measurements, photographs, footprints and casts thereof, palm-prints and finger-prints of the person convicted.

56.
Stoppage and detention
(1)

A police officer may stop and detain any person whom he or she—

(a)

witnesses doing any act or thing which is unlawful;

(b)

finds in possession of anything contrary to any written Iaw.

(2)

A person who fails to produce a licence, permit, certificate or pass within forty-eight hours when called upon to do so, may be arrested without a warrant unless he gives his name and address and otherwise satisfies the officer that he will duly answer any summons or any other proceedings which may issue or be taken against him or her.

(3)

A police officer who abuses the powers under this section commits an offence.

[Act No. 11 of 2014, s. 29.]
57.
Power to enter premises and stop vehicles, etc., without
warrant
(1)

Subject to the Constitution, if a police officer has reasonable cause to believe—

(a)

that anything necessary to the investigation of an alleged offence is in any premises and that the delay caused by obtaining a warrant to enter and search those premises would be likely to imperil the success of the investigation; or

(b)

that any person in respect of whom a warrant of arrest is in force, or who is reasonably suspected of having committed a cognizable offence, is in any premises,

the police officer may demand that the person residing in or in charge of such premises allow him free entry thereto and afford him all reasonable facilities for a search of the premises, and if, after notification of his authority and purpose, entry cannot without unreasonable delay be so obtained, the officer may enter such premises without warrant and conduct the search, and may, if necessary in order to effect entry, break open any outer or inner door or window or other part of such premises.

(2)

A police officer may stop, search and detain any vehicle or vessel which the police officer has reasonable cause to suspect is being used in the commission of, or to facilitate the commission of, an offence.

(3)

A person who fails to obey a reasonable signal given by a police officer in uniform requiring the person to stop any vehicle or vessel commits an offence and is liable on conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred thousand shillings, or to both.

(4)

A police officer may arrest a person under subsection (3) without a warrant unless the person gives his name and address and otherwise satisfies the police officer that the person will duly answer any summons or other proceedings which may issue or be taken against that person.

(5)

A police officer who exercises the powers conferred under this section shall—

(a)

identify himself beforehand;

(b)

record the action;

(c)

record the items taken;

(d)

make a report regarding such exercise and make it available for the superior.

58.
Power to arrest without a warrant

Subject to Article 49 of the Constitution, a police officer may without a warrant, arrest a person—

(a)

who is accused by another person of committing an aggravated assault in any case in which the police officer believes upon reasonable ground that such assault has been committed;

(b)

who obstructs a police officer while in the execution of duty, or who has escaped or attempts to escape from lawful custody;

(c)

whom the police officer suspects on reasonable grounds of having committed a cognizable offence;

(d)

who commits a breach of the peace in the presence of the police officer;

(e)

in whose possession is found anything which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to that thing;

(f)

whom the police officer suspects upon reasonable grounds of being a deserter from the armed forces or any other disciplined service;

(g)

whom the police officer suspects upon reasonable grounds of having committed or being about to commit a felony; or

(h)

whom the police officer has reasonable cause to believe a warrant of arrest has been issued.

59.
Arrests and detentions by Police

An arrest by a police officer, whether with or without a warrant, shall be subject to the rules contained in the Fifth Schedule with respect to arrest and detention.

60.
Power to search without warrant in special circumstances
(1)

When a police officer in charge of a police station, or a police officer investigating an alleged offence, has reasonable grounds to believe that something was used in the commission of a crime, is likely to be found in any place and that the delay occasioned by obtaining a search warrant under section 118 of the Criminal Procedure Code (Cap. 75) will in his opinion substantially prejudice such investigation, he may, after recording in writing the grounds of his belief and such description as is available to him of the thing for which search is to be made, without such warrant, enter any premises in or on which he or she suspects the thing to be and search or cause search to be made for, and take possession of such thing.

(2)

Sections 119, 120 and 121 of the Criminal Procedure Code (Cap. 75) as to the execution of search warrant, and the provisions of that Code as to searches shall apply to a search without a warrant under this section.

(3)

For purposes of conducting a search under this section—

(a)

the officer shall carry with him, and produce to the occupier of the premises on request by him, the officer’s certificate of appointment;

(b)

if anything is seized under subsection (1), the police officer shall immediately make a record describing anything so seized, and without undue delay take or cause it to be taken before a magistrate within whose jurisdiction the thing was found, to be dealt with according to the law.

61.
Power to use firearms
(1)

Subject to subsection (2), a police officer shall perform the functions and exercise the powers conferred by the Constitution and this Act by use of non-violent means.

(2)

Despite subsection (1), a police officer may use force and firearms in accordance with the rules on the use of force and firearms contained in the Sixth Schedule.

62.
Non-liability for act done in obedience to warrant
(1)

Where the defence to any suit instituted against a police officer is that the act complained of was done in obedience to a warrant purporting to be issued by a judge or magistrate, the court shall, upon production of the warrant containing the signature of the judge or magistrate, accept such warrant as prima facie evidence of the due making thereof, and upon the proof that the act complained of was done in obedience to such warrant enter judgement in favour of such police officer.

(2)

No proof of the signature of the judge or magistrate who issues a warrant shall be required unless the court has reason to doubt the genuineness thereof, and it shall be a defence that the police officer, at the time the arrest was made, believed on reasonable grounds that the signature was genuine.

63.
Custody of unclaimed property
(1)

A police officer shall—

(a)

take charge of all unclaimed property handed to him by any person or found by him to be unclaimed; and

(b)

deliver that property without delay to the nearest police station.

(2)

Where any property has come into the possession of the Police, the police officer shall furnish an inventory or description of the property within fortyeight hours to a magistrate having jurisdiction in the area in which the property is found by, or handed to the magistrate, and the magistrate shall—

(a)

give orders for the detention of the property; and

(b)

cause a notice to be posted in a conspicuous place in the magistrate’s court and at such police station as the magistrate considers necessary.

(3)

The notice under subsection (2)(b) shall describe the property and require any person who may have a claim thereto to appear before the Magistrate or other person specified therein and establish their claim within twelve months from the date of the notice.

(4)

Notwithstanding subsection (3), if the unclaimed property is—

(a)

liable to deterioration, the magistrate shall deal with it in such a manner as may be appropriate; or

(b)

a firearm or ammunition, the magistrate may order that the property be disposed of in such manner as the Inspector-General may prescribe in regulations.

(5)

If no owner establishes his claim to the property within twelve months from the date of the notice, the property may be sold in a manner directed by the Magistrate.

(6)

Where the unclaimed property has been sold in accordance with subsection (5) the proceeds of sale shall be paid to the person who establishes his claim, or, if no lawful claim to the property has been established, the proceeds shall be paid into the Government Revenue.

64.
Power to apply for summons etc.

Subject to this Act or any other law, a police officer may lay any lawful complaint before a magistrate or apply before a subordinate court for summons, warrant or other legal process.

[Act No. 25 of 2015, Sch.]
65.
Power to erect barriers
(1)

Notwithstanding the provisions of any other law, any Gazetted officer or any police officer in charge of a police station may, if he or she considers it necessary to do so for the maintenance and preservation of law and order or for the prevention or detection of any offence, order an officer to erect or place barriers in or across any road or street or in any public place.

(2)

A police officer in uniform may take all reasonable steps to prevent any vehicle from being driven past any barrier, erected pursuant to subsection (1) and a driver who fails to comply with any reasonable signal given by a police officerin uniform requiring the driver to stop the vehicle before the barrier, commits an offence and is liable on conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred thousand shillings or to both.

(3)

The head of the National Police Service shall maintain records of all barriers erected under subsection (1) and the reasons therefor in their respective county and submit these to the respective community policing association.

(4)

The records referred in subsection (3) shall state the reasons for laying the barriers and shall be open for inspection by authorized persons.

(5)

The Inspector-General shall issue guidelines on erection of barriers.

(6)

Members of the public may lodge complaints about the barriers with the County Commander or the Authority.

