National Police Service Act

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

Section 2 provides definitions for terms used in the Act (interpretation of key phrases such as "administration police officer", "area", "arms", "arrest", "Cabinet Secretary", "community policing", and "torture").

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

Section 10 lists the functions and powers assigned to the Inspector-General, including implementing policy, auditing and coordinating police operations, advising Government, preparing annual budgetary estimates and policing plans, issuing Service Standing Orders and making them available to officers, and related operational and administrative functions.

Lists the qualifications and disqualifications for appointment to the offices of Inspector‑General and Deputy Inspector‑General, including citizenship, academic qualifications, distinguished career, Chapter Six compliance, and specific fields of experience; also lists prohibitions such as recent political officeholding, prior convictions, constitutional violations, and undischarged bankruptcy.

The Inspector-General is appointed by the President with the approval of Parliament; the President must nominate a person within fourteen days of a vacancy and submit the name to Parliament; Parliament must consider and approve or reject and the Speaker must notify the President; if Parliament approves the nominee the President must appoint within seven days; if Parliament neither approves nor rejects within thirty days the nominee is deemed approved.

When a vacancy arises in the Office of Deputy Inspector-General the President must, on the recommendation of the National Police Service Commission, appoint a suitably qualified person within fourteen days of the vacancy.

Recruitment of the Inspector-General and Deputy Inspector-General must comply with the values and principles set out in the Constitution, in particular Articles 10, 27 and 232.

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

The President may appoint one of the Deputy Inspector-General to act as the Inspector-General for a period not exceeding three months on recommendation of the National Police Service Commission.

The President may remove, retire or redeploy a Deputy Inspector-General before that Deputy Inspector-General reaches the age of retirement.

The Inspector-General serves a single four-year term, may be removed before the term expires subject to constitutional provision, and is not eligible for reappointment.

The Inspector-General and Deputy Inspectors-General must make and subscribe to the oath or affirmation in the Fourth Schedule before the Chief Justice before taking up office.

When a vacancy arises in the office of the Inspector-General or Deputy Inspector-General, the President must appoint a replacement.

Establishes a Service Board (naming its members) and lists its functions; the Board may create committees and co-opt experts, and it must appoint a secretary from among Service officers.

The National Police Service must consist of the maximum number of officers determined from time to time by the National Security Council in consultation with the National Police Service Commission; the Service must consist of the ranks in the First Schedule; police officers have seniority according to positions in the First and Second Schedules.

Upholds the principle that not more than two-thirds of the appointments shall be of the same gender.

The Service must be deployed in Kenya to perform constitutional and statutory functions; the National Security Council may deploy the Service or part of it in defence during an emergency.

The section makes certain former police officers members of the National Police Service on commencement, requires all officers to undergo vetting by the National Police Service Commission, empowers the Commission to discontinue service of officers who fail vetting, and requires the Commission to develop vetting criteria and Regulations in consultation with the Cabinet Secretary.

The National Police Service is under the overall and independent command of the Inspector-General; the Inspector-General may perform or delegate functions, may impose conditions and may withdraw delegations or amend decisions; the Inspector-General must give direction in conflicts between mandates.

Inspector-General must command and manage the National Police Service and is responsible for command and discipline, subject to the Commission's disciplinary control; Deputy Inspector-Generals command their services under the Inspector-General; the Cabinet Secretary may give written policy directions to the Inspector-General.

The Inspector-General and the two Deputy Inspectors-General shall be appointed to office in accordance with Article 245 of the Constitution and sections 12 and 13 of this Act.

Section 22 sets out that the Kenya Police Service consists of the ranks in the First Schedule; the Cabinet Secretary may amend the First Schedule on the Inspector General's advice by Gazette order, but the Cabinet Secretary shall not amend the ranks of the Inspector‑General or Deputy Inspector‑General.

The Deputy Inspector-General of the Kenya Police Service must manage the effective and efficient day-to-day administration and operations of the Kenya Police Service.

The Kenya Police Service must provide assistance to the public when in need.

Section 25 states the composition of the Administration Police Service and that it shall consist of the ranks set out in the First Schedule; the Cabinet Secretary may, on the advice of the National Police Service Commission, amend the Schedule by Order published in the Gazette.

The Deputy Inspector-General, Administration Police Section is responsible for the effective and efficient day-to-day administration and operations of the Administration Police Service.

Functions include provision of assistance to the public when in need.

Police officers may form welfare associations, and those associations shall be recognized by the Inspector-General, the National Police Service Commission and the Cabinet Secretary for consultation on matters specified in section 83 and other matters concerning police officers.

