Kenya Act or statute

Parliament of Kenya

National Police Service Commission Act

The Act may be cited as the National Police Service Commission Act. Section 2 provides definitions (interpretation) for terms used in the Act. Section 10 lists the functions of the Commission, inc…

Jurisdiction: Kenya
Structure: 30 provisions
Citation: Cap. 85
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“The Act may be cited as the National Police Service Commission Act.”

The Act may be cited as the National Police Service Commission Act. Section 2 provides definitions (interpretation) for terms used in the Act. Section 10 lists the functions of the Commission, including developing HR policies, determining remuneration, approving private engagements, providing terms and disciplinary procedures, exercising disciplinary control, promoting constitutional values, hearing appeals, overseeing training, receiving and referring complaints, reviewing service conditions, reporting to the President and National Assembly, and may delegate certain recruitments to the Inspector-General subject to balancing requirements. Section 11 lists the Commission's powers, including gathering information, interviewing candidates, managing assets, holding disciplinary hearings, requiring reports from the Inspector‑General, conducting investigations and public inquiries, issuing summonses, taking disciplinary action, informing itself, receiving statements and not being bound by strict rules of evidence. Strive for the highest standards of professionalism and discipline among the members of the Service.

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PRELIMINARY - 1. Short title

The Act may be cited as the National Police Service Commission Act.

Section 1

COMPOSITION AND ADMINISTRATION - 15. Appointment of Secretary

Section 15

COMPOSITION AND ADMINISTRATION - 8. Vacancy

Section 8 states: "Section dies;"

Section 8

MISCELLANEOUS PROVISIONS - 23. Protection from personal Liability

If a matter or thing is done in good faith to execute the Commission's functions, powers or duties, the chairperson, a member of the Commission or any officer, employee or agent of the Commission shall render that person personally liable to any action, claim…

Section 23

MISCELLANEOUS PROVISIONS - 30. Transitional

Before the first general elections after the Constitution was promulgated, appointments of the Commission's chairperson and members must be made in consultation with the Prime Minister.

Section 30

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Showing 30 of 30 provisions

Provision 24Offence 3Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act may be cited as the National Police Service Commission Act.

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

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 provides definitions (interpretation) for terms used in the Act.

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

Section 2Verify source

Part II

COMPOSITION AND ADMINISTRATION

§ 10COMPOSITION AND ADMINISTRATION - 10. Functions of the CommissionOffence

Section 10 lists the functions of the Commission, including developing HR policies, determining remuneration, approving private engagements, providing terms and disciplinary procedures, exercising disciplinary control, promoting constitutional values, hearing appeals, overseeing training, receiving and referring complaints, reviewing service conditions, reporting to the President and National Assembly, and may delegate certain recruitments to the Inspector-General subject to balancing requirements.