[Act No. 11 of 2014, s. 30.]
66.
Protection from personal liability
(1)

No matter or thing done by a member, employee or agent of the Service shall, if the matter or thing is done in good faith for the performance and execution of the functions, powers or duties of the Service, render the officer, employee or agent personally liable to any action, claim or demand whatsoever.

(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.

67.
Public property not to be used privately
(1)

Unless specifically authorized by regulations, no police officer shall be entitled to keep or use for his private benefit any article that has been supplied to him at the public expense, but he or she shall hold every such article at the order and disposal of the state.

(2)

A police officer who keeps or uses an article in contravention of subsection (1) commits a disciplinary offence.

68.
Surrender of public property on resignation, etc.
(1)

A police officer who is dismissed from the Service, or resigns from office, or otherwise leaves the Service, shall forthwith deliver over to the person authorized by regulations or appointed for that purpose every article which has been supplied to him and which he or she has not been expressly authorized to keep or use for his private benefit.

(2)

Any person who—

(a)

fails to comply with subsection (1); or

(b)

returns such property in a damaged condition, the damage not being attributable to the proper discharge of his duties in the Service,

commits an offence, and shall be liable on conviction, whether or not any penalty is otherwise imposed, for the cost of replacing such property, or, as the case may require, for the cost of repair, and such cost shall be recoverable by the Government by deduction from any moneys due to such person, and shall be a debt due from such person to the Government.

69.
Restrictions on resignations
(1)

No officer below the rank of Deputy Inspector-General shall resign from the Service before the expiry of three months (or such lesser period as the Inspector-General may in particular case accept) after giving notice to the Inspector-General and Commission of his intention to resign.

(2)

An officer who is under disciplinary proceedings may not resign from the service without the written permission of the Inspector-General.

(3)

The Inspector-General shall ensure that disciplinary proceedings are carried out without delay.

70.
Powers, etc., whilst engaged on duties of prison officer

A police officer engaged in carrying out the duties of a prison officer shall have all the powers, protections and privileges attaching to a prison officer.

71.
Police officers prohibited from taking other employment
(1)

No member of the Service other than a Reserve Police officer, shall engage in any trade, business or employment, outside the scope of his duties as an officer of the Service if the trade, business or employment is in conflict of interest with the performance of the police officer’s duties.

(2)

A member of the Service who intends to engage in other forms of employment shall apply for and obtain approval from the Commission.

(3)

The Commission may approve or reject the application under subsection (2).

(4)

The Commission shall maintain a register of all persons granted approval under subsection (3), indicating the particulars thereof, and shall submit copies of the register to the Cabinet Secretary.

(5)

For the avoidance of doubt, the laws on anti-corruption, the Public Officers Ethics Act 2003 (No. 4 of 2003), and other relevant laws shall apply to members of the Service.

72.
Special police officers
(1)

If it appears expedient in the interests of public order and safety, the Inspector-General with the approval of the National Security Council may request the National Police Service Commission to appoint persons to be special police officers for such period and within such area as may be considered necessary.

(2)

Such officer shall, during the period of service as a special police officer, be deemed to be a police officer for the purposes of this Act.

(3)

Upon request by the Inspector-General, the Commission shall appoint the officers referred to under subsection (1).

[Act No. 11 of 2014, s. 31.]
PART VIII – RECRUITMENT, ENLISTMENT AND TRAINING OF POLICE
OFFICERS
73.
Oath of office

A police officer shall upon being enlisted, make and sign before an officer authorized by law to administer oaths or before the Inspector-General, in English or Swahili and in such manner as the police officer may declare to be most binding on his conscience, the oath or the affirmation set out in the Fourth Schedule.

74.
Certificate of Appointment
(1)

The Inspector-General shall ensure that a certificate of appointment is issued to every person who is appointed as a police officer.

(2)

A certificate of appointment shall be in a form prescribed by the regulations and be signed by a Gazetted police officer authorised by the Inspector-General for the purpose.

(3)

A police officer shall produce the certificate of appointment issued under subsection (2) on being requested to do so by any person in relation to whom the officer is exercising or is about to exercise a power conferred by this Act.

(4)

A failure to comply with subsection (3) shall invalidate any purported exercise of the power that the officer is seeking to exercise.

(5)

A certificate issued to a police officer under this section shall be evidence of the officer’s appointment not only for the purposes of legal proceedings but for all other purposes of the law.

75.
Leaving the Service

An officer may leave the Service only by the modes prescribed under this Act or the regulations.

76.
Retirement from the Service
(1)

A Police officer below the rank of Deputy Inspector-General shall retire from the Service on attaining the age of sixty years but may, with the approval of the Commission, be permitted to retire on attaining the age of fifty years.

Provided that, retirement from the Service under this section shall be subject to any written law.

(2)

Where the officer retires after serving for more than twenty years and before attaining fifty years, in terms of subsection (1), the benefits payable shall be calculated as if the officer had retired after twenty years of service.

(3)

An officer below the rank of sergeant may voluntarily retire from the service upon completion of twelve or twenty years of service.

(4)

deleted by Act No. 25 of 2015, Sch.

(5)

deleted by Act No. 25 of 2015, Sch.

[Act No. 11 of 2014, s. 32, Act No. 25 of 2015, Sch.]
76A.
Database on retired and other officers

The Commission shall keep, maintain and update a database of all officers who retire, desert, are dismissed or otherwise leave the Service.

[Act No. 19 of 2014, s. 94.]
77.
Retention in Service

Any police officer whose period of service expires during a state of war or state of emergency or during any time when any regulations are in force under any law relating to a state of emergency may be retained in the Service and his service prolonged for such further period as the Inspector-General may direct, but not for more than six months after the ending of such state or time.

78.
Membership of International Organizations
(1)

Police officers may join international police associations in accordance with rules made by the Inspector-General.

79.
Training policy and curriculum
(1)

The Commission shall—

(a)

develop a training policy;

(b)

approve training curricula; and

(c)

oversee their implementation.

(2)

The Commission shall regularly review the training curricula to ensure its relevance to policing requirements.

80.
Training institutions
(1)

The Service shall establish and maintain police training institutions for purposes of training and retraining of its officers.

(2)

Training in police institutions shall be conducted in accordance to the training curriculum.

(3)

The Service may collaborate with other training institutions to provide training to its officers.

80A.
Service Examination Board
(1)

There is established a Service Examination Board, which shall comprise of nine members appointed by the Commission.

(2)

The Service Examination Board shall—

(a)

set and maintain examination standards of the Service;

(b)

evaluation and certification of examination; and

(c)

any other function as may be prescribe by Regulations.

(3)

The Commission may by regulations make further provisions to give full effect to this section.

[Act No. 11 of 2014, s. 33.]
81.
Examinations and certification

The Commission shall in consultation with the Inspector-General develop guidelines on examination and certification of police trainees.

[Act No. 25 of 2015, Sch.]
PART IX – POLICE SERVICE ASSOCIATIONS
82.
Representation of police officers

Police officers may form Service welfare associations, and such associations shall be recognized by the Inspector-General, the Commission and the Cabinet Secretary 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.]
83.
Functions of police associations

Police associations formed in accordance with this Act shall be responsible for—

(a)

bringing to the notice of the Inspector-General, the Commission and the Cabinet Secretary any the matters affecting the general welfare and efficiency of the Police;

(b)

negotiating and reporting for action on behalf of the officers in respect of—

(i) any grievances;
(ii) the terms and conditions of Service; and
(iii) any other matters concerning the police officers.[Act No. 11 of 2014, s. 35.]
84.
Recognized associations to make rules
(1)

Every recognized police association shall make rules providing for the administration of the association and for carrying out the objects of the association.

(2)

The rules made under subsection (1) shall contain provisions in respect of matters prescribed in the Seventh Schedule.

(3)

A copy of 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.

(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.

85.
Registration requirements

For an association to qualify for registration under this Act, the association shall be required to—

(a)

draw its membership from the Service;

(b)

comply with the requirements made in accordance with the Seventh Schedule.

86.
Association to be independent of trade union

An association established in accordance with this Part and any branch thereof shall—

(a)

operate and be administered in accordance with the provisions of this Act;

(b)

be entirely independent of any trade union within the meaning of the Labour Institutions Act, 2007 (No. 12 of 2007).

