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National Police Service Act

Kenya_natpol.pdfLAWS OF KENYA
Published by the National Council for Law Reporting
[Rev. 2012] No. 11A of 2011
3 [Issue 1] 1. Short title. 2. Interpretation. 3. Object of Act. 4. Composition of the Service. 5. Gender, ethnic and regional balance 6. Deployment of the Service. 7. Members of the Service. 8. Command of the Service.
10. Functions and powers of the Inspector-General.11. Qualifications for appointment of Inspector-Generaland Deput
12. Procedure for appointment of the Inspector-General. 13. Procedure for appointment of Deputy Inspector-General. 14. General provisions on recruitment of Inspector-General and Deputy Inspector-15. Removal of Inspector-General. 16. Temporar
17. Removal of Deput
18. Term of office. 19. Oath of office. 20. Vacancy and filling of vacancy. 21. Requirement for consultation. 22. Composition of the Kenya Police Service. 23. Functions of the Deputy Inspector-General of the Kenya Police Service. 24. Functions of the Ken
25. Composition of the Administration Police Service.26. Functions of the Deputy Inspector-General, Administration Police. 27. Functions of the Administration Police Service. 28. Establishment of the Directorate of Criminal Investi
29. Qualifications of the Director of Criminal Investi
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30. Procedure for appointment of the Director. 31. Removal of the Director. 32. Vacancy and filling of vacancy. 33. Staff of the Directorate.34. Functions of the Director. 35. Functions of the Directorate. 36. Funds of the Directorate. 37. Financial Year.
39.
40. Desi
41. County Policing Authority. 42. Meetings of the Authorities. 43. Payment of allowances. 44. Funds for County Policing Authorities. RS, OBLIGATIONS AND RIGHTS OF 45. Officer deemed to be on duty. 46. Ri
47. Limitation of rights and fundamental freedoms of police officers.
49. General powers of police officers. 50. Police records. 51. Obedience to orders and warrants and detection of crimes, etc.52. Power to compel attendance of witnesses at police station. 53. Power to require bond for attendance of court.54. Kenya Police to maintain order on roads, etc. 55. Power to take photo
56. Stoppage and detention. 57. Power to enter premises and stop vehicles, etc., without warrant. 58. Power to arrest without a warrant.
60. Power to search without warrant in special circumstances.61. Power to use firearms. 62. Non-liabilit
63. Custody of unclaimed property. 64. Power to apply for summons, etc. 65. Power to erect barriers. 66. Protection from personal liability. 67. Public propert
68. Surrender of public property on resignation, etc. 69. Restrictions on resi
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5 [Issue 1] 70. Powers, etc., whilst engaged on duties of prison officer. 71. Police officers prohibited from taking other employment. 72. Special police officers. 73. Oath of office. 74. Certificate of Appointment. 75. Leaving the Service. 76. Retirement from the Service. 77. Retention in Service. 78. Membership of International Or
79. Trainin
80. Trainin
81. Examinations and certification. 82. Representation of police officers. 83. Functions of police associations. 84. Recognized associations to make rules. 85. Registration requirements.
87. Internal Affairs Unit. 88. Disciplinary offences. 89. Penalties for disciplinary offences. 90. Power to summon witnesses. 91. Recovery of fines by deduction from salary. 92. Loss or damage to property to be made good by recovery from pay. 93. Prohibition against officer being member of a trade union. 94. Desertion. 95. Prohibition against torture or cruel treatment. 96. Objects of community policing. 97. Role of County Policing Authority in community policing. 98. Establishment of area community policing committees and other structures. 99. Functions of community policing committees and other structures. 100. Procedural matters. 101. Impersonation of police officer or wearin
police uniform,etc.102. Obtainin
103.
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104. Private use of police officers. 105. Deployment of additional officers on private property.
107. Reciprocating country defined. 108. Service of officers in reciprocating country. 109. Service of police officers of reciprocating country in Kenya. 110. Composition of the Reserve. 111. Certificate of appointment for Reserve police officers. 112. Period of service in the Reserve. 113. Deployment and calling. 114. Disciplinary powers over Reserve officers. 115. Pay and allowances.
117. Funds of the Service. 118. Financial year.
120.
121. Expenditure.
123. Police station to be lock-up. 124. Re
125. Re
126. Role of Cabinet Secretar
127. Role of the National Securit
128. Re
129. General penalty. 130. Repeal of Cap. 84 and Cap. 85. 131. Savin
132. Continuous and sustainable police reforms.FIRST SCHEDULE – RANKING STRUCTURE IN THE KENYA POLICE SECOND SCHEDULE – RANKING STRUCTURE IN THE ADMINISTRATION
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7 [Issue 1] THIRD SCHEDULE – PROCEDURE FOR FIRST APPOINTMENT OF THE INSPECTOR-GENERAL AND DEPUTY INSPECTOR-FOURTH SCHEDULE – OATH/AFFIRMATION OF OFFICE FIFTH SCHEDULE – ARREST AND DETENTION RULES SIXTH SCHEDULE CONDITIONS AS TO THE USE OF FORCE SEVENTH SCHEDULE – MATTERS TO BE INCLUDED IN RULES OF A EIGHTH SCHEDULE – OFFENCES AGAINST DISCIPLINE
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9 [Issue 1] Date of assent: 27th August, 2011.] [Date of commencement: 30th August, 2011.] [Corr. No. 69/2012. PART I – PRELIMINARY 1. Short title This Act may be cited as the National Police Service Act, 2011. 2. Interpretation (1) In this Act unless the context otherwise provides— “administration police officer” means an officer appointed to serve as a means the Service established under includes a geographical area, vward or community of interest as may be identified by the County Policing means the act of apprehending a person for suspected means the County Policing Authority established under “Cabinet Secretary” means the Cabinet Secretary for the time being means the National Police Service Commission “community policing committee” means a committee elected by a “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 and problem solving, while respecting the different responsibilities the police
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“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 means the Deputy Inspector-General means Directorate of Criminal Investigations established officer” means a police officer holding the rank of a means the Inspector-General appointed in “Kenya police officer” means an officer appointed to serve as a police “Kenya Police Service” means the Service established under Article “member of the Service” includes civilian members of staff of the “National Security Council” means the Council established under the means an Administration Police officer or a Kenya Police Officer, and includes officers of the Directorate of Criminal Investigations and means any location where police hold office or from means the National Police Service established in article 243 of means any act by which severe pain or suffering, whether (i) obtaining information or a confession from the person or from a third (ii) punishing the person for an act which that person or a third person (iii) intimidating or coercing the person or a third person; or (iv) for any reason based on discrimination of any kind,
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11 [Issue 1] when such pain or suffering is inflicted by or at the instigation of or with the Provided that torture does not include any pain or suffering arising from, (2) Despite subsection (1), until after the first general elections under the Constitution, references in this Act to the expression “Cabinet Secretary” shall be The object of this Act is to give effect to the provisions of Articles 238, 239, 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 (2) The Service shall consist of the ranks set out in the First and Second (3) Police officers shall have seniority according to their position as set out in (a) uphold the principle that not more than two-thirds of the (b) reflect the regional and ethnic 6. Deployment of the Service (1) The Service shall be deployed in Kenya for the performance of the (2) The National Security Council may, in case of an emergency, deploy the (3) For purposes of deploying the Service in case of an emergency under (1) All persons who were immediately before the commencement of this Act, officers or employees of the Kenya PoForce, 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
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(2) Notwithstanding subsection (1), all officers shall undergo vetting by the (3) The Commission shall discontinue the service of any police officer who (1) The Service shall be under the overall and independent command of the Inspector-General appointed in accordance with Article 245 of the Constitution (2) The Inspector-General may perform the functions or exercise the powers (a) shall be in writing; (b) shall be subject to any conditions the Inspector-General may (c) shall not divest the Inspector-General of the responsibility concerning the exercise of the powers or the performance of the (d) may be withdrawn, and any decision made by the person so (4) The Inspector-General shall give direction in situations of conflict between 9. Appointment of the Inspector-General and the Deputy Inspectors-pector-General in charge of Kenya eneral in charge of Administration Police Service, shall be appointed to office in accordance with Article 245 of the 10. Functions and powers of the Inspector-General (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 (f) determine the establishment and maintenance of police stations, posts, outposts, units or unit bases in the county and determine the (g) determine the distribution and deployment of officers in the Service and recommend to the Commission and the County Policing
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13 [Issue 1] (h) organize the Service at national level into various formations, units (i) recommend the establishment of, manage and maintain training institutions, centers or places for the training of officers joining the (j) commission research and benchmark against best practices; (k) issue guidelines on community policing and ensure co-operation ties it serves in combating (l) provide the command structure and system of the Service for the (m) subject to the Constitution and this Act. or any written law, co-operate with and implement the decisions of the Independent (n) designate any police station, post, outpost, unit or unit base as a (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 (q) monitor the implementation of policy, operations and directions of (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 (t) act on the recommendations of the Independent Policing Oversight Authority, including compensation to victims of police misconduct; (u) perform any other lawful act on behalf of the Service. (a) be administrative orders; (b) be for the general control, direction and information of the Service, (c) not be inconsistent with the Consti(3) The Service Standing Orders shall be made available to each serving (4) In the performance of functions set out under the Constitution, this Act or (a) have all the necessary powers for the performance of such
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(b) uphold he national values, principles and objects set out in Articles 11. Qualifications for appointment of Inspector-General and Deputy (1) A person shall be qualified for appointment as Inspector-General if such (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 (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 (a) is a Kenyan citizen; (b) holds a degree from a university recognized in Kenya or equivalent (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 (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 superintendent of
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15 [Issue 1] (3) No person shall be qualified for appointment as Inspector-General or (a) is a member of Parliament or a county assembly, a Governor or (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 (c) has previously been convic (d) has violated the Constitution; or (e) is an undischarged bankrupt. (1) Whenever a vacancy arises in the office of the Inspector-General, the Commission shall, within fourteen days from the date of the occurrence of the vacancy, by notice in the and at least two other daily newspapers of and shortlist at least three persons qualif(4) The names of the persons shorton (3) shall be (5) The Commission shall within seven days from the date of shortlisting of qualified candidates under subsection (3) forward the shortlisted names to the (6) The President shall, within seven days of receipt of the names forwarded under subsection (5), by notice in the appointment as Inspector-General from among the shortlisted names and submit (7) Parliament shall, within fourteen days after it first meets after receiving the (a) vet and consider the nominee, and may either approve or reject the (b) notify the President as to its approval or rejection. (8) If Parliament approves the nominee, the President shall, within seven days after receiving the notification to that effect, by notice in the appoint (9) Where Parliament rejects the nominee submitted by the President, the Speaker of the National Assembly shall communicate its decision to the (10) In submitting a new nominee under subsection (9), the President shall within seven days, submit to Parliament a fresh nomination from amongst the
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(12) For purposes of appointment of an Inspector-General before the establishment of the Commission, the procedure set out in (1) Whenever a vacancy arises in the office of a Deputy Inspector-General, the Commission shall, within fourteen days from the date the vacancy occurs, by notice in the and at least two daily newspapers of national circulation, declare the vacancy for the position of the Deputy Inspector-General and request (2) Any person qualified in accordance with this Act may make an application (3) The Commission shall consider the applications, vet, conduct public interviews and shortlist at least three persons qualified for the positions (4) The names of the persons shorton (3) shall be (5) The Commission shall within seven days from the date of short listing of qualified candidates under subsection (3), forward the shortlisted names to the (6) The President shall, within seven days of receipt of the names forwarded under subsection (5), by notice in the , appoint a person as the Deputy (7) For purposes of appointment of the Deputy Inspector General before the establishment of the Commission, the procedure set out in shall apply, except that the provisions in the Schedule requiring approval by 14. General provisions on recruitment of Inspector-General and Deputy In the entire recruitment and appointment process of the Inspector-General or , Parliament and President, as the (a) comply with the values and principles set out under the Constitution, (b) ensure that at all times one of the three positions of the Inspector-General and the two Deputy Inspector-Generals is of opposite (1) The Inspector-General may be removed from office only for the grounds (2) A person desiring the removal of the Inspector-General on any ground specified in subsection (1) may present a petition to the Commission setting out