Section 10. Functions of the Commission Section 10(1)(a) on the recommendation of the Inspector-General develop and keep under review all matters relating to human resources policies of members of the Service; Section 10(1)(b) with the advice of the Salaries and Remuneration Commission, determine the appropriate remuneration and benefits for the Service and staff of the Commission; Section 10(1)(c) approve applications for engagement by police officers in trade and other businesses, in accordance with the law relating to matters of leadership and integrity under Article 80 of the Constitution; Section 10(1)(d) co-operate with other State agencies, departments or commissions on any matter that the Commission considers necessary; Section 10(1)(e) provide for the terms and conditions of service and the procedure for recruitment and disciplinary measures for civilian members of the Service; Section 10(1)(f) develop fair and clear disciplinary procedures in accordance with Article 47 of the Constitution; Section 10(1)(g) the Commission shall not undertake investigations on criminal matters; Section 10(1)(g)(i) the Commission shall not undertake investigations on criminal matters; Section 10(1)(g)(ii) where, in the course of disciplinary investigations the Commission identifies violation of any written law, whether civil liability or criminal offence, the Commission shall recommend the prosecution of the offender in accordance with the law: Section 10(1)(h) exercise disciplinary control over persons holding or acting in office in the Service; Section 10(1)(i) promote the values and principles referred to in Articles 10 and 232 of the Constitution throughout the Service; Section 10(1)(j) deleted by ActNo. 3 of 2014, s. 3(b) ; Section 10(1)(k) hear and determine appeals from members of the Service on disciplinary matters relating to transfers, promotions and appointments; Section 10(1)(l) develop policies and provide oversight over training in the Service; Section 10(1)(m) approve training curricula and oversee their implementation; Section 10(1)(n) investigate, monitor and evaluate personnel practices of the Service; Section 10(1)(o) receive and refer civilian complaints to the Independent Policing Oversight Authority, the Kenya National Human Commission on Human Rights, the Director of Public Prosecutions or the Ethics and Anti-Corruption Commission, as the case may be, where necessary; Section 10(1)(p) review and make recommendations to the national government in respect of conditions of service, code of conduct and qualifications of officers in the Service; Section 10(1)(q) evaluate and report to the President and the National Assembly on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the Service; Section 10(1)(r) deleted by ActNo. 3 of 2014, s. 3(b); Section 10(1)(s) receive complaints and recommendations from police associations registered in accordance with the applicable law; Section 10(1)(t) perform such other functions as are provided for by the Constitution, this Act or any written law. Section 10(2) Subject to the provisions of the Constitution or any written law, the Commission may delegate to the Inspector-General the recruitment, appointment and promotion of police officers under the rank of superintendent: Provided that the Inspector-General shall, during such recruitment, appointment or promotion, take into account gender, county and ethnic balancing. Section 10(3)(a) the making of any regulations, rules, code of conduct or subsidiary legislation under this Act or any other written law; Section 10(3)(b) the making and submitting of any report to the President and the National Assembly; and Section 10(3)(c) the performance of any function the delegation of which would amount to unjustified delegation of the Commission's discretion. Section 10(4)(a) the development and prescription of fair and clear disciplinary procedures in accordance with Article 47 of the Constitution; Section 10(4)(b) development, and prescription of disciplinary procedures and mechanisms; Section 10(4)(c) monitoring compliance by the Inspector-General with the prescribed disciplinary procedures and guidelines issued by the Commission; Section 10(4)(d) monitoring compliance with the due process in disciplining members of the Service; Section 10(4)(e) receiving regular reports from the Inspector-General on disciplinary maters handled by the National Police Service; Section 10(4)(f) reviewing or ratification of disciplinary actions taken by the Inspector-General; Section 10(4)(g) hearing and determining appeals on disciplinary matters from members of the Service. Section 10(5)(a) be in writing; Section 10(5)(b) be subject to any conditions the Commission may impose; and Section 10(5)(c) not divest the Commission of the responsibility concerning the exercise of its powers or the performance of the duty delegated.

Section 10Verify source

§ 11COMPOSITION AND ADMINISTRATION - 11. Powers of the CommissionProvision

Section 11 lists the Commission's powers, including gathering information, interviewing candidates, managing assets, holding disciplinary hearings, requiring reports from the Inspector‑General, conducting investigations and public inquiries, issuing summonses, taking disciplinary action, informing itself, receiving statements and not being bound by strict rules of evidence.

Section 11. Powers of the Commission Section 11(1)(a) gather, by any means it considers appropriate, any information and compel the production of such information as and when necessary; Section 11(1)(b) interview persons for purposes of filling vacancies in the Service taking into consideration gender, county and ethnic balancing; Section 11(1)(c) manage and safeguard the assets of the Commission; Section 11(1)(d) hold disciplinary hearing proceedings for the purposes of performing its functions under this Act on matters relating to its mandate as provided for under Article 246(3) of the Constitution; Section 11(1)(e) require the Inspector-General to report on the implementation of the policies and procedures within the mandate on the Commission; Section 11(1)(f) conduct investigations on any matters within its mandate; Section 11(1)(g) make recommendations to the Government on any matter relating to the Service and report on the action taken by the Government on the recommendation; Section 11(1)(h) conduct public inquiries on matters relating to its mandate as provided for under Article 246(3) of the Constitution and publish the outcome of such inquiries; Section 11(1)(i) issue summons to witnesses; and Section 11(1)(j) take lawful disciplinary action on any officer under its control. Section 11(2)(a) inform itself in such manner as it thinks fit; Section 11(2)(b) receive written or oral statements; and Section 11(2)(c) not be bound by the strict rules of evidence.