Police associations must bring to the notice of the Inspector‑General, the National Police Service Commission, and the responsible Cabinet Secretary any matters affecting the general welfare and efficiency of the Police.

Every recognized police association must make rules for administering the association and carrying out its objects.

States registration requirements and says membership is drawn from the National Police Service.

The Association must be independent of trade unions.

Creates the Directorate of Criminal Investigations and places it under the direction, command and control of the Inspector-General.

Specifies appointment, qualifications and certain duties of the Director of Criminal Investigations, including appointment by the National Police Service Commission, oath-taking before assuming office, responsibility to the Inspector‑General, and that the Director is a State officer.

When the office of the Director of Criminal Investigations becomes vacant, the President must, on the recommendation of the National Police Service Commission, appoint a suitably qualified person within fourteen days.

The President may remove, retire or redeploy a Director of Criminal Investigations before the Director reaches retirement age.

If a vacancy occurs in the office of the Director of Criminal Investigations, the President must appoint a replacement in accordance with section 30; vacancies arise if the Director dies, resigns by written notice to the President, or is removed under the Constitution or this Act.

The Directorate of Criminal Investigations must have officers from the National Police Service as assigned by the National Police Service Commission on the Directorate's recommendation.

The Director must be responsible for the effective and efficient administration and operations of the Directorate.

The Directorate Section must collect and provide criminal intelligence.

Section 36 lists the sources of funds for the Directorate and requires that any funds, gifts or loans donated or lent to the Directorate be made public.

Financial year means the period beginning on the day on which this Act comes into operation and ending on the thirtieth of June next following.

The Director of Criminal Investigations must prepare annual estimates of the Directorate's revenue and expenditure at least three months before each financial year; the Directorate must approve the estimates before the financial year begins, submit them to the Cabinet Secretary for approval, and may not increase any sum in the estimates without the Cabinet Secretary's consent after approval.

The Directorate of Criminal Investigations must keep proper accounting books and records and must have its annual accounts prepared, audited and reported in accordance with constitutional articles and the Public Audit Act.

The Inspector-General may designate police stations; must ensure stations are equitably distributed, develop uniform records procedures, and stations must register victims, provide support schemes and facilities for complaints; Inspector-General may establish outposts by Regulations.

Section 41 establishes the composition, appointment, membership criteria and functions of County Policing Authorities, including recruitment, terms, guidelines, and certain duties and powers (e.g. authorising a Deputy Governor to chair in the Governor's absence and establishment of committees).

The County Policing Authority must meet at least once every three months; the Chairperson determines time and venue; the Cabinet Secretary must issue policy guidelines; quorum is fifty percent of total members.

Members of the County Policing Authority shall be paid allowances determined by the Cabinet Secretary on the advice of the Salaries and Remuneration Commission and in accordance with Gazette rules.

The National Police Service (the Service) must meet the expenses of the County Policing Authorities.

A police officer (including Administration Police, Kenya Police, DCI officers and reservists) is to be considered always on duty when required and must perform duties and exercise powers under this Act or any other law wherever deployed in Kenya.

Police officers are entitled to the rights in the Constitution; their working hours must be reasonable and, if excessive overtime is required, they are to be compensated with rest and allowed minimum rest between shifts.

The rights and fundamental freedoms of National Police Service officers may be limited by law for specified purposes (security, classified information, integrity, safety, and to prevent prejudice to others), while some activities (e.g. joining trade unions and striking) are prohibited for officers; officers are not to be barred from voting if law gives them the vote.

Access to information; the protection of classified information.

Police officers may exercise powers and must perform duties imposed by law; they must report daily incidents, act lawfully when exercising powers, be competent to execute process, respect rules and report violations; the Inspector-General may make regulations on handling information; victims of rights violations by police are entitled to redress and compensation.

Police officers in charge of a station or post must keep records of complaints, charges and arrests; police officers must record and report complaints against police officers, and failure to do so is an offence.

Police officers must obey lawful orders and warrants and perform functions including assisting the public, maintaining order, protecting life and property, preventing offences, collecting intelligence, investigating crime, detecting offenders and apprehending persons they are authorized to arrest.

Police officers may require persons to attend a police station in writing; persons must comply, give correct name and address and answer lawfully put questions, but are not required to answer self-incriminating questions; police must record statements, warn charged persons, and have statements signed after being read in an understood language.

Police officers investigating alleged (non-discipline) offences may require a person to give a bond to ensure the person will attend court, and failing to comply is an offence.