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17 [Issue 1] (3) The Commission shall consider the petition and, if at least two thirds of the members present and voting agree that it discloses a ground under subsection (1), the Commission shall recommend to Parliament the removal of (4) Parliament shall consider the petition and, if it is satisfied that it discloses (a) shall appoint a tribunal in accordance with subsection (6); and (b) may suspend the Inspector General, as the case may be pending (a) a person who holds or has held office as a judge of a superior court, (b) three persons who are qualified to be appointed as judges of the (c) one other member who is qualified to assess the facts in respect of (7) The tribunal shall investigate tand make a binding recommendation to the President, who shall act in (8) A person suspended under this section shall be entitled to continue to Where the Inspector-General is suspended from office under section 15 or incapable of performance of his or her functions, the President may appoint the Cabinet Secretary to act as the Inspector-General, for a period not exceeding (a) serious violation of the Constitution or any other law, including a (b) gross misconduct, whether in the performance of the functions of (c) physical or mental incapacity to perform the functions of the office; (d) incompetence; (e) bankruptcy; or (f) any other just cause. (2) A person desiring the removal of a Deputy Inspector-General on any of the grounds specified in subsection (1), may present a petition to the
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(3) The Commission shall, subject to Article 47 of the Constitution, consider the petition, and, if at least two thirds majority of all the members are satisfied (a) investigate the matter expeditiously; (b) consider the facts or any evidence arising out of the investigations (c) if at least two-thirds majority of all the members, excluding the person under investigation, are satisfied that the allegation is based on facts, report on the facts and make a binding recommendation to (4) The President shall act in accordance with the recommendation of the (5) Pending the investigations under subsection (3), the President may, on (6) The Deputy Inspector-General suspended under subsection (5) shall be entitled to continue to receive one half of the remuneration and benefits of the The Inspector-General shall be appointed for one term of four years and shall Before taking up the office, the Inspector-General, and Deputy Inspector-Generals shall each make and subscribe to the oath or affirmation set out in the (1) The office of the Inspector-General or Deputy Inspectors-General shall (a) dies; (b) resigns from office by a notice in writing addressed to the President; (c) is removed from office in accordance with the Constitution or this (2) Where a vacancy occurs in the office of the Inspector-General or Deputy oint a replacement in accordance with All appointments under this Part required to be made with the approval of the
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19 [Issue 1] (1) The Kenya Police Service shall consist of the ranks set forth in the First (2) The Cabinet secretary may on the advice of the Commission from time to The Deputy Inspector-General for the K (a) be responsible for the effective and efficient day-to-day (b) implement policies and directions of the Service in relation to the (c) prepare the budget, planning and provision of support for the Kenya (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 (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 (i) establish and maintain a re (j) improve transparency and accountability in the Kenya Police (k) co-operate and engage in joint security operations with the Deputy Inspector-General, in charge of tother Government departments or other security organs to ensure (l) implement the decisions of the Inspector-General; and (m) perform such other duties as may be assigned by the Inspector-General, the Commission, or as may be prescribed by this Act or by (a) provision of assistance to the public when in need; (b) maintenance of law and order;
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(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 regula (j) performance of any other duties that may be prescribed by the Inspector-General under this Act or any other written law from time (1) The Administration Police Service shall consist of the ranks set out in the (2) The Cabinet Secretary may, on the advice of the Commission, from time The Deputy Inspector-General in charge of the Administration Police, shall (a) be responsible for the effective and efficient day-to-day (b) provide strategic guidance and direction for the Administration (c) prepare the budget, planning and provision of support for the (d) monitor and evaluate the Administration Police Service; (e) undertake the supervision of (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 (g) co-ordinate training in the Administration Police Service; (h) provide internal oversight of (i) establish and maintain a re (j) improve transparency and accountability in the Administration Police
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21 [Issue 1] (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 (l) implement the decisions of the Inspector-General; and (m) perform such other duties as may be assigned by the Inspector-General or the Commission, or as may be prescribed by this Act or (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 (h) rendering of support to Government agencies in the enforcement of (i) co-ordinating with complementing Government agencies in conflict (j) apprehension of offenders; (k) performance of any other duties that may be prescribed by the Inspector-General under this Act or any other written law from time There is established the Directorate of Criminal Investigations which shall be (1) There shall be a Director of Criminal Investigations who shall be appointed (2) The Commission shall set the term of office of the Director of Criminal (3) The Commission shall appoint the Director on such terms and conditions (4) A person shall be qualified for appointment as the Director of Criminal (a) is a citizen of Kenya;
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(b) holds a degree from a University recognized in Kenya; (c) has had at least ten years’ proven experience at management level (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. (5) The Director of Criminal Investigations shall be a State officer for the (6) Before assuming office, the Director of Criminal Investigations shall take (7) The Director of Criminal Investigations shall, in the performance of the (a) the chief executive officer of the Directorate; (b) responsible for— (i) implementing the decisions of the Inspector-General; (ii) efficient administration of the Directorate; (iii) the day-to-day administration and management of the affairs (iv) the performance of such other duties as may be assigned by the Inspector General, the Commission, or as may be (1) Whenever a vacancy occurs in the office of the Director of Criminal Investigations, the Commission shall, by notice in the and at least two daily newspapers of national circulation, declare a vacancy and request for (2) Any person qualified in accordance with this Act may make an application (4) The names of the shortlisted persons under subsection (3) shall be
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23 [Issue 1] (5) The Commission shall, within seven days from the date of publication of (6) The President shall, within seven days of receipt of the names forwarded under subsection (5), by notice in the appoint a person as the Director of (7) For purposes of appointment of the Director of Criminal Investigations before the establishment of the Commission, the procedure set out in the Third Schedule shall apply with necessary modifications, except that the provisions in (1) The Director of Criminal Investigations may be removed from office only (a) serious violation of the Constitution or any other law, including a (b) gross misconduct, whether in the performance of functions or (c) physical or mental incapacity to perform the functions of office; (d) incompetence; or (e) bankruptcy; or (f) any other just cause. (2) A person desiring the removal of the Director of Criminal Investigations on any ground mentioned in subsection (1) may present a petition to the (3) The Commission shall consider the petition and, if at least two-thirds of the members present and voting agree that it discloses a ground under (a) investigate the matter expeditiously; (b) consider the facts or any evidence arising out of the investigations (c) if at least two-thirds of all the members, excluding the person under investigations, are satisfied that the allegation is based on fact, report on the facts and make a binding recommendation to the (4) The President shall act in accordance with the recommendation of the (5) Pending the investigations under subsection (3), the President may, on (6) The Director of Criminal Investigations suspended under this section shall be entitled to continue to receive one-half of the remuneration and benefits of the
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(1) The office of the Director of Criminal Investigations shall become vacant if (a) dies; (b) resigns from office by a notice in writing addressed to the President; (c) is removed from office in accordance with the Constitution or this (2) Where a vacancy occurs in the office of the Director of Criminal Investigations the President shall appoint a replacement in accordance with The Directorate shall have such number of officers as may be assigned from (a) be responsible for the effective and efficient administration and (b) provide strategic guidance and direction for the Directorate; (c) be responsible for the preparation of the budget and planning for the (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 (j) perform any other functions that may be assigned by the Inspector- (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 (c) maintain law and order;
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25 [Issue 1] (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 (i) co-ordinate country Interpol Affairs; (j) investigate any matter that may be referred to it by the Independent (k) perform any other function conferred on it by any other written law. (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 (c) all monies from any other source provided or donated to the (2) Notwithstanding subsection (1), any funds donated or lent, or any gift (a) the period beginning on the day on which this Act comes into (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 (1) At least three months before the commencement of each financial year, the Director of Criminal Investigations shall cause to be prepared estimates of (2) The annual estimates shall make provision for all the estimated expenditure of the Directorate for the financial year concerned, and in particular (a) the payment of salaries, allowances and other charges in respect of (b) the payment of pensions, gratuities and other charges and in respect of benefits which are payable out of the funds of the (c) the maintenance of the assets of the Directorate;
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(d) the funding of operations, training, research and development of the (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 (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 (1) The Directorate shall cause to be kept all proper books and records of (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 (a) a statement of the income and expenditure of the Directorate during (b) a statement of the assets and liabilities of the Directorate on the last (3) The annual accounts of the Direreported upon in accordance with Articles 226 and 229 of the Constitution and (1) The Inspector-General may, by a notice in the designate police (2) In designating police stations under subsection (1), the Inspector-General shall ensure that such police stations are equitably distributed throughout each (a) be the centre for the administrative and command functions of all (b) provide room for operational creativity to the police officers from all (5) The Inspector-Generals shall ensure the development of procedures (6) Each police station shall register the victims of crime and violence within
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27 [Issue 1] (7) Each station shall have a facility to receive, record and report complaints (8) The Inspector-General may establish outposts and other units which shall (1) There shall be established a County Policing Authority in respect of each (a) the Governor or a member of the County Executive Committee (b) county representatives appointed by the Inspector-General, who of Criminal Investigations at (c) two elected members nominated by the County Assembly; (d) the chairperson of the County Security Committee; (e) at least six other members appointed by the Governor, from among the following categories of persons ordinarily resident in the (i) the business sector; (ii) community based organizations; (iii) women; (iv) persons with special needs; (v) religious organizations; and (vi) the youth. (2) The members referred to in subsection (1)(e) shall be recruited through a (3) The names of members nominated under subsection (1)(e) shall be forwarded to the County Security Committee for vetting and subsequent thereto, (4) In nominating and appointing members under subsection (1)(e) the (a) uphold the principle of one-third gender representation; (b) ensure geographical representativeness of the county; and may (5) Notwithstanding subsection (1)(e), the membership of the County Policing (6) In the absence of the chairperson, the members shall elect one of their (7) A person shall not be qualified for appointment as a member under (a) has violated the Constitution; (b) is adjudged bankrupt;
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(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 (7) Members appointed under subsection (l)(e) shall serve for a term of two (8) The Commission in consultation with the Cabinet Secretary shall issue and publish in the guidelines to be followed during the nomination, appointment, removal from office, vacancy of office and filling of vacancy of (a) develop proposals on priorities, objectives and targets for police (b) monitor trends and patterns of crime in the county including those (c) promote community policing initiatives in the county; (d) monitor progress and achievement of set targets; (e) provide financial oversight of (f) provide feedback on performance of the police service at the county (g) provide a platform through which the public participates on the all aspects to do with county policy and the national police service at (h) facilitate public participat (i) ensure policing accountability to the public; (j) receive reports from Community Policing Forums and Committees; (k) ensure compliance with the national policing standards. (10) Every Authority shall prepare, publicize and submit quarterly reports to (a) accounting for the status and progress on each of the functions with (b) the impediments to the performance of those functions. (11) The members of the Authority shall (12) A person elected as secretary shall be based at the Governor’s office (a) the investigation of any particular offence or offences; (b) the enforcement operations of the law against any particular person