Section 11Verify source

§ 12COMPOSITION AND ADMINISTRATION - 12. Standard of serviceProvision

Strive for the highest standards of professionalism and discipline among the members of the Service.

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

Section 12Verify source

§ 13COMPOSITION AND ADMINISTRATION - 13. Committees of the CommissionProvision

The Commission may set up committees and co‑opt external persons into those committees; co‑opted persons may attend and take part in meetings but cannot vote.

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

Section 13Verify source

§ 14COMPOSITION AND ADMINISTRATION - 14. Procedures of the CommissionProvision

The Commission's business must be conducted in accordance with the Second Schedule; except as provided there, the Commission may regulate its own procedure.

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

Section 14Verify source

§ 15COMPOSITION AND ADMINISTRATION - 15. Appointment of SecretaryProvision

The Commission must appoint a suitably qualified Secretary through an open, transparent and competitive recruitment process; the Secretary must take the prescribed oath before assuming office, serve a five-year term (eligible for one re-appointment), be responsible to the Commission, and where not re-appointed the vacancy must be advertised at least three months before term expiry.

Section 15. Appointment of Secretary Section 15(1) The Commission shall, through an open, transparent and competitive recruitment process, appoint a suitably qualified person to be the Secretary to the Commission and to serve on such terms and conditions as the Commission may determine. Section 15(2)(a) is a citizen of Kenya; Section 15(2)(b) holds a postgraduate degree from a University recognized in Kenya; Section 15(2)(c) has had at least ten years' proven experience at management level; Section 15(2)(d) management; Section 15(2)(d)(i) management; Section 15(2)(d)(ii) law; Section 15(2)(d)(iii) economics; Section 15(2)(d)(iv) change management; Section 15(2)(d)(v) finance; Section 15(2)(d)(vi) governance; or Section 15(2)(d)(vii) public administration; and Section 15(2)(e) meets the requirements of Chapter Six of the Constitution. Section 15(3) The Secretary shall be a State officer for the purposes of Article 260 of the Constitution. Section 15(4) Before assuming office, the Secretary shall take and subscribe to the oath of office prescribed under the First Schedule. Section 15(5) The Secretary shall hold office for a term of five years and shall be eligible for re-appointment for one further term. Section 15(6) Where the Commission does not intend to re-appoint the Secretary, the Commission shall cause the vacancy to be advertised at least three months before the expiry of the incumbent's term. Section 15(7) The Secretary shall, in the performance of the functions and duties of office, be responsible to the Commission. Section 15(8)(a) the chief executive officer of the Commission; Section 15(8)(b) the accounting officer of the Commission; Section 15(8)(c) acting on the decisions of the Commission; Section 15(8)(c)(i) acting on the decisions of the Commission; Section 15(8)(c)(ii) the implementation of the functions of the Commission; Section 15(8)(c)(iii) the formulation and development of an efficient administration; Section 15(8)(c)(iv) the organization, control and management of the members of staff of the Commission; Section 15(8)(c)(v) day-to-day administration and management of the affairs of the Commission; Section 15(8)(c)(vi) the performance of such other duties as may be assigned by the Commission.

Section 15Verify source

§ 16COMPOSITION AND ADMINISTRATION - 16. Removal of SecretaryProvision

Section 16 lists grounds for removing the Secretary and provides that the Secretary must be informed in writing of the reasons for intended removal and given an opportunity to defend.

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

Section 16Verify source

§ 17COMPOSITION AND ADMINISTRATION - 17. Appointment of StaffProvision

Section 17 allows the Commission to appoint staff it needs; allows the Public Service Commission to second public officers on request; and deems seconded public officers to be officers of the Commission and subject to its direction and control during secondment.

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

Section 17Verify source

§ 3COMPOSITION AND ADMINISTRATION - 3. Further powers of the CommissionProvision

The Commission may acquire and dispose of property, perform acts necessary to discharge its functions, must have its headquarters in Nairobi, and may establish branches in Kenya.

