Point in Time
Act No: No. 11A of 2011
Act Title: NATIONAL POLICE SERVICE
[ Date of commencement: 30th August, 2011. ]
[ Date of assent: 27th August, 2011. ]
Arrangement of Sections
PART I – PRELIMINARY
1.
Short title

This Act may be cited as the National Police Service Act.

3.
Object of Act

The object of this Act is to give effect to the provisions of Articles 238, 239, 243, 247, 244 of the Constitution.

PART II – COMPOSITION, FUNCTIONS AND POWERS OF THE SERVICE
6.
Deployment of the Service
(1)

The Service shall be deployed in Kenya for the performance of the functions specified in the Constitution, this Act or any other law.

(2)

The National Security Council may, in case of an emergency, deploy the Service or any part thereof in the defence of Kenya.

(3)

For purposes of deploying the Service in case of an emergency under subsection (2), the procedure under Article 58 of the Constitution shall apply.

9.
Appointment of the Inspector-General and the Deputy Inspectors-Generals

The Inspector-General, the Deputy Inspector-General in charge of Kenya Police Service and the Deputy Inspector-General in charge of Administration Police Service, shall be appointed to office in accordance with Article 245 of the Constitution and sections 12 and 13 of this Act.

19.
Oath of office

Before taking up the office, the Inspector-General, and Deputy Inspectors-General shall each make and subscribe to the oath or affirmation set out in the Fourth Schedule before the Chief Justice.

20.
Vacancy and filling of vacancy
(1)

The office of the Inspector-General or Deputy Inspectors-General shall become vacant if the holder—

(a)

dies;

(b)

resigns from office by a notice in writing addressed to the President; or

(c)

is removed from office in accordance with the Constitution or this Act.

(2)

Where a vacancy occurs in the office of the Inspector-General or Deputy Inspector-General, the President shall appoint a replacement in accordance with sections 12 and 13.

PART III – CONSTITUTION, ADMINISTRATION, FUNCTIONS AND POWERS OF THE KENYA POLICE SERVICE
24.
Functions of the Kenya Police Service

The functions of the Kenya Police Service shall be the—

(a)

provision of assistance to the public when in need;

(b)

maintenance of law and order;

(c)

preservation of peace;

(d)

protection of life and property;

(e)

investigation of crimes;

(f)

collection of criminal intelligence;

(g)

prevention and detection of crime;

(h)

apprehension of offenders;

(i)

enforcement of all laws and regulations with which it is charged; and

(j)

performance of any other duties that may be prescribed by the Inspector-General under this Act or any other written law from time to time.

PART IV – CONSTITUTION, ADMINISTRATION, POWERS AND FUNCTIONS OF THE ADMINISTRATION POLICE SERVICE
PART V – THE DIRECTORATE OF CRIMINAL INVESTIGATIONS
28.
Establishment of the Directorate of Criminal Investigations Department

There is established the Directorate of Criminal Investigations which shall be under the direction, command and control of the Inspector-General.

32.
Vacancy and filling of vacancy
(1)

The office of the Director of Criminal Investigations shall become vacant if the holder—

(a)

dies;

(b)

resigns from office by a notice in writing addressed to the President; or

(c)

is removed from office in accordance with the Constitution or this Act.

(2)

Where a vacancy occurs in the office of the Director of Criminal Investigations the President shall appoint a replacement in accordance with section 30.

34.
Functions of the Director

The Director of Criminal Investigations shall—

(a)

be responsible for the effective and efficient administration and operations of the Directorate;

(b)

provide strategic guidance and direction for the Directorate;

(c)

be responsible for the preparation of the budget and planning for the directorate;

(d)

monitor and evaluate the Directorate;

(e)

undertake supervision of the Directorate;

(f)

co-ordinate training, research and development in the Directorate;

(g)

provide internal oversight of the Directorate;

(h)

improve transparency and accountability in the Directorate.

(i)

co-operate and engage in joint security operations with the Deputy Inspectors-General of both the Kenya Police Service and the Administration Police Service, other Government departments and security organs, where necessary, when relevant, to ensure the safety and security of the public; and

(j)

perform any other functions that may be assigned by the Inspector-General under this Act or any other law.

35.
Functions of the Directorate

The Directorate shall—

(a)

collect and provide criminal intelligence;

(b)

undertake investigations on serious crimes including homicide, narcotic crimes, human trafficking, money laundering, terrorism, economic crimes, piracy, organized crime, and cyber crime among others;

(c)

maintain law and order;

(d)

detect and prevent crime;

(e)

apprehend offenders;

(f)

maintain criminal records;

(g)

conduct forensic analysis;

(h)

execute the directions given to the Inspector-General by the Director of Public Prosecutions pursuant to Article 157 (4) of the Constitution;

(i)

co-ordinate country Interpol Affairs;

(j)

investigate any matter that may be referred to it by the Independent Police Oversight Authority; and

(k)

perform any other function conferred on it by any other written law.

36.
Funds of the Directorate
(1)

The funds of the Directorate shall consist of—

(a)

monies provided by Parliament for purposes of the Directorate;

(b)

such monies or assets as may accrue to the Directorate in the performance of its functions or the exercise of its powers under this Act or any other written law; and

(c)

all monies from any other source provided or donated to the Directorate.

(2)

Notwithstanding subsection (1), any funds donated or lent, or any gift made to the Directorate shall be made public.

37.
Financial Year

The financial year of the Directorate shall be—

(a)

the period beginning on the day on which this Act comes into operation and ending on the thirtieth of June next following; and

(b)

subsequently, the period of twelve months commencing on the first of July of every year and ending on the thirtieth of June of the following year.

38.
Annual estimates
(1)

At least three months before the commencement of each financial year, the Director of Criminal Investigations shall cause to be prepared estimates of the revenue and expenditure of the Directorate for that year.

(2)

The annual estimates shall make provision for all the estimated expenditure of the Directorate for the financial year concerned, and in particular shall provide for—

(a)

the payment of salaries, allowances and other charges in respect of the staff of the Directorate;

(b)

the payment of pensions, gratuities and other charges and in respect of benefits which are payable out of the funds of the Directorate;

(c)

the maintenance of the assets of the Directorate;

(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.

39.
Accounts and audit
(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, 2003 (No. 12 of 2003).

PART VI – COUNTY POLICING AUTHORITIES