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29 [Issue 1] (c) the employment, assignment, promotion, suspension or dismissal of (d) the operations of the Service. (2) The Cabinet Secretary shall issue policy guidelines on the conduct of 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 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 (1) Subject to section 47, a police officer shall be entitled to all the rights set (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 47. Limitation of rights and fund(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 (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 (a) the protection of classified information; (b) the maintenance and preservation of national security;
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(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 (3) A limitation of a right or fundamental freedom under this section shall (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 (iv) the privacy of a person’s communications to be investigated; (b) the freedom of expression to the extent of limiting the freedom to (c) the freedom of the media; (d) the right to access to information to the extent of protecting the (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 (f) the right to assemble, demonstrate, picket and petition public (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 (4) An officer shall not be barred from voting at any election if, under the laws 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 (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
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31 [Issue 1] (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 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 (3) Police officers shall make a report of all daily occurrences and incidents (4) A police officer who performs an official duty or exercises police powers (5) Where a police officer is authorized by law to use force, the officer shall (6) Every police officer shall be competent to serve or execute any summons, (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 (8) The Inspector-General may make regulations on handling of information (9) Matters of a personal nature and operational information in the possession of law enforcement officials shall be kept confidential, unless the (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 (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 (12) No member of the Police 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 (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
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(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 Deputy Inspector-General, direct and shall record all complaints and charges preferred, the names of all persons arrested and the offences with which (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 (3) Any complaint made against any police officer shall be recorded and (4) A police officer who fails to record and report any complaint made under (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 (b) obey and execute all orders (c) provide assistance to members of (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 (i) detect offenders and bring them to justice; (j) investigate crime; and (k) apprehend all persons whom he is legally authorized to apprehend (2) A police officer who fails to comply with an unlawful order shall not be (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 (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
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33 [Issue 1] the question tends to expose the person to a criminal charge, penalty or (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 (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 (6) Notwithstanding the other provisions of this section, the powers conferred by this section shall be exercised in accordance with the Criminal Procedure (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 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 (2) A person who refuses or fails to comply with a requirement lawfully made (3) Notwithstanding the foregoing provisions, the powers conferred under this section shall be exercised in strict accordance with the Criminal Procedure Code (a) regulate and control traffic and keep order and prevent obstructions (b) prevent unnecessary obstruction during assemblies, meetings and processions on public roads and streets, or in the neighbourhood of (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
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(1) A magistrate or a police officer, 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 r forensic evidence of any person in (2) The Inspector-General shall prescribe in the Service Standing Orders the form upon which footprints, palm-prints, finger-prints and other forensic evidence (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 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 (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 finge(5) A person who refuses to permit his measurements, photographs, footprints and casts thereof, palm-prints or finger-prints and other forensic (6) Upon conviction under subsection (5), reasonable force may be used to facilitate the taking of measurements, photographs, footprints and casts thereof, (1) A police officer in uniform may stop and detain any person whom he or (a) witnesses doing any act or thing; (b) finds in possession of anything; or (c) suspects of doing any act or thing or being in possession of anything for which a licence, permit or certificate or pass is required under any written law, and may require the person to produce the licence, permit, certificate or pass, provided that a police officer shall use the (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 (3) A police officer who abuses the powers under this section commits an
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35 [Issue 1] (1) Subject to the Constitution, if a police officer has reasonable cause to (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 (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 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 (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 (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 (4) A police officer may arrest a person under subsection (3) without a e and address and otherwise satisfies the police officer that the person will duly answer any summons or other (5) A police officer who exercises the powers conferred under this section (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 (a) who is accused by another person of committing an aggravated assault in any case in which the police officer believes upon (b) who obstructs a police officer while in the execution of duty, or who
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(c) whom the police officer suspects on reasonable grounds of having (d) who commits a breach of the peace in the presence of the police (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 (f) whom the police officer suspects upon reasonable grounds of being (g) whom the police officer suspects upon reasonable grounds of (h) whom the police officer has reasonable cause to believe a warrant 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 (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 (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 (a) the officer shall carry with him, and produce to the occupier of the (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 (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-
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37 [Issue 1] (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 (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 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 (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, (a) take charge of all unclaimed property handed to him by any person (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 (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 (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 (a) liable to deterioration, the magistrate shall deal with it in such a (b) a firearm or ammunition, the magistrate may order that the property be disposed of in such manner as the Inspector-General may (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
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(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 Subject to this Act or any other law, a police officer may apply before a (1) Notwithstanding the provisions of any other law, any Gazetted officer or inspector 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 (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 officer in 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 (3) The head of the Kenya Police Service in the County 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 (4) The records referred in subsection (3) shall state the reasons for laying (6) Members of the public may lodge complaints about the barriers with the (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, (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 (1) Unless specifically authorized by 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
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39 [Issue 1] (2) A police officer who keeps or uses an article in contravention of 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 (a) fails to comply with subsection (1); or (b) returns such property in a damaged condition, the damage not being 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 (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 (2) An officer who is under disciplinary proceedings may not resign from the (3) The Inspector-General shall ensure that disciplinary proceedings are A police officer engaged in carrying out the duties of a prison officer shall (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 (2) A member of the Service who intends to engage in other forms of (3) The Commission may approve or reject the application under (4) The Commission shall maintain a register of all persons granted approval under subsection (3), indicating the particulars thereof, and shall submit copies of
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(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 The Commission may, in consultation with the Inspector-General, at anytime, if it appears expedient in the interests of public order and safety so to do, appoint persons to be special police officers for such period and within such area as may be considered necessary, and every such officer shall, during the period of service as a special police officer, be deemed to be a police officer for the 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 (1) The Inspector-General shall ensure that a certificate of appointment is (2) A certificate of appointment shall be in a form prescribed by the regulations and be signed by a police officer authorised by the (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 (4) A failure to comply with subsection (3) shall invalidate any purported (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 An officer may leave the Service only by the modes prescribed under this Act (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
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41 [Issue 1] (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 (3) An officer below the rank of sergeant may voluntarily retire from the (4) Subject to subsection (2), where the officer is interdicted from duty in accordance with the Service Standing Orders or any other written law, the (5) While a police officer is interdicted from duty, the police officer’s powers, privileges and benefits as a police officer shall be suspended, but the officer continues to be subject to the same discipline and penalties, and to the same 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, (1) Police officers may join international police associations in accordance (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 (1) The Service shall establish and maintain police training institutions for (2) Training in police institutions shall be conducted in accordance to the (3) The Service may collaborate with other training institutions to provide The Commission shall develop guidelines on examination and certification of
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82. Representation of police officers Police officers may form associations, and such associations shall be recognized by the Inspector-General, tas appropriate associations for consultation in respect of any matter specified in Police associations formed in accordance with this Act shall be responsible (a) bringing to the notice of the Inspector-General, the Commission and the Cabinet Secretary any the matters affecting the general welfare (b) negotiating and reporting for action on behalf of the officers in (i) any grievances; (ii) the terms and conditions of employment; and (iii) any other matters concerning the police officers. (1) Every recognized police association shall make rules providing for the administration of the association and for carrying out the objects of the (2) The rules made under subsection (1) shall contain provisions in respect of (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 (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 For an association to qualify for registration under this Act, the association (a) draw its membership from the Service; (b) comply with the requirements made in accordance with the Seventh An association established in accordance with this Part and any branch (a) operate and be administered in accordance with the provisions of
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43 [Issue 1] (b) be entirely independent of any trade union within the meaning of the (1) There is established an Internal Affairs Unit (hereinafter referred to as “the (a) an officer not below the rank of assistant Inspector-General who (b) a deputy director; and (c) such other staff as the Unit may require. (a) receive and investigate complaints against the police; (b) promote uniform standards of discipline and good order in the (c) keep a record of the facts of any complaint or investigation made to (3) In the performance of its functions, the Unit shall be subject to Article 47 (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 Indep(5) Notwithstanding subsection (4)(e) the Authority may at any time intervene and take over the investigations when they have reason to believe the (6) The Unit may recommend the following disciplinary actions to the (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; (d) any other lawful action.