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

Section 3Verify source

§ 4COMPOSITION AND ADMINISTRATION - 4. Membership of the CommissionProvision

The Commission must consist of nine members; the chairperson and members must serve full-time.

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

Section 4Verify source

§ 5COMPOSITION AND ADMINISTRATION - 5. Qualification for appointment of chairperson and membersProvision

Sets qualifications and disqualifications for appointment as chairperson and members, including citizenship, recognised degree, Chapter Six compliance, non-affiliation with the National Police Service, specified expertise and career distinction; requires the President to appoint two retired senior police officers of opposite gender and sets rank and other disqualification rules.

Section 5. Qualification for appointment of chairperson and members Section 5(1)(a) is a citizen of Kenya; Section 5(1)(b) holds a degree from a university recognized in Kenya; Section 5(1)(c) meets the requirements of Chapter Six of the Constitution, and Section 5(1)(d) is not, and has not previously been a member of the National Police Service. Section 5(2) For purposes of Article 246(2)(a)(ii) of the Constitution, the President shall appoint two retired senior police officers, one each from the Kenya Police Service and the Administration Police Service, and who shall be of opposite gender. Section 5(3) A person shall not be qualified for appointment under subsection (2) unless the person held the rank of senior superintendent of police or above. Section 5(4)(a) holds a degree from a university recognized in Kenya; Section 5(4)(b) finance and administration; Section 5(4)(b)(i) finance and administration; Section 5(4)(b)(ii) economics; Section 5(4)(b)(iii) human resources development and management; Section 5(4)(b)(iv) public administration; Section 5(4)(b)(v) labour laws; Section 5(4)(b)(vi) economics; Section 5(4)(b)(vii) law; Section 5(4)(b)(viii) human rights; Section 5(4)(b)(ix) ethics and governance; Section 5(4)(b)(x) mediation and consensus building; and Section 5(4)(b)(xi) change management. Section 5(4)(c) meets the requirements of Chapter Six of the Constitution; Section 5(4)(d) is not and has not previously been a member of the National Police Service; and Section 5(4)(e) has had a distinguished career in their respective fields. Section 5(5)(a) is or has been at any time within the previous five years a member of Parliament or a county assembly; Section 5(5)(b) other than the Inspector-General or Deputy Inspectors-General, is a serving State officer; Section 5(5)(c) is a member of a governing body of a political party; Section 5(5)(d) is an undischarged bankrupt; Section 5(5)(e) has been convicted of a felony; or Section 5(5)(f) has been removed from office for contravening the provisions of the Constitution or any other law. Section 5(6) Subsection (5)(a) shall cease to apply to a person after one general election for Parliament has been held since the person ceased to hold such office.

Section 5Verify source

§ 6COMPOSITION AND ADMINISTRATION - 6. Appointment of the chairperson and membersProvision

Sets out the composition and step-by-step appointment process for the chairperson and members: a selection panel advertises and shortlists candidates; the President selects and forwards nominees to the National Assembly which vets them; the Speaker and President perform subsequent forwarding and appointment steps within specified time limits; gender balance of at most two-thirds of same gender is required.