PART X – OFFENCES AGAINST DISCIPLINE BY POLICE OFFICERS
87.
Internal Affairs Unit
(1)

There is established an Internal Affairs Unit (hereinafter referred to as “the Unit”) of the Service which shall comprise of—

(a)

an officer not below the rank of assistant Inspector-General who shall be the Director;

(b)

a deputy director; and

(c)

such other staff as the Unit may require.

(2)

The functions of the Internal Affairs Unit shall be to—

(a)

receive and investigate complaints against the police;

(b)

promote uniform standards of discipline and good order in the Service; and

(c)

keep a record of the facts of any complaint or investigation made to it.

(2A)

Without prejudice to subsection (2), the unit may where necessary investigate and recommend appropriate action in respect of any Found engaging in any unlawful conduct.

(3)

In the performance of its functions, the Unit shall be subject to Article 47 of the Constitution.

(4)

The Unit shall investigate misconduct and hear complaints—

(a)

from members of the Service or members of the public;

(b)

at the direction of a senior officer;

(c)

on its own initiative; or

(d)

on the direction of the Inspector-General; or

(e)

at the request of the Independent Police Oversight Authority.

(5)

Notwithstanding subsection (4)(e) the Authority may at any time intervene and take over the investigations when they have reason to believe the investigations are inordinately delayed or manifestly unreasonable.

(6)

The Unit may recommend the following disciplinary actions to the Inspector General—

(a)

the interdiction of an officer;

(b)

the suspension of an officer;

(c)

the administration of a severe reprimand or a reprimand to control or influence the pay, allowances or conditions of service of an officer; or

(d)

any other lawful action.

(6A)

Where the Unit recommends disciplinary action, it shall submit a copy of the recommendations to the Commission.

(6A)

The Inspector-General may in exceptional cases and in the interest of the service, authorise the unit to undertake disciplinary proceedings against any officer who has been a subject of its investigations, and may for that purpose direct a Deputy Inspector-General or the Director of the Unit to appoint an officer to preside over such proceedings.

(7)

The Unit shall be located in separate offices from the rest of the Service.

(8)

The Director shall assign a senior investigating officer in every county who shall be responsible for police internal affairs in that county.

(9)

The Units shall report directly to the Assistant Inspector-General who shall subsequently report directly to the Inspector-General.

(10)

There shall be an effective relationship and regular reporting by the Internal Affairs Unit to the Independent Police Oversight Authority, Coroners, the Chief Firearms Licensing Officer as well as the Commission.

(11)

The Unit shall not be subject to the control, direction or command of the Kenya Police, Administration Police or the Directorate.

[Act No. 11 of 2014, s. 36, Act No. 19 of 2014, s. 92, Act No. 25 of 2015, Sch.]
88.
Disciplinary offences
(1)

A police officer in the Service shall be subject to the law and regulations from time to time in force relating to the Service.

(2)

The offences against discipline include the offences prescribed under the Eighth Schedule.

(3)

A police officer who commits a criminal offence, as against law shall be liable to criminal proceedings in a court of law.

(3A)

A police officer convicted of an offence under subsection (3) shall be liable to imprisonment for a term not less than ten years and not more than twenty years.

(4)

deleted by Act No. 25 of 2015, Sch.

[Act No. 11 of 2014, s. 37, Act No. 19 of 2014, s. 93, Act No. 25 of 2015, Sch.]
88A.
Interdiction

Where a police officer is interdicted from duty in accordance with Force Standing Orders or any other written law, the officer’s appointment shall not cease only because of such interdiction. Provided that the powers, privileges and benefits vested in him as a police officer shall, during his interdiction, be in abeyance, but the officer shall continue to be subject to the same discipline and penalties, and to the same authority, as if he had not been interdicted.

[Act No. 25 of 2015, Sch.]
89.
Penalties for disciplinary offences
(1)

A police officer who commits an offence against discipline is liable to be punished by—

(a)

reprimand;

(b)

suspension;

(c)

an order of restitution;

(d)

stoppage of salary increments for a specified period of time, but not exceeding one year;

(e)

reduction in rank;

(f)

dismissal from the Service; or

(g)

any combination of the punishments provided under this section.

(h)

confinement to barracks or police residential quarters;

(i)

reduction of salary by not more than one third of the basic salary for a period not exceeding for three months; and

(j)

a fine not exceeding a third of basic salary.

(2)

The police officer authorized to impose a penalty for a disciplinary offence, shall enter a record of such punishment, the date of the punishment and the offence for which it was inflicted on the record sheet of the police officer punished, a copy of which shall be forwarded to the Commission for review and confirmation.

(3)

All disciplinary proceedings under this Part shall be in accordance with the Service Standing Orders as approved by the Commission and shall comply with Article 47 of the Constitution.

(4)

A police officer facing disciplinary action may be accompanied by another police officer of his choice for assistance and support:

Provided that such an officer is not of a senior rank to the presiding officer.

(5)

A member of the Service aggrieved by a decision made under this section may appeal to the Commission in accordance with the procedure laid out by Regulations made by the Commission in consultation with the Inspector-General.

(6)

The sanctions under subsection (1) (e) and (f) only take effect after approval and confirmation by the Commission.

(6A)

An officer recommended for dismissal under disciplinary proceedings shall be suspended from duty, pending the final decision of the Commission.

[Act No. 11 of 2014, s. 38, Act No. 25 of 2015, Sch.]
90.
Power to summon witnesses
(1)

A police officer empowered to inquire into offences against discipline may summon and examine police officers or other persons as witnesses on oath or affirmation and require the production of relevant documents in any matter connected to the inquiry, and may adjourn any such inquiry from time to time as he may consider fit.

(2)

Any person summoned as a witness under subsection (1) who fails to attend at the time and place specified in the summons, or, having attended, refuses to answer any questions that are lawfully put to him (other than questions which may incriminate him) or fails without reasonable cause to produce any document, commits an offence.

Provided that where the person is a police officer, he or she shall be deemed to have committed an offence.

[Act No. 25 of 2015, Sch.]
91.
Recovery of fines by deduction from salary
(1)

A fine imposed for an offence against discipline shall be recoverable by one or more deductions from the monthly salary payable to the officer on whom the fine is imposed.

(2)

Notwithstanding subsection (1), no deduction, nor the aggregate of deductions, if more than one fine is outstanding at the same time, shall exceed one-fourth of the gross salary payable in any month.

92.
Loss or damage to property to be made good by recovery from
pay
(1)

Notwithstanding anything contained in any other law, if any officer pawns, sells, losses by neglect, makes away with or willfully or negligently damages any article entrusted to or lawfully in the possession of the Service and supplied to him,or any property seized or taken charge of by him in the course of his duty, he may, in addition to any other penalty, be ordered to make good, either wholly or partially, the value of such property or the amount of such loss or damage, as the case may be, and such value or such amount may be recovered by deductions from his pay, including allowances, other than rent allowance and trade pay.

(2)

Notwithstanding subsection (1), any officer who pawns, sells, loses by neglect, makes away with or willfully or negligently damages any firearms, ammunition, accouterment or uniform commits an offence and is, on conviction, liable to imprisonment for term not exceeding five years, or a fine not exceeding five hundred thousand, or to both.

93.
Prohibition against officer being member of a trade union
(1)

A police officer shall not become a member of—

(a)

any trade union, or any body or association affiliated to a trade union; or

(b)

any body or non-police association the object or one of the objects of which is to control or influence the pay, pensions or terms and conditions of service in the Service,

other than an association established and regulated pursuant to Part IX of this Act.

(2)

For the avoidance of doubt, the rights and fundamental freedoms specified under Article 24 (5) of the Constitution, with regard to persons serving in the Service, are limited to the nature and extent specified in this Act or any other written law.

(3)

A Police officer who contravenes this section shall be dismissed from the Service and shall forfeit all rights to any pension or gratuity.

[Act No. 11 of 2014, s. 39.]
94.
Desertion
(1)

A police officer who absents himself from duty without leave or just cause for a period exceeding ten days shall, unless the contrary is proved, be considered to have deserted from the Service.