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(10) There shall be an effective relationship and regular reporting by the Internal Affairs Unit to the Independent Police Oversight Authority, Coroners, the (11) The Unit shall not be subject to the control, direction or command of the (1) Every police officer shall be an officer in the Service and shall be, subject (2) The offences against discipline include the offences prescribed under the (3) A police officer who commits a criminal offence, as against law shall be (4) Notwithstanding subsection (3) the Commission may take disciplinary criminal offence, whether leading to (1) A police officer who commits an offence against discipline is liable to be (a) reprimand; (b) suspension; (c) an order of restitution; (d) stoppage of salary increments for a specified period of time, but not (e) reduction in rank; (f) dismissal from the Service; or (g) any combination of the punish(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 Service internal disciplinary procedures as approved by the Commission and (4) A police officer facing disciplinary action may be accompanied by another (5) A police officer aggrieved by the decision may appeal first at the County level, then to the Inspector-General and then to the Commission in accordance
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45 [Issue 1] (6) The sanctions under subsection (1)(c), (d), (e), (f) and (g) only take effect (1) A police officer empowered to inquire into offences against discipline may summon and examine police officers 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 (2) Any police officer 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 (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 (2) Notwithstanding subsection (1), no deduction, nor the aggregate of deductions, if more than one fine is outstanding at the same time, shall exceed 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 (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 93. Prohibition against officer being member of a trade union (a) any trade union, or any body or association affiliated to a trade (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 other than an association established and regulated pursuant to Part VIII of this
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(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 (3) A Police officer who contravenes this section shall be dismissed from the (1) A police officer who absents himself from duty without leave or just cause for a period exceeding twenty-one days shall, unless the contrary is proved, be (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 (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 95. Prohibition against torture or cruel treatment (1) It shall be unlawful for a police officer to subject any person to torture or (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 (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 (1) The Service shall, in order to achieve the objects contemplated in Article 244 of the Constitution, liaise with communities through community policing (a) establishing and maintaining partnership between the community (b) promoting communication betwe (c) promoting co-operation between the Service and the community in (d) improving the rendering of police services to the community at (e) improving transparency in the Service and accountability of the (f) promoting policing problem
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47 [Issue 1] (1) A County Policing Authority shall establish structures to implement (a) implementation of community policing policies and guidelines; (b) facilitation of training members of community policing within the (c) receiving reports from local community policing structures; (d) preparing county community policing reports for submission to the 98. Establishment of area community policing committees and other (1) A police officer in charge of an area shall, in consultation with stakeholders, be responsible for and facilitate the establishment of area (2) An area community policing committee shall, subject to subsection (3), consist of representatives of community policing forums in the area concerned (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 (4) Where appropriate, both the administration police and the Kenya police 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 (1) The members of every community shall elect as a chairperson and a vice-(2) The chairperson shall be a civilian member while the vice chairperson (3) The Committee shall determine its own procedure and cause minutes to (4) Whenever it deems it necessary, co-opt other members, experts, (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
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(6) The quorum for a meeting of the Committee shall be the majority of the (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 chairpers(1) A person other than a police officer who, without the written authority of (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 (b) in any way pretends to be a police officer for any purpose which he commits an offence and shall be liable on conviction to a fine not exceeding one (2) Notwithstanding subsection (1) a person may, with the approval of the (1) A person who, for the purposes of obtaining admission into the Service, (a) uses or attempts to pass off a forged or false certificate, letter or (b) makes a false answer to a question which is put to him by a police 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 (2) A police officer may without a warrant arrest a person the police officer (a) assaults, resists or willfully obstructs a police officer in the due (b) assaults, resists or willfully obstructs any person acting in aid of the (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
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49 [Issue 1] (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 (2) Notwithstanding subsection (1), the Inspector-General shall only deploy (3) The monies paid for the private use of the police as specified in (4) The Inspector-General shall make regulations generally to give effect to Where the Inspector-General reasonably considers that the deployment of (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 (1) The Cabinet Secretary may, after consultation with the National Security Council, by notice in the , 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 (2) Upon publication of a notice under (a) by order published in the 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 (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
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(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 (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 (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 (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 In this Part, 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 , declare to be a (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 (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 (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 (2) Whenever police officers from a reciprocating country are present in (a) the police officers shall be under the command of a senior officer of
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51 [Issue 1] (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 (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 (1) The National Police Reserve (hereinafter referred to as “the Reserve”) shall consist of such persons resident in Kenya (other than serving members of attained the age of eighteen years, (2) The Commission shall determine the maximum number Reserve police (3) The Reserve may be deployed in Kenya to assist the Kenya Police Service or the Administration Police Service in their respective mandates (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 (4) A person serving as a Reserve police officer shall be bound by the same (5) The Commission shall keep, maintain and update a database of all the (6) The Commission shall upon the commencement of this Act, vet all existing Reserve police officers to assess their suitability and competence, and (7) After the commencement of this Act the Commission may undertake the training of existing Reserve police Officers to ensure that the existing officers are (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 (2) A Reserve police officer shall be recruited, enlisted and trained in
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(1) Every Reserve police officer enrolled under this Part shall serve for a period of two years and may, thereafter be re-engaged, for a further period of two (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-(1) Any officer for the time being in charge of the Service in a county may, in writing, require any Reserve police officer resident in the county to perform the (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 (3) The Inspector-General shall require any Reserve police officer called out under subsection (2) to undergo such training as the Inspector-General may Every Reserve police officer who is required to perform the duties of a police officer or undergo training, or undergo who has been called out under section 104, or who otherwise performs or purports to perform any such duties, shall be subject to the disciplinary provisions which, from time to time, apply to officers of (1) Subject to subsection (2), a Reserve police officer shall serve voluntarily and shall not be entitled to claim any remuneration for his services save for such (2) When mobilized pursuant to section 113(2), a Reserve police officer shall receive such pay and allowances as ma(1) The National Assembly shall allocate adequate funds to enable the Service to perform its functions and (2) The Inspector-General shall ensure that every police station, post, outposts, unit, unit base and county authority is allocated sufficient funds to
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53 [Issue 1] (a) monies allocated by the National Assembly for the purposes of the (b) such monies as may be lawfully granted, donated or lent to the Service from any other source, with the approval of the Cabinet (2) All funds given to the Service under subsection (1)(b) shall be made (a) the period commencing on the date when this Act comes into force (b) subsequently, the period of twelve months ending on the thirtieth (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 (2) The annual estimates shall make provision for all the estimated expenditure of the Service for the financial year concerned, and in particular shall (a) the payment of salaries, allowances and other charges in respect of (b) the payment of pensions, gratuities and other benefits which are (c) the maintenance of the assets of the Service; (d) the funding of operations, training, research and development of (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 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 No expenditure shall be incurred for the purposes of the Service except in
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(1) The Service shall cause to be kept all proper books and records of (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 (a) a statement of the income and expenditure of the Service during (b) a statement of the assets and liabilities of the Service on the last (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 (1) Every police station shall be deemed to be a lock-up in which a person (2) In every police station there shall be provided a secure place for (3) Detention shall be carried out in accordance with the requirements as set (1) The Commission may make regulations for the better carrying out of the (a) regulating the hours of duty for police officers and the keeping and (b) regulating and co-ordinating duties to be performed by police (c) regulating the granting of leave to police officers; (d) prescribing arrangements and procedures for providing, assisting in (e) the employment of civilian staff within the Service. The Inspector-General may make regulations for the better carrying into effect (a) the description and issue of arms, ammunition, uniform, (b) prescribing and providing the use of powers under this Act; and (c) generally for the good order
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55 [Issue 1] (a) providing policy guidelines to the Service; (b) monitoring and evaluating the performance of the functions of the (c) inspecting the facilities of the Service; (d) facilitating the involvement of the public in the activities of the (e) facilitating the functioning of (f) receiving regular reports from the county policing authorities. (a) set up an inspectorate for purposes of monitoring compliance with the policy, overall performance and functioning, of the county (b) establish a Police Reform Unit for ensuring continuous and (c) develop guidelines on the promotion of human rights by the Service and in particular making police premises accessible and equipped to (i) child protection; (ii) persons with disabilities; and (iii) persons with special needs. Pursuant to Article 240(3) and (6) of the Constitution, the National Security Council shall exercise supervisory contro (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 (b) assess and appraise the objectives, commitments and risks to the country in respect of actual and potential national security All regulations, rules, standing orders or any other form of subsidiary legislation or guidelines made under this Act shall be published in the Any person who commits an offence under this Act for which no other penalty
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The Police Act (Cap. 84) and the Administration Police Act (Cap. 85) are (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 (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 (c) all Standing Orders, Rule or Regulations existing before the reviewed, amended or revised to conform to the provisions of the Constitution and this Act within (1) The Inspector-General shall put in place a system of ensuring continuous (2) The Cabinet Secretary may put in place a system of ensuring continuous
[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.