Section 6. Appointment of the chairperson and members Section 6(1)(a) the Office of the President; Section 6(1)(b) the Office of the Prime Minister; Section 6(1)(c) the Judicial Service Commission; Section 6(1)(d) the Commission for the time being responsible for matters relating to anti-corruption; Section 6(1)(e) the Kenya National Commission on Human Rights; Section 6(1)(f) the Commission for the time being responsible for matters relating to gender; and Section 6(1)(g) the Association of Professional Societies in East Africa. Section 6(2)(a) convene the first meeting of the selection panel, at which the members of the selection panel shall elect a chairperson from among their number, and Section 6(2)(b) provide the selection panel with such facilities and other support as it may require for the discharge of its functions. Section 6(3) The selection panel shall, within seven days of its convening, by advertisement in at least two daily newspapers of national circulation, invite applications from persons who qualify for nomination and appointment for the position of the chairperson and members of the Commission under Article 246(2) (a) of the Constitution and this Act. Section 6(4)(a) consider the applications received under subsection (3) to determine their compliance with the provisions of the Constitution and this Act; Section 6(4)(b) short list the applicants; Section 6(4)(c) publish the names of the shortlisted applicants and the qualified applicants in at least two daily newspapers of national circulation; and Section 6(4)(d) conduct public interviews of the shortlisted persons; Section 6(4)(e) shortlist three qualified applicants for the position of chairperson; Section 6(4)(f) shortlist eight qualified applicants for the position of the members of the Commission; and Section 6(4)(g) forward the names of the qualified persons under paragraph (e) and (f) to the President Section 6(5) The President shall, if he approves, within fourteen days of receipt of the names of successful applicants forwarded under subsection (4)(g), select the chairperson and members of the Commission and forward the names of the persons so selected to the National Assembly for approval. Section 6(6) The National Assembly shall, within twenty-one days of the day it next sits after receipt of the names of the applicants under subsection (5), vet and consider all the applicants, and may approve or reject any or all of them. Section 6(7) Where the National Assembly approves of the applicants, the Speaker of the National Assembly shall forward the names of the approved applicants to the President for appointment. Section 6(8) The President shall, within seven days of receipt of the approved applicants from the National Assembly, by notice in the Gazette , appoint the chairperson and members approved by the National Assembly. Section 6(9) Where the National Assembly rejects any nomination, the Speaker shall within three days communicate its decision to the President and request the President to submit fresh nominations. Section 6(10) Where a nominee is rejected by the National Assembly under subsection (9), the President shall within seven days, submit to the National Assembly a fresh nomination from amongst the persons shortlisted and forwarded by the selection panel under subsection (5). Section 6(11) If the National Assembly rejects any or all of the subsequent nominees submitted by the President for approval under subsection (10), the provisions of subsections (1) to (6) shall apply. Section 6(12) In shortlisting, nominating or appointing persons as chairperson and members of the Commission, the selection panel, the National Assembly and the President shall ensure that not more than two-thirds of the members are of the same gender. Section 6(13) The selection panel may, subject to this section, determine its own procedure. Section 6(14) After the first general elections under the Constitution, the member of the selection panel under subsection (1)(b) shall be replaced by a representative of the Public Service Commission. Section 6(15) The selection panel shall stand dissolved upon the appointment of the chairperson and members under subsection (9). Section 6(16) Where the provisions of subsection (11) apply, the selection panel shall continue to exist but shall stand dissolved upon the requisite appointments being made under subsection (12).

Section 6Verify source

§ 7COMPOSITION AND ADMINISTRATION - 7. Oath of officeProvision

The Chairperson, the members and the Secretary must each make and subscribe to the oath or affirmation in the First Schedule before the Chief Justice; the members of the Commission must elect a vice-chairperson at their first meeting from among the members referred to in section 5(4).

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

Section 7Verify source

§ 8COMPOSITION AND ADMINISTRATION - 8. VacancyProvision

Section 8 states: "Section dies;"

Section 8. Vacancy Section dies;

Section 8Verify source

§ 9COMPOSITION AND ADMINISTRATION - 9. Filling of a vacancyProvision

If a vacancy occurs on the Commission, the President must appoint a replacement; a member appointed under that subsection serves for a term of six years.

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

Section 9Verify source

Part III

FINANCIAL PROVISIONS

§ 18FINANCIAL PROVISIONS - 18. Funds of the CommissionProvision

Section 18 lists three sources of the Commission's funds—Parliamentary appropriations, monies or assets accruing to the Commission in exercising its powers or performing its functions under the Act, and monies from other sources provided, donated or lent to the Commission—and requires that funds donated or lent to, or gifts made to, the Commission shall be disclosed and made public.

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

Section 18Verify source

§ 19FINANCIAL PROVISIONS - 19. Financial yearProvision

The Commission's financial year is twelve months from 1 July to 30 June of the following year.

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

Section 19Verify source

§ 20FINANCIAL PROVISIONS - 20. Annual estimatesCommencement

The Commission must prepare annual revenue and expenditure estimates before each financial year, approve them, and submit them to the Cabinet Secretary for tabling in Parliament.

