Act No: CAP. 84
Act Title: NATIONAL POLICE SERVICE
SUBSIDIARY LEGISLATION
Arrangement of Sections
THE NATIONAL POLICE SERVICE (VETTING) REGULATIONS

ARRANGEMENT OF REGULATIONS

PART I – PRELIMINARY

1.

Citation
2.

Interpretation

PART II – APPLICABLE PRINCIPLES

3.

Objectives and purpose of vetting
4.

Principles of vetting

5.

Public proceedings
6.

Conflict of interest
7.

Determination of suitability and competence
8.

Officers may retire voluntarily

PART III – THE VETTING PROCESS

9.

Powers of the Commission and panels
10.

Vetting panels
11.

Sequence of vetting

12.

Sittings of the Commission and Panel
13.

Officers to submit documents
14.

Vetting standards
15.

Sources of information
16.

Information from the general public
17.

Service of notice
18.

Supply of information and response to complaints
19.

Default
20.

Failure to participate in vetting

21.

Provision of information by complainant.
22.

Inherent powers of the Commission
23.

Extension of time
24.

Powers of Commission in relation to service of documents
25.

Decisions of the Commission
26.

Absence of an officer

27.

Confirmation of appointment after vetting

28.

Commission may utilize services of public officers, etc
29.

Statement made by persons to a panel, etc
30.

Persons likely to be prejudicially affected to be heard
31.

Protection from personal liability
32.

Removal from the Service
33.

Review of decision
34.

Record of proceedings

THE NATIONAL POLICE SERVICE (VETTING) REGULATIONS
PART I – PRELIMINARY
1.
Citation

These Regulations may be cited as the National Police Service (Vetting) Regulations.
2.
Interpretation

In these Regulations, unless the context otherwise requires—

"officer" means a member of the Service who is subject to vetting under section 7(2);

"panel" means a panel established by the Commission under regulation 10;

"vetting" means a process by which the Commission assesses the suitability and competence of an officer in accordance with section 7(2) of the Act.
PART II – APPLICABLE PRINCIPLES
3.
Objectives and purpose of vetting

The objective and purpose of the vetting process is to—

(a)

build confidence and trust in the Service; and
(b)

ensure that the Service complies with Chapter Six of the Constitution and the principles of public service as set out in Article 232 of the Constitution and in the Public Officer Ethics Act (Cap. 185B).
4.
Principles of vetting

In conducting the vetting process, the Commission shall be guided by the following principles—

(a)

subject to regulation 8, all officers of the Service shall undergo vetting, individually;
(b)

the vetting process shall be implemented consistently and the same procedural principles shall be applied in all cases;
(c)

vetting shall be done in accordance with the values and principles set out in Articles 10, 27, 47, 50 and 232 of the Constitution;
(d)

vetting shall take into account the need to protect national security as defined in Article 238 of the Constitution;
(e)

the Commission shall be guided by the principles and standards of impartiality, natural justice and international best practice;
(f)

the vetting process shall not be bound by strict rules of evidence and the proof applicable shall be that of a balance of probabilities;
(g)

vetting shall be done in a transparent manner allowing for the person undergoing vetting to know and assess the information that has been used by the Commission to reach its decision.
5.
Public proceedings
(1)

The vetting process shall be open to the public provided that the Commission may decide to hold in camera proceedings in order to protect the right of privacy of any person in the vetting process or if it is in the interest of justice or national security.
(2)

An officer subject to vetting may apply for the proceedings to be held in camera on any of the grounds listed in sub-regulation (1), and the Commission shall determine whether to grant such application or not.
6.
Conflict of interest
(1)

A member of a panel shall declare any interest the member has with respect to any officer in whose vetting the member is involved.
(2)

Where—

(a)

a member of the panel discloses that the member is subject to a conflict of interest in relation to any officer to be vetted; or
(b)

it is disclosed by any person that there exists conflict of interest with respect to any member, the Commission shall determine whether such interest may interfere with its deliberations as to the suitability or competence of the officer in question and where the Commission determines conflict of interest thereof, the panel member shall withdraw from the deliberations of the Commission in respect of that officer.
7.
Determination of suitability and competence

The Commission shall, while determining the competence and suitability of an officer, consider the officer’s record, conduct and performance in the present position and in any other previous position.
8.
Officers may retire voluntarily
(1)

An officer may decide to voluntarily retire from the Service before being vetted and shall inform the Commission of the decision to retire, in writing.
(2)

An officer who has voluntarily retired under paragraph (1) shall not be vetted.
(3)

Where an officer has voluntarily retired in the manner set out in paragraph (1), the Commission shall make retirement arrangements for such officer.
PART III – THE VETTING PROCESS
9.
Powers of the Commission and panels
(1)

The Commission and every panel established under regulation 10 shall have all the powers necessary for the execution of its functions under the Act and these Regulations.
(2)

Without prejudice to the generality of paragraph (1), the Commission and the panel shall have the power to—

(a)

gather relevant information, including requisition of reports, records, documents or any information from any source, including governmental authorities, and to compel the production of such information as and when necessary;
(b)

interview any individual, group or members of organizations or institutions;
(c)

hold inquiries for the purposes of performing its functions under the Act or these Regulations; and
(d)

conduct investigations to establish the veracity of information received.
(3)

In the performance of its functions, the Commission and the panel—

(a)

may inquire on any issue in such manner as it deems fit; and
(b)

may receive on written or oral statements on oath.
(4)

The Commission may make any orders for the purpose of preserving, inspecting, staying and preventing the wastage, damage, alienation, sale, removal, or disposition of any property or evidence relating to any proceedings before it.
10.
Vetting panels
(1)

The Commission may, in order to ensure expeditious disposal of matters, constitute such number of panels and comprising such persons as the Commission shall determine.
(2)

The Commission may establish panels comprising such number of its members and co-opted persons as it may deem necessary for the purpose of determining applications for review under regulation 33.
11.
Sequence of vetting

The Commission shall determine the sequence of the vetting process.
12.
Sittings of the Commission and Panel

The Commission or a panel may sit at such times and place as the Commission or the panel, as the case may be, shall determine.
13.
Officers to submit documents

An officer shall within such period as the Commission may determine submit documents as required by the Commission including—

(a)

a self-assessment form as prescribed by the Commission;
(b)

the officer’s national identity card;
(c)

the officer’s certificate of appointment;
(d)

academic certificates;
(e)

a duly completed declaration of income, assets and liabilities;
(f)

bank statements for the previous two years of all bank accounts, personal and business, that the officer, the officer’s spouse and dependents under the age of eighteen have maintained;
(g)

a certificate of tax compliance; and
(h)

any other document that the Commission may deem fit and necessary for the furtherance of the vetting process.
14.
Vetting standards
(1)

In vetting an officer, the Commission shall consider, assess and determine the suitability and competence of the officer.
(2)

The Commission shall, in determining the suitability and competence of an officer, consider—

(a)

whether the officer meets the constitutional or other criteria required by law for recruitment and appointment of an officer;
(b)

the past record of an officer including conduct, discipline and diligence;
(c)

the integrity and financial probity of the officer; and
(d)

the human rights record of the officer.
15.
Sources of information
(1)

The Commission shall request for, and may use information received from the public and any other source, including—

(a)

individual citizens;
(b)

the Law Society of Kenya;
(c)

the Ethics and Anti-Corruption Commission;
(d)

the office of the Director of Public Prosecutions;
(e)

the Public Complaints Standing Committee;
(f)

the Kenya National Human Rights Commission;
(g)

the Commission on Administrative Justice;
(h)

the Independent Policing Oversight Authority;
(i)

the National Gender and Equality Commission;
(j)

the National Intelligence Service;
(k)

the National Police Service;
(l)

a Commission of Inquiry appointed under the Commissions of Inquiry Act, or a report thereof;
(m)

civil society organisations;
(n)

Parliament; or
(o)

any other source, body or organisation.
(2)

The Commission shall specify the period within which every person or body referred to in paragraph (1) shall confirm the existence of any complaint or other relevant information filed with such person or body against an officer.
16.
Information from the general public
(1)

Information from members of the public may be—

(a)

oral or written;
(b)

received by the Commission in public, in camera or delivered anonymously.
(2)

The Commission shall determine the usefulness of the information towards assessing the suitability and competence of an officer.
17.
Service of notice
(1)

Any notices issued by the Commission under these Regulations shall be served upon an officer through—

(a)

personal service; or
(b)

any other manner which the Commission considers appropriate.
(2)

A copy of the notice and record of its service shall be placed in the file of the officer concerned.
18.
Supply of information and response to complaints
(1)

An officer shall fully and truthfully supply all information required regarding the officer’s suitability and competence.
(2)

Where a complaint or any adverse information is received by the Commission against an officer, a summary of the complaint including any relevant documentation pertaining to that complaint as received by the Commission, and on which the Commission intends to rely in the process shall be served upon the officer.
(3)

Where a summary of the complaint is served upon an officer, the officer shall lodge a response to the complaint within the period specified by the Commission in the notice.
(4)

The response shall contain a summary of the material facts and any relevant documents and information on which the officer wishes to rely on in response to the complaint.
19.
Default

An officer is in default, if the officer fails to—

(a)

comply with a notice of the Commission or a panel of the Commission;
(b)

file or serve a document as directed by the Commission or as required by these Regulations; or
(c)

do any act required to be done by these Regulations.
20.
Failure to participate in vetting

Where an officer willfully refuses to attend the vetting process by—

(a)

failing to appear before the Commission; or
(b)

failing to obey an order of the Commission in respect to the vetting process,

and as the result the vetting process becomes compromised or impaired, the Commission shall treat such officer as having failed the vetting process and shall remove the officer from the Service.
21.
Provision of information by complainant.

A person who has lodged a complaint against an officer may be required to furnish additional information to the Commission.
22.
Inherent powers of the Commission

Nothing in these Regulations shall limit or otherwise affect the inherent powers of the Commission either to make such orders as may be necessary for the fair and expeditious disposal of a case or to do justice to the parties or to prevent an abuse of its process.
23.
Extension of time

A time fixed by these Regulations or by any decision of the Commission may be extended with the leave of the Commission.
24.
Powers of Commission in relation to service of documents

Nothing in these Regulations shall affect the power of the Commission, if the interest of justice requires, to—

(a)

authorize service of a document in a manner not expressly provided for in these Regulations; or
(b)

find that a document served in a manner not expressly provided in these Regulations has been duly served.
25.
Decisions of the Commission
(1)

At the conclusion of the vetting the Commission shall make a decision as to whether or not the officer vetted was found suitable and competent for continued service.
(2)

Decisions of the Commission shall be made by consensus or a majority vote.
(3)

In the event of equality of votes, the Chairperson shall have a second casting vote.
(4)

Decisions shall be recorded in writing, signed by all Commissioners who decided the matter and sealed with the common seal of the Commission.
(5)

Where a Commissioner is unable to sign the decision, the reason for inability shall be recorded, and the decision signed by the other Commissioners.
(6)

Decisions of the Commission shall first be communicated to the concerned officer before being made public.
(7)

An officer who has been determined to be unsuitable or incompetent shall be provided with the written decision including the reasons for the decision.
26.
Absence of an officer

Where an officer is for any justifiable cause unable to continue participating in the vetting process, the Commission shall make note of that fact and allow the officer to participate in the process as soon as the officer is able to do so.
27.
Confirmation of appointment after vetting

The Commission shall in accordance with Article 246(3)(a) of the Constitution issue a certificate of confirmation of appointment to an officer who is found suitable and competent to work in the Service.
28.
Commission may utilize services of public officers, etc
(1)

The Commission may, for purposes of conducting an investigation on any matter alleged or otherwise brought to its attention, utilize the services of any officer, investigation agency of the Government or any expert as it considers necessary.
(2)

For the purpose of investigating into any matter, an officer, agency or other person whose services are utilized under paragraph (1) may, subject to the direction and control of the Commission—

(a)

require the attendance of the person and interview that person;
(b)

require the discovery and production of any document; and
(c)

requisition any public record or copy thereof from any office.
(3)

The provisions with respect to exemption from liability shall apply in relation to any statement made by a person before any officer or agency whose services are utilized under paragraph (1) as they apply in relation to any statement made by a person in the course of giving evidence before the Commission.
(4)

The officer or agency whose services are utilized under paragraph (1) shall submit a report to the Commission within such period as may be specified by the Commission.
(5)

The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any, arrived at in the report submitted to it under paragraph (4) and for this purpose the Commission may make such inquiry, including the examination of the person or persons who conducted or assisted in the investigation, as it considers fit.
29.
Statement made by persons to a panel, etc
(1)

A statement made by a person in the course of giving evidence before the Commission in the vetting process shall not subject that person to, or be used against that person in, any civil or criminal proceeding, except in a prosecution for giving false evidence by such statement.
(2)

The statement under paragraph (1) shall be—

(a)

made in reply to the question which the person is required by the Commission to answer; or
(b)

relevant to the subject matter of the inquiry.
30.
Persons likely to be prejudicially affected to be heard

If at any stage of the vetting process, the Commission—

(a)

considers the conduct of any person is relevant and that it is necessary to inquire into the conduct of that person; or
(b)

is of the opinion that the reputation of any person is likely to be prejudicially affected by the proceedings of the panel, the panel shall give that person reasonable opportunity to be heard before the Commission.
31.
Protection from personal liability
(1)

An employee or any person acting or discharging duties or functions of a panel shall not be personally liable to any civil action or other proceedings for damages on account, or in respect, of any act committed or omitted to be done in good faith.
(2)

This regulation shall not relieve the Commission from any liability to any person for any wrongful act or omission of the Commission or a panel.
32.
Removal from the Service
(1)

An officer who is found unsuitable or incompetent shall be removed from the Service.
(2)

An officer removed from the Service under paragraph (1) shall be entitled to benefits as if the officer had retired from the Service and in accordance with the relevant labour laws.
33.
Review of decision
(1)

An officer who has been found unsuitable or incompetent may, within seven days after being informed of the decision, request for a review of the decision by the Commission.
(2)

The Commission shall not grant a request for review unless the request is based—

(a)

on the discovery of a new and important matter which was not within the knowledge of, or could not be produced by the officer at the time the determination or finding sought to be reviewed was made, provided that the lack of knowledge on the part of the officer was not due to lack of due diligence;
(b)

on some mistake or error apparent on the face of the record; or
(c)

on any reason the Commission considers just and proper.
(3)

A request for review shall act as a stay of the decision of the Commission, but the officer in question shall proceed on leave for the duration of the review.
(4)

The Commission may, upon review, confirm or reverse its earlier decision.
34.
Record of proceedings

The Commission shall cause to be made and kept an accurate record of its proceedings.
THE NATIONAL POLICE SERVICE (CERTIFICATION OF APPOINTMENT) REGULATIONS

ARRANGEMENT OF REGULATIONS

1.

Citation
2.

Certificate of Appointment

SCHEDULES

SCHEDULE —

CERTIFICATE OF APPOINTMENT

THE NATIONAL POLICE SERVICE (CERTIFICATION OF APPOINTMENT) REGULATIONS
1.
Citation

These Regulations shall be cited as the National Police Service (Certificate of Appointment) Regulations.
2.
Certificate of Appointment

A certificate of appointment shall be in the form set out in the Schedule to these Regulations.

SCHEDULE

CERTIFICATE OF APPOINTMENT

THE NATIONAL POLICE SERVICE STANDING ORDERS

ARRANGEMENT OF PARAGRAPHS

Part I - CONSTITUTION, ORGANIZATION AND CONTROL

CHAPTER 1 – CONSTITUTION, ORGANIZATION AND CONTROL

CHAPTER 2 – THE KENYA POLICE SERVICE

CHAPTER 3 – THE ADMINISTRATION POLICE SERVICE

CHAPTER 4 – THE DIRECTORATE OF CRIMINAL INVESTIGATIONS

CHAPTER 5 – INTERNAL AFFAIRS UNIT

CHAPTER 6 – ESTABLISHMENT OF THE NATIONAL POLICE SERVICE AIRWING

CHAPTER 7 – FORMATIONS, UNITS AND COMPONENTS

Part I - KENYA POLICE SERVICE FORMATIONS, UNITS AND COMPONENTS

PART II—ADMINISTRATION POLICE SERVICE FORMATIONS, UNITS, AND COMPONENTS

Part III - DIRECTORATE OF CRIMINAL INVESTIGATIONS FORMATIONS, UNITS, AND COMPONENTS

CHAPTER 8 – RANKS, DUTIES AND RESPONSIBILITIES

PART I - NATIONAL POLICE SERVICE HEADQUARTERS

Part II - KENYA POLICE AND ADMINISTRATION POLICE SERVICES

Part III - FORMATION, UNITS AND COMPONENTS

PART IV - DIRECTORATE OF CRIMINAL INVESTIGATIONS

Part V - INTERNAL AFFAIRS UNIT

CHAPTER 9 – CHAIN OF COMMAND

CHAPTER 10 – STRUCTURE OF POLICE STATIONS, POSTS, PATROL BASES, UNITS AND UNIT BASES

CHAPTER 11 – NATIONAL POLICE SERVICE TRAINING INSTITUTIONS

PART I — NATIONAL POLICE SERVICE TRAINING INSTITUTIONS UNDER ADMINISTRATION POLICE SERVICE

PART II-NATIONAL POLICE SERVICE TRAINING INSTITUTIONS UNDER KENYA POLICE SERVICE

Part III - TRAINING INSTITUTIONS UNDER DIRECTORATE CRIMINAL INVESTIGATION

CHAPTER 12 – COUNTY POLICING AUTHORITY

Part II - GENERAL PROVISIONS

CHAPTER 13 – NATIONAL POLICE SERVICE AIRWING

CHAPTER 14 – ARMS AND AMMUNITION

Part II - MUSKETRY TRAINING

DANGER

RANGE BOUNDARY

KEEP OUT WHEN RED FLAGS ARE FLYING

AS FIRING IS THEN IN PROGRESS

HATARI

MPAKA WA SHABAA

USIPITE UBAO HUU KAMA BENDERA

NYEKUNDUINAONYESHWA KWA SABABU

WAKATI HUO WATU HUWA WANAPIGA RISASI

APPENDIX 14(a) PART I

SCALE OF ISSUE OF ARMS - KENYA POLICE SERVICE

APPENDIX 14(a) - PART II- TRAINING AMMUNITION

APPENDIX 14(a) - PART III - SCALE OF ISSUE OF AMMUNITION ROUNDS PER WEAPON HELD - KENYA POLICE SERVICE

APPENDIX 14(b) - PART 1 SEMI-AUTOMATIC RIFLE - NATIONAL POLICE SERVICE.

APPENDIX 14(b) - PART II REVOLVER AND AUTOMATIC PISTOL

APPENDIX 14(b) - PART III MACHINE CARBINE (PATCHETT)

APPENDIX 14(c) - THE NATIONAL POLICE SERVICE CHALLENGE CUP FOR SMALL BORE SHOOTING RULES

APPENDIX 14(d) - THE ARVIND SHIELD SMALL-BORE RIFLE COMPETITION – NATIONAL POLICE SERVICE RULES

APPENDIX 14(e)-PART 1 - SCALE OF ISSUE OF ARMS-ADMINISTRATION POLICE

APPENDIX 14(e)-PART II

ADMINISTRATION POLICE TRAINING AMMUNITIONS

TRAINING AMMUNITION

APPENDIX 14(e) — PART III

ADMINISTRATION POLICE SCALE OF ISSUE OF AMMUNITION ROUNDS PER WEAPON HELD

CHAPTER 15 – ARREST AND DETENTION RULES/PRISONERS AND ACCUSED PERSONS

APPENDIX 15 (a) — INSTANCES IN WHICH FINGERPRINTS SHOULD BE TAKEN AND THE TAKING IN TO CONSIDERATION OF OUTSTANDING CHARGE

CHAPTER 16 – BOMB THREATS AND TERRORISM

CHAPTER 17 – CHANGE OF COMMAND

Part I

Part II

APPENDIX 17(a) — NATIONAL POLICE SERVICE HANDING AND TAKING OVER CERTIFICATE COUNTY/FORMATION /SUB-COUNTY/STATION

FORM 17A

CHAPTER 18 – CHAPLAINCY

CHAPTER 19 – CIVILIAN FIREARMS CONTROL

APPENDIX 19(a)− DUTIES OF SUB COUNTY AND STATION COMMANDERS

APPENDIX 19 (b) − NOTES FOR RECOMMENDING THE GRANT OF FIREARMS CERTIFICATES OR THE REFUSAL OF A CERTIFICATE

CHAPTER 20 – COMMUNITY POLICING

CHAPTER 21 – COMPLAINT PROCEDURE

Appendix 21 - Categories of complaint to the Internal Affairs Unit

CHAPTER 22 – CONDUCT OF INTERVIEWS OF CRIME VICTIMS, SUSPECTS AND WITNESSES

CHAPTER 23 – CONTROL OF TRAFFIC AND ERECTION OF BARRIERS

APPENDIX 23 − SPEED CHECKS-PROCEDURE

CHAPTER 24 – POLICE COMMUNICATION

APPENDIX 24(a) — NATIONAL POLICE SERVICE HEADQUARTERS TELEGRAPHIC ADDRESSES

APPENDIX 24(b) — KENYA POLICE SERVICE TELEGRAPHIC ADDRESSES.

APPENDIX 24(c) — ADMINISTRATION POLICE SERVICE TELEGRAPHIC ADDRESSES.