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57 [Issue 1] Corporal. 11. Constable.
[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.
()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 (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
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(e) the Kenya National Commission on Human Rights; (f) the Commission for the time being (g) the Association of Professional Societies in East Africa. (a) convene the first meeting of the selection panel, at which the members of the selection panel (b) provide the selection panel with such facilities and other support as 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- (a) consider the applications received under paragraph (3) to determine (b) shortlist the applicants; (c) publish the names of the shorapplicants in at least two daily newspapers of national circulation; (d) conduct public interviews of the shortlisted persons; (e) shortlist three qualified ap (f) forward the names of the qualified persons under sub-paragraph (e) 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 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 Where the National Assembly approves of the nominee, the Speaker of the National Assembly shall forward the name of the approved nominee to the The President shall, within seven days of receipt of the approved nominee from the National Assembly, by notice in the , appoint the Inspector-
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59 [Issue 1] Where the National Assembly rejects any nomination, the Speaker shall within three days communicate its decision to the President and request the 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 If the National Assembly rejects any or all of the subsequent nominees submitted by the President for approval under paragraph 10, the provisions of In shortlisting, nominating or appointing persons as Inspector-General and panel, the National Assembly and the President shall ensure that not more than two-thirds of the members are of the The selection panel may, subject to this section, determine its own 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 The selection panel shall stand dissolved upon the appointment of the Where the provisions of paragraph 11 apply, the selection panel shall continue to exist but shall stand dissolved upon the requisite appointments being
()OATH/AFFIRMATION OF OFFICE I, …………………………………………………………………………………………. do swear/dosolemnly 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 serve/Directorate of Criminal . ………………………………………. without favour or affection, malice orill 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 tion Police/Reserve; and that I will discharge all the duties of a police officer according to law, without fear, favour,
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I …………………………………………………………………………………………… (full names) DO HEREBY SWEAR BY THE ALMIGHTY GOD/SOLEMNLY AND SINCERELY
FFIRM 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
()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 A police officer shall accord an arrested or detained person all the rights set (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 A police officer shall only carry a firearm into a lock-up in accordance with the A detained person shall be entitled to enjoy all the rights that do not relate to (a) maintain a register into which the following particulars in respect of (i) name; (ii) reasons for the arrest and detention; (iii) date and time of the arrest and detention;
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61 [Issue 1] (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 (b) appoint an officer who shall be responsible for the detainees’ (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 (b) inform family members of the arrest and detention and place of (c) access to doctors and general medical assistance when required; (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 No detained person shall be held in any other place except a designated ection, including unannounced visits by both the Independent Police Oversight Authority and the Cabinet Secretary or (a) officers responsible for the facility shall cooperate fully with the (b) recommendations may be made for improvement, which shall be (c) the detained person shall be entitled to communicate freely and (2) Any officer referred to in sub-paragraph (1) who fails to comply with the Whenever a detained person dies in custody, the officer in charge shall notify the Independent Police Oversight Authority and any other body required by A police officer who contravenes the provisions of this Schedule shall be
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()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 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 adhering to the provisions of the law (a) the police officers present shall provide medical assistance immediately and unless there are good reasons, failing to do so (b) shall notify relatives or close friends of the injured or affected 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, 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 The Inspector-General shall not be precluded by virtue of paragraph (5) from A police officer who makes a report to the Independent Police Oversight (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 It shall be a disciplinary offence for a police officer to fail to report in An officer shall not tamper or otherwA Police officer in uniform shall at all times affix a nametag or identifiable
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63 [Issue 1] The Cabinet Secretary responsible for Internal Security and the Inspector-General shall make regulations for giving further direction on the lawful use of (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 Firearms may only be used when less ex (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 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 (a) where doing so would place the officer or other person at risk of (b) if it would be clearly inappropriate or pointless in the circumstances. A police officer shall make every effort to avoid the use of firearms, especially Any use of firearm, even if there’s no 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 The Inspector-General is not precluded by virtue of paragraph (4) from A police officer who makes a report to the Independent Police Oversight (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 The Cabinet Secretary in consultation with the Inspector-General shall make (a) that specify the circumstances under which police may carry (b) that prohibit firearms and ammunition that cause unwarranted injury
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(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 (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 (e) to provide for testing of officers carrying fire arms at regular (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 (g) provide for a reporting system whenever officials use firearms in the 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 (1) Refusing to carry out orders that include unlawful use of force should not (2) Giving an order that would lead to the unlawful use of force is a (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 (a) take all steps to secure evidence which may be relevant to that (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 (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
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65 [Issue 1] (d) non-compliance with the above shall be an offence. A police officer may use instruments of restraint to prevent the escape of a (a) to prevent the escape of a detainee; and (b) to prevent the detainee from self-injury or injuring others or (a) not be applied for longer than necessary to secure the purpose for (b) not be used as a punishment; and (c) shall be removed immediately after the purpose for which it is used
()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 A provision for the appointment and removal of a general committee of A provision for the investment of the funds, and for an annual or periodical The inspecting of books and names of members of the Association and the The protection of voting rights of members of the Association and the general The powers, duties and functions of the Executive Committee of the
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Method to resolve disputes between the members of the Association and The prohibition against admission to membership with respect to a police
()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 (b) use any obscene, abusive or insulting language in any form to any (c) uses threatening or insubordinate or disrespectful language, word, (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 (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 (k) while under arrest or in detention, leave or escape from such arrest (l) neglect or refuse to assist in the apprehension of any police officer (m) resist any lawful arrest; (n) negligently allow any prisoner, who is committed to his charge, or (o) discharge any weapon without orders or without reasonable lawful (p) without reasonable cause, fail to attend at any parade, instruction (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
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67 [Issue 1] (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 (v) make or sign any false statement in any document or official record; (w) without proper authority, disclose or conveys any information (x) malinger, or feign any disease or infirmity; (y) knowingly and willingly transmit any venereal disease or HIV/AIDS; (z) without proper authority demands or exacts from any person any (aa) commit an act which amounts to corruption under any law in force in (bb) make any false statements upon joining the Service; or (cc) refuse or neglect to make or send any report or return which it is his (dd) knowingly make any false accusation or complaint or statement against any police officer or other person, affecting the character of
No. 11A of 2011National Police Service
69 [Issue 1] NO 11A OF 2011 NATIONAL POLICE SERVICE ACT SUBSIDIARY LEGISLATION
Page
Neighbouring Country …………………………………
er-Print Form ……………………………………………………………………………
Power ………………………………………………………………………..
tion) Order. …………………………………………………………….
ulations. …………………………………………………………………………
) Regulations. ………………………………………………….
Police ……………………………………………………………………….

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71 [Issue 1] COUNTRY DECLARED TO BE A NEIGHBOURING COUNTRY UNDER SECTION 49
The power to appoint officers to be in charge of Police stations or units as the case officers to be in charge of Police stations or units as the case The form set out hereunder is the form upon which finger-prints shall be taken in nger-prints shall be taken in ()POLICE 20 Full name ………………………………………………………………. Alias ……………………………………………………………………… Class ………………………….Identity Card No. …………………………………………………….. Charge Register No. ……………………………………………….. Docket No. ………………………………Thumb Forefinger Middle Finger Ring Finger Little Finger
FOLD Thumb Forefinger Middle Finger Ring Finger Little Finger
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FOLD LEFT HAND RIGHT HAND
Plain impressions of the Four Fingers taken Plain impressions of the Four Fingers taken
FOLD
Finger-prints taken by …………………………………….