(2)

Upon reasonable suspicion that any police officer has deserted the Service, any police officer may arrest that officer without a warrant, and shall thereupon take him before a magistrate having jurisdiction in the area in which such person deserted or was arrested.

(3)

Any police officer who deserts from the Service commits an offence and is liable on conviction to summary dismissal or imprisonment for a term not exceeding two years.

[Act No. 19 of 2014, s. 91.]
95.
Prohibition against torture or cruel treatment
(1)

It shall be unlawful for a police officer to subject any person to torture or other cruel, inhuman or degrading treatment.

(2)

A police officer who subjects a person to torture commits a criminal offence and shall be liable on conviction to imprisonment for a term not exceeding twenty five years.

(3)

A police officer who subjects a person to cruel, inhuman or degrading treatment commits a criminal offence and is liable on conviction to imprisonment for a term not exceeding fifteen years.

95A.
National Police Service Disciplinary Board
(1)

There is established the National Police Service Disciplinary Board which shall consist of—

(a)

a person qualified to be appointed as a judge who shall be the presiding officer appointed by the Commission;

(b)

five other members appointed by Commission as follows—

(i) two members representing the Kenya Police Service;
(ii) two members representing the Administration Police Service;
(iii) one member representing the Directorate of Criminal investigations.
(2)

The Board shall—

(a)

inquire into matters related to discipline for officers of the rank of or above assistant superintendent brought to its attention by an officer of the Service,

(b)

undertake disciplinary proceedings in accordance with the regulations issued by the Commission;

(c)

determine and make recommendations to the Commission, including recommendation for summary dismissal, based on its findings.

(3)

In conducting an inquiry under subsection (2) (a), the Board may engage the services of any person or institution with expert knowledge in the matter to which the inquiry relates.

(4)

The Commission may establish such other subordinate Boards to be constituted as and when necessary at the respective Service commands at county, formation, unit and station levels which shall undertake disciplinary proceedings in accordance Service Standing Orders.

(5)

A subordinate Board shall inquire into matters related to discipline for officers of the rank of or below chief inspector brought to its attention by an officer of the Service.

[Act No. 19 of 2014, s. 95.]
PART XI – COMMUNITY POLICING FORUMS AND COMMITTEES
96.
Objects of community policing
(1)

The Service shall, in order to achieve the objects contemplated in Article 244 of the Constitution, liaise with communities through community policing initiatives, with a view to—

(a)

establishing and maintaining partnership between the community and the Service;

(b)

promoting communication between the Service and the community;

(c)

promoting co-operation between the Service and the community in fulfilling the needs of the community regarding policing;

(d)

improving the rendering of police services to the community at national, county and local levels;

(e)

improving transparency in the Service and accountability of the Service to the community; and

(f)

promoting policing problem identification and policing problem-solving by the Service and the community.

97.
Role of County Policing Authority in community policing
(1)

A County Policing Authority shall establish structures to implement community policing in all parts of the county so far as is appropriate.

(2)

The Authority shall be responsible for—

(a)

implementation of community policing policies and guidelines;

(b)

facilitation of training members of community policing within the county;

(c)

receiving reports from local community policing structures;

(d)

preparing county community policing reports for submission to the Cabinet Secretary.

98.
Establishment of area community policing committees and other
structures
(1)

A police officer in charge of an area shall, in consultation with stakeholders, be responsible for and facilitate the establishment of area community policing committees and other administrative structures.

(2)

An area community policing committee shall, subject to subsection (3), consist of representatives of community policing forums in the area concerned elected for that purpose by such policing forums.

(3)

A station commander or administrative police post commander and the members elected by the community from time to time for that purpose shall be members of the area community policing committee concerned.

(4)

Where appropriate, both the administration police and the Kenya police shall establish joint committees or other structures.

99.
Functions of community policing committees and other structures

A community policing committee or other structure shall perform the functions it considers necessary and appropriate to achieve the objects contemplated in section 96 which may include the functions contemplated in Article 244(e) of the Constitution.

100.
Procedural matters
(1)

The members of every community shall elect as a chairperson and a vice-chairperson from amongst their number.

(2)

The chairperson shall be a civilian member while the vice chairperson shall be a police officer.

(3)

The Committee shall determine its own procedure and cause minutes to be kept of its proceedings; and

(4)

Whenever it deems it necessary, co-opt other members, experts, community leaders to the committee in an advisory capacity.

(5)

Members of community policing forums and committees shall render their services on a voluntary basis and shall have no claim to compensation solely for services rendered to such forums and committees.

(6)

The quorum for a meeting of the Committee shall be the majority of the members thereof.

(7)

The chairperson of a committee shall preside at every meeting at which present, but if the chairperson is absent from a meeting, the vice-chairperson shall preside, and if both the chairperson and vice-chairperson are absent, the members present shall elect one from among their own number to preside.

PART XII – OFFENCES GENERALLY
101.
Impersonation of police officer or wearing police uniform,
etc.
(1)

A person other than a police officer who, without the written authority of the Inspector-General—

(a)

puts on or assumes, either in whole or in part, the uniform, name, designation or description of a police officer, or a uniform, name or designation, resembling or intended to resemble the uniform, name or designation of a police officer; or

(b)

in any way pretends to be a police officer for any purpose which he would not by law be entitled to do of his own authority,

commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to a term of imprisonment not exceeding ten years, or to both.

(2)

Notwithstanding subsection (1) a person may, with the approval of the Inspector-General use police uniforms for artistic purposes.

102.
Obtaining admission to the Service by fraud
(1)

A person who, for the purposes of obtaining admission into the Service, knowingly—

(a)

uses or attempts to pass off a forged or false certificate, letter or other document; or

(b)

makes a false answer to a question which is put to him by a police officer,

commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both.

(2)

A police officer may without a warrant arrest a person the police officer reasonably believes has committed an offence under this section.

103.
Assault in execution of duty

Any person who—

(a)

assaults, resists or willfully obstructs a police officer in the due execution of the police officer’s duties;

(b)

assaults, resists or willfully obstructs any person acting in aid of the police officer;

(c)

attacks an animal belonging to the Service; or

(d)

intentionally or recklessly, destroys police property,

commits an offence and shall be liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding ten years, or to both.

PART XIII – PROVISION FOR ADDITIONAL OFFICERS
104.
Private use of police officers
(1)

The Inspector-General may on application by any person, station an officer for duty at such place and for such period as the Inspector-General may approve.

(2)

Notwithstanding subsection (1), the Inspector-General shall only deploy an officer for private use for the protection of public good or interest.

(3)

The monies paid for the private use of the police as specified in subsection (1) shall be paid to the Treasury.

(4)

The Inspector-General shall make regulations generally to give effect to this section.

105.
Deployment of additional officers on private property

Where the Inspector-General reasonably considers that the deployment of additional officers in any place is necessary—

(a)

for the safety of the private property of any person;

(b)

in the interests of any person; or

(c)

that there is a reasonable apprehension of a breach of the peace in connection with any such private property;

the Inspector-General may station officers for duty on such property place and for such period as the Inspector-General may consider necessary.

106.
Additional officers for disturbed or dangerous areas
(1)

The Cabinet Secretary may, after consultation with the National Security Council, by notice in the Gazette, and in such other manner as he may direct, declare that an area of Kenya is in a disturbed or dangerous state, or that, by reason of the conduct of the inhabitants of such area or any class or section of such inhabitants, it is expedient to increase the number of police officers stationed in such area.

(2)

Upon publication of a notice under subsection (1) the Inspector-General may—

(a)

by order published in the Gazette and in other such manner as the Inspector-General may consider appropriate to bring it to the notice of the persons affected thereby prohibit the possession of arms in the area and order the surrender of all such arms, by all or such of the inhabitants of the area, as may be specified; and

(b)

station an additional number of officers in the area.

(3)

An order made under subsection (2)(a) requiring the surrender of arms shall specify the times and places at which, and the persons to whom, such surrender shall be made, and shall provide for the safe custody of all arms surrendered, and for return upon revocation or termination of the notice under subsection (1).

