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.

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.

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

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 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 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.

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.

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

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.

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.

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 8 states: "Section dies;"

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 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.

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

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.

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

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.

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 or demand whatsoever.

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

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.

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.

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.

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

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

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.