Rank ……………… Date ……………………………………
Police Station …………………………………………………

Finger-prints classified by ……………………………………………. Date …………………………………
Tested by ………………………………………………………………….. Date …………………………..Searched by ……………………………………………………………… Date ……………………………..Searched in S of C by …………………………………………………. Date …………………………………Address to which reply is to be sent Remarks
………………………………………………………………………………. ………………………….. ………………………………………………………………………………. ………………………….. ………………………………………………………………………………. ………………………….. ………………………………………………………………………………. …………………………..I hereby certify that the finger-prints *taken in my presence
in accordance with the directions contained in such form and that the particulars entered on this ………………………………………………………………….. *Magistrate or Police Officer or any person 2) of the Criminal Procedure Code (Cap. 75)
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73 [Issue 1] IN EXERCISE of the powers conferred by section 4(1) of the Police Act, the the power to appoint officers to be in charge of Police stations or units as the case may
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75 [Issue 1] 1. This Order may be cited as the Vehicles (Prohibition) Order. The driving or use on any public road in Kenya, otherwise than by or on behalf of the Kenya Police Force, of any motor vehicle painted any shade of dark blue with a white roof is hereby prohibited between the hours of half-past six o’clock in the evening and half-past
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77 [Issue 1] POLICE REGULATIONS [Cap. 84. Sub. Leg., Regulation under section 65, L.N. 74/1961, L.N. 120/1963, L.N. 140/1963, L.N. 181/1963, L.N. 248/1963, L.N. 399/1963, L.N. 124/1964, L.N. 168/1964, L.N. 8/1973, Corr. No. 10/1973, L.N. 107/2009.] PART I – PRELIMINARY 1. These Regulations may be cited as the Police Regulations. PART II – OFFENCES AGAINST DISCIPLINE 2. Deleted by Sch. to L.N. 124/1964. 3. Any inspector or subordinate officer who— (1) strikes, or uses or offers violence against any police officer; or (2) uses any obscene, abusive or insulting language to any police officer; or (3) uses threatening or insubordinate language to a police officer senior to him (4) causes a disturbance in any police station, barracks, quarters, lines or (5) is guilty of drunkenness; or (6) drinks intoxicating liquor when on duty; or (7) is disrespectful in word, act or demeanour to any police officer senior to him (8) willfully disobeys any lawful command; or (9) absents himself without leave; or (10) is found sleeping on duty; or (11) leaves his post or place of duty before he is regularly relieved, except in (12) being under arrest or in confinement, leaves or escapes from such arrest or (13) without lawful excuse breaks out of police barracks, quarters, lines or camp; (14) neglects or refuses to assist in the apprehension of any police officer charged with any offence, when lawfully ordered so to do; or (15) resists any police officer whose duty it is to apprehend him, or have him in (16)negligently allows any prisoner, who is committed to his charge, or whom it (17) unlawfully strikes any person or uses or offers unlawful violence to any (18) is guilty of cowardice; or (19) discharges any weapon without orders or without reasonable or lawful (20) without reasonable cause, fails to attend at any parade, instruction class or
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(21) sells, pawns, loses by neglect, makes away with or willfully or negligently damages, or fails 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 (22) is in improper possession of any public or private property; or (23) commits any act of plunder or wanton destruction of property; or (24) is idle and negligent in the performance of his duty; or (25) appears on duty untidy or dirty in his person, arms, clothing or equipment; (26) is slovenly, inattentive, uncivil or quarrelsome; or (27) makes or signs any false statement in any document or official record; or (28) makes, or joins in making, any anonymous complaint; or (29) without proper authority, discloses or conveys any information concerning (30) malingers, or feigns any disease or infirmity, or willfully causes to himself (31) is willfully guilty of misconduct or willfully disobeys, whether in hospital or elsewhere, any orders and so causes or aggravates any disease or infirmity (32) has contracted any venereal disease and fails to report without delay to a medical officer for treatment; or (33) without proper authority demands or exacts from any person any carriage, (34) makes any false statements upon joining the Force; or (35) refuses or neglects to make or send any report or return which it is his duty (36) knowingly makes any false accusation against any police officer or other (37) in making any complaint against any police officer or other person, knowingly makes a false statement affecting the character of such police (38) engages without authority in any other employment or office; or (39) becomes security for any person, or engages in any loan transaction with any other police officer without the authority, in writing, of the Commissioner; or (40) if called upon by a officer to furnish a full and true statement of his (41) is guilty of any act, conduct, disorder or neglect to the prejudice of good shall be guilty of an offence against discipline.
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79 [Issue 1] All applicants for enlistment in the Reserve shall be examined by a medical officer who shall certify the result of such examination in the space provided for that purpose in Provided that an applicant for enlistment may be examined by a private medical Every applicant for enlistment shall, on enlistment, complete Form No. 2 contained in the Second Schedule. The enlistment of Reserve police officers shall be completed in Form No. 1 contained Where any person enlisting in the Reserve is not a Commonwealth citizen or British protected person, he shall, in lieu of making the oath or affirmation set forth in the Second Schedule to the Act, make and sign before some officer authorized by law to administer oaths or before the Commissioner, in English or in such other language which he Two copies of the Form No. 1 contained in the Second Schedule shall be completed The following persons shall not be enlisted in the Reserve— (a) persons who are members of the armed forces: Provided that members and reservists of the Kenya Regiment may be (i) that the application be referred to the Officer Commanding the Regiment who may advise that the application should be rejected, (ii) that duty with the Regiment shall take precedence over duty with the (b) persons who have been discharged from the armed forces— (i) as unfit for further service; or (ii) for misconduct; or (iii) with a bad or indifferent character; (c) persons who are otherwise considered by the Commissioner or the police officer in charge of the province in which the applicant resides to be The fitness, including physical fitness, of an applicant for enlistment in the Reserve shall be decided by the Commissioner or by the police officer in charge of the province in (1) A Reserve police officer who desires to re-engage in the Reserve shall apply during the three months preceding the expiration of his current term of service, and at the time of making such application he shall make a declaration in form No. 4 contained in the (2) On re-engagement a Reserve police officer may, if the person authorized to re-engage him thinks fit, be required to be re-examined by a medical officer and in the case
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of a Reserve police officer so re-examined, if the medical officer certifies in form No. 4 that (i) every Reserve police officer shall be medically examined upon the expiry of (ii) the proviso to regulation 26, and regulation 32, shall apply to any Reserve The Commissioner or the police officer in charge of a province may for good cause release or discharge from the Reserve any Reserve police officer on part-time duty under his direct command and without prejudice to the generality of the foregoing he may (6) His service being no longer required; (9) Medically unfit; (10) Having been convicted by the criminal courts of an offence involving moral (11) Recommendation in that behalf by a police officer in charge of a division. (1) A Reserve police officer whilst undergoing training or performing duty shall be entitled to such allowances as may be approved from time to time by the Minister after (a) when called out for full-time service in times of danger or imminent danger, be entitled to the same rates of pay as his equivalent rank in the Kenya Police Force, and to such allowances as may be approved from time to time by the Minister after consultation with the Minister for the time being (b) Provided that— (i) no Reserve police officer shall be entitled to any such pay or allowances in respect of any period during which he is on leave, (ii) subject to the provisions of subparagraph (i) of this paragraph, in the (a) where, in any period, such employee performs his duties as such employee full-time and in addition performs service under this paragraph, he shall be entitled, in respect of such period, to such pay or allowances in addition to his salary and
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81 [Issue 1] (b) where, in any period, such employee performs his duties as such employee part-time only, he shall not be entitled to such pay or allowances if, in respect of such period, he suffers no reduction in his salary or emoluments as such employee; (c) where, in any period, such employee is engaged full time on service under this paragraph, he shall be entitled to his salary and emoluments as such employee, or to such pay and allowances in respect of such period, whichever shall be the (d) no such employee shall, in respect of any period be entitled as a Reserve police officer to receive any allowance under these Regulations of the same or a similar nature as an allowance payable to him as such employee. 36. There shall be paid to Reserve police officers a traveling allowance in respect of traveling expenses to and from the place of training or duty, at such rates as may be laid down the Minister after consultation with the Minister for the time being responsible for All uniforms, arms, accoutrements and equipment issued to any Reserve police officer shall be used for police purposes only, and every Reserve police officer to whom they are issued shall produce them in good condition, fair wear and tear excepted, No Reserve police officer shall, unless on duty, whether in or out of Kenya, wear the Whenever an injury to, or the death of, a Reserve police officer occurs in the course of his duty, the police officer in charge of the province shall give a written report to the Commissioner of the circumstances in which such injury or death was caused and a Any person who knowingly does or omits to do anything so as to penalize any Reserve police officer, or who threatens any Reserve police officer, whereby such Reserve police officer is prevented from or hindered in the carrying out of his duties as a Reserve police officer, shall be guilty of an offence and liable to a fine not exceeding one Application for the use of police officers for private purposes shall be made in writing in the form contained in the Fourth Schedule to the Commissioner through the All moneys received in respect of the private use of police officers shall be paid into Subject to subsection (1) of section 4 of the Act, the Commissioner may ensure and shall be the sole judge of whether an adequate number of police officers are used for the purpose and for the period for which the application is made and he may refuse to
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There is hereby constituted an association to be known as the Kenya Police to as the Association) which shall consist of all serving police officers up to and including the rank of Senior Superintendent, but (a) the Senior Branch which shall consist of all gazetted officers and all officers (b) the Junior Branch, which shall consist of all subordinate officers. (1) The objects of the Association shall be to enable police officer to consider and bring to the notice of the Commissioner and the Government all matters affecting their welfare and efficiency, including pay, pensions and conditions of service, other than questions of discipline and promotion affecting individual police officers. (2) The Association shall be entirely independent of and unassociated with any body or person outside the Force. The Association may send a member to meetings of the Central Whitley Council and shall not be deemed thereby to be dependent on or associated with the said Council provided the member attends any meeting in the sole member attends any meeting in the sole 47. There shall be set up two levels of representation, namely— (a) a Joint Central Committee, and (b) Provincial Boards. of the gazetted officer, one inspector and one member of the Junior Branch of the Association from each Provincial Board and the Joint Central Committee, when formed, may co-opt not more than two members of the -opt not more than two members of the 49. Each Provincial Board shall comprise— (a) one gazetted officer; (b) two inspectors; (c) two members of the Junior Branch, and may, when formed, co-opted not more than two members of the Association in an and may, when formed, co-opted not more than two members of the Association in an 50. For the purpose of these Regulations and Commissioner may constitute any police formation or group of police formations to be a province for the purpose of electing a (1) Election to the Provincial Boards and the Joint Central Committee shall be in accordance with such procedure as the Commissioner may by Force standing order (2) The gazetted officer of a Provincial Board shall be elected by the votes of the (3) The two inspectors of a Provincial Board shall be elected by the voters of the