(4)

If a police officer in any area in which all or any arms have been ordered to be surrendered under subsection (2)(a), has reasonable cause to believe that the delay which would occur in obtaining a search warrant would, or would tend to, defeat the purposes of this section, the police officer may, without warrant, enter and search any land, premises or place in or upon which he has reason to believe any arms ordered to be surrendered may be found, and may seize any such arms.

(5)

A police officer entering upon any land, premises or place under subsection (4) shall, if required to do so by the occupier thereof, produce to the occupier the officer’s certificate of appointment.

(6)

Every notice issued under subsection (1) shall state the period for which it is to remain in force, and may, at any time, be withdrawn or continued in force for such further period as the Cabinet Secretary may, in each case, by notice in the Gazette, direct.

(7)

In this section, “inhabitants” means all persons who, by themselves or their agents, servants or tenants, occupy or have a lawful interest in any land within an area specified in a notice issued under subsection (1).

PART XIV – RECIPROCAL ARRANGEMENTS WITH RECIPROCATING COUNTRIES
107.
Reciprocating country defined

In this Part, “reciprocating country” means any country which the President may, being satisfied that the law of that country contains provisions reciprocal to this Part and that Kenya is or shall be declared a reciprocating country for the purpose of those provisions, by notice in the Gazette, declare to be a reciprocating country for the purposes of this Part.

108.
Service of officers in reciprocating country
(1)

The President may, on the application of the Government of a reciprocating country, order such number of police officers as the President may think fit to proceed to that country for service therein for the purpose of assisting the police service of that country in a temporary emergency.

(2)

Where a police officer is punished under the law of a reciprocating country, or under any provisions of this Act applied by the law of a reciprocating country to a police officer whilst present therein, for any offence (whether against discipline or otherwise) committed by him while he was present in that country in pursuance of this Part, he shall be deemed for all purposes to have been punished in Kenya for a similar offence committed within Kenya.

109.
Service of police officers of reciprocating country in Kenya
(1)

The President may make application to the Government of a reciprocating country for police officers of that country to be sent to Kenya for service therein for the purpose of assisting the Service in a temporary emergency.

(2)

Whenever police officers from a reciprocating country are present in Kenya in pursuance of an application made under subsection (1)—

(a)

the police officers shall be under the command of a senior officer of the Service;

(b)

they shall have and may exercise the powers, and shall be liable to perform the duties, of police officers of equivalent rank in the Service, and shall for that purpose be deemed to be members of the Service;

(c)

any contract of service between such an officer and his Government may be enforced in Kenya in the same way and with the same effect as if it were made between the officer and the Government of Kenya.

(3)

The Inspector-General shall make Regulations on the use of firearms or security equipment of foreign police services in Kenya.

[Act No. 11 of 2014, s. 40.]
PART XV – THE NATIONAL POLICE RESERVE
110.
Composition of the Reserve
(1)

The National Police Reserve (hereinafter referred to as “the Reserve”) shall consist of such persons resident in Kenya (other than serving members of the Kenya disciplined services) as, having attained the age of eighteen years but not above the fifty five years volunteer for service and are enrolled as reserve police officers.

(2)

The National Security Council shall determine the maximum number Reserve police officers.

(3)

The Reserve may be deployed in Kenya to assist the Kenya Police Service or the Administration Police Service in their respective mandates including in the—

(a)

maintenance of law and order;

(b)

preservation of peace;

(c)

protection of life and property;

(d)

prevention and detection of crime;

(e)

apprehension of offenders; and

(f)

enforcement of all laws and regulations with which the Service is charged.

(3A)

The police reserve officers shall—

(a)

be provided with proper uniform, service identity cards and weapons;

(b)

be deployed in specific areas, with defined commands and supervision structures; and

(c)

undergo vetting and training before deployment.

(4)

A person serving as a Reserve police officer shall be bound by the same requirements as a police officer and shall be supervised by the Service.

(5)

The Commission shall keep, maintain and update a database of all the officers of the Reserve police officers.

(6)

The Commission shall upon the commencement of this Act, vet all existing Reserve police officers to assess their suitability and competence, and any such officer who fails the vetting shall not continue to serve the Service.

(7)

The Inspector-General shall, undertake the training of police reserve officers to ensure that they are conversant with the relevant provisions of the Constitution and this Act.

[Act No. 11 of 2014, s. 41, Act No. 25 of 2015, Sch.]
110A.
Police Reserve command structure

The Inspector-General shall on the advice of the Service Board from time to time determine the command structure of the police reserve in a particular area.

[Act No. 11 of 2014, s. 42.]
110B.
Relationship between Reserve Police Officers and regular
Service Personnel

The Inspector-General may, by regulations, make further provision on any matter related to the command of the police reserve and in particular, specify how the reserve police officers shall relate with regular Service personnel on normal and on joint Service operation.

[Act No. 11 of 2014, s. 42.]
110C.
Recruitment and deployment of police reserve officers

Police reserve officers shall be—

(a)

recruited by the Commission upon recommendation and in consultation with the Inspector-General; and

(b)

deployed in such areas as the Inspector-General in consultation with the National Security Council may deem necessary.

[Act No. 11 of 2014, s. 42.]
111.
Certificate of appointment for Reserve police officers
(1)

A certificate of appointment, in such form as may be prescribed, shall be issued to every Reserve police officer and shall be evidence of the appointment under this Act.

(2)

A Reserve police officer shall be recruited, in accordance with the rules and regulations developed by the Commission.

(3)

A Reserve officer shall be enlisted and trained by the Inspector-General.

[Act No. 11 of 2014, s. 43.]
112.
Period of service in the Reserve
(1)

Every reserve police officer enrolled under this Act shall serve for a period of five years and shall not be re-engaged.

(2)

Notwithstanding subsection (1), where there is a state of war or a state of emergency under Article 58 of the Constitution, every Reserve police officer shall serve for the duration of the war or emergency, or for as long as the regulations are in force, as the case may be, or for such lesser period as the Inspector-General may in any case or class of cases consider appropriate.

[Act No. 11 of 2014, s. 44, Act No. 25 of 2015, Sch.]
113.
Deployment and calling
(1)

The head of the National ice Service in the county may, in writing, require any Reserve police officer resident in the county to perform the duties of a police officer.

(2)

The Inspector-General may, in consultation with the Cabinet Secretary, call out all or any Reserve police officers during a state of war or a state of emergency under Article 58 of the Constitution, and when so called out they shall remain on duty until released from duty by the Inspector-General.

(3)

The Inspector-General shall require any Reserve police officer called out under subsection (2) to undergo such training as the Inspector-General may determine.

[Act No. 11 of 2014, s. 45.]
114.
Disciplinary powers over Reserve officers

A police reserve officer shall be subject to discipline in accordance with standing orders, rules and regulations of the Service.

[Act No. 11 of 2014, s. 46.]
115.
Pay and allowances
(1)

Without prejudice to subsection (2), a reserve police officer shall be paid such remuneration and allowances as the Commission shall, in consultation with the Salaries and Remuneration Commission, determine.

(2)

When mobilized pursuant to section 113(2), a Reserve police officer shall receive such pay and allowances as may be prescribed for a police officer of corresponding rank and seniority in such rank.

[Act No. 11 of 2014, s. 47.]
PART XVI – FINANCIAL PROVISIONS
116.
Allocations of Funds
(1)

The National Assembly shall allocate adequate funds to enable the Service to perform its functions and the budget for the Service shall be a separate vote.

(2)

The Inspector-General shall ensure that every police station, post, outposts, unit, unit base and county authority is allocated sufficient funds to finance its activities.

117.
Funds of the Service
(1)

The funds of the Service shall consist of—

(a)

monies allocated by the National Assembly for the purposes of the Service; and

(b)

such monies as may be lawfully granted, donated or lent to the Service from any other source, with the approval of the Cabinet Secretary and the Cabinet Secretary responsible for finance.

(2)

All funds given to the Service under subsection (1)(b) shall be made public.