APPENDIX 24(d) — DIRECTORATE OF CRIMINAL INVESTIGATION TELEGRAPHIC ADDRESSES

APPENDIX 24(e) — ADDRESSES TO BE USED IN CORRESPONDENCE

APPENDIX 24(f) — MEDIA RELEASE

CHAPTER 25 – COUNSELING

CHAPTER 26 – COURTS AND COMMITTEES OF INQUIRY

APPENDIX 26(a) — COURTS OF INQUIRY PROFORMA E

CONVENING ORDER

PROCEEDINGS OF THE COURT

SUMMARY OF EVIDENCE

FINDINGS

RECOMMENDATIONS

STATEMENTS

CHAPTER 27 – CRIMINAL PROSECUTION AND HANDLING OF EVIDENCE

CHAPTER 28 – CRIMINAL AND CIVIL PROCEDURE

CHAPTER 29 – DISCHARGE, RESIGNATION AND RETIREMENT

CHAPTER 30 – DISCIPLINE

APPENDIX 30(a) - TREATMENT OF DISCIPLINARY OFFENCES

APPENDIX 30(b) - SUMMONS

APPENDIX 30 (c) - NOTIFICATION OF DISCIPLINARY INQUIRY

APPENDIX 30(d) — FORMAT OF APPEAL

CHAPTER 31 – DRESS CODE REGULATIONS

APPENDIX 31(a)—NATIONAL POLICE SERVICE BADGES OF RANK AND INSIGNIA

APPENDIX 31 (b)—KENYA POLICE INSIGNIA

APPENDIX 31 (c)—CLOTHING AND EQUIPMENT SCALE OF ISSUE (MALE)-KENYA POLICE SERVICE

APPENDIX 31 (d)—CLOTHING AND EQUIPMENT SCALE OF ISSUE ON ENLISTMENT OR PROMOTION GAZETTED OFFICERS AND INSPECTORATE (FEMALE)

APPENDIX 31 (e)—CLOTHING AND EQUIPMENT SCALE OF ISSUE JUNIOR OFFICERS

GENERAL DUTIES, OTHER THAN OPERATION AREAS. - KENYA POLICE SERVICE

APPENDIX 31 (f)— SCALE OF ISSUE JUNIOR OFFICERS OPERATION AREAS-KENYA POLICE SERVICE

APPENDIX 31 (g)—SCALE OF ISSUE JUNIOR OFFICERS GENERAL SERVICE UNIT

APPENDIX 31 (h) — SCALE OF ISSUE JUNIOR POLICE BAND - KENYA POLICE SERVICE

APPENDIX 31 (i)—CLOTHING AND EQUIPMENT SCALE OF ISSUE SUBORDINATE MARINE POLICE OFFICERS-KENYA POLICE SERVICE

APPENDIX 31 (j)—SCALE OF ISSUE JUNIOR WOMEN POLICE OFFICERS-KENYA POLICE SERVICE

APPENDIX 31 (K)—SCALE OF ISSUE JUNIOR K9 UNIT-KENYA POLICE SERVICE

APPENDIX 31 (1)— SCALE OF ISSUE POLICE AIRWING ALL RANKS–NATIONAL KENYA POLICE SERVICE CLOTHING AND EQUIPMENT

ORDER OF DRESS

APPENDIX 31 (m)—SCALE OF ISSUE JUNIOR OFFICERS TRAFFIC PERSONNEL–KENYA POLICE SERVICE

MOTOR-CYCLISTS

APPENDIX 31 (n)—SCALE OF ISSUE CADET CORPS-KENYA POLICE SERVICE

APPENDIX 31 (0)—SCALE OF ISSUE CIVILIAN STAFF SKELETON UNIFORM-KENYA POLICE SERVICE

APPENDIX 31 (Q) — SCALE OF ISSUE CIVILIAN STAFF SKELETON UNIFORM - KENYA POLICE CLOTHING RECIPIENT

Appendix 31 (p) - ORDER OF DRESS-GENERAL DUTY POLICE OFFICER

Appendix 31 (q)-Ceremonial Dress–Other Ranks

Appendix 31 (r)-Working Dress - Gazetted and Inspectorate

Appendix 31 (s)-Working Dress-Other Ranks

Appendix 31 (t)-Working Dress Operation Area-Gazetted and Inspectorate

Appendix 31 (u)-Working Dress Operation Area–Other Ranks

APPENDIX 31 (v)—MARINE POLICE-KENYA POLICE SERVICE

APPENDIX 31 (w)—K9 UNIT-KENYA POLICE SERVICE

APPENDIX 31 (x)—GENERAL SERVICE UNIT

APPENDIX 31(y)—ADMINISTRATION POLICE SERVICE DRESS REGULATIONS

ADMINISTRATION POLICE SERVICE ORDER OF DRESS, CLOTHING AND EQUIPMENT SCALE OF ISSUE

APPENDIX 31(aa): - ADMINISTRATION POLICE SERVICE CLOTHING AND EQUIPMENT SCALE OF ISSUE ON ENLISTMENT OR PROMOTION TO GAZETTED OFFICERS AND MEMBERS OF INSPECTORATE

APPENDIX 31(ab): ADMINISTRATION POLICE SERVICE CLOTHING AND EQUIPMENT SCALE OF ISSUE ON ENLISTMENT OR PROMOTION FOR JUNIOR OFFICERS (APC – S/SGT)

APPENDIX 31(ac): ADMINISTRATION POLICE SERVICE OPERATION DRESS FOR ALL OFFICERS/ WORKING DRESS CLOTHING/BADGE AND EQUIPMENT FOR BORDER POLICE UNIT, RAPID DEPLOYMENT UNIT AND ANTI-STOCK THEFT UNIT JUNIOR MOBILE, MOUNTED, TRACKERS AND SYCES

APPENDIX 31(ad):

APPENDIX 31 (ae)—SCALE OF ISSUE CIVILIAN STAFF SKELETON UNIFORM–ADMNINISTRATION POLICE SERVICE

APPENDIX 31(af): ADMINISTRATION POLICE NURSING STAFF

APPENDIX 31(ag)— ADMINISTRATION POLICE SERVICE CLOTHING AND EQUIPMENT SCALE OF ISSUE FOR SERVICE BAND

APPENDIX 31(ah)— ADMINISTRATION POLICE SERVICE CLOTHING SCALE OF ISSUE FOR SERVICE ADVOCATES

APPENDIX 31 (ai)—SCALE OF ISSUE-ADMINISTRATION POLICE SERVICE AIRWING ALL RANKS

APPENDIX 31(hh)—THE NATIONAL POLICE SERVICE, DIRECTORATE OF CRIMINAL INVESTIGATIONS AND INTERNAL AFFAIRS UNIT BADGE

CHAPTER 32 – ESCORTS, PATROL AND GENERAL DUTIES

CHAPTER 33 – EVIDENCE AND PROPERTY (EXHIBITS, LOST AND FOUND PROPERTY)

CHAPTER 34 – EXAMINATIONS AND PROMOTIONS

APPENDIX 34(a) — SYLLABI FOR ALL EXAMINATIONS OF THE NATIONAL POLICE SERVICE

Appendix 34(b) — NATIONAL POLICE SERVICE RULES FOR THE CONDUCT OF EXAMINATION

APPENDIX 34(c)— KENYA POLICE SERVICE RULES FOR THE CONDUCT OF THE SERVICE ENGLISH EXAMINATION

APPENDIX 34(d) — FORM OF APPLICATION FOR CANDIDATES TO SIT THE EXAMINATION- KENYA POLICE SERVICE

CERTIFICATE OF SUB-COUNTY COMMANDER

(All examination except G.O’s)

APPENDIX 34(e) — EXAMINATION CERTIFICATE OF THE INVIGILATING OFFICER - KENYA POLICE SERVICE

APPENDIX 34(f) — SYLLABUS SERVICE ENGLISH EXAMINATION – KENYA POLICE SERVICE

Time allowed 2hrs.

Time allowed 2 hrs.

Time allowed 2 hrs.

APPENDIX 34(g) — SYLLABUS SOURCE ADMINISTRATION POLICE ENGLISH EXAMINATION

APPENDIX 34(H) — FORM OF APPLICATION FOR CANDIDATES TO SIT THE ADMINISTRATION POLICE SERVICE EXAMINATION

CERTIFICATE OF AP SUB- COUNTY COMMANDER

(The form needs to be serialized)

APPENDIX 34(i) — RULES FOR THE CONDUCT OF ADMINISTRATION POLICE ENGLISH EXAMINATION

APPENDIX 34(j) — ADMINISTRATION POLICE EXAMINATION CERTIFICATE OF THE INVIGILATING OFFICER

Index Number Reason for disqualification

CHAPTER 35 – EXTRADITION OF OFFENDERS

APPENDIX 35(a) - FOREIGN COUNTRIES TO WHICH PART II OF THE EXTRADITION ACT, CAP. 76 LAWS OF KENYA APPLIES

APPENDIX 35(b) - DESIGNATED COMMONWEALTH COUNTRIES:-

CHAPTER 36 – FLEET MANAGEMENT

Part VIII - VEHICLE LOG BOOKS AND WORK TICKETS

Part IX - RETURNS

Part X - ACCIDENTS INVOLVING POLICE VEHICLES

Part XI - ACCIDENTS INVOLVING POLICE OFFICERS OR STAFF

Part X - BREAKDOWN ON THE ROAD

Part XI - PETROL, DIESEL AND OIL

Part XII - FIRE PRECAUTIONS

Part XIII - TOOLS AND EQUIPMENT

Part XIV - SPEEDOMETERS AND TACHOMETERS

Part XV - EXPENDITURE ON POLICE VEHICLES

Part XVI - MAINTENANCE AND REPAIRS

Part XVII - MOTOR TRANSPORT STORES

Part XVIII - MARINE

APPENDIX 36(a)(i) — Identification Disc – KENYA POLICE SERVICE

HEADQUARTERS UNITS

SERVICE TRANSPORT

APPENDIX 36(b): REPORT FORM

TOWING/RECOVERY OF A CIVILIAN

MOTOR VEHICLE BY A POLICE VEHICLE

APPENDIX 36(c) — PETROL, DIESEL FUEL AND OIL REGISTERS

APPENDIX 36(d) — DAILY TASK SYSTEM

APPENDIX 36(e) — PROFORMA REPORT

BULK STORAGE OF PETROL

REPORT OF STORAGE TANK CHECK

CHAPTER 37 – OPERATION AND MANAGEMENT OF FORMATION, UNITS AND COMPONENTS

CHAPTER 38 – GENERAL POWERS OF POLICE OFFICERS

CHAPTER 39 – GOVERNMENT FINANCIAL REGULATION AND PROCEDURES

APPENDIX 39 (a) — ALLOWANCES

CHAPTER 40 – GUARDS, SENTRIES, HONORS, COMPLIMENTS AND FLAGS

APPENDIX 40(a)—GUARDS OF HONOUR, QUARTER GUARDS AND LINES INSPECTIONS

GUARD TURNING OUT AND TURNING IN

CLASSIFICATION

CHAPTER 41 – GUIDELINES ON DISASTER AND EMERGENCY MANAGEMENT

Part I - INCIDENT MANAGEMENT

Part II - GUIDELINES ON DISASTER AND EMERGENCY RESPONSE

Appendix 41 (a) — NATIONAL POLICE SERVICE INCIDENT RECORDING TEMPLATE NATIONAL POLICE SERVICE

INCIDENT RECORDING

CHAPTER 42 – GUIDE TO CRIMINAL INVESTIGATIONS

Part III - IDENTIFICATION OF VICTIMS OF DISASTERS

APPENDIX 42 (a) - List of Offences shall be notified to Criminal Investigation Department.

APPENDIX 42 (b) - THE POLICE GAZETTE

APPENDIX 42 (c) - THE JUDGES’S RULES

APPENDIX 42(d)

Part I - ELECTRONIC DEVICES: TYPES, DESCRIPTION, AND POTENTIAL EVIDENCE

Part II - INVESTIGATIVE TOOLS AND EQUIPMENT

Part III - SECURING AND EVALUATING THE SCENE

Part IV - DOCUMENTING THE SCENE

Part IV - EVIDENCE COLLECTION

CHAPTER 43 – IDENTIFICATION OF POLICE OFFICERS

CHAPTER 44 – NATIONAL POLICE SERVICE INSPECTIONS

APPENDIX 44(a) —: NATIONAL POLICE SERVICE INSPECTION TEMPLATE

NATIONAL POLICE SERVICE GENERAL INSPECTIONS TEMPLATE

MATTERS TO BE INSPECTED

SUMMARY OF FINDINGS/OBSERVATIONS

CHAPTER 45 – INTEGRITY AND ETHICS

CHAPTER 46 – HANDLING OF CHILDREN

CHAPTER 47 – LAWFUL USE OF FORCE AND FIREARMS

CHAPTER 48 – LEAVE

CHAPTER 49 – POLICE LINES

CHAPTER 50 – ORDERS, DECORATIONS AND MEDALS

APPENDIX 50 (a)

INSPECTOR GENERAL

APPENDIX 50(b):

INSPECTOR GENERAL

CHAPTER 51 – POLICE ANIMALS

APPENDIX 51 (a) — SCALE OF SADDLERY FOR POLICE ANIMALS

APPENDIX 51(b) - PLAN FOR SADDLE INSPECTION

CHAPTER 52 – POLICE ASSOCIATIONS

Appendix 52 (a)-The Police Association Election Procedure

SCHEDULE

Part i-Election of Gazetted Officer

Part ii- Election of Inspectorate (Members)

CHAPTER 53 – POLICE DUTIES DURING ELECTIONS

CHAPTER 54 – NATIONAL POLICE RESERVE

CHAPTER 55 – POLICE DOGS

APPENDIX 55(a) — FAVOURABLE CONDITIONS AND THE HANDICAPS TO THE EMPLOYMENT OF TRACKING DOGS AND DAILY ROUTINE TO BE OBSERVED AT POLICE KENNELS.

APPENDIX 55(b) — RESPONSIBILITIES OF OFFICER IN CHARGE OF A STATION ON POLDOGS DETACHED TO THEIR STATIONS.

APPENDIX 55(c) — POLICE DOG HISTORY SHEET

APPENDIX 55(d) — POLICE DOG UNIT: COMMANDANT CIRCULAR NO.1/99.

DUTIES OF DOG HANDLER ON DETACHMENT.

CHAPTER 56 – POLICE STATION MANAGEMENT

CHAPTER 57 – PRIVATE USE OF POLICE

CHAPTER 58 – PUBLIC ORDER MANAGEMENT

APPENDIX 58 — USE OF FIREARMS BY POLICE

CHAPTER 59 – NATIONAL POLICE SERVICE RECORDS

Appendix 59(a) - Books and records to be kept at county formations, sub county divisions stations and posts

Appendix 59(b) - Execution of Civil Warrants of Arrest

Appendix 59(c) - Additional expenses

Appendix 59(d) - Annual abstract form

Appendix 59(e) - Weekly record of performance of night duty

Appendix 59(f) - Index letters

Appendix 59(g): Letter to the auctioneer on sale by public auction

Appendix 59(h): Particulars of wanted person

CHAPTER 60 – RECRUITMENT, APPOINTMENT AND ENLISTMENT

CHAPTER 61 – RELATIONS WITH DIPLOMATIC CORPS IN KENYA

APPENDIX 61A — ARTICLES OF VIENNA CONVENTION ON DIPLOMATIC RELATIONS HAVING THE SERVICE OF LAW IN KENYA

Article 1

Article 22

Article 23

Article 24

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

ARTICLES 33

Article 34

Article 35

Article 36

Article 37

Article 38

Article 39

Article 40

APPENDIX 61B — DETAILS OF IDENTITY CARDS ISSUED TO FOREIGN DIPLOMATS

APPENDIX 61C— FOREIGN MISSIONS AND THEIR VEHICLE CODE NUMBERS

APPENDIX 61D:

REPUBLIC OF KENYA

TRAVEL PERMIT

CHAPTER 62 – REPORTS AND RETURNS ORDER

CHAPTER 63 – RULES FOR THE NATIONAL POLICE SERVICE RIFLE MEETINGS

APPENDIX 63(a)—TARGETS

APPENDIX 63(b)—FALLING PLATES

CHAPTER 64 – SERVICE ADMINISTRATIVE ORDERS

CHAPTER 65 – SERVICE ARMOURERS BRANCH

CHAPTER 66 – SERVICE WELFARE

APPENDIX 66 (a): THE POLICE CANTEEN RULES

ANNEXURE

APPENDIX 66 (b): POLICE LEAVE CENTRE RULES

APPENDIX 66 (c): THE NATIONAL POLICE SERVICE MESS RULES

APPENDIX 66 (d): THE NATIONAL POLICE SERVICE MALINDI/DIANI LEAVE CENTERS-RULES

APPENDIX 66 (e): WELFARE VOTE - EXPENDITURE

APPENDIX 66 (f): WELFARE CANTEEN STORES

APPENDIX 66 (g): MESS EQUIPMENT – TRAINING INSTITUTIONS MESS

APPENDIX 66(h) THE NATIONAL ASSOCIATION OF RETIRED POLICE OFFICERS KENYA

CHAPTER 67 – SEXUAL VIOLENCE AND HARASSMENT

CHAPTER 68 – SICKNESS, INJURY OR DEATH OF A POLICE OFFICER

Part I - SICKNESS

Part II - INJURIES

Part III - DEATH

Part IV - CEREMONY TO BE ADOPTED AT A POLICE FUNERAL

Appendix 68 Proforma For Reporting Accidents To Officers

CHAPTER 69 – SPECIAL POLICE OFFICERS

CHAPTER 70 – STORES

CHAPTER 71 – NATIONAL POLICE SERVICE TRAINING

INTERNAL AFFAIRS UNIT

NATIONAL POLICE SERVICE

COMPLAINT FORM

If unknown, leave blank.

CHAPTER 72 – TRANSFER AND DEPLOYMENT

CHAPTER 73 – OPERATIONS MAPS, CRIME AND GENERAL INFORMATION

(b) Class "A" Establishment and Strength

(a) Class "B" Strength

Sub-county Operations rooms

Class "A" Establishment and Strength"

(C) Class "B" Strength

(i) County

Sub-county

Part III - REGULATIONS

Part IV - OPERATIONAL MANUALS

Ethical Standards and Principles

GLOSSARY OF TERMS

THE NATIONAL POLICE SERVICE STANDING ORDERS
Part I - CONSTITUTION, ORGANIZATION AND CONTROL
CHAPTER 1 – CONSTITUTION, ORGANIZATION AND CONTROL

1. Establishment and composition of the National Police Service

(1)

The National Police Service is established under Article 243(1) of the Constitution of Kenya and consists—

(a)

the Kenya Police Service under Article 243(2)(a) of the Constitution; and
(b)

the Administration Police Service under Article 243(2)(b) of the Constitution;
(2)

The Service is a national service and shall function throughout Kenya.

2. Deployment of the Service
(1)

The Service shall be deployed in Kenya for the performance of the functions specified in the Constitution, the National Police Service Act (Cap. 84) and any other law.
(2)

The Service or any part thereof may be deployed in the defence of the Republic in case of a state of emergency.

3. Command of the Service
(1)

The Service is under the overall and independent command of the Inspector-General.
(2)

The Inspector-General may perform the functions or exercise the powers of the Office in person or may delegate to an officer subordinate to him in writing and subject to any conditions the Inspector-General may impose.
(3)

The Inspector-General shall give directions in circumstances where a conflict arises on the respective mandates of the Services and Units within the Service.
(4)

The respective Deputy Inspector-Generals and the Director of Criminal Investigations shall, in writing, notify of the Inspector-General of any conflict arising out of an overlap of the mandates.

4. Objects and functions of the Service

The objects of the Service as set out under Article 244 of the Constitution of Kenya are to—

(a)

strive for the highest standards of professionalism and discipline among the members;
(b)

prevent corruption and promote and practice transparency and accountability;
(c)

comply with the constitutional standards of human rights and fundamental freedoms;
(d)

train staff to the highest standards of competence and integrity and to respect human rights and fundamental freedoms and dignity; and
(e)

foster and promote relationships with the broader society.

5. Headquarters of the Service
(1)

The Headquarters of the National Police Service shall be in Nairobi.
(2)

The National Police Service headquarters shall be an independent formation.

[L.N. 208/2020, s. 1.]
CHAPTER 2 – THE KENYA POLICE SERVICE

1. Establishment and constitution of the Service

The Kenya Police Service is established under Article 243(2)(a) of the Constitution and consists of the ranks set out under the First Schedule to the National Police Service Act (Cap. 84).

2. Command of the Kenya Police Service

(1)

The Kenya Police Service is headed by a Deputy Inspector-General appointed by the President.
(2)

The Deputy Inspector-General in charge of the Kenya Police Service shall subject to the direction, command and control of the Inspector-General—

(a)

be responsible for the effective and efficient day-to-day administration and operations of the Kenya Police Service;
(b)

implement policies and directions in relation to the Kenya Police Service;
(c)

prepare the budget, planning and provision of support for the Kenya Police Service;
(d)

establish and maintain police stations, posts, patrol bases and unit bases in the counties and determine the boundaries of the police stations; posts, patrol bases, unit bases and establish a facility in each police station for receiving, recording and reporting of complaints from members of the public;
(e)

manage, monitor and evaluate the Kenya Police Service;
(f)

undertake the supervision of the Kenya Police Service;
(g)

co-ordinate training in the Kenya Police Service;
(h)

provide internal oversight of the Kenya Police Service;
(i)

establish and maintain a relationship between the Kenya Police Service and the public;
(j)

improve transparency and accountability in the Kenya Police Service;
(k)

co-operate and engage in joint security operations with the Deputy Inspector-General, in charge of the Administration Police Service, other Government departments or other security organs to ensure the safety and security of the public;
(l)

implement the decisions of the Inspector-General;
(m)

provide strategic guidance and direction for the Kenya Police Service; and
(n)

perform such other duties as may be assigned by the Inspector-General, the Commission, or as may be prescribed by the National Police Service Act (Cap. 84) or by any other existing law.
(3)

Despite the provision of paragraph (2), the Deputy Inspector-General in charge of the Kenya Police Service core mandate shall be on public safety and security.

3. Headquarters of the Service
(1)

The Headquarters of the Kenya Police Service shall be situated in Nairobi.
(2)

The Office of the Deputy Inspector-General shall be in Nairobi.

4. Functions of the Kenya Police Service.

The functions of the Kenya Police Service as set out under section 24 of the National Police Service Act (Cap. 84) shall be—

(a)

to provide assistance to the public when in need;
(b)

maintenance of law and order;
(c)

to ensure preservation of peace;
(d)

protect life and property;
(e)

investigate crimes;
(f)

collect and collate criminal intelligence;
(g)

prevent and detect crimes;
(h)

apprehend offenders;
(i)

enforce laws and regulation within its mandate; and
(j)

perform any other duties that may be prescribed by the Inspector–General under this Service Standing Orders or any other written law.