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83 [Issue 1] (5) The election of the representative to the Provincial Boards and the Joint Central Committee shall be held on any seven consecutive days between the 1st and the 14th (1) After completion of the elections referred to in paragraph (5) of regulation 51 the ee shall be held during the month of April of each year, subject to the approval of the Commissioner. (2) The Joint Central Committee shall meet on any one day between the 15th and 30th January, July and October of each year, subject to the approval of the (3) The Provincial Boards shall meet on any one day between the 1st and 14th (4) The dates of the meetings given in paragraphs (1), (2) and (3) may be varied by the Commissioner at any time he considers it necessary in the exigencies of the service, and the approval of the Commissioner for the holding of such meetings shall not be and the approval of the Commissioner for the holding of such meetings shall not be 53. (1) Apart from the meetings prescribed in paragraphs (1), (2) and (3) of regulation 52, the chairman of the Joint Central Committee may request the Commissioner to authorize the holding of any other meetings of the elected representatives, Joint Central Committee or any of the Provincial Boards, if he deems it (2) The chairman of the Provincial Board may request the police officer in charge of the province to authorize the holding of a meeting of the Provincial Board if he deems it (3) Requests made under paragraph (1) and (2) will, subject to the exigencies of the (1) The Commissioner, in relation to any meeting authorized to be held by these ond one day, upon being satisfied that this is (2) A police officer in charge of a province may also so act in relation to the meetings Upon application by the chairman of the Joint Central Committee, or under his own authority, the Commissioner may authorize combined meetings of two or more Provincial (1) A Provincial Board may submit its representations to the police officer in charge of a province, who also shall, upon application, grant a personal hearing to the Board, or any representatives thereof, on any matters coming within the objects of the Association (2) If a Provincial Board is not satisfied with the outcome of their representations to the police officer in charge of a province, they have the right to refer the matter to the Joint Central Committee for submission to the Commissioner. (3) The Joint Central Committee shall have the right to make representations to the Commissioners in all matters coming within the objects of the Association provided for in
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(4) If the Joint Central Committee is not satisfied with the outcome of their representations made to the Commissioner they have the right to refer the matter to the (5) The gazetted officer on a Provincial Board shall represent the interests of the gazetted officers of the province, and shall make representations in the manner provided the interests of the inspectorate of the province and shall make representations as provided in paragraphs (1) and (2) of this regulation in matters peculiar to the inspectorate (7) The two elected members of the Junior Branch of the Association of the province shall represent the interests of the subordinate officers of the province and shall make Junior Branch of the Association. (8) When necessary the Commissioner may consult the Association in advance on proposals or problems affecting the Force, to the solution of which they might be expected (1) The Joint Central Committee shall elect from its members, a chairman, vice-Provided that, if in the case of the election of a secretary the Joint Central Committee considers that for the more efficient and expeditious handling of the business of the Association the duties of secretary would more conveniently be carried out by a person not being a member of the Committee, the chairman may make written application to the Commissioner nominating a police officer of not less rank than inspector, selected by the Joint Central Committee, and the Commissioner may authorize the appointment of (3) The chairman, vice-chairman and secretary of the Joint Central Committee shall be respectively the chairman, vice-chairman of the Association. (1) All business of the Association coming within the objects of the Association as provided for in the regulation 46 of these Regulations shall be regarded as official (2) Attendance at any authorized meeting held under the provisions of regulations 52, A certificate of appointment of a police officer issued under section 8 of the Act shall be in Form No. 1 contained in the Fifth Schedule. A certificate of appointment of a Reserve police officer issued under section 8 of the Act shall be in Form No. 2 contained in the Fifth Schedule. A certificate of appointment of a special police officer shall be in Form No. 3 A bond executed by any person who is required to attend at court as provided by section 23(1) of the Act shall be in the form contained in the Sixth Schedule to these
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85 [Issue 1] means cartridges for small arms, the case of which can be extracted from the small arm after firing, and which is so enclosed as to prevent any explosion in one cartridge being communicated to another cartridge, but does not include tracer, explosive, incendiary, observing or signaling types of cartridges or cartridges containing or designed or adapted to contain any noxious liquid, gas or means any lethal barreled weapon, other than artillery, designed for the firing of ammunition and includes barreled apparatus designed for firing, observing or means a store established under regulation 64 for the custody of firearms and ammunition deposited by members of the public; means an officer appointed under section 3 of the Firearms “officer in charge of a firearm store” means the police officer or other person appointed by the Commissioner to be in charge of a firearm store. There are hereby established the firearm stores specified in the Seventh Schedule, (1) Subject to the provisions of these Regulations a member of the public may deposit with the officer in charge of a police station, a licensing officer or officer in charge Provided that an officer in charge of a police station, a licensing officer or officer in holsters, telescopic sight, sling, cleaning material or other such item which is not an essential component part of a firearm, or ammunition which is not packed in containers to (2) Any person who causes an officer in charge of a police station, licensing officer or officer in charge of a firearm store to accept for custody in a firearm store any ammunition, defined in section 2 of the Explosives Act (Cap. 115), shall be guilty of an offence and liable to a fine not exceeding one thousand shillings. (3) An officer in charge of a firearm store may destroy or cause to be destroyed or dispose of in any other manner any ammunition, not being ammunition as defined in section 2 of the Explosives Act (Cap. 115), found in a firearm store and no person shall be The officer in charge of a firearm store may destroy or cause to be destroyed any ammunition deposited for custody in a firearm store which is, in his opinion, dangerous or The officer in charge of a firearm store shall, so far as is possible, maintain any firearm in a firearm store in the same condition as it was at the time of deposit and for this Any member of the public who has deposited a firearm or ammunition for custody in
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firearm or ammunition on furnishing proof to an officer in charge of a police station, licensing officer or officer in charge of a firearm store that he is authorized under the
SUMMONS Whereas a charge of having committed an offence has been referred before me against (No.) …….. …………………… (Rank) ………………….. (Name) …………… (Station) …………….. ; and whereasdirected that an inquiry be held at …………………………….. on the ……………………………………………….. day of ………………………….. , 20 ……………….. , at ……………………… o’clock in the ………………… noon. Now, in exercise of the powers conferred upon me by section 33 of the Police Act, I do hereby summon and require you ………………… to attend as a witness at the said place …………………………. hereinafter mentioned, viz. ……………………………………………….. ………………………………………………………………………………………………………………Given under my hand at …………………… on the …………………….. day of …………………… , 20 …………. Presiding Officer
FORM 1
K.P.R. No. ………………… Name ……………………………… Division ………………………………………………… 1. Christian or first name(s) (BLOCK LETTERS) ……………………………………………………………………. Surname (BLOCK LETTERS) ………………………………………………………………………………………. Postal address ………………………………………………………………………………………………. Residential address ………………………………………………………………………………………….. 2. Place of Birth Country …………………………………………………………………………………………………….. Town (county or district) ……………………………………………………………………………………… 3. (a) Nationality ……………………………………………………………………………………………. (b) Nationality of parents at birth: Father …………………….. Mother …………………………………… 4. Date of birth ……………………………………………………………………………………………… 5. Profession, trade or calling ………………………………………………………………………………… 6. Married, widower or single ………………………………………………………………………………….. 7. Are you willing to be enlisted for service in tthe term of two years 8. Do you now belong to the Royal Navy, the Army, the Royal Air Force, the Royal Marines, the nial Force? If so, state which unit ……………………………. …………………………………………………………………………………………………………….. 9. Have you formerly so belonged? If so, state wh cause of discharge .. ………………………………………………………………………………………………………………
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87 [Issue 1] 10. Religious denomination ………………………………………………………………………………………I, ……………………………………………………………….. Signature of recruit …………………………………………. Signature of witness ……………………………………….. Date ………………………………………………………….
ill be attached to the Original Enlistment Form. Apparent age ……………. years ………….. months Distinctive marks, and marks indicating congenital peculiarities or previous disease
Height ……………………………. ft ………………… in.
Weight ………………………………………………….. lb.
Chest measurement
Girth when fully expanded ……………………….. in.
Range of expansion ………………………………… in.
Complexion …………………………………………………
Eyes …………………………………………………………..
Hair ……………………………………………………………
………………………………………………………………….. Medical Officer Date ………………………………………………………….
—Further remarks (if any) by the Medical Officer should be added below. Statement of the Services of No. ……………………………………. Name ……………………………………Including training and when on emergency duty. Rank From To Signatures of correctness of

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SECOND SCHEDULE—continued
FORM 2
I, ……………………………………………………………………………. do solemnly declare that I will sKenya Police Reserve, that I will carry out such police duties as I may be called on so to do by the Commissioner of Police or the officer in charge of a province or a police officer of equivalent rank, ………………………………………………………………….. Signature of Reserve Police Officer Declared before me at ………………………………………… on (date) ……………………………………. ………………………………………………………………….. Signature of person authorized to enlist Reserve
FORM 3
Deleted by L.N. 399/1963.] FORM 4
I, (No.) ……………………………….. (Rank) ……………………………… (Name) …………………..at present serving in the …………………………………………………. Dienlisted on the (date) ……………. for a period of ……………….. years and re-engaged for periods of—years on…………………………………. years on…………………………………. years on…………………………………. and being now desirous of re-engaging, do declare that I will faithfully serve the Republic of Kenya for a further period of two years from the end of my current term of engagement in the Kenya Police are required for such period. ………………………………………………………………….. Signature of Reserve Police OfficerDeclared before me at …………………………………………….. (date) ………………………………….. ………………………………………………………………….. Signature of person authorized to
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89 [Issue 1] I certify that I have examined this man and in my opinion he does not suffer from any disability or ailment likely to interfere with the efficient performance of his duties, and he is fit for general police service. ………………………………………………………………….. Signature of Medical Officer Place …………………………………………………………… Date ………………………………………….. , 20 ………….
OATH OR AFFIRMATION TO BE TAKEN ON ENLISTMENT BY RESERVE POLICE OFFICER WHO IS NOT A COMMONWEALTH CITIZEN OR BRITISH PROTECTED PERSON I, …………………………………………………………………………………………………………… and sincerely affirm)that I will give faithful service while I remain a member of the Kenya Police Reserve, and that I will at all times do my utmost to preserve the peace and to prevent offences against the same, and that I will subject myself to all Acts, orders and regulations relating to the said Reserve now in force or which may from time to time be in force, and will discharge all the duties of a Reserve Police Officer according vour, affection or ill-will. ………………………………………………………………….. Reserve Police OfficerSWORN (or AFFIRMED) by the said ………………………………………………………. ……………………………………………………………………………………………………………. after the same had been read over and explained to him in the ……………………………………………………………………………………………… language, which he appeared to understand at …………………………….. this …………………. day of ………………………………………………………………………… 20 ………………….. Before me,
APPLICATION FOR HIRE OF POLICE FOR PRIVATE PURPOSES I/We, the undersigned, hereby apply for the servicNo. of Inspectors ………………………………………………………………………………………………No. of Assistant Inspectors ……………………………………………………………………………………..No. of Sergeants ……………………………………………………………………………………………….No. of Corporals ……………………………………………………………………………………………….No. of Constables ………………………………………………………………………………………………for the purpose of ……………………………………………………………………………………………..I/We fully understand that the police officers so employed are subject to the order of the Commissioner
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I/We further understand that these officers cannot be employed on any duties other than strictly I/We further agree to pay the charges for the police officers so employed at the rates for the time being prescribed. Signatures) ………………………………………………………… Signature of Commissioner …………………………………… Date ……………………………………………………………………
[L.N. 107/2009.] FORM 1
CERTIFICATE OF APPOINTMENT OF POLICE OFFICER KENYA POLICE

LOGO

RANK:
NAME:
BLOOD GROUP
CERTIFICATE OF APPOINTMENT ions of Section 8 of the Police Act. the Commisioner of PoliceDATE: ………………………………………………………..