118.
Financial year

The financial year of the Service shall be—

(a)

the period commencing on the date when this Act comes into force ending on the thirtieth of June next following; and

(b)

subsequently, the period of twelve months ending on the thirtieth June of each year.

119.
Annual estimates
(1)

At least three months before the commencement of each financial year, the Inspector-General shall cause to be prepared the estimates of the revenue and expenditure of the Service for that year.

(2)

The annual estimates shall make provision for all the estimated expenditure of the Service for the financial year concerned, and in particular shall provide for—

(a)

the payment of salaries, allowances and other charges in respect of the staff of the Service;

(b)

the payment of pensions, gratuities and other benefits which are payable out of the funds of the Service;

(c)

the maintenance of the assets of the Service;

(d)

the funding of operations, training, research and development of activities of the Service;

(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 Service may consider appropriate.

120.
Approval of annual estimates

The annual estimates shall be approved by the Service 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 Service shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary.

121.
Expenditure

No expenditure shall be incurred for the purposes of the Service except in accordance with funds voted or appropriated by the National Assembly.

122.
Accounts and audit
(1)

The Service shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Service.

(2)

Within a period of three months after the end of each financial year, the Service shall submit to the Auditor General the accounts of the Service in respect of that year together with—

(a)

a statement of the income and expenditure of the Service during that year; and

(b)

a statement of the assets and liabilities of the Service on the last day of that financial year.

(3)

The annual accounts of the Service 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).

PART XVII – MISCELLANEOUS PROVISIONS
123.
Police station to be lock-up
(1)

Every police station shall be deemed to be a lock-up in which a person suspected of having committed an offence may be temporarily detained.

(2)

In every police station there shall be provided a secure place for detention.

(3)

Detention shall be carried out in accordance with the requirements as set out in the Fifth Schedule

124.
Regulations by the Commission
(1)

The Commission may make regulations for the better carrying out of the purposes of this Act, and in particular for—

(a)

regulating the hours of duty for police officers and the keeping and signing of records of attendance;

(b)

regulating and co-ordinating duties to be performed by police officers;

(c)

regulating the granting of leave to police officers;

(d)

prescribing arrangements and procedures for providing, assisting in or co-co-ordinating staff development programmes; and

(e)

the employment of civilian staff within the Service.

125.
Regulations by the Inspector-General

The Inspector-General may make regulations for the better carrying into effect of the purposes of this Act, including for—

(a)

the description and issue of arms, ammunition, uniform, accoutrements and necessaries to be supplied to the Service;

(b)

prescribing and providing the use of powers under this Act;

(c)

generally for the good order and management of the Service; and

(d)

the structure of the command of the Service.

[Act No. 11 of 2014, s. 48.]
126.
Role of Cabinet Secretary
(1)

The Cabinet Secretary shall be responsible for—

(a)

providing policy guidelines to the Service;

(b)

monitoring and evaluating the performance of the functions of the Service;

(c)

inspecting the facilities of the Service;

(d)

facilitating the involvement of the public in the activities of the Service;

(e)

facilitating the functioning of the county policing authorities;

(f)

receiving regular reports from the county policing authorities; and

(g)

developing Regulations relating to the setting of standards of recruitment, training of police and use of police services.

(2)

The Cabinet Secretary shall—

(a)

set up an inspectorate for purposes of monitoring compliance with the policy, overall performance and functioning, of the county policing authorities;

(b)

establish a Police Reform Unit for ensuring continuous and sustainable police reforms;

(c)

develop guidelines on the promotion of human rights by the Service and in particular making police premises accessible and equipped to enable them to support—

(i) child protection;
(ii) persons with disabilities; and
(iii) persons with special needs.[Act No. 11 of 2014, s. 49.]
127.
Role of the National Security Council

Pursuant to Article 240(3) and (6) of the Constitution, the National Security Council shall exercise supervisory control and perform the following functions with respect to the Service—

(a)

integrate the national and foreign policies relating to national security into the policing policy and programmes in order to enable the Service to co-operate with other national security organs and to function effectively;

(b)

assess and appraise the objectives, commitments and risks to the country in respect of actual and potential national security capabilities.

128.
Regulations, Rules, etc.
(1)

All regulations, rules or any other form of subsidiary legislation or guidelines made under this Act shall be published in the Gazette and notified to the public.

(2)

Notwithstanding subsection (1), the Cabinet Secretary may make regulations generally to provide for classification of information held by the Service including any regulations, rules or any other form of subsidiary regulations made under this Act.

(3)

The categories of classified information referred to under subsection (2) may include—

(a)

“top secret” which means information whose unauthorized disclosure would cause exceptionally grave damage to the interests of the State;

(b)

“secret” which means information whose unauthorized disclosure would cause serious injury to the interests of the State;

(c)

“confidential” which means information whose unauthorized disclosure would be prejudicial to the interests of the State; and

(d)

“”restricted” which means information whose unauthorized disclosure would be undesirable in the interests of the State.

[Act No. 11 of 2014, s. 50.]
129.
General penalty

Any person who commits an offence under this Act for which no other penalty is expressly provided shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding five hundred thousand shillings or to both.

PART XVIII – REPEALS AND SAVINGS
130.
Repeal of Cap. 84 and Cap. 85

The Police Act (Cap. 84) and the Administration Police Act (Cap. 85) are repealed.

131.
Saving and transitions

Notwithstanding section 130

(a)

any reference to the Police Act (Cap. 84) or the Administration Police Act (Cap. 85) under any written law shall be construed as a reference to this Act.

(b)

any regulation or standing order or other administrative measure taken or issued under the Police Act or the Administration Police Act in force immediately before the commencement of this Act, shall be deemed to have been made and issued under this Act.

(c)

all Standing Orders, Rule or Regulations existing before the commencement of this Act shall be reviewed, amended or revised to conform to the provisions of the Constitution and this Act within twelve months after coming into force of this Act.

132.
Continuous and sustainable police reforms
(1)

The Inspector-General shall put in place a system of ensuring continuous and sustainable police reforms with regard to Service operational matters.

(2)

The Cabinet Secretary may put in place a system of ensuring continuous and sustainable police reforms with regard to policy matters.

FIRST SCHEDULE

[Sections
22.]
RANKING STRUCTURE IN THE KENYA POLICE SERVICE
1.

Deputy Inspector-General.

2.

Assistant Inspector-General.

3.

Senior Superintendent.

4.

Superintendent.

5.

Assistant Superintendent.

6.

Chief Inspector.

7.

Inspector.

8.

Senior Sergeant.

9.

Sergeant.

10.

Corporal.

11.

Constable.

FIRST SCHEDULE

[Section
22, Act No. 11 of 2014, s. 51.]
RANKING STRUCTURE OF THE NATIONAL POLICE SERVICE
1.

Inspector-General.

2.

Deputy Inspector-General.

3.

Senior Assistant Inspector-General.

4.

Assistant Inspector-General.

5.

Senior Superintendent.

6.

Superintendent.

7.

Assistant Superintendent.

8.

Chief Inspector.

9.

Inspector.

10.

Senior Sergeant.

11.

Sergeant.

12.

Corporal.

13.

Constable.

SECOND SCHEDULE

[Sections
25.]
RANKING STRUCTURE IN THE ADMINISTRATION POLICE SERVICE
1.

Deputy Inspector-General.

2.

Assistant Inspector-General.

3.

Senior Superintendent.

4.

Superintendent.

5.

Assistant Superintendent.

6.

Chief Inspector.

7.

Inspector.

8.

Senior Sergeant.

9.

Sergeant.

10.

Corporal.

11.

Constable.

SECOND SCHEDULE

Repealed by Act No. 11 of 2014, s.
52.

THIRD SCHEDULE

[Section
12, 13(7).]
PROCEDURE FOR FIRST APPOINTMENT OF THE INSPECTOR-GENERAL
AND DEPUTY INSPECTOR-GENERAL
1.

The President shall, within fourteen days after the commencement of this Act, constitute a selection panel comprising one person from each of the following bodies respectively—

(a)

the Office of the President;

(b)

the Office of the Prime Minister;

(c)

the Judicial Service Commission;

(d)

the Commission for the time being responsible for matters relating anti-corruption;

(e)

the Kenya National Commission on Human Rights;

(f)

the Commission for the time being responsible for matters relating to gender; and

(g)

the Association of Professional Societies in East Africa.

