Independent Policing Oversight Authority Act

This Act may be cited as the Independent Policing Oversight Authority Act.

Until after the first elections under the Constitution, references in this Act to "Cabinet Secretary" are to be read as references to "Minister".

Sets qualifications and disqualifications for members of the Board and requires a disqualified member to notify authorities and to stop attending meetings; contravention is an offence.

Establishes a multi-step appointment procedure for Board members: designated offices form a selection panel which convenes, advertises and shortlists candidates, conducts public interviews, forwards shortlisted names to the President who, within specified days, selects nominees for National Assembly approval; the National Assembly vets and may approve or reject; approved names are forwarded to the President who appoints them; includes timelines and a not-more-than-two-thirds gender rule.

When there is a vacancy in the Board, the procedure set out under section 11 applies.

Appointed members of the Board shall hold office for one term of six years.

Specifies grounds and procedure for removing the chairperson or a member of the Board: petition to the Public Service Commission, PSC recommends if two‑thirds agree, National Assembly forwards to the President, President appoints a tribunal (composition set out), tribunal investigates and makes a binding recommendation which the President must implement within seven days; President may suspend a member pending outcome and a suspended person is entitled to half pay.

The Chairperson, the Members and the Director must each make and subscribe to the oath or affirmation in the First Schedule before the Chief Justice.

The Board's conduct and regulation of its business must follow the Second Schedule; the Board may regulate its own procedure.

Appointed members of the Board shall be paid remuneration as may be advised by the Salaries and Remuneration Commission in consultation with the Cabinet Secretary responsible for finance.

The Board may delegate its powers or functions under section 6 to committees or individuals, and the Board remains accountable for actions under such delegations.

The Board must appoint a suitably qualified Director; the Director is appointed via an open recruitment process, serves on Board-determined terms, is the Authority's chief executive responsible for daily management, and must ensure safety and security of staff, premises, assets and information when required by the Board.

When there is a vacancy in the office of the Director, a new Director shall be appointed in accordance with section 19.

A person desiring the removal of the Director may present a petition to the Commission on any of the grounds listed in subsection (1).

The Board must appoint necessary staff and ensure Board members and staff receive adequate training; the Public Service Commission may determine terms and conditions of service.

When an appointment under this Act requires National Assembly approval, the President must make that appointment in consultation with the Prime Minister and do so before the first general elections under the Constitution.

Creates the Independent Policing Oversight Authority and grants it corporate powers including suing, holding and disposing of property, and performing other lawful acts of a body corporate.

The Authority must be independent, observe impartiality and natural justice; government officers must assist and protect it; no one may interfere with its operations; and Parliament must ensure it is adequately funded.

Hold the Police accountable to the public in the performance of their functions.

The Authority must investigate complaints about disciplinary or criminal offences by Service members, may do so on its own motion or on receipt of a complaint, must make recommendations (including prosecution, compensation, internal disciplinary action or other relief) to relevant authorities, and must publish the responses to those recommendations.

Section 7 lists specific powers that the Authority may exercise in performing its functions, including requisitioning information, entering premises with a warrant, seizing items, taking statements, summoning persons and officers, recommending prosecutions, investigating deaths or serious injuries from police action, taking over delayed internal investigations, providing information to victims for civil suits, requiring responses from the DPP and the Service, mediating minor complaints, and requesting assistance.

The Authority shall be governed by a Board called the Independent Policing Oversight Board.

Section 9 sets out Board membership: a chairperson qualified for appointment as a High Court Judge; members with specified expertise areas; the Chairperson of the Kenya National Human Rights and Equality Commission is an ex‑officio member; members must elect a vice‑chair at the first meeting (from subsection (1)(b)); chair and vice‑chair must be of opposite gender; the Director is Secretary and may not vote.

Sets out how complaints against the Police may be lodged (orally, in writing, or other prescribed formats), requires employees to record oral complaints and assist complainants, and gives the Authority powers to call for reports, initiate inquiries, suspend or re-open investigations and in specified cases to refer complaints to Internal Affairs; it also protects Police members from disadvantage for lodging complaints and creates an offence for subjecting them to such disadvantage.

The Authority must investigate deaths or serious injuries resulting from Police action or caused by members of the Service on duty; the Police must secure and supply evidence and notify the Authority when such a death or serious injury occurs; a Police officer who violates the Police evidence/notification duty commits an offence.

The Authority must not investigate matters that are already the subject of proceedings before a court or judicial tribunal.

If the section considers it necessary to inquire into the conduct of any person, persons affected are to be heard.

A person giving evidence before the Authority is entitled to immunity from civil or criminal proceedings, except if the statement was made knowing it to be false.

After investigations the Authority must recommend prosecution, disciplinary action, improvements, other actions for complainants or victims, or take other steps; the Authority may apply to court to enforce its recommendations.

The Authority must submit a performance report to the Cabinet Secretary at least once every six months; the Cabinet Secretary must publicize it and lay it before the National Assembly within fourteen days of receipt (or when the Assembly resumes); the Authority must also publicize the report in a manner it considers appropriate.

Section 31 lists various offences; subsection (2) makes it an offence for any person to publish a confidential document or statement in contravention of section 23(14), punishable by a fine up to 300,000 shillings, imprisonment up to three years, or both.

Section 32 specifies the Authority's funds: monies allocated by Parliament; monies lawfully granted, donated or lent from other sources with approval of the Cabinet Secretary and the Cabinet Secretary for Finance; and it prohibits the Authority from accepting money from the National Police Service.

The Authority's financial year is a period of twelve months ending on the thirtieth June of each year.

The Authority must prepare annual revenue and expenditure estimates, approve and submit them to the Cabinet Secretary before the financial year starts; it may not increase estimated sums without the Cabinet Secretary's consent, and no expenditure may be incurred except as voted by Parliament.

The Board must ensure all proper books and records of account for the Authority's income, expenditure, assets and liabilities are kept.

Members, officers, employees and agents of the Authority are not personally liable for actions done in good faith in the performance or execution of the Authority's functions, powers or duties; however subsection (2) allows a person to bring proceedings against the Inspector-General if the court is satisfied the Police officer or other person would, but for subsection (1), have incurred liability.

The common seal of the Authority must be kept in custody as the Authority directs and may not be used except on the Authority's order; when affixed and authenticated it is judicially and officially noticed and any necessary Authority order is presumed.

The Authority must prepare an annual report each financial year, submit it to the Cabinet Secretary within three months after year-end, include specified contents, the Cabinet Secretary must transmit it to the National Assembly within thirty days of receipt, and the Authority must publish the report in the Gazette and other manners it determines.

Regulations on the mode of bringing complaints before the Authority.