Kenya Police must maintain order on roads and public places, including regulating traffic, preventing obstructions, and preventing unnecessary obstruction during assemblies; a person who disobeys a lawful order under subsection (1) commits an offence and may be arrested without a warrant unless they give their name and address and satisfy the officer that they will answer summonses.

Magistrates, police officers and certain appointed persons may take measurements, photographs and other forensic evidence of persons in lawful custody or under police supervision; the Inspector-General must prescribe the form for taking such evidence; those taking the evidence must certify it; refusing to permit such taking is an offence.

Police officers may require production of licences or permits when they suspect unlawful acts or possession; detention must be used only as a last resort and abusing these powers is an offence.

Authorised officers may allow controlled deliveries for investigations; the Cabinet Secretary must make regulations specifying procedure and safeguards; definitions of "authorised officer" and "controlled delivery" are provided.

Police officers may demand entry to premises, enter and search without a warrant in specified urgent circumstances; may stop, search and detain vehicles or vessels suspected of involvement in offences; persons must obey stop signals or face conviction punishable by up to 12 months imprisonment or a fine up to 100,000 shillings; officers must identify themselves, record actions and items taken, and report to a superior.

A police officer (including Administration Police, Kenya Police, DCI officers and reservists) has the power to arrest without a warrant a person accused by another of aggravated assault when the officer believes on reasonable grounds the assault was committed.

Police officers' arrests and detentions are subject to the rules contained in the Fifth Schedule.

Police officers may search premises without a warrant in specified urgent circumstances after recording their grounds; officers must carry and produce their appointment certificate on request and must record and promptly take seized items to a magistrate.

Police officers must perform their functions and exercise powers using non-violent means, but may use force and firearms in accordance with the Sixth Schedule.

If a police officer’s act was done in obedience to a warrant with a judge’s or magistrate’s signature, the court must accept the warrant as prima facie evidence and, on proof, enter judgment for the officer; the officer may rely on a defence that they reasonably believed the signature was genuine.

Section 63 sets out procedures for custody, detention, notice, claim period and disposal of unclaimed property, including delivery to a police station, posting notice, a twelve-month claim period and sale of unclaimed items with proceeds payable to a claimant or into Government Revenue.

Subject to this Act or any other law, a police officer (including Administration Police, Kenya Police, DCI officers and reservists) may lay a lawful complaint before a magistrate or apply to a subordinate court for summons, warrant or other legal process.

Police officers in charge of stations may order barriers; uniformed officers may prevent vehicles crossing them; drivers who ignore signals commit an offence with penalties; records of barriers must be kept and open to inspection; Inspector‑General must issue guidelines; public may lodge complaints.

Members, employees or agents of the National Police Service are not personally liable for acts or things done in good faith in the performance of Service functions, but a person may bring proceedings against the Inspector‑General if the court is satisfied the officer would have been liable but for that protection.

Police officers are not entitled to keep or use publicly supplied articles for private benefit unless specifically authorized by regulations; they must hold such articles at the order and disposal of the state.

When a police officer is dismissed, resigns or otherwise leaves the Service, they must forthwith hand over any supplied articles they are not expressly authorized to keep or use for private benefit.

Restrictions on resignations: officers below the rank of Deputy Inspector-General may not resign until three months after giving notice (unless the Inspector-General accepts a shorter period); officers under disciplinary proceedings may not resign without the written permission of the Inspector-General; the Inspector-General must ensure disciplinary proceedings are carried out without delay.

A police officer performing the duties of a prison officer is entitled to the same powers, protections and privileges as a prison officer.

Members of the Service must not engage in trade, business or employment outside their duties if it conflicts with their duties; those who intend to do other employment must apply to and obtain approval from the Commission, which may approve or reject; the Commission must keep a register of approvals and send copies to the Cabinet Secretary.

The Inspector-General may request, with National Security Council approval, that the National Police Service Commission appoint persons as special police officers for specified periods and areas; on request the Commission shall appoint them; while serving they are deemed police officers.

A police officer must, upon being enlisted, make and sign the oath or affirmation in the Fourth Schedule before an authorized officer or the Inspector‑General, in English or Swahili, in the manner the officer considers most binding on his conscience.

The Inspector‑General must ensure certificates of appointment are issued to every person appointed as a police officer; police officers must produce that certificate when requested by any person in relation to whom they are exercising or are about to exercise a power under the Act.