2.

The Public Service Commission shall—

(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

(b)

provide the selection panel with such facilities and other support as it may require for the discharge of its functions.

3.

The selection panel shall, within seven days of its convening, under paragraph 2, 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 Inspector-General and Deputy Inspectors-General under Article 245(2) of the Constitution and this Act.

4.

The selection panel shall—

(a)

consider the applications received under paragraph (3) to determine their compliance with the provisions of the Constitution and this Act;

(b)

shortlist the applicants;

(c)

publish the names of the shortlisted applicants and the qualified applicants in at least two daily newspapers of national circulation; and

(d)

conduct public interviews of the shortlisted persons;

(e)

shortlist three qualified applicants for each position; and

(f)

forward the names of the qualified persons under sub-paragraph (e) to the President.

5.

The President shall, if he approves, within fourteen days of receipt of the names of successful applicants forwarded under paragraph (4)(f), nominate the Inspector-General and forward the name of the person so nominated to the National Assembly for approval.

6.

The National Assembly shall, within twenty-one days of the day it next sits after receipt of the name of the nominee under paragraph 5, vet and consider the nominee, and may approve or reject the nominee.

7.

Where the National Assembly approves of the nominee, the Speaker of the National Assembly shall forward the name of the approved nominee to the President for appointment.

8.

The President shall, within seven days of receipt of the approved nominee from the National Assembly, by notice in the Gazette, appoint the Inspector-General so approved by the National Assembly.

9.

Where the National Assembly rejects any nomination, the Speaker shall within three days communicate its decision to the President and request the President to submit a fresh nomination.

10.

Where a nominee is rejected by the National Assembly under paragraph 9, the President shall within seven days, submit to the National Assembly a fresh nomination from amongst the persons shortlisted and whose names are forwarded by the selection panel under paragraph 4.

11.

If the National Assembly rejects any or all of the subsequent nominees submitted by the President for approval under paragraph 10, the provisions of paragraphs (1) to (6) shall apply.

12.

In shortlisting, nominating or appointing persons as Inspector-General and Deputy Inspectors-General, the selection panel, the National Assembly and the President shall ensure that not more than two-thirds of the members are of the same gender.

13.

The selection panel may, subject to this section, determine its own procedure.

14.

After the first general elections under the Constitution, the member of the selection panel under paragraph 1(b) shall be replaced by a representative of the Public Service Commission.

15.

The selection panel shall stand dissolved upon the appointment of the Inspector-General and Deputy Inspector-Generals under paragraph 9.

16.

Where the provisions of paragraph 11 apply, the selection panel shall continue to exist but shall stand dissolved upon the requisite appointments being made under paragraph 12.

THIRD SCHEDULE


Repealed by Act No. 11 of 2014 , s. 53 .

FOURTH SCHEDULE

[Section 19.]
OATH/AFFIRMATION OF OFFICE

I, ………………………………………………….. do swear/do solemnly and sincerely affirm that I will be faithful and bear true allegiance to the Constitution and the President of Kenya during my service in the Kenya Police/Administration Police/Police Reserve/Directorate of Criminal Investigation …………………………………….. without favour or affection, malice or ill will; that I will at all times do my utmost to reserve the peace and to prevent offences against the peace; that while I shall continue to hold the said office, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law and will not; I will subject myself to the Constitution, all Acts, orders and regulations now or in future in service relating to my service in the Kenya Police Service/Kenya Administration Police/Reserve; and that I will discharge all the duties of a police officer according to law, without fear, favour, affection or ill-will. (SO HELP ME GOD).

OATH/AFFIRMATION OF SECRECY

I ………………………………………………. (full names) DO HEREBY SWEAR BY THE ALMIGHTY GOD/SOLEMNLY AND SINCERELY AFFIRM THAT I will not, without due authority, disclose or make known to any person any information acquired by me by reason of the duties performed by me on behalf or under the direction of the National Police Service or by reason of any office or employment held by me pursuant to the National Police Service Act. SO HELP ME GOD.

FIFTH SCHEDULE

[Section 59(2).]
ARREST AND DETENTION RULES
1.

In the performance of the functions and exercise of the powers of arrest and detention set out in the Constitution and this Act or any other law, a police officer shall carry out an arrest and detention only as provided for in law.

2.

A police officer shall accord an arrested or detained person all the rights set out under Articles 49, 50 and 51 of the Constitution.

3.

Force shall only be used in accordance with the Sixth Schedule.

4.

Every police station shall have a lock-up facility for detaining arrested persons.

5.

A lock-up facility shall have—

(a)

hygienic conditions conducive for human habitation;

(b)

adequate light, toilet and washing facilities and outdoor area;

(c)

men and women will be kept separately;

(d)

juveniles and children will be kept separately from adults; and

(e)

police detainees will be kept separately from convicted prisoners.

6.

A police officer shall only carry a firearm into a lock-up in accordance with the law.

7.

A detained person shall be entitled to enjoy all the rights that do not relate to the restriction of liberty.

8.

A police officer in charge of a police station or other place of detention shall—

(a)

maintain a register into which the following particulars in respect of detained persons shall be entered—

(i) name;
(ii) reasons for the arrest and detention;
(iii) date and time of the arrest and detention;
(iv) date and time of first appearance before a court;
(v) identity of the arresting officer;
(vi) date and time for interrogations and identity of interrogators;
(vii) date and time of any transfer of the detainee to another place of detention.
(b)

appoint an officer who shall be responsible for the detainees’ welfare and for updating the register.

9.

A detained person shall have the right to—

(a)

communicate with and receive visits of members of the family subject only to reasonable conditions and restrictions (when exceptional needs of the investigation so require) which shall be spelt out in the Standing Orders subject to the approval from the Ministry;

(b)

inform family members of the arrest and detention and place of detention;

(c)

access to doctors and general medical assistance when required; and

(d)

lodge complaints against ill-treatment and the right to compensation, which shall be investigated by the Independent Policing Oversight Authority, but in any event never by officers from the respective police station.

10.

No detained person shall be held in any other place except a designated lock-up facility.

11.

A lock-up facility shall be open for inspection, including unannounced visits by both the Independent Police Oversight Authority and the Cabinet Secretary or their representatives.

12.
(1)

In the case of unannounced visits contemplated in paragraph 11—

(a)

officers responsible for the facility shall cooperate fully with the persons making the visit;

(b)

recommendations may be made for improvement, which shall be binding upon the Police;

(c)

the detained person shall be entitled to communicate freely and confidentially with persons making the visit.

(2)

Any officer referred to in sub-paragraph (1) who fails to comply with the requirements set out therein commits an offence.

13.

Whenever a detained person dies in custody, the officer in charge shall notify the Independent Police Oversight Authority and any other body required by law to be so notified for purposes of investigations.

14.

A police officer who contravenes the provisions of this Schedule shall be personally guilty of a disciplinary offence and may be tried for a criminal offence.

SIXTH SCHEDULE

[Section
61(2).]

A – CONDITIONS AS TO THE USE OF FORCE

1.

A police officer shall always attempt to use non-violent means first and force may only be employed when non-violent means are ineffective or without any promise of achieving the intended result.

2.

The force used shall be proportional to the objective to be achieved, the seriousness of the offence, and the resistance of the person against whom it is used, and only to the extent necessary while adhering to the provisions of the law and the Standing Orders.

3.

When the use of force results in injuries—

(a)

the police officers present shall provide medical assistance immediately and unless there are good reasons, failing to do so shall be a criminal offence; and

(b)

shall notify relatives or close friends of the injured or affected persons.

4.

A police officer who uses any form of force shall immediately, report to the officers’ superior explaining the circumstances that necessited the use of force and the supervisor shall judge the rightfulness and decide on the next step, subject to these regulations.

5.

Any use of force that leads to death, serious injury and other grave consequences shall be reported immediately by the officer in charge or another direct superior of the person who caused the death or injury, to the Independent Police Oversight Authority who shall investigate the case.