5. Organization structure
(1)

The functions of the Kenya Police Service shall be allocated to the various Departments, Sections, Units and Officers as specified in the Kenya Police Service Organization Structure set out in Appendix 2.
(2)

The organizational structure may be reviewed from time to time, as need arises.

6. Deployment

The Kenya Police Service shall be deployed throughout the Republic for the discharge of the functions with which it is charged.

7. Formations, Units and Components.
(1)

The Kenya Police Service is comprised of the following Formations, Units and Components—

(a)

Kenya Police Service Headquarters;
(b)

National Police College, Kiganjo Campus;
(c)

General Service Unit;
(d)

Tourist Police Unit;
(e)

Presidential Escort Unit;
(f)

Railway and Ports Unit.
(g)

Kenya Airports Police Unit;
(h)

Marine Police Unit;
(i)

Traffic Police Department;
(j)

Kenya Police (K9) Unit;
(k)

Diplomatic Police Unit;
(l)

National Police Service Senior Staff Training College, Loresho Campus;
(m)

National Police College, Embakasi “B” Campus; and
(n)

National Police Service College, Magadi Field Campus.
(2)

The Formations, Units and Components may be reviewed from time to time as need arises.
(3)

Despite the provisions of paragraph (1), it shall be the duty of every officer to co-ordinate and engage in joint security operations with officers from the Administration Police Service, other government departments or security organs to ensure the safety and security of the public.

[L.N. 208/2020, s. 2.]
CHAPTER 3 – THE ADMINISTRATION POLICE SERVICE

1. Constitution of the Service

The Administration Police Service established under Article 243 (2) (b) of the Constitution shall consists of the ranks set out under the First Schedule to the National Police Service Act (Cap. 84).

2. Command of the Service

(1)

The Administration Police Service shall be headed by a Deputy Inspector-General, appointed by the President.
(2)

The Deputy Inspector-General in charge of the Administration Police Service shall subject to the direction, command and control of the Inspector-General—

(a)

be responsible for the effective and efficient day-to-day administration and operations of the Administration Police Service;
(b)

provide strategic guidance and direction for the Administration Police Service;
(c)

prepare the budget, planning and provision of support for the Administration Police Service;
(d)

manage, monitor and evaluate the Administration Police Service;
(e)

undertake the supervision of the Administration Police Service;
(f)

establish and maintain border posts, units or unit bases and establish a facility in each border post or unit base;
(g)

establish a facility in each border post or unit or other premises for receiving, recording and reporting to the Independent Policing Oversight Authority of complaints from members of the public;
(h)

co-ordinate training in the Administration Police Service;
(i)

provide internal oversight of the Administration Police Service;
(j)

establish and maintain a relationship between the Administration Police Service and the public;
(k)

improve transparency and accountability in the Administration Police Service;
(l)

co-operate and engage in joint security operations with the Deputy Inspector-General in charge of the Kenya Police Service, other government departments or other security organs to ensure the safety and security of the public;
(m)

implement the decisions of the Inspector-General;
(n)

provide strategic guidance and direction for the Administration Police Service; and
(o)

perform such other duties as may be assigned by the Inspector-General or the Commission, or as may be provided under the National Police Service Act (Cap. 84) or any other written law.
(3)

Despite the provision of paragraph (2), the Deputy Inspector-General in charge of the Administration Police Service core mandate shall be on protection and border security as well as combat cattle rustling and banditry.

3. Service Headquarters
(1)

The Headquarters of the Administration Police Service is situated in Nairobi.
(2)

The office of the Deputy Inspector-General shall be in Nairobi.

4. Functions of the Administration Police Service.

The functions of the Administration Police Service as provided under section 27 of the National Police Service Act (Cap. 84) shall be the—

(a)

provision of the assistance to the public, when required;
(b)

maintenance of law and order;
(c)

preservation of peace;
(d)

protection of life and property;
(e)

provision of border patrol and border security;
(f)

prevention and investigation of stock theft cases;
(g)

protection of Government property, vital installations and strategic points, as may be directed by the Inspector-General;
(h)

rendering of support to the government agencies in the enforcement of administrative functions and the exercise of lawful duties;
(i)

co-ordinating with complementing government agencies in conflict management and peace building;
(j)

apprehension of offenders; and
(k)

collection of criminal intelligence; and
(l)

performance of any other duties that may be prescribed by the Inspector-General under the National Police Service Act (Cap. 84) or any other written law from time to time.

5. Organization structure
(1)

The functions of the Administration Police Service are apportioned to various Departments, Sections, Units and officers as set out in the Administration Police Service Organization Structure set out in Appendix 3 of the Service Standing Orders.
(2)

The organizational structure shall be reviewed from time to time as need arises.

6. Deployment

The Administration Police Service shall be deployed throughout the Republic for the discharge of the functions which it is assigned.

7. Formation, Units and Components
(1)

The Administration Police Service shall comprise of the following Formations, Units and Components—

(a)

Security of Government Buildings and VIP Protection Unit;
(b)

Rapid Deployment Unit;
(c)

Border Police Unit;
(d)

Anti-Stock Theft Unit;
(e)

Critical Infrastructure Protection Unit;
(f)

National Police College, Embakasi “A” Campus;
(g)

National Police Service College, Border Police Training Campus;
(h)

National Police Service Senior Staff College, Emali Campus;
(i)

Administration Police Service Headquarters;
(j)

Administration Police Driving School;
(k)

Administration Police Signal School;
(l)

Administration Police Field Training School, Katolongwe;
(m)

Administration Police Field Training School, Tseikuru;
(n)

Administration Police Armourers School;
(o)

Administration Police Leadership and Sports School;
(p)

Administration Police Anti-Stock Theft School, Gilgil; and
(q)

Administration Police School of Music.
(2)

The Formations, Units and Components shall be reviewed from time to time as need arises.
(3)

Despite the provisions of paragraph (1) it shall be the duty of every officer to co-ordinate and engage in joint security operations with officers from the Administration Police Service, other government departments or security organs to ensure the safety of security of the public.

[L.N. 208/2020, s. 3.]
CHAPTER 4 – THE DIRECTORATE OF CRIMINAL INVESTIGATIONS

1. Establishment and constitution of the Directorate

The Directorate of Criminal Investigations established under section 28 of the National Police Service Act (Cap. 84) and shall consist the Director and such number of officers as may be assigned to it by the Commission.

2. Command of the Directorate

(1)

The Directorate shall be headed by a Director of Criminal Investigations appointed by the President.
(2)

The Director of Criminal Investigations shall be under the direction, command and control of the Inspector-General and 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)

coordinate 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 Inspector-Generals of the National Police Service and the Administration Police Service, other Government departments and security organs, when necessary, to ensure the safety and security of the public; and
(j)

perform any other functions that may be assigned by the Inspector-General, the National Police Service, the Commission or as may be prescribed by National Police Service Act (Cap. 84) or any other law.
(3)

Despite the provision of paragraph (2), the core mandate of the Director of Criminal Investigations shall be criminal investigations.

3. Headquarters of the Directorate
(1)

The Headquarters of the Directorate is situated in Nairobi.
(2)

The office of the Director of Criminal investigations shall be based in Nairobi.

4. Functions of the Directorate

The functions of the Directorate as specified under section 35 of the National Police Service Act (Cap. 84) shall be to—

(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 the country’s 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.

5. Organization structure
(1)

The functions of the Directorate shall be apportioned to various Departments, Sections, Units and officers as specified in the Directorate of Criminal Investigations Organization Structure set out in Appendix 9.
(2)

The organizational structure shall be reviewed from time to time, where necessary.

6. Deployment

The Directorate shall be deployed throughout the Republic for the discharge of the functions which it is assigned.

7. Formations, Units and Components
(1)

The Directorate shall be comprised of the following Formations, Units and Components—

(a)

Directorate Criminal Investigation Headquarters;
(b)

Forensic Section—
(i)

Forensic Document Examination;
(ii)

Bomb/Hazardous Material Disposal;
(iii)

Digital Forensic Unit;
(iv)

Forensic Ballistics;
(v)

Forensic Crime Scene Investigation Services;
(vi)

Forensic Fingerprint Identification Bureau;
(vii)

Forensic photographic imaging and acoustics unit; and
(viii)

Biology and Chemistry Unit.
(c)

Specialised Units—

(i) Anti-narcotics units;
(ii) Special services unit;
(iii) Crime research and intelligence bureau;
(iv) National central bureau (INTERPOL); and
(v) Counter-terrorism centre of excellence.
(d)

Investigation Units—

(i) Land Fraud Investigations Unit;
(ii) Economic and Commercial Crimes Unit;
(iii) Banking Fraud Investigations Unit;
(iv) Capital Market Fraud Investigations Unit;
(v) Serious Crime Unit;
(vi) Kenya Revenue Protection Services;
(vii) Anti-Human Trafficking and Child Protection Unit;
(viii) Insurance Fraud Investigation Unit;
(ix) Financial Investigations Unit;
(x) Transnational Organized Crimes Unit; and
(xi) SACCO Fraud unit.
(e)

Formations;

(i) DCI Academy;
(ii) ATPU;
(iii) Railways and Port Police; and
(iv) KAPU.
(2)

The Formations, Units and Components shall be reviewed from time to time as may be necessary.
(3)

Despite the provisions of paragraph (1), it shall be the duty of every officer to co-ordinate and engage in joint security operations with officers from the Directorate of Criminal Investigations, other government departments or security organs to ensure the safety and security of the public and for the effective carrying out of the investigations.

8. Responsibilities of County and Sub-County Criminal Investigations Officer.

A County and Sub-County Criminal Investigations Officer shall be responsible to the Director, Directorate of Criminal Investigations for the prevention, detection and investigation of serious crime in their respective areas.

9. County Directorate of Criminal Investigations commanders

A County Criminal Investigations Officer shall be responsible to the Director, Directorate of Criminal Investigation for the organization supervision and efficiency of the Directorate in their respective Counties and for—

(a)

appraising the Director on all major cases and trends of crime in their respective County;
(b)

liaising, where necessary, with Director of Public Prosecution, Kenya Police Service and Administration Police Service County Commanders in their areas on all matters of criminal investigation;
(c)

liaising with Directorate of Criminal Investigations Headquarters on all matters of criminal investigation; and
(d)

assisting and advising uniformed staff and crime branches on criminal investigation.

10. Notification of certain offences to the Directorate

Where any offence specified under Appendix 42(a) is reported at any Police Station by the Officer-in-Charge, the officer shall—

(a)

immediately notify the County or Sub-County Criminal Investigations Officer as the case may be; and
(b)

commence full investigations into the offence.

11. Decision to takeover investigations
(1)

The County or Sub-County Criminal Investigations Officer to whom a notification is made under paragraph 10 shall, immediately, in consultation with the relevant County or Sub-County Formation Commander determine whether or not to take over the investigation from the Police Station concerned.
(2)

Where a Sub-county Criminal Investigations Officer does not takeover an investigation, the matter may be referred to the County Criminal Investigation Officer and if necessary to the Director.

12. Investigation of non-specified offences
(1)

A County or Sub-County Commander may request a County or Sub-County Criminal Investigations Officer to investigate a report of an offence not listed in Appendix 42(a).
(2)

Where a Sub-county Criminal Investigations Officer does not takeover an investigation, the matter may be referred to the County Criminal Investigation Officer and if necessary to the Director.

13. Taking over investigations without notification
(1)

The County Criminal Investigations Officer may take over or initiate any investigations in the County.
(2)

Where investigations are withheld for any reason, the matter shall be referred to the Director, Directorate of Criminal Investigation whose decision shall be final.

14. Examination of files

The County Criminal Investigations Officer or any other Criminal Investigations Officer acting on the Officer’s instructions may inspect and examine any investigation file in the County for the purpose of advising the investigating officer.

15. Technical assistance and advice
(1)

The Director Criminal Investigations shall provide technical direction and supervision to the County and Sub-county criminal investigations officers.
(2)

The County Criminal Investigation Officers shall have the direct access to the Director Criminal Investigations in respect of technical assistance and advice.

16. Request for technical assistance by the sub-county commanders

A Sub-County Commander requiring technical assistance or advice shall—

(a)

request through the County Criminal Investigations Officer; or
(b)

in case of an urgency, the Sub-County Commander may make a direct request to the Director of the Directorate of Criminal Investigations and notify the County Criminal Investigations Officer.

17. Closing of finalized cases

The County Criminal Investigations Officer shall in consultation with the Officer-in-Charge of a Police Station be responsible for the closure of finalized investigations.

18. Staff appraisal reports

The annual staff appraisal reports on Directorate of Criminal Investigations personnel shall be submitted to the Inspector-General as follows—

(a)

the Director shall submit annual confidential report in respect of all gazetted officers to the Inspector-General;
(b)

the County Criminal Investigations Officers shall submit the annual staff appraisal report in respect of officers under them to the Director; and
(c)

the County Criminal Investigations Officer shall submit their reports to the Inspector-General through the Director.

19. Equipment of the Directorate

The Director shall authorise, in writing, the transfer of equipment provided for the use by the Directorate of Criminal Investigations branches or Directorates of the Service.

[L.N. 208/2020, s. 4.]
CHAPTER 5 – INTERNAL AFFAIRS UNIT

1. Establishment and constitution

(1)

The Internal Affairs Unit established under section 87 of the National Police Service Act (Cap. 84) shall consists—

(a)

an officer not below the rank of an Assistant Inspector-General, who shall be the Director;
(b)

a Deputy Director; and
(c)

such other staff as the Unit may require.

2. Command of the Unit
(1)

The Unit shall be headed by a Director who shall be responsible to the Inspector-General for the effective and efficient administration, operations, training, and internal oversight of the Unit.
(2)

The members of staff of the Unit shall be accountable to the Director.
(3)

The Unit shall not be subject to the control, direction or command of the Kenya Police Service, Administration Police Service or the Directorate of Criminal Investigations.
(4)

The Unit shall be located in separate offices from the other offices of the National Police Service.

3. Functions of the Unit
(1)

The functions of the Unit shall be to—

(a)

receive and investigate complaints against police;
(b)

promote uniform standards of discipline and good order in the Service;
(c)

keep a record of the facts of any complaint or investigation made to it.
(d)

investigate torture and cruel, inhuman or degrading treatment or punishment suspected to have been perpetrated by a police officer;
(e)

on exceptional circumstances, undertake disciplinary proceedings against police officers on the direction of the Inspector General;
(f)

investigate and recommend appropriate action in respect of any police officer found engaging in any unlawful conduct;
(g)

submit recommendations to the Inspector General, the National Police Service Commission and the Director of Public Prosecutions where an officer is found criminally culpable; and
(h)

regularly report to Independent Policing Oversight Authority, Coroners, Firearms Chief Licensing Board and the National Police Service Commission.
(2)

The Unit shall investigate misconduct and hear complaints—

(a)

from members of the Service or members of the public;
(b)

at the direction of a senior officer;
(c)

on its own initiative;
(d)

on the direction of the Inspector-General; or
(e)

at the request of the Independent Policing Oversight Authority.
(3)

Where necessary, the Unit may investigate and recommend appropriate action in respect of any officer found engaging in any unlawful conduct.

4. Powers of the Unit
(1)

The Unit shall have power to recommend the following disciplinary actions to the Inspector-General—

(a)

the interdiction of an officer;
(b)

the suspension of an officer;
(c)

the administration of a severe reprimand or a reprimand to control or influence the pay, allowances or conditions of service of an officer; or
(d)

any other lawful action.
(2)

Where the Unit recommends disciplinary action against an officer a duplicate of the inquiry file containing recommendations shall be sent to the Commission.

5. Notification of serious complaints against police officers

When a complaint is lodged against a police officer at any Police Station or Unit Base the Officer-in-Charge shall—

(a)

immediately notify and submit a complaint in the form set out in the Schedule to these Regulations, through the police channel to the County Internal Affairs Unit officer as the case may be; and
(b)

commence a full investigation into the complaint.

6. Decision to take over investigation
(1)

The senior investigating officer of the Internal Affairs Unit to whom a notification is made under paragraph 5 shall immediately, in consultation with the relevant County, or Formation Commander determine whether or not to take over the investigation.
(2)

In making the determination under paragraph (1) the senior investigating officer shall have regard to the seriousness or complexity of the complaint.

7. Investigation of less serious complaints against police officers
(1)

A senior investigating officer may, in consultation with the County Commander, request the Officer in Charge of Police Station or Formation to investigate and resolve less serious complaints against a police officer.
(2)

Where an Officer in Charge of Police Station or Formation does not investigate and resolve less serious complaints against a police officer, the matter may be referred to the Director of the Internal Affairs Unit and if necessary to the Inspector-General.

8. Taking over investigation against police misconduct without notification
(1)

A senior investigating officer may take over or initiate any investigation against police misconduct in the County.
(2)

Where investigations against police misconduct are withheld for any reason, the matter shall be referred to the Director of the Internal Affairs Unit whose decision shall be final.

9. Examination of files and complaints register

A senior investigating officer or any other Internal Affairs Unit officer acting on the senior investigating officer’s instructions may inspect and examine any investigation file and complaint register within the County for the purpose of recommending remedial measures.

10. Disciplinary process

Complaints and disciplinary process against any police officer shall be dealt with in accordance with the Constitution, the National Police Service Act (Cap. 84) relevant laws, policies, procedures and guidelines.

11. Complaint procedure

Complaints procedures against police officers misconduct shall be dealt with in accordance with the Complaints Procedure of the National Police Service Standing Order and Internal Affairs Operational Manual.

12. Fair administrative action
(1)

The Unit shall conduct its investigations in an expeditious, efficient, lawful, reasonable and procedurally fair manner.
(2)

If the right or fundamental freedom of any person has been or is likely to be adversely affected by an action of the Unit, the person has the right to be given written reasons for the action.
(3)

In the performance of its functions, the Unit shall ensure effective collaboration and regular reporting to the Independent Police Oversight Authority, Coroners, and the chief firearms licensing officer as well as the National Police Service Commission.
(4)

The Independent Policing Oversight Authority may at any time intervene and take over the investigations from the Unit, if there is reason to believe that the investigations by the Unit are inordinately delayed or are manifestly unreasonable.

13. Organization structure
(1)

The functions of the Internal Affairs Unit shall be apportioned to various Departments and officers as provided in Annex 5.
(2)

The organizational structure shall be reviewed from time to time as need arises.

14. Headquarters and deployment
(1)

The Headquarters of the Unit shall be situated in Nairobi.
(2)

The Unit shall establish and devolve the services of the Internal Affairs Units that are able and equipped to conduct

investigations into police misconduct in a fair and effective manner and report directly to the Inspector-General.

15. Responsibilities of Senior Investigating Officer

The Director shall assign a senior investigating officer in every County who shall be responsible for police internal affairs in their respective County and for—

(a)

keeping the Director appraised of all major cases and trends of police misconduct in their County;
(b)

liaising, where necessary, with Director of Public Prosecution, Independent Policing Oversight Authority, Kenya Police Service and Administration Police Service and Directorate of Criminal Investigations in their areas on all matters of investigation;
(c)

liaising with Internal Affairs Unit on all matters of investigation; and
(d)

assisting and advising Officers in Charge of Police Stations and Units on investigation.

[L.N. 208/2020, s. 5.]
CHAPTER 6 – ESTABLISHMENT OF THE NATIONAL POLICE SERVICE AIRWING

1. Establishment and constitution of the Air Wing

Pursuant to section 10(h) and (r) of the National Police Service Act (Cap. 84), there is established the National Police Service Air Wing Unit consisting of the Director and such number of officers as may be assigned to the Unit.

2. Command of the Unit

(1)

The National Police Service Air Wing shall be headed by a Director who shall be subject to the command and control of the Inspector-General.
(2)

The Director shall subject to the direction, command and control of the Inspector-General, be responsible—

(a)

for effective and efficient administration safe operations and management of the Unit;
(b)

for all matters related to the management of finance, budgetary planning and implementation of policies relating to the Unit;
(c)

to the Kenya Civil Aviation Authority for establishing and maintaining safety and quality for the Air Operators Certification and Aircraft Maintenance Organization Approvals;
(d)

to the Kenya Civil Aviation Authority and the Inspector-General for establishing and maintaining security standards required by regulations, procedures and instructions;
(e)

for planning, organizing and supervising the engineering works including maintenance workshop and stores for purposes of complying with all applicable safety requirements;
(f)

for planning, organizing and supervising the flight operations in accordance with the Air wing’s Operations Manual section including fleet management and development for purposes of ensuring safety;
(g)

for planning, organizing and supervising all matters related to human resource management and development, including health and welfare of all staff within the Unit;
(h)

as the Liaison officer in matters related to the Air Wing; and
(i)

for any other matter as may be directed by the Inspector-General.

3. Air wing Headquarters

The Headquarters of the National Police Service Air Wing shall be located at the Wilson Airport, Nairobi at Hangar No. 27.

4. Functions of the National Police Service Air wing
(1)

The Unit shall provide aerial support to the National Police Service, facilitate Government flights, transportation and protection of Very Important Persons.
(2)

The Unit shall also be responsible for—

(a)

facilitating all forms of security related aerial work by government agencies including observation, patrol, photography, aerial survey, dropping of supplies and security equipment, and search and rescue;
(b)

providing aerial reconnaissance;
(c)

providing communication flights;
(d)

rendering support to other government agencies;
(e)

facilitating crime detection and prevention;
(f)

transportation of security personnel;
(g)

protection and security of Very Important Persons;
(h)

casualty evacuation;
(i)

assistance to victims of disasters;
(j)

crowd control and dispersal;
(k)

air traffic control;
(l)

anti-poaching flights; and
(m)

any other functions as exigency may require.

5. Organization structure
(1)

The functions of the National Police Service Air Wing shall be apportioned to various Sections and officers as indicated in the National Police Service Organization Structure in Annex 2.
(2)

The organizational structure shall be reviewed from time to time as need arises.