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FORM 2
(Badge) Force No ………………………………………
Rank ……………………………………………
CERTIFICATE OF APPOINTMENT Name …………………………………………..

(Photograph)
having duly made and signed the oath or affirmation prescribed by section 7 of the Police Act, is hereby vested with the powers, immunities and privileges appertaining to his rank and appointment in the Kenya Police Reserve.

………………………………………………………………..
Gazetted officer authorized by the

Date ………………………………………………………..

No. ……………………………………………….
FORM 3
(Badge) No. …………………………… Rank …………………..
Name ………………………………………………………
— Tribe ………………………………………………………..
CERTIFICATE OF APPOINTMENT OF SPECIAL POLICE OFFICER You are hereby appointed a Special Police
………………………………………………………………..
Signature of Police Officer authorized to appoint
Dated at …………………………………………………..
this ………………………………………………………….
day of ……………………………
20 …………………………..
………………………………………………………………..
Signature of Special Police Officer
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BOND TO ATTEND COURT I, ……………………………………………………………………. , of do hereby bind myself to attend before the ………………………………………………………………………..Court at ………………………………………………………………………. at ……………………………………… o’clockon the …………………………………………………………………… day of …………………………….. next or whenharge of against one …………….. ……………………………………………………….. and in case of making default herein I bind myself to forfeto the Government the sum of Shillings Dated this …………………………………………………………….. day of ……………………………….. , 19 …………. ………………………………………………………………….. Signature Witness ……………………………………………………… Address …………………………………………………….. Occupation …………………………………………………
[Regulation 64.] [L.N. 140/1963, L.N. 248/1963.] FIREARMS STORES Central Firearms Armoury, Nairobi.
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93 [Issue 1] 3, L.N. 415/1963, L.N. 684/1963.] 1. These Regulations may be cited as the Police (Police Council) Regulations. 2. There is hereby established a Council, to be known as the Police Council (hereinafter referred to as the Council), consisting of eight members, of whom four shall represent the Government, and shall be known as the Official Side, and four shall represent the Kenya (a) as to the Official Side— (i) the Permanent Secretary of the Ministry, or a person deputed by him, (ii) the Director of Personnel, or a person deputed by him; (iii) one person appointed by the Minister for Finance; (iv) one person to be appointed by the Minister; (b) as to the Staff Side— (i) a person appointed by the Kenya Police Representative Association who shall be vice-chairman of the Council; (ii) three persons appointed by the Kenya Police Representative (2) It shall be open to the Official Side and the Staff Side to vary the membership of the Staff Side to vary the membership of 4. The function of the Council shall be to consider all questions affecting the welfare and efficiency of the Force, including pay, pensions Provided that the Council shall not consider any question of discipline and promotion concerning an individual officer of the Force except in a case where the (2) A special meeting of the Council may be convened by the chairman and the vice-chairman whenever they consider it necessary after giving fourteen days’ notice to the ry after giving fourteen days’ notice to the 6. (1) The Council may at any time appoint a subcommittee and delegate the (2) If the Official Side and the Staff Side so agree, membership of the subcommittee (3) The subcommittee may co-opt any person to attend meetings whose knowledge (4) The chairman and vice-chairman shall direct the manner and extent to which any
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(1) Minutes shall be kept of all meetings of the Council and subcommittee unless the terms of reference of a subcommittee allow an agreed report to be submitted in lieu of (2) Minutes of all meetings of the Council shall be treated as confidential and shall not The decisions of the Council shall be made between the Official Side and the Staff In the event of deadlock being reached on any question before the Council either side shall have the right to refer the matter to arbitration in accordance with the Schedule. (2) The Staff Side shall be responsible for expenses incurred in matters falling outside (3) The cost of payment of an Arbitration Tribunal shall be in accordance with the
PROVISIONS AS TO ARBITRATION 1. Failing agreement by negotiation, arbitration shall be open to the Official Side on the one hand and to the Staff Side on the other hand, on application by either party, in regard to certain matters affecting conditions of service, subject to the limitations and conditions Where the parties are unable to reach agreement on any claim falling within the limitations set out in this Schedule, either party may refer to arbitration, in accordance with this Schedule, subject to the right of Government to refuse reference to arbitration of any dispute on grounds which the Government has declared to be matter of public policy. Disputes relating to salaries in excess of the maximum of the Governments PG. 1 Scale for the time being in force shall not be referable except with the agreement of both Disputes relating to individual officers or to the salary scales allotted to particular Disputes affecting emoluments, weekly hours of work and leave of any or all classes For the purposes of this Schedule, “emoluments” includes pay and allowances of the nature of pay, bonus, overtime rates, subsistence rates and travelling and lodging allowances, and “class” means any well-defined category of officer who, for the purpose of a particular claim, occupy the same position or have a common interest in the claim. After an award has been made by an Arbitration Tribunal under this Schedule, a dispute involving substantially the same issues shall not again be referable within a further
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95 [Issue 1] (a) The Official Side and the Staff Side shall forthwith each inform the Minister for Defence of the names of not less than three nor more than five persons, the appointment (b) Such persons to be persons of standing who are not themselves servants of any East African Government or Administration or officers or members of an association of employees of one of these Governments or Administrations or members of the National (c) Both sides shall thereafter keep the Minister informed of any necessary Both sides shall thereafter keep the Minister informed of any necessary 9. The Arbitration Act (Cap. 49) shall not apply to any reference under this Schedule. A dispute within the limits defined in this Schedule may be reported by either party to On receiving such a report the Minister for Defence shall, having confirmed that the Government does not object to arbitration on grounds of public policy, propose to both parties the name or names of one or more persons whom he considers to be suitable for appointment as chairman of an Arbitration Tribunal, and he shall thereafter negotiate as may be necessary with both parties until agreement is reached on a recommendation to be made by him to the President for the appointment ofThe Minister for Defence shall, at the same time, select one name from each of the panels of names submitted in accordance with paragraph 8 of this Schedule, and, having confirmed that both persons will be available Where on any reference the members of the Tribunal are unable to agree as to their The appointments of the chairman and members of the Tribunal shall lapse on presentation of their award, except in so far as the Tribunal may be requested to decide any question arising as to the interpretation of the award. An endeavour shall be made by both parties to a dispute to agree the terms of reference or the terms of the remit to the Tribunal, but where this is not practicable the respective statements of case shall be set out, and these together will constitute the terms Neither party shall be represented before a Tribunal except by a civil servant or, in the case of the Staff Side by a salaried official or member of the Kenya Police Arrangements shall be made to secure that, wherever possible, under normal conditions claims are heard within one calendar month of the date on which a dispute is referred to a tribunal. The following rules of procedure of an Arbitration Tribunal shall apply, subject to the general jurisdiction of the Tribunal to regulate its own procedure as it thinks fit— (a) the Tribunal shall give the parties at least fourteen days notice of the date of (b) the parties to the reference shall supply to the Tribunal in writing six copies of the statement of their case not later than seven days before the date of
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(c) when the copies of the statement of case from parties have been lodged with the Tribunal, a copy shall be sent by the Tribunal to the other side before the (d) the statement of case shall contain the following particulars— (i) the class or classes concerned, and the number of officers in such (ii) the nature of the claim, stating whether in respect of emoluments (in pay, allowances of the nature of pay, bonus, overtime rates, subsistence rates, travelling and lodging allowances), weekly hours of (iii) where the claim is in respect of emoluments, the present remuneration (iv) where the claim is in respect of weekly hours of work or leave, the (v) the grounds in support of or in opposition to the claim; (vi) where reference is made to any document or documents, copies or extracts thereof, if possible; (vii) the names and status of the representative or representatives who will (e) the statement of case shall contain all submissions upon which the party (f) the Tribunal may require parties at the hearing to read their statements of (g) evidence, either oral or in writing, and observations in support of or in opposition to the claim shall be referable to the submissions contained in the (h) where any party desires that a case should be adjourned from the date fixed to a later date, a consent to such adjournment signed by all parties shall be sent to the Tribunal, and the Tribunal, if good reason is shown, shall thereupon sanction the adjournment; and, if joint consent cannot be obtained, application may be made to the Tribunal by the party desiring the
No. 11A of 2011National Police Service
97 [Issue 1] IN EXERCISE of the powers conferred by section 4(1) of the Administration police Act, the Minister of State responsible for matters relating to internal security approves the appointment of administration police in the districts or areas specified in the Schedule Nyanza Kisumu, Suba, Migori, Siaya, Kisii Central, Kisii North, Homa Bay, South, Bondo and Nyando. Rift Valley Nakuru, Narok, Bomet, Keiyo, Turkana, Nandi, Samburu, Kajiado, Baringo, Kericho, Marakwet, Laikipia, Trans Mara, Uasin Gishu, West Pokot, Central Nyeri, Thika, Kiambu, Murandarua and Maragwa. Coast Mombasa, Taita Taveta, Kwale,Eastern Embu, Kitui, Meru Central, Isiolo, Mwingi, Moyale, Makueni, Meru North, Western Kakamega, Teso, Vihiga, Bungoma, Mt. Elgon, Busia, Butere, Mumias and North-Eastern Mandera, Wajir, Garissa and Ijara. Nairobi Nairobi Area.

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