6.

The Inspector-General shall not be precluded by virtue of paragraph (5) from conducting investigations into the matter.

7.

A police officer who makes a report to the Independent Police Oversight Authority in accordance with paragraph (5) shall—

(a)

secure the scene of the act for purposes of investigations; and

(b)

notify the next of kin, their relative or friend of the death or injury as soon as reasonably practical.

8.

It shall be a disciplinary offence for a police officer to fail to report in accordance with these regulations.

9.

An officer shall not tamper or otherwise damage any evidence from the scene of the act.

10.

A Police officer in uniform shall at all times affix a nametag or identifiable Service number in a clearly visible part of the uniform

11.

Following the orders of a superior is no excuse for unlawful use of force.

12.

The Cabinet Secretary responsible for Internal Security and the Inspector-General shall make regulations for giving further direction on the lawful use of force, and the regulations shall include, among other things—

(a)

a list of lawful means to use force;

(b)

training requirements to be allowed to use these means;

(c)

procedures for reporting the use of the means of force, indicating whether the use of such means was necessary or not.

B – CONDITIONS AS TO THE USE OF FIREARMS

1.

Firearms may only be used when less extreme means are inadequate and for the following purposes—

(a)

saving or protecting the life of the officer or other person; and

(b)

in self-defence or in defence of other person against imminent threat of life or serious injury.

2.

An officer intending to use firearms shall identify themselves and give clear warning of their intention to use firearms, with sufficient time for the warning to be observed, except—

(a)

where doing so would place the officer or other person at risk of death or serious harm; or

(b)

if it would be clearly inappropriate or pointless in the circumstances.

3.

A police officer shall make every effort to avoid the use of firearms, especially against children.

4.

Any use of firearm, even if there’s no injury, shall immediately be reported to the officer’s superior.

5.

Any use of fire arms that leads to death, serious injury and other grave consequences shall be reported by the officer in charge or another direct superior of the person who caused the death or injury, to the Independent Police Oversight Authority who shall investigate the case.

6.

The Inspector-General is not precluded by virtue of paragraph (4) from conducting investigations into the matter.

7.

A police officer who makes a report to the Independent Police Oversight Authority in accordance with paragraph (4) shall—

(a)

secure the scene of the act for purposes of investigations; and

(b)

notify the next of kin, their relative or friend of the death or injury as soon as reasonably practical.

8.

The Cabinet Secretary in consultation with the Inspector-General shall make further regulations on the use of firearms which shall include regulations—

(a)

that specify the circumstances under which police may carry firearms and the type of firearms and ammunition permitted;

(b)

that prohibit firearms and ammunition that cause unwarranted injury or present unwarranted risk;

(c)

to regulate the control, storage and issuing of firearms, including procedures that ensure that officers are accountable for the weapons and ammunition issued to them (in principle; don’t allow to take fire arms home and officers are provided by their superior with a fixed amount of ammunition and have to explain at any time when requested if bullets are missing);

(d)

for the selection, training and testing of officers authorised to carry firearms including techniques that could diffuse tension and reduce the likelihood of the need to use force in order to ensure that firearms are used appropriately and with the least risk of causing unnecessary harm;

(e)

to provide for testing of officers carrying fire arms at regular intervals, but at least once a year;

(f)

and provide for consequences when failing the test referred to under paragraph (e) which shall at least include that failing to pass the test shall result in losing the right to carry fire arms until the officer does pass the test; and

(g)

provide for a reporting system whenever officials use firearms in the performance of their duty.

C – SPECIFIC RESPONSIBILITIES OF SUPERIORS

1.

Superior officers should do everything in their power to prevent unlawful use of force or firearms, and when such unlawful use of fire arms does occur, they should report this immediately to the Independent Police Oversight Authority and to the Inspector-General.

2.
(1)

Refusing to carry out orders that include unlawful use of force should not be penalized and should not be a disciplinary offence.

(2)

Giving an order that would lead to the unlawful use of force is a disciplinary offence and may amount to a criminal offence.

(3)

The station commander, or any other relevant direct superior, shall, immediately after the death or serious injury of a person who at the time of his death or injury, was in police custody or under the control of the Police or in any way the death or serious injury was the result of police action or inaction which includes anyone who may have been injured or killed being a bystander during a police operation—

(a)

take all steps to secure evidence which may be relevant to that death;

(b)

immediately report the case to the Independent Police Oversight Authority, using the means of communication that guarantee there will be the least delay, and confirm this in writing no later than within 24 hours after the incident;

(c)

supply the Independent Police Oversight Authority with evidence of 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 Independent Police Oversight Authority should it decide to conduct an investigation; and

(d)

non-compliance with the above shall be an offence.

D – PREVENTING ESCAPE

1.

A police officer may use instruments of restraint to prevent the escape of a detainee or prisoner—

(a)

to prevent the escape of a detainee; and

(b)

to prevent the detainee from self-injury or injuring others or damaging property.

2.

An instrument of restraint may—

(a)

not be applied for longer than necessary to secure the purpose for which it is used;

(b)

not be used as a punishment; and

(c)

shall be removed immediately after the purpose for which it is used is achieved.

SEVENTH SCHEDULE

[Section 84(2).]
MATTERS TO BE INCLUDED IN THE RULES OF A POLICE ASSOCIATION
1.

The name of the Association and the place of meeting for its business.

2.

The objects for which the Association is to be established, the purposes for which its funds shall be applicable, and the conditions under which any member may become entitled to any benefit assured thereby, and the fines and forfeitures to be imposed on any member of the Association.

3.

The manner of making, altering, amending and rescinding rules.

4.

A provision for the appointment and removal of a general committee of management, of a trustee, treasurer and other officers.

5.

A provision for the investment of the funds, and for an annual or periodical audit of accounts.

6.

The inspecting of books and names of members of the Association and the general conduct of elections.

7.

The manner of dissolution.

8.

The protection of voting rights of members of the Association and the general conduct of elections.

9.

The powers, duties and functions of the Executive Committee of the Association.

10.

Method to resolve disputes between the members of the Association and the members of the Executive Committee.

11.

The prohibition against admission to membership with respect to a police officer who is a member of an appropriate recognized association.

EIGHTH SCHEDULE

[Section
88(2).]
OFFENCES AGAINST DISCIPLINE
1.

It shall be an offence against discipline for any police officer to—

(a)

unlawfully strike, or use or threaten violence against any police officer or any other person;

(b)

use any obscene, abusive or insulting language in any form to any police officer;

(c)

uses threatening or insubordinate or disrespectful language, word, act or demeanour to a police officer senior to him in rank;

(d)

cause a disturbance in any police premises;

(e)

be guilty of drunkenness while on duty;

(f)

drink intoxicating liquor or psychotropic substances or drugs, or smoke in uniform when actively engaged on duty in a public place;

(g)

willfully disobey any lawful command or order;

(h)

absent himself without leave;

(i)

be found sleeping while on duty;

(j)

leave his post or place of duty before he/she is regularly relieved, except in fresh pursuit of an offender who it is his/her duty to apprehend;

(k)

while under arrest or in detention, leave or escape from such arrest or detention before he/she is set at liberty by proper authority;

(l)

neglect or refuse to assist in the apprehension of any police officer charged with any offence, when lawfully ordered so to do;

(m)

resist any lawful arrest;

(n)

negligently allow any prisoner, who is committed to his charge, or whom it is his/her duty to guard, to escape;

(o)

discharge any weapon without orders or without reasonable lawful cause;

(p)

without reasonable cause, fail to attend at any parade, instruction class or court or any other duty which he is required to attend;

(q)

sell, pawn, lose by neglect, make away with or willfully or negligently damage, or fail to report any loss or damage to, any arm, ammunition, accoutrement, uniform or other article of personal issue or any vehicle or other property committed to his charge belonging to the Government or for which the Government is responsible; or

(r)

be in improper possession of any public or private property; or

(s)

commit any act of plunder or wanton destruction of any property;

(t)

be negligent in the performance of his duty;

(u)

appear on duty untidy or dirty in his/her person, arms, clothing or equipment;