6. Deployment

The National Police Service Air Wing shall be deployed throughout the Republic for the discharge of the functions with which it is assigned.
CHAPTER 7 – FORMATIONS, UNITS AND COMPONENTS

1. Organization of the Service.

(1)

Pursuant to section 10 (h) of the National Police Service Act (Cap. 84), the Inspector-General shall organize the Service at the national level into formations, units and components.
(2)

No formation, unit, or component may be established, varied or abolished, without authority of the Inspector-General.
(1)

The Inspector-General shall assign responsibility for the implementation and administration of any function of the Service to a formation, unit or component to the extent not inconsistent with the Constitution, the National Police Service Act (Cap. 84) or any other written law.
(2)

No direction, function or mandate assigned to any formation, unit or component shall be inconsistent with the Constitution, the National Police Service Act (Cap. 84) or any other written law.

3. Abolition of formations, units and components
(1)

Subject to paragraph (2), the Inspector-General may abolish any police formation formed pursuant to these Standing Orders.
(2)

Despite paragraph (1), a formation, unit, or component established under the National Police Service Act (Cap. 84) or any other law shall not be abolished without the approval of Parliament.

4. National Police College, Kiganjo Campus

The National Police College, Kiganjo Campus is established to train recruits and officers of all cadres in the National Police Service nationally and internationally as provided in Chapter 11 and 71 of these Standing Orders.

5. Tourist Police Unit.

The Tourist Police Unit is established to undertake the following functions—

(a)

provision of security and ensuring safety and welfare of tourists;
(b)

detection and investigation of tourists related crimes;
(c)

assist in the prosecution of offenders;
(d)

address claims and complaints by tourists and assist tourists in need of help;
(e)

patrolling beaches, hotels and other tourist facilities including tourist circuit roads;
(f)

provision of escorts to tourists;
(g)

protection of tourists from any form of harassment; and
(h)

generally, advice and guide tourists.

6. Railway Police Unit

The Railway Police Unit is established to undertake the following functions—

(a)

prevention and detection of crimes;
(b)

ensuring safety and security of railways property and persons conveyed over railways;
(c)

investigation into offences related to property or person conveyed over railways;
(d)

inquiries into rail-related accidents; and
(e)

provision of escort duties in connection with transit of goods by rail.

7. Presidential Escort Unit.

The Presidential Escort Unit is established to undertake the following functions—

(a)

provide security and protection to the President;
(b)

provide security to the First Family;
(c)

provide security to the retired presidents;
(d)

provide security to the Deputy President;
(e)

provide security to visiting Heads of State and Governments; and
(f)

provide security to any other Very Important Person, as may be directed by the Inspector-General.

8. Marine Police Unit.

The Marine Police Unit is established to undertake the following functions—

(a)

gathering and assessing information with respect to security threats and exchanging such information with appropriate contacts in Government;
(b)

requiring the maintenance of communication protocols for ships and fort facilities;
(c)

preventing unauthorized access to ships, port facilities and other restricted areas;
(d)

preventing the introduction of unauthorized weapons, incendiary devices or explosives to ships or port facilities;
(e)

providing means for raising the alarm in reaction to security threats or security incidents;
(f)

requiring ship and port facility security plans based upon security assessments; and
(g)

requiring training drills and exercises to ensure familiarity with security plans and procedures.

9. Kenya Airports Police Unit

The Kenya Airports Police Unit is established to undertake the following functions—

(a)

preventing and detecting crimes against property or persons, within all airports;
(b)

investigating claims, complaints and irregularities in conveyance of goods and passengers, lost and found property and missing goods within the airports;
(c)

safeguarding airlines and private aircrafts parked within the apron area of the airports;
(d)

maintaining law and order, crowd control and undertaking security duties in accordance with the recommended and established standards of civil aviation security;
(e)

checking passengers and luggage before boarding or loading onto aircrafts;
(f)

controlling all entry points into the airports and restricted areas;
(g)

escorting valuables, explosives, arms and ammunition, wanted and extradited persons;
(h)

investigating accidents within airports;
(i)

guarding and protecting vital installations within airports.
(j)

guarding Very Important Persons facilities; and
(k)

generally ensuring security and coverage within the airports.

10. Kenya Police “K9” Unit.

The “K9” Unit is established to undertake the following functions—

(a)

caring and maintaining police dogs;
(b)

procuring and breeding police dogs;
(c)

training of police dogs and dog handlers;
(d)

deploying officers and police dogs for crime detection and prevention; and
(e)

detecting and preventing crime by use of police dogs.

11. General Service Unit

The General Service Unit is established to undertake the following functions—

(a)

providing security to the President, state houses and lodges;
(b)

providing security for selected foreign Airlines;
(c)

providing security to vital installations and strategic points;
(d)

controlling riotous mob and civil disturbance;
(e)

carrying out anti-poaching operations;
(f)

countering terrorism activities and insurgencies;
(g)

providing security to VVIPs;
(h)

conducting special operations;
(i)

escorting sensitive cargo and high-risk prisoners;
(j)

offering support in disaster and emergencies; and
(k)

any other duty as may be directed by the Deputy Inspector General or the Kenya Police Service, from time to time.

12. Diplomatic Police Unit

The Diplomatic Police Unit is established to undertake the following functions—

(a)

providing specialized security for diplomats;
(b)

liaising with diplomatic missions on security matters;
(c)

co-ordinating all rapid responses;
(d)

providing static and mobile security for diplomatic missions;
(e)

providing foot and mobile security patrols;
(f)

ensuring traffic control and investigating accidents; and
(g)

providing static guards to diplomatic facilities.

13. Kenya Police Traffic Department

The Kenya Police Traffic department is established to undertake the following functions—

(a)

ensuring of free flow of traffic;
(b)

prevention of road accidents;
(c)

investigation of accidents;
(d)

enforcement of all laws with which the department is charged; and
(e)

initiation of road safety sensitization to the members of the public.

14. Security of Government Building and VIP Protection Unit

The Security of Government Buildings & VIP Protection Unit shall undertake the following functions—

(a)

protection of government buildings and offices;
(b)

maintaining law and order, preventing and detecting crimes against property and persons within all government buildings and offices;
(c)

rendering support to government agencies in the enforcement of administrative functions and the exercise of lawful duties;
(d)

provision of security for cash and other valuables in transit;
(e)

provision of static security to financial institutions and selected private facilities on request;
(f)

render personal protective security to very important persons, private individuals and dignitaries;
(g)

provision of security to government institutions and parastatals;
(h)

providing static and mobile security for very important persons, dignitaries and their places of residence;
(i)

complementing other law enforcement agencies in security operations; and
(j)

emergency response.
15.

Rapid Deployment Unit (R.D.U)

The Rapid Deployment Unit (R.D.U) is established to undertake the following functions—

(a)

co-ordinating all security rapid responses services;
(b)

providing critical security operations during conflicts, national emergencies and international events;
(c)

co-ordinating with other Government agencies in conflict management and peace building;
(d)

restoration of peace;
(e)

counter-terrorism and counter-insurgency operations;
(f)

public order management;
(g)

disaster and emergency response; and
(h)

complementing field commands and other specialized units in high level security operations.
16.

Border Police Unit

The Border Police Unit is established to undertake the following functions—

(a)

assistance to immigration officers in enforcing lawful duties along the borders;
(b)

detecting and deterring illegal entries and related activities including human trafficking, illegal arms and smuggling of contraband or un-customed goods.
(c)

reduction of crime across border communities;
(d)

conducting surveillance and reconnaissance along the border entry points to enhance border security;
(e)

counter-terrorism and counter insurgency;
(f)

conducting impromptu Vehicle Check Points in roads classification Class A International Trunk Road and Class B National Trunk Road; and
(g)

collaborating with other security agencies in security operations.
17.

Anti-Stock Theft Unit

The Anti Stock Theft Unit is established to undertake the following functions—

(a)

anti-stock theft operations;
(b)

stock-theft investigations;
(c)

prevention of stock-theft;
(d)

crowd-control by use of horses;
(e)

breeding of horses;
(f)

training of horses;
(g)

training of horse riders;
(h)

tracing and identifying owners of the recovered stock;
(i)

overseeing the implanting of tracking chips or other traceability devices into the livestock;
(j)

breeding camels;
(k)

training camel riders; and
(l)

training camels.
18.

Critical Infrastructure Protection Unit

Critical Infrastructure Protection Unit shall—

(a)

protect upstream oilfields;
(b)

protect crude oil pipeline networks, refined petroleum pipeline and bulk storage;
(c)

protect electricity energy generation, bulk transmission and key distribution nodes;
(d)

provide security to water mass, dams and wastewater (sewerage) systems;
(e)

protect Lamu Port Southern Sudan-Ethiopia Transport Corridor (LAPSSET) projects, railways and roads;
(f)

provide security to Standard Gauge Railway and its affiliated projects;
(g)

protect all critical ICT installations, data centres and telecommunication apparatus;
(h)

provide security to all public and private medical and agricultural research centres;
(i)

provide security to critical medical and Central Radio-active Waste facilities; and
(j)

provide security to selected chemical and industrial facilities;
(k)

protect vital installations and strategic points;
(l)

provide escort duties in connection with critical infrastructures and strategic points;
(m)

detect and prevent crimes related to critical infrastructures;
(n)

provide security to any other critical infrastructure as may be designated from time to time;
(o)

be the linkage between private Security Service Providers and the National Police Service; and
(p)

collaborate with Private Security Regulatory Authority to set standards and accredit institutions offering training of security service providers and prospective security service providers to ensure a high quality of training.
19.

National Police College, Embakasi “A” Campus

The National Police College, Embakasi “A” Campus is established to train recruits and officers of all cadres in the National Police Services nationally and internationally as provided in Chapters 11 and 71 of these Standing Orders.
20.

Terrorism Prevention and Investigations Unit. (TPIU)

The Terrorism Prevention and Investigations Unit (TPIU) is established to undertake the following functions—

(a)

prevention, detection, disruption and interdiction of terrorist activities within the country;
(b)

investigation of terrorism and terrorism related cases;
(c)

securing evidence related to terrorist activities;
(d)

maintenance of profiles for suspected terrorists and establishment of a data-bank;
(e)

sharing intelligence with other security related agencies; and
(f)

reviewing and monitoring security of foreign missions accredited to Kenya.
21.

Anti-Narcotics Unit. (ANU)

The Anti-Narcotics Unit (ANU) is established to undertake the following functions—

(a)

investigation of drug related cases;
(b)

detection and prevention of drugs related offences;
(c)

dissemination of drug intelligence to other law enforcement agencies locally and internationally;
(d)

maintenance of data bank of drug cases;
(e)

liaison with local and international organizations dealing with drug related issues;
(f)

provision of public education and sensitization programmes to the public on dangers of drug abuse;
(g)

identification and elimination of drug production and conveyance systems; and
(h)

preservation of exhibits in its custody.

22. Criminal Research Intelligence Bureau. (CRIB)

The Criminal Research Intelligence Bureau (CRIB) is established to undertake the following functions—

(a)

oversee and co-ordinate matters related to criminal intelligence;
(b)

evaluate, analyze and disseminate criminal intelligence received from the field;
(c)

establish and maintain a criminal record data bank;
(d)

facilitate the National Police Service in intelligence-led policing strategy;
(e)

initiate the process of criminal intelligence collection, development and dissemination to the end user on need to know basis;
(f)

evaluate and analyze criminal data reports received from the field;
(g)

facilitate investigators with the necessary equipment and intelligence in criminal investigations;
(h)

facilitate the National Police Service in crime prevention and detection strategy;
(i)

provide liaison to the Service and other law enforcement and intelligence agencies both local and international through dissemination of criminal intelligence;
(j)

overseeing all matters relating to the collection of criminal intelligence; and
(k)

storage and retrieval of criminal intelligence.

23. Forensic Science.

The Forensic Science Unit is established to undertake the following functions—

(a)

provide the following services—

(i) photographic services;
(ii) ballistic services;
(iii) explosive response management services;
(iv) document examination services;
(v) finger, palm and foot print identification services;
(vi) crime scene support services;
(b)

carry out cyber-crime analysis; and
(c)

store and maintain criminal records.

24. National Central Bureau.

The National Central Bureau (INTERPOL) is established to undertake the following functions—

(a)

receive criminal intelligence from other INTERPOL member countries and disseminates to other competent government authorities;
(b)

facilitate extradition of fugitives to and from Kenya in accordance with the existing extradition treaties and through diplomatic channels;
(c)

co-ordinate with INTERPOL member countries, the Secretariat, regional bureaus and other government agencies on requests made to the Bureau; and
(d)

liaise with National Police Service and other government agencies on co-operation and promotion of INTERPOL initiatives.

25. National Criminal Investigation Academy. (NCIA)

The National Criminal Investigation Academy (NCIA) is established to undertake the following functions—

(a)

training of personnel in investigations and intelligence gathering;
(b)

develop the curriculum of the various courses at the academy;
(c)

undertake research;
(d)

undertake study tours and research to keep up with the best practices;
(e)

collaborate with other learning or training institutions; and
(f)

monitor and evaluate Director of Criminal Investigation training programmes.

26. Kenya Airports Criminal Investigation. (KACI)

The Kenya Airports Criminal Investigation (KACI) is established to undertake the following functions—

(a)

investigation of criminal activities in airports;
(b)

collection of criminal intelligence; and
(c)

liaise between the Directorate and the airport management.

27. Kenya Railways Criminal Investigation. (KRCI)

The formation Kenya Railways Criminal Investigation Office (RAILWAYS) is established to undertake the following functions—

(a)

investigation of criminal activities within the railways cooperation in the Republic of Kenya;
(b)

collection of criminal intelligence; and
(c)

liaison between the Directorate and the railways management.

28. Special Services Unit.

The Special Services Unit is established to undertake the following functions—

(a)

prevention of illegal trafficking of firearm and ammunition;
(b)

crack down of robberies with violence where firearms are used;
(c)

crack down of members of criminal organizations;
(d)

prevention of human trafficking in person;
(e)

dealing with cases of motor vehicle theft and manipulations of number plates;
(f)

prevention of theft of goods on transit;
(g)

prevention of trafficking of narcotic drugs and psychotropic substances;
(h)

prevention of re-occurrence of cases of abduction or kidnapping;
(i)

investigation of digital technologies crime against the state and the public; and
(j)

any other duty that the director deems necessary for the unit to prevail or investigate.

29. Economic and Commercial Crime Unit.

The Economic and Commercial Crime Unit is established to undertake the following functions—

(a)

banking fraud investigations;
(b)

financial investigations;
(c)

revenue protection services;
(d)

insurance fraud investigations;
(e)

Kenya Revenue Authority fraud investigations;
(f)

National Registration Bureau fraud investigations;
(g)

Communication Authority fraud unit;
(h)

Kenya Power Fraud investigations; and
(i)

Immigration Fraud investigations.

30. Serious Crime Unit.

The Serious Crime Unit is established to investigate the following offences—

(a)

homicide;
(b)

sexual offences;
(c)

cyber-crime;
(d)

organized crimes;
(e)

juvenile delinquency;
(f)

trafficking humans;

31. Regional Counter Terrorism Centre of Excellence.

The Regional Counter Terrorism Centre of Excellence is established to undertake the following functions—

(a)

research, analysis and timely dissemination of counter-terrorism related intelligence;
(b)

co-ordinated planning and action against terrorism;
(c)

sharing of experience and best practices among the member countries and other INTERPOL regions.

32. Anti-Counterfeit Investigations Unit.

The Anti-Counterfeit Investigations Unit is established to undertake the following functions—

(a)

investigate cases of proliferation of counterfeit goods into the country;
(b)

deter importation of counterfeit goods into the country; and
(c)

work with Kenya Bureau of Standards to rid of manufactured and sale of counterfeit goods.
33.

Anti-Land Fraud Unit.

The Anti-Land Fraud Unit is established to undertake the following functions—

(a)

investigate cases involving land fraud;
(b)

liaise with National Land Commission and recover public land acquired illegally;
(c)

put mechanism in place to deter theft of public land.

[L.N. 208/2020, s. 6.]
CHAPTER 8 – RANKS, DUTIES AND RESPONSIBILITIES

1. Ranking Structure of National Police Service

The National Police Service consists of the following ranks as set out in the First Schedule of the National Police Service Act (Cap. 84)—

(a)

Inspector-General;
(b)

Deputy Inspector-General;
(c)

Senior Assistant Inspector-General;
(d)

Assistant Inspector-General;
(e)

Commissioner;
(f)

Senior Superintendent;
(g)

Superintendent;
(h)

Assistant Superintendent;
(i)

Chief Inspector;
(j)

Inspector;
(k)

Senior sergeant;
(l)

Sergeant;
(m)

Corporal; and
(n)

Constable.

2. Amendment of the Schedule

The Cabinet Secretary may, on the advice of the National Police Service Commission from time to time, by an Order published in the Gazette, amend the ranking structure.

3. General roles and responsibilities

Despite the job descriptions contained in these Standing Orders, every police officer regardless of the rank shall be under an obligation to undertake the duties and discharge the responsibilities assigned to a police officer by the National Police Service Act (Cap. 84).

4. Duties of Principal Assistant to the Inspector-General

The Principal Assistant to the Inspector-General, National Police Service shall be responsible for co-ordinating the work of Directorates at the Office of the Inspector-General and ensuring efficiency in the administration of National Police Service.

5. Personal staff to the Inspector-General

The Personal staff to the Inspector-General—

(a)

shall work under the Inspector-General’s immediate instruction and control in performing its specific tasks;
(b)

may through the Principal Assistant to the Inspector-General, be tasked to co-ordinate actions and issues with other staff members;
(c)

shall be into two categories—
(i)

close assisting staff that includes Inspector-General’s personal assistant, personal secretary and aide-de-camp; and
(ii)

staff who, due to their professional and statutory assignment, perform advisory service to the Inspector General or execution of statutory tasks who include the human resource officer, head of finance or accounts, head of procurement, head of chaplaincy, head of inspections, public affairs and media liaison officer, medical officer, legal officer, and welfare and gender officer, may be required to report directly to the Deputy Inspector-General as part of his personal staff, which is in addition to their executive responsibility over respective branches, sections or office.

6. Directors at the National Police Service Headquarters

The Directors at the Office of the Inspector-General shall be responsible for managing their respective Directorates in a manner consistent with their mandate and policies and programmes of the National Police Service as directed by the Inspector-General from time to time.

7. Duties of Principal Assistants to Deputy Inspectors-General

The Principal Assistant to the respective Deputy Inspector-General Kenya Police Service and the Administration Police Service—

(a)

shall be the second-in-command in the Service and answerable to the Deputy Inspector-General generally on all matters regarding the Service, and specifically on any matter as may be assigned;
(b)

shall guide and co-ordinate staff tasks and ensures efficient and prompt staff response to the tasks assigned by the Deputy Inspector-General;
(c)

shall be the head of the General Administration and Finance Directorate, and may be assigned general management of any other Directorate, units or group of staff officers; and
(d)

may in the absence of the Deputy Inspector-General, exercise specified authority of the Deputy Inspector General and execute such responsibilities of the Deputy Inspector-General as may be directed.

8. Personal Staff to the Deputy Inspectors-General

The personal staff of the Deputy Inspector-General—

(a)

shall work under the Deputy Inspector-General immediate instruction and control in performing specific tasks;
(b)

may be tasked to co-ordinate actions and issues with other staff members, and in such instances they shall perform the duties through the Principal Assistant to the Deputy Inspector-General;
(c)

shall be into two categories—

(i) close assisting staff that includes Deputy Inspector-General’s personal assistant, personal secretary and aide-de-camp; and
(ii) staff who, due to their profession and statutory assignment, perform advisory service to the Deputy Inspector General or execution of statutory tasks who include the human resource officer, head of finance or accounts, head of procurement, head of chaplaincy, head of inspections, public affairs and media liaison officer, medical officer, legal officer, and welfare and gender officer, may be required to report directly to the Deputy Inspector-General as part of his personal staff, which is in addition to their executive responsibility over respective branches, sections or office.

9. Directors at the Service Headquarters

The Directors at the Service Headquarters shall be responsible for managing their respective Directorates in a manner consistent with their mandate and policies and programmes of the Services as directed by the respective Deputy Inspector-General from time to time.

10. Regional Police Commander

The Regional Police Commander in charge of the region shall be responsible for—

(a)

the effective and efficient day-to-day administration and operations of the Service at the Regional level;
(b)

providing operational guidance and direction for the region police services;
(c)

preparing the budget, planning and provision of support for the region and submit to the Deputy Inspector -General – Kenya Police Service;
(d)

monitoring and evaluating the police services at the region and submit quarterly reports to Deputy Inspector-General – Kenya Police Service;
(e)

undertaking the supervision of the police officers as spelt out in the law;
(f)

in consultation with Regional Security Team, the Regional Police Commander shall advice and recommend to the Deputy Inspector-General – Kenya Police Service on the establishment, maintenance and abolishment of police stations, posts, patrol bases and unit bases at the regional level;
(g)

conducting training need assessment and keeping an inventory of the skills of his personnel and advice the Deputy Inspector-General – Kenya Police Service, accordingly and shall in addition constitute a regional training committee;
(h)

providing internal oversight at the county in terms of professionalism (code of conduct), accountability in all legislations relating to provision of security;
(i)

improving transparency and accountability among police officers under his command;
(j)

establishing and maintaining a cordial relationship between the police and the community within his jurisdiction;
(k)

co-operating and engaging in joint security operations with other Units and Government departments or other security organs to ensure the safety and security of the public; and
(l)

perform any such other duties as may be assigned by the Deputy Inspector-General – Kenya Police Service or as may be prescribed by law.

11. Regional CIPU Commander

The Regional CIPU Commander in charge of a Region shall be responsible for—

(a)

undertaking the supervision of CIPU officers at the Region in the performance of protective security and rendering support to government agencies in the enforcement of administrative functions and exercise of lawful duties;
(b)

acting as the linkage between Private Security Service Providers and the National Police Service at the Region;
(c)

the effective and efficient day-to-day administration and operations of the CIPU services at the Regional level;
(d)

providing operational guidance and direction to CIPU Administration Police officers at the Region;
(e)

preparing budget, planning and provision of support to CIPU officers at the Region and submit to the DIG;
(f)

monitoring and evaluating CIPU services at the Region and submitting quarterly reports to DIG;
(g)

attending Regional Security and Intelligence Committee to apprise on protective security at the Region;
(h)

advising and recommending to the DIG on the establishment, maintenance and abolishment of Units and Unit Bases at the Regional level;
(i)

conducting training need assessment and keeping an inventory of the skills of his personnel and advice the DIG, accordingly;
(j)

providing internal oversight of CIPU Administration Police officers at the Region in terms of professionalism (code of conduct), accountability in all legislations relating to the provision of security;
(k)

improving transparency and accountability amongst Administration Police officers under his command;
(l)

co-operating and engaging in joint security operations with the Regional Police Commander, other Government departments or other security agencies;
(m)

developing the Regional CIPU strategy or operational plan and performance contract; and
(n)

perform any such other duties as may be assigned by the Deputy Inspector-General or as may be prescribed by Law.