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

Police officers below Deputy-Inspector-General must retire at age sixty; they may retire at age fifty with the Commission's approval; officers below sergeant may voluntarily retire after twelve or twenty years; benefits for those who retire after more than twenty years but before fifty are calculated as if they had retired after twenty years.

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

Police officers whose service expires during a state of war, state of emergency, or while emergency regulations are in force may be retained and have their service prolonged by direction of the Inspector‑General, but not for more than six months after the end of that state or time.

Police officers may join international police associations subject to rules made by the Inspector-General.

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

The National Police Service must establish and maintain police training institutions for training and retraining of its officers; it may collaborate with other training institutions to provide training.

Establishes a Service Examination Board composed of nine members appointed by the Commission and empowers the Commission to make regulations to give effect to the section.

The National Police Service Commission must, in consultation with the Inspector-General, develop guidelines on examination and certification of police trainees.

Establishes an Internal Affairs Unit composed of a Director (assistant Inspector‑General), deputy director and other staff, gives the Unit functions to receive and investigate complaints, promote discipline, keep records, and require separate offices; sets reporting lines and allows the County Policing Authority to intervene in delayed investigations; Inspector‑General may authorise disciplinary proceedings in exceptional cases.

Police officers are subject to laws and regulations relating to the National Police Service; offences against discipline include those in the Eighth Schedule; a police officer who commits a criminal offence is liable to criminal proceedings, and if convicted under subsection (3) faces imprisonment of not less than ten years and not more than twenty years.

If a police officer is interdicted from duty, their appointment does not end because of that interdiction; they remain subject to the same discipline, penalties and authority.

Section 89 lists possible disciplinary punishments for police officers and sets procedures for recording, approval, accompaniment, and appeal.

Certain police officers or other authorized persons may summon and examine witnesses, require documents and adjourn inquiries; persons summoned must attend, answer lawful questions (except self‑incriminating ones) and produce documents or commit an offence; if the summoned person is a police officer this is deemed an offence against discipline.

Fines for disciplinary offences may be recovered by deductions from the monthly salary of the officer on whom the fine is imposed, but total deductions in any month must not exceed one-fourth of gross salary.

If a police officer pawns, sells, loses, makes away with, or willfully or negligently damages property entrusted to or seized by the Service, the officer must make good the value (wholly or partially), and that value may be recovered by deductions from pay; specific acts involving firearms, ammunition, accoutrement or uniform are offences punishable by up to five years' imprisonment or a fine up to five hundred thousand, or both.

Police officers are prohibited from being members of trade unions or certain bodies that seek to control or influence pay, pensions or terms and conditions of service.

If a police officer absents from duty without leave or just cause for more than ten days they are presumed to have deserted; officers may arrest suspected deserters without a warrant and must take them before a magistrate; desertion is an offence punishable by summary dismissal or up to two years imprisonment.

Police officers are prohibited from subjecting anyone to torture or other cruel, inhuman or degrading treatment.

Creates the National Police Service Disciplinary Board, lists its membership, and sets certain functions including inquiries, disciplinary proceedings, making recommendations (including summary dismissal), power to engage experts, and that the Commission may establish subordinate Boards which shall inquire into discipline for lower-ranked officers.

Community members must elect a chair (civilian) and vice-chair (police). The Committee must determine its procedure and keep minutes; it may co-opt advisors. Forum members serve voluntarily and may not claim compensation. Quorum is a majority. The chair presides; the vice-chair presides if the chair is absent; if both absent members present elect a presider.

Establishes and maintains a partnership between the community and the Service (the National Police Service).

A County Policing Authority must establish structures to implement community policing across the county and carry out related functions including policy implementation, training facilitation, receiving reports, and preparing reports for the Cabinet Secretary.

Police officers in charge of an area must consult stakeholders and facilitate establishment of area community policing committees and other administrative structures; station and post commanders and elected community members shall be members of those committees; where appropriate, Administration Police and Kenya Police must establish joint committees or structures.

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

It is prohibited for a person to wear or assume a police officer's uniform, name or designation or to pretend to be a police officer; however, a person may use police uniform for artistic purposes with the approval of the Inspector-General.

It is an offence to use or attempt to pass off forged or false documents or to give a false answer to a police officer; a police officer may arrest without a warrant if they reasonably believe the person committed the offence.

Assaulting, resisting or willfully obstructing a police officer in the due execution of the officer's duties is described.

The Inspector-General may, on application by any person, station a police officer for duty at places and periods the Inspector-General approves; the Inspector-General must only deploy an officer for private use to protect the public good or interest; the Inspector-General must make regulations to implement this section; monies paid for private use are to be paid to the National Treasury.

