Document | Kenya National Police Service Act – Art. 107, 108, 109 : « Reciprocating country defined »

[Rev. 2012] No. 11A of 2011
National Police Service [Issue 1]
NO. 11A OF 2011
NATIONAL POLICE SERVICE ACT

ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY

Section

1. Short title.
2. Interpretation.
3. Object of Act.
   PART II – COMPOSITION, FUNCTIONS AND POWERS OF THE SERVICE
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.
9. Appointment of the Inspector-General and the Deputy Inspectors-Generals.
10. Functions and powers of the Inspector-General.
11. Qualifications for appointment of Inspector-General and Deputy Inspector-General.
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 General.
15. Removal of Inspector-General.
16. Temporary absence of the Inspector-General.
17. Removal of Deputy Inspector-General.
18. Term of office.
19. Oath of office.
20. Vacancy and filling of vacancy.
21. Requirement for consultation.
    PART III – CONSTITUTION, ADMINISTRATION, FUNCTIONS AND POWERS OF
    THE KENYA POLICE SERVICE
22. Composition of the Kenya Police Service.
23. Functions of the Deputy Inspector-General of the Kenya Police Service.
24. Functions of the Kenya Police Service.
    PART IV – CONSTITUTION, ADMINISTRATION, POWERS AND FUNCTIONS OF
    THE ADMINISTRATION POLICE SERVICE
25. Composition of the Administration Police Service.
26. Functions of the Deputy Inspector-General, Administration Police.
27. Functions of the Administration Police Service.
    PART V – THE DIRECTORATE OF CRIMINAL INVESTIGATIONS
28. Establishment of the Directorate of Criminal Investigations Department.
29. Qualifications of the Director of Criminal Investigations.
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    Section
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.
38. Annual estimates.
39. Accounts and audit.
    PART VI – COUNTY POLICING AUTHORITIES
40. Designation of police stations.
41. County Policing Authority.
42. Meetings of the Authorities.
43. Payment of allowances.
44. Funds for County Policing Authorities.
    PART VII – GENERAL FUNCTIONS, POWERS, OBLIGATIONS AND RIGHTS OF
    POLICE OFFICERS IN THE SERVICE
45. Officer deemed to be on duty.
46. Rights of police officers.
47. Limitation of rights and fundamental freedoms of police officers.
48. Access to information.
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 photographs, fingerprints and forensic evidence.
56. Stoppage and detention.
57. Power to enter premises and stop vehicles, etc., without warrant.
58. Power to arrest without a warrant.
59. Arrests and detentions by Police.
60. Power to search without warrant in special circumstances.
61. Power to use firearms.
62. Non-liability for act done in obedience to warrant.
63. Custody of unclaimed property.
64. Power to apply for summons, etc.
65. Power to erect barriers.
66. Protection from personal liability.
67. Public property not to be used privately.
68. Surrender of public property on resignation, etc.
69. Restrictions on resignations.
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70. Powers, etc., whilst engaged on duties of prison officer.
71. Police officers prohibited from taking other employment.
72. Special police officers.
    PART VIII – RECRUITMENT, ENLISTMENT AND TRAINING OF 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 Organizations.
79. Training policy and curriculum.
80. Training institutions.
81. Examinations and certification.
    PART IX – POLICE SERVICE ASSOCIATIONS
82. Representation of police officers.
83. Functions of police associations.
84. Recognized associations to make rules.
85. Registration requirements.
86. Association to be independent of trade union.
    PART X – OFFENCES AGAINST DISCIPLINE BY POLICE OFFICERS
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.
    PART XI – COMMUNITY POLICING FORUMS AND COMMITTEES
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.
     PART XII – OFFENCES GENERALLY
101. Impersonation of police officer or wearing police uniform, etc.
102. Obtaining admission to the Service by fraud.
103. Assault in execution of duty.
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     PART XIII – PROVISION FOR ADDITIONAL OFFICERS
     Section
104. Private use of police officers.
105. Deployment of additional officers on private property.
106. Additional officers for disturbed or dangerous areas.
     PART XIV – RECIPROCAL ARRANGEMENTS WITH RECIPROCATING
     COUNTRIES
107. Reciprocating country defined.
108. Service of officers in reciprocating country.
109. Service of police officers of reciprocating country in Kenya.
     PART XV – THE NATIONAL POLICE RESERVE
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.
     PART XVI – FINANCIAL PROVISIONS
116. Allocations of Funds.
117. Funds of the Service.
118. Financial year.
119. Annual estimates.
120. Approval of annual estimates.
121. Expenditure.
122. Accounts and audit.
     PART XVII – MISCELLANEOUS PROVISIONS
123. Police station to be lock-up.
124. Regulations by the Commission.
125. Regulations by the Inspector-General.
126. Role of Cabinet Secretary.
127. Role of the National Security Council.
128. Regulations, Rules, etc.
129. General penalty.
     PART XVIII – REPEALS AND SAVINGS
130. Repeal of Cap. 84 and Cap. 85.
131. Saving and transitions.
132. Continuous and sustainable police reforms.
     SCHEDULES
     FIRST SCHEDULE – RANKING STRUCTURE IN THE KENYA POLICE
     SERVICE
     SECOND SCHEDULE – RANKING STRUCTURE IN THE ADMINISTRATION
     POLICE SERVICE
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     THIRD SCHEDULE – PROCEDURE FOR FIRST APPOINTMENT OF THE
     INSPECTOR-GENERAL AND DEPUTY INSPECTORGENERAL
     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
     POLICE ASSOCIATION
     EIGHTH SCHEDULE – OFFENCES AGAINST DISCIPLINE
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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
     such arms.
     (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
     occupier the officer’s certificate of appointment.
     (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
     Gazette, direct.
     (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
     within an area specified in a notice issued under subsection (1).
     PART XIV – RECIPROCAL ARRANGEMENTS WITH RECIPROCATING
     COUNTRIES
     