12. County Police Commander

The County Police Commander in charge of a county shall be responsible for—

(a)

the effective and efficient day-to-day administration and operations of the Service at the county level;
(b)

providing operational guidance and direction for the county police services;
(c)

preparing the budget, planning and provision of support for county and submit to the Regional Police Commander;
(d)

monitoring and evaluating the police services at the county and submit quarterly reports to Regional Police Commander;
(e)

undertaking the supervision of the police officers as provided in the law;
(f)

advising and recommending, in consultation with the County Security Team, the County Commander, to the Regional Police Commander on the establishment, maintenance and abolishment of police stations, posts, patrol bases and unit bases at the county level;
(g)

conducting training need assessment and keeping an inventory of the skills of his personnel and advice the Regional Police Commander, accordingly;
(h)

constituting the county training committee;
(i)

providing internal oversight at the county in terms of professionalism (code of conduct), accountability in all legislations relating to provision of security;
(j)

improving transparency and accountability among police officers under his command;
(k)

establishing and maintaining cordial relationship between the police and the community within his jurisdiction;
(l)

co-operating and engaging in joint security operations with other Units and Government departments or other security organs to ensure the safety and security of the public;
(m)

establishing a facility in each police post or other premises for receiving, recording and reporting complaints from members of the public; and
(n)

performing any such other duties as may be assigned by the Regional Police Commander or as may be prescribed by law.

13. County CIPU Commander.

The County CIPU Commander in charge of a County shall be responsible for–

(a)

undertaking supervision of CIPU officers at the County in performance of protective security and rendering support to government agencies in the enforcement of administrative functions and exercise of lawful duties;
(b)

acting as the linkage between Private Security Service Providers and the National Police Service at the County;
(c)

the effective and efficient day-to-day administration and operations of the Service at the County level;
(d)

providing operational guidance and direction to CIPU Administration Police officers at the County;
(e)

preparing budget, planning and provision of support to CIPU Administration Police officers at the County and submitting to the Regional CIPU Commander;
(f)

monitoring and evaluating the CIPU services at the County and submitting quarterly reports to Regional CIPU Commander;
(g)

attending County Security and Intelligence Committee meetings to apprise on protective security at the County;
(h)

advising and recommending to the Regional CIPU Commander on the establishment, maintenance and abolishment of Units and Unit Bases at the County level;
(i)

conducting training need assessment and keeping an inventory of the skills of his personnel and advising the Regional CIPU Commander, accordingly.
(j)

providing internal oversight of the CIPU Administration Police officers at the County in terms of professionalism (code of conduct), accountability in all legislations relating to provision of security;
(k)

improving transparency and accountability among Administration Police officers under his command;
(l)

co-operating and engaging in joint security operations with the County Police Commander, other Government Departments or other security agencies;
(m)

constituting and chairing CIPU County training committee;
(n)

developing the CIPU County strategy or work plan and performance contract; and
(o)

performing such other duties as may be assigned by the Regional CIPU Commander or by law.

14. Sub-County Police Commander

The Sub-County Police Commander in charge of the subcounty shall be responsible to the County Commander for—

(a)

the effective and efficient day-to-day administration and operations of the National Police Service at the sub-county level;
(b)

providing operational guidance and direction for the subcounty police service delivery;
(c)

preparing the budget, planning and provision of support for sub-county officers and submit to the County Commander;
(d)

monitoring and evaluating the police services at the county and submit quarterly reports to County Commander;
(e)

undertaking the supervision of the police officers as provided in the law;
(f)

advising and recommending, in consultation with subcounty security team and the sub-county commander shall, the County Commander on the establishment, maintenance and abolishment of police stations, post, patrol bases, unit bases at the sub-county level;
(g)

ensuring the receiving, recording and reporting of complaints from members of the public in all police premises in the sub-county are up-to-date;
(h)

conducting training need assessment and keeping an inventory of the skills of his personnel and advising the county commander accordingly;
(i)

constituting the sub-county training committee;
(j)

providing internal oversight at the Sub-County in terms of professionalism (code of conduct), accountability in all legislations relating to provision of security;
(k)

improving transparency and accountability among police officers under his command;
(l)

establishing and maintaining a relationship between the police and the community within his jurisdiction;
(m)

co-operating and engaging in joint security operations with other Units and Government departments or other security organs to ensure the safety and security of the public;
(n)

developing the sub-county strategy or work plan and performance contract; and
(o)

performing such other duties as may be assigned by the County Commander or by law.

15. Sub-County CIPU Commander.

The Sub-County CIPU Commander in charge of the Sub-County shall be responsible to the CIPU County Commander for—

(a)

undertaking supervision of CIPU officers at the Sub-County in performance of protective security and rendering support to government agencies in the enforcement of administrative functions and exercise of lawful duties;
(b)

acting as the linkage between Private Security Service Providers and the National Police Service at the Sub-County.
(c)

the effective and efficient day-to-day administration and operations of CIPU or Service at the Sub-County level;
(d)

providing operational guidance and direction for the CIPU Administration Police officers at the Sub-County;
(e)

preparing budget, planning and provision of support for CIPU Sub-County Administration Police officers and submitting to the County CIPU Commander;
(f)

monitoring and evaluating the CIPU services at the County and submitting quarterly reports to the County CIPU Commander;
(g)

attending Sub-County Security and Intelligence Committee to apprise on protective security at the Sub-County;
(h)

advising and recommending to the County CIPU Commander on the establishment, maintenance and abolishment of Units and Unit Bases at the Sub-County level;
(i)

conducting training need assessment and keeping an inventory of the skills of his personnel and advising the County CIPU Commander, accordingly.
(j)

providing internal oversight of CIPU Administration Police officers at the Sub-County in terms of professionalism (code of conduct), accountability in all legislations relating to provision of security;
(k)

improving transparency and accountability among Administration Police officers under his command;
(l)

co-operating and engaging in joint security operations with the Sub-County Police Commander, other Government Departments or other security agencies;
(m)

developing the CIPU Sub-County strategy or work plan and performance contract; and
(n)

performing such other duties as may be assigned by the County CIPU Commander or by law.

16. Officer Commanding Station or Ward Commander

The Officer-in-Charge of a police station is responsible to his Sub-County Police Commander for—

(a)

the efficient administration of the station;
(b)

providing room for operational creativity to the police officers from all the services under his station area;
(c)

prevention and detection of crime and the apprehension of offenders in the area;
(d)

addressing to complaints against police;
(e)

all serious scenes of crime;
(f)

curbing the outbreak of crime and for organizing special police operations;
(g)

fostering cordial relationship between the Kenya Police Service and broader society through Community Policing Initiatives;
(h)

maintenance of police posts and patrol bases;
(i)

ensuring that all human right issues are promptly and properly handled;
(j)

keeping the sub-county police commander fully informed on matters affecting crime and security in the area;
(k)

co-operating with representatives of all government departments in the area;
(l)

regular night inspections of the station or post;
(m)

ensuring that the subordinates have a thorough knowledge of their area, including the full particulars of known criminals, suspected and wanted persons; and
(n)

monitoring and evaluation of Police operation within the area.

17. Officer Commanding Police Post

The Officer-in-Charge of a police post is responsible to Officer Commanding Police Station for—

(a)

efficient administration of his Post;
(b)

prevention and detection of crime and the apprehension of offenders in his area;
(c)

ensuring that all complaints against police are properly received, recorded and forwarded to the Officer Commanding Police Station (OCS);
(d)

visiting the scene of every serious crime;
(e)

taking necessary steps to deal with any outbreak of crime and for organizing special police operations;
(f)

ensuring that the subordinates have a thorough knowledge of their area, including the full particulars of known criminals, suspected and wanted persons; and
(g)

monitoring and evaluating of Police operation within the area.

18. Unit Commander or Commandant.

The Police Commander in charge of a Unit or Formation shall perform specialized duties assigned to the Unit or Formation under Chapter 7 of Service Standing Orders and shall be responsible to the respective Deputy Inspector General for—

(a)

the effective and efficient day-to-day administration and operations of the Unit;
(b)

providing operational and tactical guidance and direction for the Unit;
(c)

preparing plans and budget to ensure proper provision of the Unit and submit the same to the respective Deputy Inspector General;
(d)

monitoring and evaluating the services of the respective Service at the Unit and submit quarterly reports to the respective Deputy Inspector General;
(e)

undertaking supervision of officers under the Unit as provided in the law;
(f)

advising and recommending, in consultation with Regional, County, Sub-County security teams, the Unit commander, to the DIG on the establishment, maintenance and abolishment of Units and Unit Bases;
(g)

receiving, recording and reporting of complaints from members of the public at all Units and Unit Bases including the Unit headquarters are up-to-date;
(h)

conducting training need assessment and keeping an inventory of the skills of his personnel and advice the respective Deputy Inspector General, accordingly;
(i)

constituting and chairing the Unit Training Committee;
(j)

providing internal oversight of the personnel in the Unit in terms of professionalism (code of conduct), accountability in all legislations relating to provision of security;
(k)

establishing and maintaining good relationship between the Service and the community within the area deployed;
(l)

co-operating and engaging in joint security operations with other Units and Police Commanders at all levels, other Government Departments or security agencies to ensure safety and security of the public; and
(m)

performing any such other duties as may be assigned by the respective Deputy Inspector General or as may be prescribed by Law.

19. Deputy Unit Commander or Commandant

The Deputy Unit Commander or Commandant is the principal assistant to the Unit Commander or Commandant and shall be responsible to the Unit Commander for—

(a)

co-ordination, development and implementation of Unit strategies, Operational plans and performance contracts;
(b)

coordinating and tasking of staff officers;
(c)

supervision, preparation and execution operations orders;
(d)

briefing of the Unit Commander or Commandant on the progress of operations; and
(e)

supervision and preparation of the post-operation reports; and
(f)

co-ordination and championing of community policing initiatives.

20. Company commanders

The Company Commanders shall be responsible to the Unit or Formation Commander for—

(a)

the efficient and effective administration of the Company;
(b)

directing inquiries into complains against personnel;
(c)

taking on charge stores, arms and ammunition;
(d)

care and custody of accountable documents;
(e)

fostering cordial working relationship with other Government departments;
(f)

maintain links with other Police Commanders at all levels and National Government Administrative Officers; and
(g)

preparing appraisal reports for platoon commanders and Non-Commissioned Officers (NCO’s) promotional Boards.

21. Platoon commander

The Platoon Commander shall be responsible to the company Commander for—

(a)

the efficient and smooth administration of the platoon;
(b)

the prevention and detection of crimes and enhancement of patrols;
(c)

investigation of complains received and recorded;
(d)

keeping the Company commander informed of matters affecting operations within his area of operations;
(e)

visiting scenes of serious incidents;
(f)

fostering cordial working relationship with other Government departments;
(g)

collection of intelligence;
(h)

carrying out inspections;
(i)

the care, custody and maintenance of arms and ammunition;
(j)

the welfare for platoon;
(k)

the enforcement of discipline; and
(l)

any other duty assigned by the Company Commander from time to time.

22. Platoon sergeant

The Platoon Sergeant shall be responsible for—

(a)

the platoon in the absence of the Platoon Commander and Platoon Deputy Commander;
(b)

custodian of all arms or ammunition in the platoon;
(c)

in-charge armoury keys and control;
(d)

discipline of the platoon personnel;
(e)

the deputy platoon commander;
(f)

liaison between the platoon commander and the other Non-Commissioned Officers (NCO’s);
(g)

the Camps, police lines and welfare of personnel; and
(h)

the mortar men during platoon attacks.

23. Section commander

The section commander shall be responsible to the Platoon Commander for—

(a)

the efficient management of the section;
(b)

conducting parade inspections; and
(c)

conducting patrols.

24. Duties of Principal Assistant to Director Criminal Investigation

(a)

shall be the second-in-command in the Service and answerable to the Director Criminal investigation generally on all matters regarding the Service, and specifically on any matter as may be assigned;
(b)

shall guide and co-ordinate staff tasks and ensure efficient and prompt staff response to the tasks assigned by the Director Criminal investigation;
(c)

shall be the head of the General Administration and Finance Directorate, and may be assigned general management of any other Directorate, units, section or group of staff officers;
(d)

may, in the absence of the Director Criminal investigation, exercise specified authority of the Director Criminal investigation and execute such responsibilities of the Director Criminal investigation as may be directed.

25. Staff Officer Personnel 1

The personal staff to the Director Criminal Investigations—

(a)

shall work under the Director Criminal investigation immediate instruction and control in performing specific tasks;
(b)

may be tasked to co-ordinate actions and issues with other staff members, and in such instances they shall perform the duties through the Principal Assistant to the Director Criminal investigation;
(c)

shall be into two categories—

(i) close assisting staff that includes Director Criminal investigation’s personal assistant, personal secretary and aide-de-camp; and
(ii) staff who, due to their profession and statutory assignment, perform advisory service to the Director Criminal investigation or execution of statutory tasks who include the human resource officer, head of finance or accounts, head of procurement, head of chaplaincy, head of inspections, public affairs and media liaison officer, medical officer, legal officer, and welfare and gender officer.
(2)

The category of staff under paragraph (1) (c)(ii) may be required to report directly to the Director Criminal investigation as part of his personal staff, which is in addition to their executive responsibility over respective branches, sections or offices.

26. Directors at the Directorate of Criminal Investigation Headquarter

The Directors at the Directorate of Criminal investigation Headquarters shall be responsible for managing their respective Directorates in a manner consistent with their mandate and policies and programmes of the Directorate as directed by the Director Criminal investigation from time to time.

27. Regional Criminal Investigation Officer

The Regional Criminal Investigation Officer shall be responsible for—

(a)

guiding and directing police officers in the investigation of a crime;
(b)

maintaining liaison with other County Directorate of Criminal Investigations in the Region;
(c)

keeping the County Criminal Investigations Officers and the Sub-County Commanders up to date with all major cases and trends of crime;
(d)

notifying the Director of Criminal Investigations Headquarters of all offences listed in Appendix 42(a);
(e)

consulting with County Criminal Investigations Officer on any serious crimes investigations;
(f)

collecting, collating and disseminating criminal intelligence in the Region;
(g)

liaising with other Services on matters relating to crime in their respective regions;
(h)

taking over complicated or protracted investigations after consultation with the Region commanders; and
(i)

co-ordinating the investigation of serious crimes which are committed by the same person.

28. County Criminal Investigations Officers.

The County Criminal Investigations Officers are responsible to the Director, Directorate Criminal Investigations Officers for—

(a)

guiding and directing police officers in the investigation of a crime;
(b)

maintaining liaison with other sub-county Directorate of Criminal Investigations in the County;
(c)

keeping the County Criminal Investigations Officer and the Sub-County Commanders up to date with all major cases and trends of crime;
(d)

notification to County Directorate of Criminal Investigations Headquarters of all offences listed in Appendix 42(a);
(e)

sub-county Criminal Investigations Officers to consult with County Criminal Investigations Officer on account of serious crimes investigations;
(f)

collecting, collating and disseminating criminal intelligence;
(g)

acting as liaison officers on matters relating to crime within the Service in their respective Counties;
(h)

taking over complicated or protracted investigations after consultation with the County Commanders; and
(i)

co-ordinating the investigation of serious crimes which are committed by the same person.

29. Sub-County Criminal Investigations Officers

The Sub-County Criminal Investigations Officers are responsible to the County Criminal Investigations Officers for—

(a)

guiding and directing police officers in the investigation of a crime;
(b)

maintaining liaison with other sub-county Directorate of Criminal Investigations in the County;
(c)

keeping the County Criminal Investigations Officer and the Sub-County Commanders up to date with all major cases and trends of crime;
(d)

notification to County Directorate of Criminal Investigations Headquarters of all offences listed in Appendix 42(a);
(e)

Sub-County Criminal Investigations Officers to consult with County Criminal Investigations Officer on serious crimes investigations;
(f)

collecting, collating and disseminating criminal intelligence;
(g)

acting as liaison officers on matters relating to crime within the Service in their respective sub-counties;
(h)

taking over complicated or protracted investigations after consultation with the Sub-County Commanders; and
(i)

co-ordinating the investigation of serious crimes committed by the same person.

30. Duties of Deputy Director Internal Affairs Unit

The Deputy Director shall responsible for the Director Internal Affairs Unit for–

(a)

effective and efficient administration and operation of the Unit;
(b)

dissemination and implementation of the Unit decisions;
(c)

assuming the duties of the Director of Internal Affairs Unit in his absence;
(d)

performing any other duty that may be assigned from time to time by the Director of Internal Affairs Unit.

31. Head of Operations at the Internal Affairs Unit

The Head of Operations shall be responsible to the Director Internal Affairs Unit for—

(a)

co-ordination of all activities of the Unit, Sections, Regional, County offices and ensuring high performance levels in all operational areas;
(b)

co-ordination and liaison with government departments, non-governmental organisations and other stakeholders on matters pertaining to the investigation of police misconduct;
(c)

preparation of regular inspection reports (monthly, quarterly and annually);
(d)

conducting annual inspections of the regional and county Unit’s Internal Affairs Unit offices;
(e)

providing adequate security services for the Unit;
(f)

performance of any other function that may be assigned from time to time by the Director of Internal Affairs Unit.

32. Head of Human Capital Management

The Head of Human Capital Management shall be responsible to the Director Internal Affairs Unit for—

(a)

overseeing the recruitment process in the Unit;
(b)

supporting the general administration of the staff;
(c)

overseeing the Training, development and placement of staff;
(d)

advising on human capital management, policies and guidelines;
(e)

processing performance appraisal and management of staff;
(f)

presiding over appeals, promotions and discipline;
(g)

planning and co-ordination of Human Capital Management activities for efficient and effective delivery of services in the Unit;
(h)

the management of the Unit’s staff records;
(i)

the preparation and review of job descriptions;
(j)

the welfare of the officers;
(k)

retirement, resignation, removals or dismissals;
(l)

police law examination for members of inspectorate and gazetted officers;
(m)

confirmation in appointments; and
(n)

performing of any other duty that may be assigned from time to time by the Director.

33. Head of Legal Services

The Head of Legal Services shall be responsible to the Director Internal Affairs Unit for—

(a)

offering advice and guidance on legal matters to the Unit;
(b)

handling litigation cases and providing adequate representation of the Unit in civil and criminal Court proceedings, in consultation with Office of the Inspector General;
(c)

drafting policies and regulations including drafting and reviewing of contracts;
(d)

carrying out comprehensive analysis of evidence, which includes evaluation of evidence gathered in the course of investigations and to prepare legal reports and briefs;
(e)

providing liaison with Independent Policing Oversight Authority, Office of the Director of Public Prosecution, National Police Service Commission, Services, Directorate and other relevant State Agencies;
(f)

preparing statutory performance and annual reports in liaison with the Heads of other Sections of the Unit; and
(g)

performing of any other duty that may be assigned from time to time by the Director.

34. Regional Internal Affairs Unit Unit’s Officer

The Regional Internal Affairs Unit Officer shall be responsible to the Director Internal Affairs Unit for—

(a)

the effective administration and operations of the Regional Internal Affairs Unit unit’s office;
(b)

receiving and investigating cases of police misconduct;
(c)

ensuring the organisation, supervision and efficiency of the Unit in the respective regions, by keeping the Director of Internal Affairs Unit up to date with all trends of complaints against police in their Regions;
(d)

liaising with the Unit’s Internal Affairs Unit headquarters on matters investigation of police misconduct;
(e)

liaising with the Office of the Director of Public Prosecutions, Independent Policing Oversight Authority, the Services and Directorate Criminal Investigations within their areas on matters of investigations of police misconduct;
(f)

preparing and submitting monthly, quarterly and annual returns, which returns shall include: number of complaints received during the month and the cumulative number and the number of cases under investigations and those that have been concluded;
(g)

prompt reporting of any serious complaints of police misconduct to Director Internal Affairs Unit of the Unit;
(h)

personally visiting areas where serious incidents of police misconduct occurs for purposes of documentation and initiating investigations;
(i)

keeping and maintaining a record of the facts in respect of any complaint or investigations; and
(j)

performing of any other related duty as may be assigned, from time to time, by the Director.

35. Head of Investigations.

The Head of Investigations shall be responsible to the Director Internal Affairs Unit for—

(a)

leading and directing investigations into complaints against police misconduct;
(b)

providing support and guidance to all investigators in the Unit;
(c)

assigning investigation duties to the staff and ensure timely completion of investigations;
(d)

ensuring all investigators adhere to the investigation standards as specified in the enabling guidelines, statutory requirements and other Service policy guidelines;
(e)

undertaking joint investigation duties with Independent Policing Oversight Authority, Directorate of Criminal Investigations, Office of the Director of Public Prosecutions and other government law enforcement agencies as and when may be directed by the Director of the Internal Affairs Unit;
(f)

liaising with the head of complaints management on compilation of statistical analysis of cases handled by the Unit;
(g)

ensuring compliance with summonses, decisions and orders of the Unit; and
(h)

performing of any other duty that may be assigned, from time to time, by the Director.

36. Head of Complaints Management.

The Sub-County Directorate of Criminal Investigations Commanders are responsible to the County Directorate of Criminal Investigations Commanders for—

(a)

receiving and recording all complaints made to the Unit while ensuring that each case is allocated a reference number;
(b)

supervising the operations of anonymous reporting and information system;
(c)

continuously updating the complaint management database;
(d)

compilation of statistical analysis of complaints and trends for the Inspector-General, National Police Service Commission, Independent Policing Oversight Authority, Commission of Administrative Justice and field offices;
(e)

following up on cases of police misconduct with the Services and the Authority;
(f)

acknowledging complaints and maintaining feedback systems in the Unit;
(g)

giving guidance to complainants on matters of enquiries; and
(h)

performing of any other duty that may be assigned from time to time by the Director.