Deployment of additional officers on private property for the safety of the private property of any person.

Allows the Cabinet Secretary to declare an area disturbed or dangerous, permits orders (via Gazette) to prohibit possession of arms and require surrender, authorises stationing of additional officers, allows police to search without warrant in specified circumstances, requires police to produce appointment certificate on request, and requires notices to state their period and be withdrawable or extendable by the Cabinet Secretary.

The President may, if satisfied the foreign law is reciprocal and Kenya is or will be declared reciprocating, declare a country to be a "reciprocating country" by notice in the Gazette for purposes of this Part.

The President may order police officers to proceed to a reciprocating country to assist its police service in a temporary emergency; police officers punished there for offences committed while present are deemed punished in Kenya for a similar offence.

The President may apply to a reciprocating country to send its police officers to Kenya to assist the National Police Service in a temporary emergency.

Section 110 sets out who may make up the National Police Reserve and several administrative duties: the Reserve shall consist of Kenyan residents (not serving members of disciplined services) aged 18 to 55 who volunteer and are enrolled; the National Security Council shall determine the maximum number of Reserve police officers; the Commission must keep a database and vet existing reserve officers (those who fail vetting shall not continue to serve); the Inspector‑General must train reserve officers.

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

The Inspector-General may make regulations providing for command of the police reserve and may specify how reserve police officers must relate to regular Service personnel during normal and joint operations.

Recruitment is carried out by the National Police Service Commission upon recommendation and in consultation with the Inspector-General.

Reserve officers must be enlisted and trained by the Inspector-General; certificates of appointment are issued to Reserve police officers and recruitment must follow Commission rules.

Reserve police officers enrolled under this Act must serve for five years and must not be re-engaged.

The head of the National Police Service in a county may require Reserve police officers resident there to perform police duties in writing; the Inspector-General may call out Reservists during a state of war or emergency who must remain on duty until released and must undergo training determined by the Inspector-General.

Police reserve officers are subject to discipline under the Service's standing orders, rules and regulations.

Reserve police officers serve voluntarily, are not entitled to claim remuneration except for prescribed allowances; when mobilized they shall receive pay and allowances prescribed for police of corresponding rank and seniority.

The National Assembly must allocate adequate funds for the National Police Service and the Inspector-General must ensure individual police stations and related units receive sufficient funds.

The Service is funded by monies allocated by the National Assembly and by monies lawfully granted, donated or lent from other sources with the approval of the Cabinet Secretary responsible for matters relating to the Service and the Cabinet Secretary responsible for finance; funds given under subsection (1)(b) must be made public.

Defines "Financial year" as the period commencing on the date when this Act comes into force and ending on the thirtieth of June next following.

The Inspector-General must cause the National Police Service's revenue and expenditure estimates to be prepared at least three months before each financial year starts.

The National Police Service must approve and submit annual estimates before the financial year and cannot increase any sums after Cabinet Secretary approval without that Secretary's consent.

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

Section 122. Accounts and audit Section 122(1) The Service ("the National Police Service established in Article 243 of the Constitution;") shall cause to be kept all proper books and records of account of the income, expenditure, assets

Every police station is treated as a lock-up where a person suspected of having committed an offence may be temporarily detained.

Regulates the hours of duty for police officers and the keeping and signing of records of attendance.

The Inspector-General has the power to make regulations concerning the description and issue of arms, ammunition, uniform, accoutrements and necessaries to be supplied to the Service.

The Cabinet Secretary is assigned a range of functions relating to the National Police Service and county policing authorities, including setting policy guidelines, monitoring and inspection, facilitating public and county authority engagement, receiving reports, creating regulations, establishing oversight bodies, and attention to child protection and persons with disabilities or special needs.

The National Security Council must integrate national and foreign national-security policies into policing policy and programmes to enable the National Police Service to cooperate with other national security organs and function effectively.

Regulations, rules and other subsidiary legislation or guidelines made under this Act must be published in the Gazette and notified to the public.

Anyone who commits an offence under this Act for which no other penalty is provided is liable to imprisonment for a term not exceeding five hundred thousand shillings or to both.

Any reference to the Police Act (Repealed) or the Administration Police Act (Repealed) in any written law is to be read as a reference to this Act.

The Inspector-General must establish a system for continuous and sustainable police reforms concerning operational matters; the Cabinet Secretary may establish a system for continuous and sustainable police reforms concerning policy matters.