133. Reciprocating country defined
     In this Part, “reciprocating country” 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 Gazette, declare to be a
     reciprocating country for the purposes of this Part.
     
134. Service of officers in reciprocating country
     (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 the police service of that country in a temporary emergency.
     (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
     punished in Kenya for a similar offence committed within Kenya.
     
135. Service of police officers of reciprocating country in Kenya
     (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
     for the purpose of assisting the Service in a temporary emergency.
     (2) Whenever police officers from a reciprocating country are present in
     Kenya in pursuance of an application made under subsection (1)—
     (a) the police officers shall be under the command of a senior officer of
     the Service;
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     (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
     Service;
     (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
     Kenya.
     
     PART XV – THE NATIONAL POLICE RESERVE
136. Composition of the Reserve
     (1) The National Police Reserve (hereinafter referred to as “the Reserve”)
     shall consist of such persons resident in Kenya (other than serving members of
     the Kenya disciplined services) as, having attained the age of eighteen years,
     volunteer for service and are enrolled as reserve police officers.
     (2) The Commission shall determine the maximum number Reserve police
     officers.
     (3) The Reserve may be deployed in Kenya to assist the Kenya Police
     Service or the Administration Police Service in their respective mandates
     including in the—
     (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
     charged.
     (4) A person serving as a Reserve police officer shall be bound by the same
     requirements as a police officer and shall be supervised by the Service.
     (5) The Commission shall keep, maintain and update a database of all the
     officers of the Reserve police officers.
     (6) The Commission shall upon the commencement of this Act, vet all
     existing Reserve police officers to assess their suitability and competence, and
     any such officer who fails the vetting shall not continue to serve the Service.
     (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
     conversant with and conform to the Constitution and this Act.
137. Certificate of appointment for Reserve police officers
     (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
     under this Act.
     (2) A Reserve police officer shall be recruited, enlisted and trained in
     accordance with the rules and regulations developed by the Commission.

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