37. Head of Logistics

The Head of logistics Section shall be responsible to the Director Internal Affairs Unit for—

(a)

preparation and submission of annual procurement work plan for the Unit;
(b)

preparation and maintenance of the Unit’s infrastructure and support facility;
(c)

provision of the Unit’s general stores;
(d)

replacement and maintenance of tools and equipment;
(e)

coordination and acquisition of the Unit’s stationery, manuals and pamphlets;
(f)

provision and kitting of all staff in accordance to laid down scale of issue; and
(g)

keeping records of the Unit’s logistical requirements.
(h)

the Unit’s fleet management;
(i)

liaison with the Chief Service Armourer on the issuance of firearms to unit staff;
(j)

organize for regular range practice for the unit’s staff; and
(k)

performing of any other duty that may be assigned by the Director.

38. Head of intelligence and surveillance.

The Head of Intelligence and surveillance shall be responsible to the Director Internal Affairs Unit for—

(a)

supervision of covert and overt investigations and reporting misconduct members of the Service;
(b)

developing and implementation of intelligence collection strategies;
(c)

supervision and co-ordinating the use of various covert surveillance techniques;
(d)

liaising with other agencies and government departments on matters of intelligence collection;
(e)

ensuring that special security and regulatory restrictions are adhered to in maintaining integrity of the investigations;
(f)

supporting security programs including physical security vulnerabilities;
(g)

provision of timely intelligence updates to the Unit;
(h)

keeping records of intelligence data;
(i)

offering facilitation of intelligence officers;
(j)

intelligence technical advice; and
(k)

performing of any other duty that may be assigned by the Director.

39. County Internal Affairs Unit officer

(a)

be responsible to the Regional Internal Affairs Unit officer for effective administration and operations of the County Internal Affairs staff;
(b)

liaise with the Regional Internal Affairs Unit office on investigations concerning police misconduct;
(c)

conduct inspection of police records and holding facilities within the county including formation and unit bases and submit a detailed report with recommendations to the Regional Internal Affairs Unit officer for onward submission to the Director Internal Affairs Unit;
(d)

where necessary, liaise with the Office of the Director of Public Prosecutions, Independent Policing Oversight Authority, National Police Service Commission, the Services and Directorate of Criminal Investigations within their areas on matters of investigations of police misconduct;
(e)

visit areas of serious incidents of police misconduct, initiate prompt investigations and immediately submit a brief to the Regional Internal Affairs Unit Officer;
(f)

preparing and submitting monthly, quarterly and annual returns which returns shall include number of complaints received during period under review and cumulative number, number of cases under investigations and finalised, monthly expenditure and any other related matters; and
(g)

performing of any other duty that may be assigned by the Director Internal Affairs Unit.

40. Functions of the Head of Corporate Communications

The Head of the corporate communications shall be responsible to the Director Internal Affairs Unit for–

(a)

developing, writing and communications materials, including press releases and social media content;
(b)

maintaining digital media archives including photos and videos;
(c)

managing the Unit resource centre and disseminating information to the public;
(d)

creating public awareness on Units mandates and functions through sensitization and other communications platforms;
(h)

responding to media inquiries and perform media outreach to achieve brand placement in publications;
(i)

plan, coordinate and manage events in the Unit; and
(j)

develop in-house journals for publishing such as magazines, annual reports, brochures, articles, newsletters and audio-visual materials.

41. Order of precedence

The order of precedence of police officers of the same rank shall be according to the dates of their appointment in the rank.

42. Co-operation and support across the Service

An officer in the Service may, in the performance of his duties and responsibilities request for assistance from the Kenya Police Service, the Administration Police Service, the Directorate of Criminal Investigations or Internal Affairs Unit, as may be necessary.

43. Offences, to be notified to Director of Criminal Investigations

Offences stipulated under Appendix 42 together with all offences under the Ethics and Anti-Corruption Commission Act(Cap. 7H), Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A) and any other specified offences shall be notified to the Director of Criminal Investigations by the police officers whose area the offences have been committed.

[L.N. 208/2020, s. 7.]
CHAPTER 9 – CHAIN OF COMMAND

1. Chain of Command

(1)

The chain of command is the line of authority from the Inspector-General to every member of the Service that facilitates effective decision-making and organizational communication.
(2)

Police Officers shall adhere to and respect the chain of command in all official actions as designated in the Order of Rank.
(3)

Despite the provisions of paragraph (2), an officer shall not be liable for a disciplinary action if the officer, in good faith, bypasses the chain of command owing to the exigencies of duty or circumstances of the case are such that the chain of command cannot reasonably be adhered to.

2. Unified chain of command
(1)

The National Police Service shall perform operations under a unified chain of command in respective jurisdictions under the direct command of the Deputy Inspector General, Kenya Police Service as follows—

(a)

Regional Police Commander (RPC);
(b)

County Police Commander (CPC);
(c)

Sub-County Police Commander (SCPC); and
(d)

Officer in Charge Police Station (OCS).
(2)

The chain of command from the Inspector-General to every member of the Service shall be as indicated in the Command Structure in Appendix 9A.
(3)

The respective Services, Directorates and Unit shall in exercise of its administrative functions draw its command from respective Service and Directorate commands (Kenya Police Service, Administration Police Service, Directorate of Criminal Investigations and Internal Affairs Unit).

3. Unit of Command
(1)

A police officer shall be accountable to only one supervisor at any given time.
(2)

An officer shall be responsible or accountable to his immediate supervisor, except when working on a special assignment, incident, or temporarily assigned to another Unit.
(3)

In the circumstances contemplated under paragraph (2), the officer shall be accountable to the first-line supervisor in charge of the assignment or incident.
(4)

Every organizational component shall be under the direct command of only one supervisor as specified on the Service organizational chart and command structure.
(5)

Where circumstances so require, a commanding officer may give a lawful order to a member or component that is outside their normal chain of command and such order shall be obeyed.
(6)

A supervisor of any rank may give a lawful order to an officer of a component that is outside their normal chain of command and such order shall be obeyed.
(7)

To achieve effective direction, co-ordination and control, the number of police officers under the immediate control of a supervisor shall be reasonable but not more than the number directed by the respective Deputy Inspectors-General.
(8)

The exact number of personnel supervised by any one supervisor shall be dependent on the nature of the job being performed, the complexity of the task, the size of the area to be supervised, the experience level of the members, and other factors that may influence the work environment.
(9)

Each supervisor shall continually review the number of personnel under their command to ensure that appropriate limits are not exceeded.
(10)

Police commanders in counties with established police units shall access support of established police units operating in their jurisdictions through their respective Deputy Inspectors Generals and shall be responsible for operational command within the period required assignments or reinforcements and thereafter revert to their usual command.

4. Officer-in-charge.
(1)

The officer-in-charge of any non-planned assignment shall be the first officer to arrive on the scene.
(2)

The officer shall remain in charge until relieved by a higherranking officer who shall specifically advise the officer that he is so relieved.
(3)

When two officers of equal rank arrive simultaneously at a scene and a conflict exists as to who is in charge, the officer-in-charge shall be the one more senior in the rank.

[L.N. 208/2020, s. 8.]
CHAPTER 10 – STRUCTURE OF POLICE STATIONS, POSTS, PATROL BASES, UNITS AND UNIT BASES

1. Designation of Police Stations, Outposts, Posts, Units and Unit bases

(1)

(1) The Inspector-General shall from time to time, by a notice in the Gazette, designate police stations, posts, patrol bases, units and unit bases as a place of custody.
(2)

The Deputy Inspector-General, Kenya Police Service, subject to the direction of the Inspector General establish, posts, patrol bases, units and unit bases in the county and determine their boundaries and establish a facility in each police post or their premises for receiving, recording and reporting complaints.
(3)

The Deputy Inspector General, Administration Police Service shall, subject to the direction of the Inspector General establish unit and unit bases in the county and determine their boundaries and establish Unit and facility in each police post or their premises for receiving, recording and reporting complaints.

2. Equitable distribution of police stations.

The Inspector-General shall ensure that, pursuant to the national values and principles of governance contained in Article 10 of the Constitution, designated police stations are equitably established and distributed throughout the Republic.

3. Functions of the police stations

Police Stations shall be the Centre for the administrative and command functions of all police services and shall—

(a)

be the unit for police service delivery;
(b)

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

register the victims of crime and violence within their areas of jurisdiction and establish support schemes for them; and
(d)

have a facility to receive record and report complaints against police misconduct.

4. Responsibilities of a police officer–in-charge of a police station (OCS).
(1)

A police officer-in-charge of a police station whose mandate include commanding police posts and patrol bases within the respective area of operation that include support to National Government Administration function shall be responsible for—

(a)

the efficient administration of the station;
(b)

providing room for operational creativity to the police officers from all the services under their respective station area;
(c)

prevention and detection of crime and the apprehension of offenders in the area;
(d)

addressing to complaints against police;
(e)

all serious scenes of crime;
(f)

curbing the outbreak of crime and for organizing special police operations;
(g)

fostering cordial relationship between the Kenya Police Service and broader society through Community Policing Initiatives;
(h)

maintenance of police posts and patrol bases;
(i)

ensuring that all human rights issues are promptly and properly handled;
(j)

keeping the sub-county police commander fully informed on matters affecting crime and security in the area;
(k)

co-operation with representatives of all government departments in the area;
(l)

regular night inspections of the station or post;
(m)

ensuring that the subordinates have a thorough knowledge of their area, including the full particulars of known criminals, suspected and wanted persons;
(n)

receiving, investigating and resolving less serious complaints against police misconduct and notifying senior investigating officer, Internal Affairs Unit or as the case may be of all complaints lodged against police officers under their command and supervision; and
(o)

monitoring and evaluation of police operations within the area.
(2)

All police ward, posts and outposts formerly under Administration Police Service shall fall under General Duty Police and the Command of the Police Officer-in-Charge of a Police Station.

5. Deputy station commanders
(1)

A police station commander shall have one deputy station commander who shall facilitate the execution of administrative and command functions.
(2)

In the absence of a Station Commander, the deputy station commander shall assume the office.

Deputy station commanders.

6. Shift quarters.
(1)

A police station commander shall ensure that there exists a facility to provide for a shift quarter separate for men and women on duty and those standby for duty to refresh and change uniforms while waiting for their shift duty to begin or end.
(2)

Such shift quarters shall not be used for accommodation and shall not be accessible to visitors or police families and relatives.

[L.N. 208/2020, s. 9.]
CHAPTER 11 – NATIONAL POLICE SERVICE TRAINING INSTITUTIONS

1. Establishment of training institutions

(1)

The Inspector-General may recommend the establishment, management and maintenance of training institutions, centres of excellence or places for the training of officers in service and those joining the Service.
(2)

The Deputy Inspectors-General and the Director of Criminal Investigations shall co-ordinate training in their Institutions, from time-to-time.

2. Inspection of training institutions
(1)

The Independent Policing Oversight Authority may inspect a training institution in accordance with sections 6 (e) and 7 (u) of the Independent Policing Oversight Authority Act, (No. 35 of 2011).
(2)

The Internal Affairs Unit may conduct inspections at any National Police Service Training Institutions to promote uniform standards of discipline and good order in Service.

3. Training institutions

The following are the Training Institutions in the Administration Police Service and their mandates and the training in the institutions shall be conducted in accordance with the approved training curriculum—

(a)

Administration Police Training College;
(b)

Administration Police Driving School;
(c)

Administration Police Law Enforcement School;
(d)

Administration Police Signal School;
(e)

Border Patrol Training School;
(f)

Administration Police Senior Staff College;
(g)

Administration Police Field Training School-Kanyonyo;
(h)

Administration Police Field Training School-Kitui;
(i)

Administration Police Armourers Training School; and
(j)

Administration Police Leadership and Sports Academy.

4. National Police College, Embakasi “A” Campus

The mandate of the National Police College, Embakasi “A” Campus shall be to—

(a)

train staff to highest possible standards of competence and integrity;
(b)

respect human rights and fundamental freedoms and dignity in order to achieve highest standards of professionalism and discipline;
(c)

initiate development of recruits and other staff training curriculum;
(d)

train police recruits;
(e)

train police cadets;
(f)

train and enhance skills for the constables and non-commissioned officers;
(g)

train police officers attending promotional courses;
(h)

conduct applied research in matters pertaining to policing;
(i)

monitor evaluate and review training programs;
(j)

administer recruits and other trainees’ examinations;
(k)

offer police science programs in collaboration with institutions of higher learning;
(l)

manage rehabilitation programmes for police officers;
(m)

training of immigration officers on paramilitary courses;
(n)

offer law enforcement courses to other security or law enforcement support agencies; and
(o)

conduct any other training as may be directed by the Deputy Inspector-General of the Administration Police Service.

5. Administration Police Driving School

The mandate of the Administration Police Driving School shall be to—

(a)

train police drivers to the highest possible standards of professionalism, competence and integrity in driving;
(b)

offer basic driving courses for Police Service drivers;
(c)

offer advanced driving courses for Police Service drivers;
(d)

offer specialized driving courses for Police Service drivers;
(e)

train and test for upgrading of drivers in the Service;
(f)

train drivers on minor mechanical parts of the vehicle;
(g)

undertake continuous monitoring and evaluation of competency of Administration Police drivers;
(h)

initiate research section in relation to road accident involving police vehicles;
(i)

train police officers in fleet management; and
(j)

train police officers in traffic management.

6. Administration police signal school

The mandate of the Administration police signal school shall be to—

(a)

train the Service signallers and operation on communication skills;
(b)

train officers on basic signals and operation on communication skill;
(c)

offer basic signals course for signallers;
(d)

train and test for upgrading of signallers in the Service; and
(e)

undertake continuous monitoring and evaluation of competency of the Administration Police signallers.

7. National Police Service College, Border Police Training Campus

The mandate of the National Police Service College, Border Police Training Campus shall be to—

(a)

train national, regional and international police officers on border security operations and law enforcement and specialized skills;
(b)

train police officers on peace support and conflict management;
(c)

offer basic border security courses to other support security agencies;
(d)

co-ordinate and facilitate marine training with relevant training institutions;
(e)

offer international police senior management course and other agencies on border operations and management;
(f)

offer basic and advanced specialized skills training; and
(g)

train police officers on protection of government property, vital installations and strategic points.

8. National Police Service Senior Staff College, Emali Campus.

The mandate of the National Police Service Senior Staff College, Emali Campus shall be to—

(a)

train senior police officers to the highest standards of professionalism;
(b)

train senior police officers and provide senior management courses for other security and law enforcement agencies to the highest standards of professionalism;
(c)

train senior police officers on mid-level and senior management skills;
(d)

offer police science programs, in collaboration with institutions of higher learning;
(e)

train senior police officers attending promotional courses;
(f)

develop police senior staff training curriculum;
(g)

monitor and evaluate senior staff training programs pertaining to Administration Police;
(h)

set senior staff in-service trainees examinations;
(i)

undertake research on policing matters; and
(j)

manage rehabilitation programmes for police officers.

9. Administration Police Field Training School, Katolongwe.

The mandate of the Administration Police Field Training School, Katolongwe, shall be to—

(a)

offer combat and tactical operation training to the Service;
(b)

offer tactical border patrol operations courses;
(c)

offer basic special to role courses;
(d)

train on combat and tactical courses to specialized units;
(e)

offer training on counter-insurgency and counter terrorism courses;
(f)

offer special operations and exercise planning course; and
(g)

train service armorers.

10. Administration Police Field Training School, Tseikuru

The mandate of the Administration Police Field Training School-Kanyonyo shall be to—

(a)

offer combat and tactical operation training to the Service;
(b)

offer tactical border patrol operations courses;
(c)

offer basic special to role courses;
(d)

train on combat and tactical courses to specialized units;
(e)

offer training on counter-insurgency and counter terrorism courses;
(f)

offer special operations and exercise planning course;
(2)

The following regional training centres shall be under the Administration Police Field Training School, Tseikuru—

(a)

Tana Delta Regional Training Centre;
(b)

Matuga Regional Training Centre; and
(c)

Bungoma Regional Training Centre.

11. Administration Police Armourers School

The mandate of the Administration Police Armourers School shall be—

(a)

to train police armourers and Arms technicians to the highest possible standards of professionalism, competence and integrity;
(b)

to train armourers, arms technicians and skills at arms instructors on—
(i)

arms use and management;
(ii)

arms inspection procedures;
(iii)

small arms general principles and troubleshooting;
(iv)

light weapons, support weapons and vehicle mounted weapon systems;
(v)

arms service workshop tools and technology;
(vi)

arms maintenance and repair procedures and adjustments; and
(vii)

barrel stampings and serial number structure;
(c)

to administer recruits and other trainee’s examinations;
(d)

to initiate development training curriculum; and
(e)

to monitor, evaluate and review training programs.

12. Administration Police Armourers Training School
(1)

The Administration Police Leadership and Sports School shall be established as a national outdoor leadership school for the National Police Service.
(2)

The Deputy Inspector-General of the Administration Police Leadership and Sports School shall facilitate and accord access to the facility other security agencies to undertake training.
(3)

The mandate of the Administration National Police Leadership and Sports College shall be to—

(a)

train police officers and other organisations in functional leadership and management;
(b)

research and development in the field of experiential training;
(c)

examine and accredit trainees and outdoor instructors;
(d)

develop an outdoor curriculum and instructions modules for standard training, in line with Kenya Institute of Curriculum Development (KICD) Guidelines;
(e)

build partnerships with institutions of higher learning in outdoor leadership and management;
(f)

prepare training budget and approve training request forwarded for training; and
(g)

undertake any training as shall be approved by the Deputy Inspector-General, Administration Police Service.

13. Anti-Stock Theft Training School, Gilgil.

The mandate of the Anti-Stock Theft Training School, Gilgil shall be to—

(a)

train officers to the highest standard of professionalism, competency and integrity;
(b)

train police officers undergoing performance enhancement courses;
(c)

develop a training curriculum;
(d)

evaluate training programmes and syllabi;
(e)

enhancing capacity of police officers in all fields of specialized training;
(f)

train police officers on stock-theft investigations;
(g)

develop curriculum and instruction modules on combating cattle rustling and banditry;
(h)

training of horses;
(i)

training of horse riders;
(j)

breeding camel;
(k)

training camel riders; and
(l)

training camels.

14. Administration Police School of Music

The Administration Police Service School of Music shall—

(a)

train the Administration Police Band personnel to the highest standards;
(b)

offer music training programs to Administration Police Band personnel;
(c)

offer basic and advanced music classes;
(d)

equip the Administration Police Band with skills on playing professional musical instruments;
(e)

engage the public on crime management through music; and
(f)

collaborate with higher learning institutions on matters of music.

15. Kenya Police Driving School.

The mandate of the Kenya Police Driving School shall be to—

(a)

train police drivers to the highest possible standards of competence and integrity;
(b)

offer basic driving course for police drivers;
(c)

train and test for upgrading of drivers currently in service;
(d)

train drivers on minor mechanical parts of the vehicle;
(e)

continuously monitor and evaluate the competency of drivers; and
(f)

form a driving research section in relation to road accident within the police.

16. Kenya Police Signal School.

The mandate of the Kenya Police Signal School shall be to—

(a)

train Service Signallers and operation communication skills;
(b)

offer basic Signals course for signallers;
(c)

train and test for upgrading of signallers in Service; and
(d)

continuously monitor and evaluate the competency of Kenya Police Service signallers.

17. National Police Senior Staff College, Loresho Campus.

The mandate of the National Police Staff College, Loresho Campus shall be to—

(a)

train staff to the highest possible standards of competence and integrity and to respect human right and dignity as provided for under Article 244 (d) of the Constitution;
(b)

enhance the capacity of police officers in all field of policing;
(c)

research on policing techniques;
(d)

initiate the development and evaluation of a training curriculum;
(e)

incorporate all contemporary technologies in policing;
(f)

provide senior officers leadership and command training;
(g)

set senior staff in-service trainees examinations;
(h)

undertake research on policing matters; and
(i)

manage rehabilitation programmes for police officers.

18. National Police College, Kiganjo Campus.

(1)

The mandate of the Kenya National Police College, Kiganjo Campus shall be to—

(a)

train staff to the highest possible standards of competence and integrity and to respect human right and dignity as provided for under Article 244 (d) of the Constitution;
(b)

train police recruits;
(c)

train police officers attending promotional courses;
(d)

train police officers attending performance enhancement courses;
(e)

train police Cadets;
(f)

train police Superintendent (Higher Training Course);
(g)

train supervisory and Senior Supervisory courses;
(h)

follow-up programs (post training evaluation);
(i)

set and mark gazetted officers’ examinations;
(j)

set and mark police law examination;
(k)

set and mark Kenya Police Service English Literacy Examination;
(l)

develop training curriculum;
(m)

evaluate training programmes and syllabi;
(n)

offer police science programs in collaboration with institutions of higher learning;
(o)

manage rehabilitation programmes for police officers; and
(p)

establish, manage and utilize the existing satellite training centres in the counties for use by the Service.
(2)

The following training institutions are under National Police College, Kiganjo Campus—

(a)

Railway Training Centre - Makindu;
(b)

Traffic Training School - Ngong;
(c)

Regional Training Centre Mombasa;
(d)

Regional Training Centre Garissa;
(e)

Regional Training Centre Ruringu;
(f)

Regional Training Centre Embu;
(g)

Regional Training Centre Kimilili;
(h)

Regional Training Centre Nakuru;
(i)

Regional Training Centre Kisumu; and
(j)

Regional Training Center Nairobi (Mathare).

