The National Police Service Act, 2011

36


(d) the funding of operations, training, research and
development of the activities of the Directorate;

(e) the creation of such funds to meet future or
contingent liabilities in respect of benefits,
insurance or replacement of buildings or
installations, equipment and in respect of such
other matters as the Directorate may think fit.

(3) The annual estimates shall be approved by the
Directorate before the commencement of the financial year to
which they relate, and shall be submitted to the Cabinet
Secretary for approval, and after the Cabinet Secretary has
given approval the Directorate shall not increase any sum
provided in the estimates without the consent of the Cabinet
Secretary.

Accounts and
audit.
39.(1) The Directorate shall cause to be kept all proper
books and records of account of the income, expenditure, assets
and liabilities of the Directorate.

(2) Within a period of three months after the end of each
financial year the Directorate shall submit to the Auditor-
General the accounts of the Directorate in respect of that year
together with-

(a) a statement of the income and expenditure of the
Directorate during that year, and

(b) a statement of the assets and liabilities of the
Directorate on the last day of the financial year.

(3) The annual accounts of the Directorate shall be
prepared, audited and reported upon in accordance with Articles
226 and 229 of the Constitution and the Public Audit Act.

PART VI COUNTY POLICING AUTHORITIES


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37

Designation of
police stations.
40.(1) The Inspector-General may, by a notice in the
Gazette designate police stations.

(2) In designating police stations under subsection (1), the
Inspector-General shall ensure that such police stations are
equitably distributed throughout each County.

(3) The police stations under subsection (1) shall be the unit
for police service delivery.

(4) Each police station shall

(a) be the centre for the administrative and command
functions of all police services under the Service in
one station; and

(b) provide room for operational creativity to the police
officers from all the services under the Service.

(5) The Inspector General shall ensure the development of
procedures which facilitate uniform keeping of records at all
police stations.

(6) Each police station shall register the victims of crime
and violence within their areas of jurisdiction and establish
support schemes for them.

(7) Each station shall have a facility to receive, record and
report complaints against police misconduct.

(8) The Inspector-General may establish outposts and other
units which shall reflect the principles under the Constitution
and this section.

County Policing
Authority.
41.(1) There shall be established a County Policing
Authority in respect of each county which shall comprise

(a) the Governor or a member of the County Executive

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38

Committee appointed by the Governor, who shall
be the chairperson;
(b) county representatives appointed by the Inspector-
General, who shall comprise the heads of the
National Police Service, the National Intelligence
Service and the Directorate of Criminal
Investigations at the county level;
(c) two elected members nominated by the County
Assembly;
(d) the chairperson of the County Security Committee;
(e) at least six other members appointed by the
Governor, from among the following categories of
persons ordinarily resident in the county
(i) the business sector;
(ii) community based organizations;
(iii) women;
(iv) persons with special needs;
(v) religious organizations; and
(vi) the youth.

(2) The members referred to in subsection (1) (e) shall be
recruited through a competitive process by the office employing
public officers in the county.

(3) The names of members nominated under subsection (1)
(e) shall be forwarded to the County Security Committee for
vetting and subsequent thereto, the County Assembly for
approval.

(4) In nominating and appointing members under

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39

subsection (1) (e) the nominating bodies, public service office
at the County level and Governor shall

(a) uphold the principle of one third gender
representation;

(b) ensure geographical representativeness of the
county, and may nominate more than one
representative in respect of each category.

(5) Notwithstanding subsection (1)(e), the membership of
the County Policing Authority shall be proportional to the
number of constituencies in the County.

(6) In the absence of the chairperson, the members shall
elect one of their member to chair the meetings of the County
Policing Authority.

(7) A person shall not be qualified for appointment as a
member under subsection (2), if that person

(a) has violated the Constitution;
(b) is adjudged bankrupt;
(c) is not of good character or moral standing;
(d) has been convicted of a felony; or
(e) has not been resident or employed in the county
for a continuous period of not less than three
years.
(7) Members appointed under subsection (1)(e) shall serve
for a term of two years and shall be eligible for reappointment
for one further term.

(8) The Commission in consultation with the Cabinet
Secretary shall issue and publish in the Gazette guidelines to be
followed during the nomination, appointment, removal from
office, vacancy of office and filling of vacancy of members of

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40

the Authority.

(9) The functions of the Authority shall be to
(a) develop proposals on priorities, objectives and
targets for police performance in the county;
(b) monitor trends and patterns of crime in the county
including those with a specific impact on women
and children;
(c) promote community policing initiatives in the
county;
(d) monitor progress and achievement of set targets;
(e) provide financial oversight of the budget of the
County police;
(f) provide feedback on performance of the police
service at the county level county police;
(g) provide a platform through which the public
participate on the all aspects to do with county
policy and the national police service at county
level;
(h) facilitate public participation on county policing
policy;
(i) ensure policing accountability to the public;
(j) receive reports from Community Policing Forums
and Committees; and
(k) ensure compliance with the national policing
standards.
(10) Every Authority shall prepare, publicize and submit
quarterly reports to the Inspector-General, Cabinet Secretary,
County Assembly and Governor

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41

(a) accounting for the status and progress on each of
the functions with which it is charged; and

(b) the impediments to the performance of those
functions.
(11) The members of the Authority shall in their first
meeting elect one of their own to serve as Secretary to the
Authority.
(12) A person elected as secretary shall be based at the
Governors office and shall not be a police officer.
(13) Nothing in this section shall authorize any Authority
to interfere with

(a) the investigation of any particular offence or
offences;

(b) the enforcement operations of the law against
any particular person or persons;

(c) the employment, assignment, promotion,
suspension or dismissal of any member of the
Service; or
(d) the operations of the Service.

Meetings of the
Authorities.
42. (1) Every County Policy Authority shall meet at least
once every three months at a time and venue to be determined
by the Chairperson.

(2) The Cabinet Secretary shall issue policy guidelines on
the conduct of business of the Authority.

(3) The quorum of the Authority shall be fifty percent of
the total members.


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42

Payment of
allowances.
43. Members of the Authority shall be paid such
allowances as may be determined from time to time by the
Cabinet Secretary on the advice of the Salaries and
Remuneration Commission in accordance with rules published
in the Gazette.

Funds for County
Policing
Authorities.
44. The expenses of the County Policing Authorities shall
be met by the Service.








PART VII GENERAL FUNCTIONS, POWERS,
OBLIGATIONS AND RIGHTS OF POLICE OFFICERS IN
THE SERVICE


Officer deemed to
be on duty.
45. A police officer shall for the purposes of this Act, be
considered to be always on duty when required and shall
perform the duties and exercise the powers granted to him
under this Act or any other law at any place in Kenya where he
or she may be deployed.

Rights of police
officers.
46.(1) Subject to section 47, a police officer shall be
entitled to all the rights set out in the Constitution.

(2) Working hours of police officers shall be reasonable and
where excessive overtime is required police officers shall be
compensated with commensurate periods of rest, and they shall
be allowed a minimum time of rest during and in between shifts.


Limitation of rights
and fundamental
freedoms of police
officers.
47.(1) Subject to Article 24, 25 and 35 of the Constitution,
the rights and fundamental freedoms of an officer of the Service
may be limited for the purposes, in the manner and to the extent