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

Section 20Verify source

§ 21FINANCIAL PROVISIONS - 21. Accounts and auditProvision

The Commission must cause proper books and records of account for its income, expenditure, assets and liabilities to be kept.

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

Section 21Verify source

Part IV

MISCELLANEOUS PROVISIONS

§ 22MISCELLANEOUS PROVISIONS - 22. The common seal of the CommissionProvision

The Commission has control over the custody and use of its common seal: the seal must be kept in such custody as the Commission directs and must not be used except on the order of the Commission; when affixed and duly authenticated it shall be judicially and officially noticed and necessary Commission orders or authorizations are presumed to have been given unless the contrary is proved.

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

Section 22Verify source

§ 23MISCELLANEOUS PROVISIONS - 23. Protection from personal LiabilityProvision

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

Section 23Verify source

§ 24MISCELLANEOUS PROVISIONS - 24. Privileged communicationProvision

Certain Commission officers and persons are prohibited from testifying or disclosing communications made in the Commission about its functions and powers.

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

Section 24Verify source

§ 25MISCELLANEOUS PROVISIONS - 25. Penalty for giving false information to the CommissionOffence

Creates a penalty for giving false information to the Commission in connection with applications for employment, nomination, recommendation for appointment, confirmation in appointment, promotion, deployment or transfer in the Service.

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

Section 25Verify source

§ 26MISCELLANEOUS PROVISIONS - 26. Annual reportProvision

The Commission must prepare an annual report each financial year, submit it to the President and National Assembly within three months after year end, include the specified contents (Section 26(3)(a)–(j)), and publish and publicize the report in a manner the Commission may determine.

Section 26. Annual report Section 26(1) The Commission shall cause an annual report to be prepared for each financial year. Section 26(2) The Commission shall submit the annual report to the President and the National Assembly three months after the end of the year to which it relates. Section 26(3)(a) the financial statements of the Commission; Section 26(3)(b) a description of the activities of the Commission; Section 26(3)(c) such other statistical information as the Commission may consider appropriate relating to the Commission's functions; Section 26(3)(d) any recommendations made to the Inspector-General, State department or any person and the action taken; Section 26(3)(e) the impact of the exercise of any of its mandate or function; Section 26(3)(f) the progress and the welfare of the members of the Service, including matters relating to housing, insurance, safety, equipments and the conditions of service; Section 26(3)(g) any impediments to the achievements of the objects and functions under the Constitution, this Act or any written law; Section 26(3)(h) the evaluation of the administration of the National Police Service; Section 26(3)(i) the gender, county regional and ethnic diversity in the Service; and Section 26(3)(j) any other information relating to its functions that the Commission considers necessary. Section 26(4) The Commission shall cause the annual report to be published and the report shall be publicized in a manner as the Commission may determine.

Section 26Verify source

§ 27MISCELLANEOUS PROVISIONS - 27. OffencesOffence

It is an offence for a person to obstruct, hinder or threaten Commission members or staff, to submit false or misleading information to the Commission, or to knowingly misrepresent anything to mislead persons acting under the Commission; on conviction the person may be fined up to five hundred thousand shillings, imprisoned for up to three years, or both.

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

Section 27Verify source

§ 28MISCELLANEOUS PROVISIONS - 28. RegulationsProvision

Regulations on appointments, confirmation of appointments, promotions and termination of appointments.

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

Section 28Verify source

§ 29MISCELLANEOUS PROVISIONS - 29. Code of conductProvision

The Commission must develop a code of conduct for its members of staff.

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

Section 29Verify source

§ 30MISCELLANEOUS PROVISIONS - 30. TransitionalProvision

Before the first general elections after the Constitution was promulgated, appointments of the Commission's chairperson and members must be made in consultation with the Prime Minister.

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

Section 30Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Commission acting under this Act
Section 27
Commission appointed under the Constitution and section 6 of this Act
Section 2
Commission under Article 246(2) (a) of the Constitution and this Act
Section 6

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31 Dec 2022 · currentEnglish

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