19. National Police College, Embakasi “B” Campus.
(1)

The mandate of the National Police College, Embakasi “B” Campus shall be to—

(a)

train staff to the highest possible standard of competency and integrity and to respect human rights and fundamental freedoms and dignity;
(b)

offer basic training to General Service Unit recruits;
(c)

offer promotional courses to General Service Unit officers;
(d)

review General Service Unit training curriculum;
(e)

offer capacity building to General Service Unit personnel;
(f)

be a research centre for emerging crimes;
(g)

be a liaison centre with other training institutions;
(h)

offer police science programs in collaboration with institutions of higher learning;
(i)

manage rehabilitation programmes for police officers; and
(j)

establish, manage and utilize the existing satellite training centres in the counties for use by the Service.
(2)

The National Police College, Magadi Campus is under National Police College, Embakasi “B” Campus.
(3)

The Mandate of the National Police College, Magadi field Campus shall be to—

(a)

to train officers to the highest standards of professionalism, competency and integrity in operational Policing;
(b)

offer basic Para-military training to GSU recruits;
(c)

offer operational command and leadership training to GSU officers;
(d)

offer range work training and practices to police officers;
(e)

offer advanced combat and tactical operational training to GSU Officers;
(f)

train on exercise, planning and multi-agency approaches to policing;
(g)

train on team work within the GSU companies, platoons and paramilitary;
(h)

offer Standardization Courses for GSU companies;
(i)

offer Command and leadership training to the security agencies;
(j)

offer specialized training to other security agencies; and offer any other training as may be directed by the Inspector-General- NPS from time to time.

20. National Criminal Investigations Academy

The mandate of the National Criminal Investigations Academy shall be to—

(a)

train officers to the highest standard of professionalism, competency and integrity;
(b)

develop relevant criminal investigation courses and programmes for the academy, police institutions and other Government agencies;
(c)

offer training on Criminal investigations to DCI officers;
(d)

offer criminal investigation programmes to police officers and other government institutions on request;
(e)

be a Research Centre on Criminal Investigations and other government officers;
(f)

offer financial management courses to officers attending Courses;
(g)

offer training on peace support operation related courses;
(h)

offer police science programs in collaboration with institutions of higher learning; and
(i)

manage rehabilitation programmes for police officers.

[L.N. 208/2020, s. 10.]
CHAPTER 12 – COUNTY POLICING AUTHORITY

1. Establishment of the County Policing Authority

There shall be established a County Policing Authority in respect of each county as set out in section 41 of the National Police Service Act (Cap. 84).

2. Chairperson

The Authority shall be chaired by the Governor or a member of the County Executive Committee appointed by the Governor.

3. Composition of the Authority

The Authority shall comprise of—

(a)

the Governor or a member of the County Executive Committee appointed by the Governor;
(b)

a representative of the National Intelligent Service;
(c)

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;
(d)

two elected members nominated by the County Assembly;
(e)

the chairperson of the County Security Committee;
(f)

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.

4. Recruitment of members of Authority

The members of the Authority shall be recruited in accordance with the procedure set out under section 41 of the National Police Service Act (Cap. 84).

5. County Policing Guidelines

Nomination, appointment, removal from office, vacancy of office and filling of vacancy of members of the Authority shall be in accordance with the guidelines issued and published by the Cabinet Secretary.

6. Functions of the Authority

(1)

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 oversight of the budget of the funds of the County Policing Authority;
(f)

provide feedback on performance of the Police Service at the County level;
(g)

provide a platform through which the public participates on the all aspects relation to County Policing;
(h)

ensure policing accountability to the public;
(i)

receive reports from Community Policing Forums and Committees; and
(j)

ensure compliance with the national policing standards.
(2)

In the event of any conflict between the Authority and other office in the county, the matter shall be referred to the Inspector- General for direction.

7. Role of County Policing Authority in Community Policing

The role of County Policing Authority in Community Policing shall be in accordance with Section 97 of the National Police Service Act (Cap. 84).

8. Reports of the Authority

Every Authority shall prepare, publicize and submit quarterly reports to the Inspector-General, Cabinet Secretary, County Assembly and Governor accounting for the status and progress on each of the functions with which it is charged, and the impediments to the performance of those functions in accordance with section 41 of the National Police Service Act (Cap. 84).

9. Secretary to the Authority

The members of the Authority shall in their first meeting elect one from their number to serve as Secretary to the Authority.

10. Meeting of the Authorities
(1)

Every County Policing 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 half of the total members.

11. Payment of allowances

Members of the Authority, irrespective of their County, shall be paid such allowances as may be determined from time to time by the Cabinet Secretary and in accordance with the Payment of Allowance Rules published in the Gazette in accordance with the provisions of section 43 of the National Police Service Act (Cap. 84).

Introduction

The Orders under this Part will serve as guidelines for Members of the Service. They are, however, not designed to supersede the laws of the Country nor good judgment. When a police officer acts reasonably, in good faith and in the best interests of all concerned, the officer’s judgment will be upheld; if the officer acts otherwise, that officer shall be subject to disciplinary process. A police officer shall always act in accordance to these guidelines and when in doubt may seek the guidance of his/her seniors.

Advisory Committee on Service Standing Orders

All members of the Service are encouraged to offer suggestions for additions, revisions or improvement to Orders. The following procedure will be followed in the development, alteration and maintenance of the Service Standing Orders.

The Inspector-General may appoint an Advisory Committee to review any Order. The Committee shall be representative of the various entities of the Service and will act to offer advice to the Inspector-General on matters of the Order(s) in question.

The heads of various entities of the Service shall be responsible for initiating the review and development of various Orders relevant to their functions. The heads of various entities may submit their proposals to the Advisory Committee. They will also be responsible for developing all Operational Manuals in line with Service Standing Orders. The Advisory Committee shall review proposed changes in Order(s) as well as continually review existing Orders.

Public Participation in Development and Review of Service Standing Orders

Members of the Service having suggestions for, or concerns with particular Orders and/or Operational Manuals may make or submit their suggestions or concerns in writing to the Head of Entity or directly to the chairperson of the Advisory Committee. The suggestion or concern may include an explanation of the problem, a proposed solution and all available information relevant to the suggestion or concern. Upon receipt of such suggestions the Head of Entity shall prepare submissions/recommendations to the Advisory Committee.

The Advisory Committee shall take reasonable steps to enlist participation of members of the public and other police officers in the process of development and/or review of Service Standing Orders. The Advisory Committee may solicit and consider comments from police officers as well as those outside the Service. The Committee shall develop a draft Order or modification of existing Order. The draft will be reviewed by the Inspector-General before being issued in accordance with the law.

Maintenance and Distribution of Orders, Regulations and Operational Manuals

The Inspector-General shall issue Orders in accordance with Section 10(1)(r) of the National Police Service Act (Cap. 84). The Orders shall be made available to each serving police officer and wherever possible be accessible to the public. Service Standing Orders, issued in the Service is as follows:—

(i) Service Standing Orders are those which affect the Service as a whole. County/Formation Standing Orders are those which the County Commanders may issue at his/her discretion in accordance with the policy laid down in Service Standing Orders, which may be required to meet the specific needs of that County/Formation.
(ii) Sub-County Standing Orders are those which the Sub-County Commanders may issue at his/her own discretion in accordance with the policy laid down in Service County/Formation Standing Orders, but which may be required to meet the specific needs of that Sub-County.
(iii) Ward/Post/Unit/Station Standing Orders are those which are required in respect of matters peculiar to the individual Station/Unit/Post/Ward and which are not the subject of any other Standing Orders. Officer-in-Charge in respect of post/station/ward(s) may also issue Standing Orders in respect of police post(s) under their command where such are necessary. Such Orders shall be consistent with the provisions of this Service Standing Orders.

As a general principle—

(a)

County/Formation, Sub-County or Station Standing Orders should be issued to all subordinate Units in the Command.
(b)

Comprehensive Standing Orders shall be issued on the following:—

(i) alarm and Fire orders;
(ii) patrol and Beat;
(iii) duties of Report Office, Staff and sentries;
(iv) parades and Lectures;
(v) duties peculiar to the formation such as those relating to High Court sessions, traffic control;
(vi) any other instructions of a permanent nature appertaining to police duties and administration not covered by instruction of higher authority.
(c)

All Police Station Standing Orders must be approved by the heads of the National Police Service at the County and the Directorate of Criminal Investigations at the Sub-County.
(d)

Alarm and Fire orders will include precise instructions on place(s) of assembly and individual and general duties in the event of an alarm. Fire orders will contain details of the location of fire-fighting appliances, electrical mains and switches. Practice alarms will be held frequently by day or night.
(e)

Formation Standing Orders will frequently be reviewed by the Commanders to ensure that they conform to conditions as at the time of review.
(f)

Inspecting Officers will ensure that up-to-date Standing Orders are in existence and that all personnel are acquainted with them.

Review and Revisions of Orders including Operational Manuals

Outdated or inadequate Orders including Operational Manuals shall be brought to the attention of the head of entity or officer commanding the affected entity. The head of such entity shall be responsible for notifying police officers of new or revised Orders including Operational Manuals. All police officers shall, upon notification, be responsible for implementing the Service Standing Orders or Operational Manuals.

National Police Service Standing Orders and accompanying Operational Manuals

Each entity within the National Police Service shall receive an initial issue of the National Police Service Standing Orders including accompanying Operational Manuals. The heads of these entities shall be responsible for updating their copy of the Service Standing Orders as from time to time issued by the Inspector-General. The Standing Orders shall be made available on the National Police Service intranet and website.
CHAPTER 13 – NATIONAL POLICE SERVICE AIRWING

1. The National Police Service Air wing

(1)

The National Police Service Air Wing shall—

(a)

be allocated the call sign "5YQ" and VHF frequency 128.1 MHz which shall be the company frequency for air to ground communication and HF 5254 KHz frequency connecting to the National Police Service communication network;
(b)

consist of an approved establishment of police officers, which may reviewed from time to time by the National Police Service Commission;
(c)

consist of an approved aircraft establishment of rotary-wing and fixed-wing aircraft fleet which shall be subject to variation from time to time at the discretion of the Inspector General;
(d)

contain details of aircraft fleet as provided in the National Police Service Air wing Operations Manual; and
(e)

consider the safety of Navigation of civil aircraft in accordance with the existing laws.
(2)

The police aircraft shall be registered by the Kenya Civil Aviation Authority and assigned nationality prefix "5Y-" and an aircraft registration, such as 5Y-COP, and the police aircraft operations shall comply with the Kenya Civil Aviation Regulations and the Air wing Operations Manual.
(3)

A police aircraft, in the Air Wing, shall be fitted with VHF, HF, RT, ELT and other appropriate equipment for purposes of navigation, air traffic control and police communication.

2. Responsibility of a pilot
(1)

A police aircraft shall be flown by an Air wing crew.
(2)

An Air wing pilot shall before flying a police aircraft—

(a)

obtain written authority from the Director to fly as an Air wing crew in accordance with the existing laws; and
(b)

ensure that the aircraft is licensed to fly.
(3)

An Air wing pilot shall not fly a police aircraft in command unless authorized by the Director to do so.
(4)

Subparagraphs (2) and (3) shall not apply where—

(a)

the pilot is under training, licensed and authorized to fly as a pilot under supervision;
(b)

a pilot authorized by the Director for purposes of training or testing police aircraft or pilots in accordance with the Civil Aviation Regulations, Service Operations Manual and Orders; or
(c)

the maintenance crew are licensed or authorized to undertake ground test or runs in accordance with maintenance programme.
(5)

An Air Wing pilot shall not give flying instructions in the police aircraft to persons other than the Air wing crew.
(6)

For safety purposes, the pilot in command of an aircraft shall be directly responsible and shall be the final authority in the operation of a police aircraft in accordance with the Regulations, National Police Service Air wing Operations Manual and Orders.
(7)

A pilot in command may be exempted from the provisions in paragraph (6) in the interests of safety to the extent necessary to avoid imminent danger or in an emergency situation.
(8)

A pilot in command—

(a)

shall not take flying instructions from passengers regardless of their rank and status;
(b)

shall ensure that any passenger carried is authorized to take the flight and the pilot may refuse to admit anyone who is not authorized to be in the flight;
(c)

may refuse to carry persons whom the pilot reasonably believes to be intoxicated or who might endanger the safety of the aircraft; and
(d)

shall ensure passengers do not interfere with or handle the aircraft controls.
(9)

A pilot on duty shall be dressed in accordance with the Air wing dress code.

4. Authorized persons

Only authorized persons as specified in the Regulations, Pilot Orders and National Police Service Air Wing Operations Manual shall travel in police aircraft

5. Air to ground communication
(1)

While operating in bushy forest or other remote areas the following may be considered—

(a)

using ground communications;
(b)

contact ground police officers in their areas of patrols and provide them with accurate map references and act as a radio relay station between the officers and their headquarters;
(c)

the operation’s commander, with the support of an aircraft, may establish a two-way communication, pass and receive vital information to ground personnel;
(d)

ground police officers, such as Anti-Stock Theft Unit, shall be supplied with vehicle-borne very high frequency (VHF) sets or pack sets and the frequency of the equipment as well as operating information shall be notified to the relevant officers; and
(e)

when following tracks across difficult terrain, it is shall be advisable to seek direction from an aircraft to ensure the pilot has a better aerial view over a wide region and give advice as to the most suitable route to follow.
(2)

Where an aircraft is flying overhead to ground police officers in a combat situation, necessary techniques shall be employed to avoid giving away the position of the officers on the ground.

6. Night reconnaissance
(1)

Night reconnaissance may be used in locating camps, hide outs, settlements by either light or smoke from fires.
(2)

Night reconnaissance shall only be used to confirm information and flights shall be arranged such that the same area is not flown over more than once a fortnight.
(3)

Night reconnaissance shall be carried out during a moon period in a dark night and the only means of locating a fire shall be by taking cross bearings which may produce inaccurate results.

7. Visual reconnaissance
(1)

Ground commanders may use visual reconnaissance in—

(a)

planning and executing operations;
(b)

locating and tracing stolen livestock;
(c)

support of police operations including riots and civil disturbances, evacuations, tracking stolen vehicles, anti-smuggling, anti-poaching among others;
(d)

any other purpose as the ground commander may authorize; and
(e)

flying over patrol area and seeing the patrol area before going out.
(2)

The rotary-wing aircraft shall be used in visual reconnaissance operations.

8. Request for an aircraft
(1)

An authorized officer may, through the National Police Service Air wing Operations Room request the Director for an aircraft.
(2)

A request made under h (1), may be submitted in the form of—

(a)

a signal;
(b)

in writing; or
(c)

a telephone call to the office of the Inspector-General and the Director, National Police Service Air wing which request shall be in accordance with the procedure of communication in the Service.
(3)

Before a person requests for an aircraft in accordance with these Standing Orders, the person shall be acquainted with these Standing Orders.
(4)

A police trainee shall be trained on the provisions of these Standing Orders.

9. Casualty evacuations
(1)

The following requirements shall be complied with, in casualty evacuation—

(a)

all casualty evacuations shall at all times be accompanied by a qualified medical practitioner;
(b)

the only exception to this Order shall be in the event of the pilot being provided with a certificate signed by a qualified medical practitioner, stating the patient is fit to undertake the flight without an attendant;
(c)

in instances where a call for casualty evacuation is made, the following information shall be supplied—

(i) the name, race, gender and nationality of the casualty;
(ii) the place, date and time the casualty shall be available for the airlift, and the map reference shall be states where necessary;
(iii) the place and hospital the casualty shall be taken and the map reference shall be stated, if necessary;
(iv) the condition of the casualty, whether capable of sitting or should be on a stretcher and the nature of injuries whether head injuries, fractured limbs or other illness; and
(v) the details of any special equipment required such as portable oxygen or blood.
(2)

Despite the instructions provided under paragraph (1), a pilot who is on the spot where an emergency casualty evacuation is required shall, use their discretion in evacuating the casualty without qualified medical attendance.

10. Emergency operation
(1)

A pilot who is locating or tracing stolen livestock shall be furnished with information relating to the—

(a)

date and time of the commission of the theft;
(b)

number and general description of the stolen livestock;
(c)

map reference, six figures if possible, of place the where the livestock were stolen;
(d)

approximate or known direction taken by the rustlers and the livestock;
(e)

approximate or known community, ethnicity or nationality of the rustlers; and
(f)

any other information that may be relevant for the operation.
(2)

The information relating to the location of stolen livestock furnished to the pilot shall be frequently updated depending on change of location to facilitate the effective tracing and locating of the stolen livestock.

11. Communication flights
(1)

For purposes of communication flight, the following procedure shall be used—

(a)

all requests, whether for carriage of mail, passenger or freight, shall be made to the Director, in writing, giving a notice of at least seventy two hours to the date of the flight and where radio or telephone requests are made, it shall be confirmed in writing;
(b)

in utilizing an aircraft for communication flight, the requesting officer shall plan the flight in advance, in consultation with the Director for the purpose of efficiency and effectiveness;
(c)

the carriage of civilians or relatives of officers is prohibited except with the express permission of the Director or the Inspector-General;
(d)

a request for an operational flight shall be relayed to the Director by the fastest means in the form provided in the National Police Service Air wing Operations Manual; and
(e)

when calling for air support, it is essential that the network in which the ground officers are operating be indicated so that the pilot may select the correct frequency.
(2)

For purposes of communication flight, the following communication procedures shall be followed—

(a)

immediately the aircraft is heard, radio sets shall be switched on and a listening watch maintained;
(b)

the aircraft shall then call the ground officers;
(c)

once a two-way communication is established, information shall be passed at dictation speed and such information shall be relayed as numbers and map references and repeated, if the ground officers are in thick forest; and
(d)

the pilot may ask the officers to light a fire producing red, blue or green smoke, if no coloured smoke is available, a small smoky fire may be lit.
(3)

The following procedure shall be adopted when two-way communication has not been established—

(a)

if an aircraft is not receiving communication, smoke shall be used and the aircraft shall circle the position;
(b)

the aircraft shall communicate by dropping messages and replies shall be made through visual signals;
(c)

when the ground station cannot receive communications, but can transmit, the aircraft shall be directed overhead and information passed and the aircraft shall acknowledge communication by waggling its wings or by dropping messages.
(4)

Where ground officers are in contact with fugitives, and it is believed the aircraft may give away their position, the pilot shall be informed by the ground officers, and the ground officers shall then climb away from the ground position and at the time the ground officers are ready to pass a message, the fugitive shall fly over very slowly and accept the message and having completed the contact, the fugitive shall if necessary, carry out diversionary flying some distance away.
(5)

While in choosing a dropping zone, a pilot shall not choose a deep valley surrounded by high trees.
(6)

A dropping zone for free drops shall measure not less than 100 metres by 25 metres and situated on the top of a ridge, clear of high trees and where it is not possible to find a satisfactory clearing the bottom of valleys shall be preferred and in cases, where the pilot cannot make a drop in a selected area, a suitable site close to the pilot’s position shall be determined.
(7)

Dropping zones shall be clearly marked by using marking strips or suitable materials such as sheets, towels, and clothing material, laid out in the form of a letter "T" facing into the direction of the prevailing wind, in order to save time.

12. Dropping zone rules

The rules governing dropping zones are—

(a)

immediately the aircraft is contacted and directed overhead, smoke shall be continuously produced on the Dropping Zone and in thick bush terrain, until the drop has been completed;
(b)

on arrival of the aircraft overhead, all police officers shall keep clear of the Dropping Zone and officers shall be stationed at the side to observe where the packages fall since serious or fatal injury may result from non observance of this instruction;
(c)

when the ground officers are ready, the ground officers shall call and inform the pilot that the Dropping Zone is clear and the pilot shall subsequently inform them of the number of packages to be dropped and commence dropping; and
(d)

to assist the pilot, the arrival of each package shall be confirmed and be informed of any error in order to make corrections.
CHAPTER 14 – ARMS AND AMMUNITION

1. Scale of issue

(1)

All arms and ammunition shall be held on charge, against the personnel establishment and strength as laid down in Operational Manual at Appendix 14(a) and Appendix 14(e) for the respective services.
(2)

The scale of issue shall not be varied without the approval of the respective Deputy Inspectors-General or Director, Directorate of Criminal Investigation.
(3)

Extra supplies of arms and ammunition in the Service shall be—

(a)

retained in an armory, safes and steel box within each designated police premises;
(b)

stored in a locked temperature-controlled location; and
(c)

accessible to the officers on duty for use when necessary.

2. Improper use of arms and ammunition
(1)

Every police arms and ammunition shall only be used in—

(a)

the lawful execution of duty;
(b)

official training; or
(c)

range practices.
(2)

A police officer shall not use police arms and ammunition for private purposes.

3. Care and maintenance of issued arms and ammunition
(1)

Every police officers shall be personally responsible for safe custody, care, maintenance, and cleaning of any issued arms and ammunition.
(2)

The Officers-in-Charge of various designated police premises shall ensure—

(a)

all arms held on charge are regularly cleaned and inspected;
(b)

weapons not in constant use are kept lightly oiled, clean and examined weekly; and
(c)

weapons in constant use are cleaned and examined daily.
(3)

Immediately a weapon is fired during practice, the police officer in possession of the weapon shall ensure it is thoroughly cleaned and oiled by exceptional use of regulation flannelette and oil and gauze when expressly authorized by the armory staff.

4. Police arms not to be loaned

Except with written permission of the Inspector-General, no police arms or ammunition shall be loaned to non police persons or bodies.

5. Safe custody of arms and armory security
(1)

Arms and ammunition which are not in the physical possession of a police officer shall be kept in a police armory and safe boxes.
(2)

All Arms held in armories shall be chained in the rifle racks, locked and secured in strong boxes.

6. Storage of arms and ammunition

Arms and ammunition shall only be stored at police premises and be under constant guard.

7. Safe custody of weapons where no armory exist
(1)

Where a permanent armory is not available, at police posts, patrol bases, outposts and other units arms shall be chained in a rifle rack and firmly secured by padlock to a concrete base in a room used as an office under twenty four hour guard.
(2)

Ammunition and pistols shall be secured in an immovable locked steel armory box.

8. Armory keys
(1)

Two keys for each lock or padlock shall be used for securing armories, rifle racks and strong steel boxes containing arms and ammunition.
(2)

The Officer in Charge of the police establishment shall have one set of the armory keys for each lock under whose direct command such armory or safe box falls and senior officer at the station, post, unit or outposts not below the rank of corporal shall have the second set of the keys.
(4)

The senior officer referred to in subparagraph (1) shall be responsible for the armory, maintenance of armory records and proper issue and receipt of all arms and ammunition.
(5)

In the case of locks for ammunition, one key shall be kept by the Officer-in-Charge and the other key by the next most senior officer in rank.

9. Custody of arms and ammunition where storage is impossible

Where it is not possible for police officers to store arms and ammunition in accordance with this Chapter, the following provisions shall apply—

(a)

the arms and ammunition shall remain in the physical possession of police officers or special security arrangements shall be made by the senior officer available;
(b)

ammunition shall be sealed in boxes and each box shall contain a certificate bearing the caliber, the number of rounds, the date of check and sealing and be signed by the officer on whose charge it is and the ammunition shall be checked and resealed by the incoming officer on each handover or takeover of the police establishment;
(c)

small quantity of each caliber necessary for daily issue, may be held in an unsealed box at the discretion of Officer-in-Charge of the police establishment;
(d)

both the sealed boxes and the ammunition for daily issue shall be kept locked in the strong steel box within the armory or in accordance with paragraph 7 of this chapter; and
(e)

bulk quantity of ammunition in sealed cases shall be stored off the ground to permit the circulation of air to prevent deterioration by damp.

10. Loaded magazine

In order to ease the springs of loaded automatic weapon magazines, the magazines shall be emptied once per week and the ammunition transferred to spare magazines.

11. Issuing of ammunition
(1)

The police officer in charge of issuing ammunition shall ensure that the issuing of ammunition to police officers are made from the oldest stock.
(2)

The Armoirers’ circuit teams shall check the year of issue of all ammunitions, tear gas canisters, grenades and other items during their arms inspection.
(3)

Any ammunition, tear gas canisters, grenades and other items found to be out of date shall be reported to the respective Sub-County Commander/Formation/County Commander and the respective Chief Service Armoirer without undue delay, shall arrange for the replacement of such ammunition and for its disposal.
(4)

The normal life span of ammunition is ten to fifteen years and a tear gas canister and grenade is three years.

12. Safe custody

When proceeding on leave or duty, and a firearm is not necessary, an officer having personal charge of a firearm or ammunition shall return such firearm in a police armory for safe custody.

13. Carrying firearms in duty
(1)

A police officer on duty, in custody of a firearm or ammunition, shall—

(a)

carry a revolver or an automatic pistol safely secured in a holster to the person with a lanyard, unless where the circumstances require the police officer to retain possession of a firearm whilst asleep, they shall take all possible precautions to prevent it from being stolen;
(b)

while in plain clothes or on special duty, officers shall holster their weapons underneath their jackets or shoulders, but pistols and revolvers shall not be carried in the pockets of coats or trousers; and
(c)

carry their Certificate of Appointment.
(2)

Fire-arms shall only be carried when the nature of duty to be performed demands.
(3)

In all instances the quantity and type of weapons and the number of police officers detailed for the duty shall berecorded such as to ensure there is no danger of loss or misuse.

14. Construction and situation of armories
(1)

All Officers-in-Charge of police premises shall ensure armories are as secure as possible against break-in attacks.
(2)

The Service shall take into account the following essential features in constructing armories—

(a)

walls shall be constructed of brick, stone or concrete;
(b)

non-inflammable burglar proof roofs;
(c)

steel ventilators instead of windows; and
(d)

only one access door with two separate locks reinforced with sheet metal of at least 1/8" (0.125cm.) thickness.
(3)

Armories shall be accessed only from an office manned and guarded on a twenty four hour basis.
(4)

Where armories already constructed are provided with access through another office within the station building, such access shall be considered satisfactory.

15. Arms movement register
(1)

Every armory shall keep an arms movement register where all movements of arms and ammunition shall be entered.
(2)

All entries in the arms movement register shall be made by the Officer-in-Charge of the armory at the time of transaction and any person removing a weapon or ammunition shall sign or thumb-print the entry and the return of weapons signed by the Officer-in-Charge of the armory.
(3)

The Armory Register shall take the format laid down in the Operational Manual and shall also be in electronic format—

Dateand time of issue

Typeand register number of weapon

Typeand quantity of ammunition

Issuedto

Signatureor thumb print

Dateand time of return

Signatureof Officer-in- Charge armory

Signatureof a firearm returning officer

(4)

The respective Chief Service armoirer shall design a special metal disc to be issued to police officers for purposes of drawing arms from police armory.
(5)

The disc shall bear the officers Service numbers, and be surrendered to the Officer-in-Charge of the armory when drawing the arm. The disc shall be returned to the owner after returning the firearm to the armory.

16. Daily Strength Disposition Board

The Daily Strength Disposition Board shall be in the form provided in the Operational Manual and electronic format. It shall be maintained in the armory showing the total arms and ammunition held on charge and on deposit.

In armory

On guard patrol

With Armourer

Other duties

Total on charge

Ammunition held

Riffle.303

Riffle 7.62mm

Riffle.22

GPMG

S.M.G .9mm

Auto pistols 9mm

Auto pistols others

Pistols Signal

Revolver.38

Revolver .32

L.M.G .303

M16

M60

HK11

HK21

AK47

AK56

L1A1

L.M.G 7.62mm

LMG 7.62/558

Riot Gun

SMG MP5

SMM PARTCHET

(Tear gas)

Mortars

Bayonet C/W scabbards

Civilian_Riffles

Civilian Pistols/Revolvers

17. Armory handing over

Before armory keys are taken over, the incoming armory officer, shall personally count the arms and ammunition and ensure the total of arms and ammunition both present in the armory and removed for duty purposes are correct in accordance with Arms Movement Register.

18. Daily check of arms at Station, Post and Units

The Officer-in-Charge of police premises having arms and ammunition under their charge shall personally check such arms and ammunition on a daily basis and the Officer in Charge shall then bring the strength and disposition board up to date and complete the appropriate Form (P139), affix it in the Occurrence Book (O.B.) as evidence that the Officer in Charge has personally counted arms and ammunition.

19. Loss of fire arms or ammunition
(1)

In the case of loss of a firearm or ammunition, it shall be reported immediately to the Officer-in-Charge of the nearest Police Station.
(2)

After a report of loss of firearm is made pursuant to subparagraph (1), the Officer-in-Charge shall immediately cause to be investigated the circumstances for such loss and endeavor to recover the lost items.
(3)

Whether recovered or not, The Officer In Charge shall undertake an inquiry for such loss and a copy of the inquiry file submitted to the respective Service Headquarters through the County, Formation Commander and the Central Firearms Bureau within ten days of discovery of the loss.

20. Accounting of arms
(1)

All arms shall be held on Divisional, Sub-County Ledger charge by weapon, types and totals of each type and in the Arms Register (G.P.87) by registered weapon numbers.
(2)

All arms issued from the Sub-County Ledger to non-accounting police premises shall be recorded in the Arms Register (G.P.87) only by registered numbers and ammunition by caliber and totals.
(3)

Arms and ammunition shall not be included in the station inventory and any additional accessories shall be recorded in the Inventory Book.

21. Arms record

The respective Chief Service Armoirer shall keep an up to date record of the location of all arms and this shall be maintained by the Arms Records Section, Service Headquarters, by means of the quarterly Arms Returns from Formations or Sub-County and the Annual Arms Census.

22. Transfer of arms
(1)

The transfer of arms between County or Formations shall take place after lawful authority is obtained from the respective Deputy Inspectors General or the Director, Directorate of Criminal Investigation.
(2)

The County or Formation Headquarters may authorize inter Sub-County transfers within the County, and details of such transactions shall be forwarded to respective Service Headquarters for information of the Arms Records Section and the Chief Service Armoirer at the time the transfer takes place.

23. Indents for arms and ammunition
(1)

Indents for arms and ammunition shall be forwarded to the respective Deputy Inspector General or the Director, Directorate of Criminal Investigation for approval.
(2)

Details of which shall be submitted to the central Firearms Bureau.
(3)

All demands shall be endorsed as follows—

(a)

authority for demand;
(b)

authorized establishment and current holding of the items demanded;
(c)

unit demand number and date;
(d)

correct nomenclature and vocabulary number of the items; and
(e)

signature of the Officer-in-Charge of the demanding police premises.
(4)

Indents for increase in fire arms or ammunition shall be signed by the County or Formation Commander in person.
(5)

Requests for arms in excess of the authorized holding either for temporary or permanent issue shall be submitted directly to the Deputy Inspector-General or the Director, Directorate of Criminal Investigation by County or Formation Commander.

24. Repair of fire arms

The inspection and repair of police fire arms shall be carried out by the respective Service Armoirers.

25. Ammunition issues and write offs
(1)

The issue and write off of ammunition shall be conducted as follows—

(a)

ammunition shall be taken on ledger charge by accounting units (Formation/Sub-County Headquarters) and issued to stations and individual officers as strictly required within the scale laid down;
(b)

ammunition held at all police premises shall be accounted for only in the Arms Register (G.P.87);
(c)

the Arms Register shall be divided into two Sections; one section for fire arms and the other section for ammunition by types or calibers;
(d)

one page shall be used for each type of ammunition and the column headings of form G. P. 87 shall be amended to read as follows—

Receipts

Issue

Stock

Blankcolumn

Date of receipt

From Whom Received

Relevant issuenot or file

Date ofissue

To whom issued

(e)

any ammunition issued to individual officers for specific duties shall be withdrawn from them immediately after completion of such duties;
(f)

any ammunition issued on a semi-permanent basis, shall be physically checked by the Officer-in-Charge;
(g)

ammunition expended as authorized shall be written off the Sub-County Ledger by means of a Certificate Issue Voucher supported in due course by a copy of Form P. 111 "application to strike off ammunition expended or lost". Form P.111 shall be forwarded in duplicate to the respective Chief Service Armoirer as soon as possible after it is expended within thirty days;
(h)

Form P.111—

(i) a separate Form P.111 shall be submitted for the write-off of tear gas grenades and cartridge tear gas soon as soon as is practicable after expenditure, and within three working days;
(ii) the unit establishment and stock figures of tear gas grenades and cartridges of all types shall also be entered in the body of Form P.111 as shown in hereunder

26. Disposal of empty catridge cases

The Service shall undertake the disposal of empty cartridge cases in the following manner—

(a)

expended cartridge cases shall be recovered whenever possible and taken on ledger charge by counties under the heading "Cartridges Cases-Fired (Scrap Brass) Kilos". If a sufficient amount is accumulated it shall be voucher over to the respective Chief Service Armourer and forwarded under escort. The voucher shall be endorsed "Certified no live or misfired ammunition is included in this consignment";
(b)

misfired cartridges shall be retaken on ledger charge under the heading "Misfired Cartridges" and forwarded to the respective Chief Service Armourer under escort and misfired cartridges shall not be mixed with live cartridges; and
(c)

except as authorized in this paragraph, counties shall not dispose of recovered expended cartridge cases or misfired cartridges.

27. Blank, drill or dummy ammunition
(1)

Blank, dril or dummy ammunition shall be kept in separate boxes separate from live ammunition and such boxes shall be clearly marked to distinguish them from boxes containing live ammunition.
(2)

Dummy or drill ammunition shall only be carried out by authorized training centers and units, in similar manner provided in subparagraph (1).
(3)

Where issues of blank drill or dummy ammunition are made, pouches and magazines shall be inspected and all live rounds shall be inspected and all live rounds removed.
(4)

The Officer-in-Charge of squads or individuals being trained by the use of aiming discs shall personally ensure that no live rounds are present during the lesson.
(5)

Where authority has been granted to dispose any fire-arm (civilian or police), such fire-arm shall be forwarded under escort to the respective Central Arms Store, for destruction as authorized by the Inspector-General.
(6)

Where authority has been granted to dispose ammunition the disposal shall be undertaken in one of the following manner by—

(a)

dumping in deep water, lake or sea and scattered over a wide area after removing it from any box, packet or clip in which it is contained; or
(b)

burning in a deep pit, the pit shall be sufficiently deep to prevent exploding rounds flying above ground level and the fire shall be fierce enough to explode all the ammunition for disposal.
(7)

Disposal of ammunition shall be carried out under the directions of the respective Chief Service Armoirer on centralized basis for the service.
(8)

A police officer not below the rank of Chief inspector shall supervise the disposal, which shall be witnessed by a second officer of the rank of an Inspector.
(9)

A certificate to the effect that ammunition has been satisfactorily disposed of shall be signed by both the Chief Inspector and the officer of the rank of an inspector and forwarded in duplicate to the relevant authority.

28. Arms and ammunition in transit.
(1)

All arms and ammunition in transit shall be guarded by suitable escort as follows—

(a)

by road—

(i) an armed escort with a police officer not below the rank of Inspector being in-Charge shall be provided;
(ii) formations or stations handing or drawing arms and ammunition from the respective Service stores shall provide transport and escort for the return journey;
(iii) when a substantial quantity of arms or ammunition is moved, part of the escort shall travel in a second vehicle behind the vehicle carrying the arms or ammunition; and
(iv) full documentation shall be carried out for each consignment and signatures shall be obtained by the consignor from the Officer-in-Charge of the escort, and by the Officer-in-Charge of the escort from the consignee for delivery.
(b)

by rail—

(i) prior notice shall be sent to the consignee by consignor in order that the consignment can be met on arrival and the consignor shall await acknowledgement of this notice before effecting dispatch;
(ii) the responsible officer shall ensure that the Officer-in- Charge of the escort is fully aware of the action to be taken in event of delay on the road, to secure the arms or ammunition against loss;
(iii) prior arrangements shall be made by the consignor with the local Officer-in-Charge of the Kenya (Railways and Ports) Police Station who shall decide when to undertake the escort within the limits of the railway system;
(iv) the Officer-in-Charge, Railways police station shall detail an escort for the consignment of one senior non commissioned officer and two constables who shall be armed;
(v) large consignments of arms or ammunition shall be escorted by an escort of not less than one senior non commissioned officer and three constables under the command of an Inspector;
(vi) the Officer-in-Charge of a Railway Police Station shall issue orders in writing to the escort commander detailing the duties of the escort and making provision for relieves for long journeys by day or night; and
(vii) the Officer-in-Charge of the escort shall be responsible for delivering the consignment to the consignee at the destination;
(c)

An ammunition may, in certain circumstances, be moved by air in a Police Air wing aircraft by prior arrangement with the Commandant of the respective Air Support Unit.

29. General

The provisions in this paragraph govern routine or normal movement of arms and ammunition belonging to the police and where large quantities of arms and ammunition belonging to other Government Departments or civilian organizations are to be moved, the consignor shall be referred to Staff Officer Operations at Service Headquarters, who shall be responsible for detailing and coordinating security arrangements concerning the movement.

30. Training in the use of firearms

(1)

Every police officer shall be proficient in the use of the fire arms issued.
(2)

The training of police officers in the use of firearms shall be conducted in accordance with the current manuals.

31. Shooting practice
(1)

The members of the Inspectorate on first appointment and recruit constables shall be trained in the use of all police fire arms and the officers shall fire the practices as set out in Part I, II, and IV of Appendix 14(b).
(2)

The Commandant and Commanding Officer of training schools and colleges shall ensure the trainees are proficient in the use of all fire arms in use at the end of the initial courses.

32. Musketry training and parade course
(1)

Every rank of police officers shall fire an annual classification with the weapon such officer use, as set out in Appendix 14(b).
(2)

Regular and frequent weapon training shall be held and training shall precede the firing of the annual course.

33. Annual classification
(1)

The annual classification shall be fired by the 1st December of each year.
(2)

Upon completion, the original score sheets shall be forwarded to the Service Headquarters for the attention of the Staff Officer Operations.
(3)

The Service Best Shot and County Best Shot awards shall be awarded annually at the service rifle meeting, as follows—

(a)

Service Best Shot. - KSh. 5,000 and badge (vide Dress Code Regulations order awarded to a junior officer with the highest aggregate in the Catling Cup (competition "L").
(b)

County Best Shot. - KSh. 2,500 and badge (vide Dress Code Regulations Order awarded to a police officer of other ranks from each County with the highest aggregate in the qualifying stage of the Catling Cup (competitions "A", "B", "C", "G", "I", "J" and "K");
(c)

Marksmanship awards shall only be made on the basis of scores during the Annual Range Course as set out in Appendix 14(b) and the award shall be—MARKSMAN- KSh. 5,000 and badge (as provided in Dress Code Regulations order;
(4)

All ranks of police officers shall fire periodical training practices and for that purpose the amount of ammunition to be expended is as contained in Appendix 14(a)-Part II - Training Ammunition.
(5)

To stimulate interest in rifle shooting and to improve the standard of musketry in the Service—

(a)

rifle clubs may be formed in Counties, where all ranks are encouraged to join;
(b)

ammunition may be obtained from the respective Chief Service Armourer against indents.
(6)

The Service shall enter teams in the International shooting competitions as the Inspector-General considers fit.

34. Fencing of range land boundary
(1)

The Range Council shall designate a suitable land to be range land and such land shall be fenced and marked with permanent warning notice boards on footpaths and the places where the public is likely to enter the range from, such boards shall be maintained in a legible condition and marked in English and Swahili as follows—

NB: When a range is situated in rural areas, the warning shall be repeated in local dialect.

(2)

The length of the normal danger area behind the targets shall shall be 2,000 meters and the width varying with the number of targets required in accordance with the following table—

No of Targets

Width at targets

Width at 1,000 metres behind targets.

Four

272 metres

632 metres

Five

296 metres

676 metres

Six

320 metres

720 metres

Seven

344 metres

764 metres

Eight

368 metres

(3)

For each additional target, four metres shall be added in front of a target and 1,000 metres behind targets. The width of the danger area remains unchanged from 1,000 metres behind the target to the end of the danger area 2,000 metres behind the target.

Weapon

NairobiCounty

County/ Formation Other Than In Operational Areas.

County/ Formation In Operational Areas.

K.P.C.

Kenya Railways AndPorts Unit

G.S.U

A.S.T.U.

D.C.I.

Rifle.303/7.62mm

1 perallranks

1 per allranks

1 per allranks

1000 Unitcharge100 skeleton action.

1 per all ranks

1 per allranks 1000training school 100 skeleton.

1 per allranks 100skeleton action

20 D.C.I.perdivision

AK47

1 perallranks

1 per allranks

1 per allranks

1000 perall rank

1 per all ranks

1 per allranks 1000training

1 per allranks

1 per allranks

L.M.G.

10Nairobi County Hqs

4 County Hqs

4 per Sub-County. Hqs.4 per P/stn 4 per outpost

10 Unit.Charge 3 skeleton action.

4 per Sub-County Hqs

30 GSU 20Trg school1 skeleton

10 UnitHqs 1 skeleton action Trg wing. 6per group

-

GPMG

2 perSub-CountyHqs

1 Per County.1 Per Sub-County Hqs

2 County.Hqs. 1 Sub-County. Hqs.1 stn. Hq 1 out-post.

5 per UnitCharge 1Sub-County Hqs

1 Sub-County.Hqs

10 G.S.U.Hqs 5 Trg.School 3 per platoon

Unit Hqs.2 pergroup

-

S.M.G.

5County. Hqs. 4Sub-County. Hqs. 3 per Stn.3 per post.

3 County. Hqs. 4 Sub-County Hqs.3 per Stn. 3 per post.

1 per gazette Officer Inspector, NCO except D.C.I.

20 Unit charge. 5 skeleton

3 FormationHqs. 5NbiCounty. 4Kilindini Sub-County. 3Nakuru Sub-County

50 G.S.U. Hqs. 3 Coy Hqs. 5 per Platoon.50 Trgschool and skeleton action.

10 UnitHqs. 4Group. 10Trg. 2 skeleton action.

10 D.C.I. Hqs.

Revolver.38/Auto pistol

1 per all ranks.

1 per Gazetted officer and inspector, 1 per Driver and operator

1 per Gazetted officer and inspector

100 Unit charge.10 skeleton action.

100 NairobiCounty. 60Kilindini Sub-County. 60Nakuru County.

1 per Gazetted Officer and Inspector.1 per allranksRecce

1 per Gazetted Officer and Inspector10 unitHqrs. 10

1 per all ranks.

Operator

100 Trg School. 10 skeleton action

Trg. Wing skeleton action T/wing.

Pistol Signal1 inch

5 AreaHqs. 2Sub-County. Hqs 3 per Stn

4 per Sub-County. 3 per Stn.

4 Sub-County Hqs.3 per Stn 3per post.

5 Unit charge

1 per Sub-County. 1 per Marine launching including sectionat

20 G.S.U. Hqs. 20Trg school1 Coy Hqs.3 per platoon.

5 UnitHqs10Trg Wing2 per group.

5 per DCI division

Kisumu.

Rifles .227.62 conversion

50 Unit charge

30 CountyHqs

30 CountyHqs

100 Unit charge

30 unit charge

100 Trg school

30 Trg wing.

Revolver .22

30 weapon TrgUnit

6 per Sub-County.

6 per Sub-County.

20 Unit charge

6 per Sub-County.

20 G.S.U.40 Trg school

20 TrgWing

I per rank

2 per RiotSquad

10 Trg school 2per platoon

2 per RiotSquad

-

Shotgun 12Bore

1 per Sub-County Hqs.

1 per Sub-County Hqs.

4 per Sub-County. Hqs

6 Unit charge

1 per Sub-County Hqs

12 Trg school

6 TrgWing

4 D.C.I. division.

Mortar 60mm

-

-

2 per P/Stn 1 per post

4 Unit charge

-

10 G.S.U.10 Trg school 3per platoon

5 Unit 2 per group

-

TRAINING AMMUNITION

FORMATION

Rifle7.62 mm

LMG

SMG

.22 (Rifle)

Revolver.38

PistolAuto.

Revolver .22

Kenya Police College, Anti- Stock Theft Unit (if issued with the weapon)

Roundper man

Roundper man

Roundper man

Roundper man

Round perman

Roundper man

Round per man

20 permonth

100 permonth

50 permonth

20 permonth

18 permonth

24 permonth

36 per man permonth

Stations and Posts outside operational areas

40 permonth

100 permonth

50 permonth

20 permonth

18 perquarter

24 perquarter

18 per man perquarter

Stations and Posts outsideoperational areas (if issued with weapon).

-

40 perquarter

24 perquarter

20 permonth

18 perquarter

24 perquarter

36 per man perquarter

Kenya Police Formations and Units

20 perperson

40 perquarter

24 perquarter

20 perquarter

18 perquarter

24 perquarter

26 per man permonth

National Criminal Investigations Academy

20 perperson

20 perperson

20 perperson

20 perperson

20 perperson

20 perperson

20 per person

Ammunition for P.E.U. G.S.U, K.P.C. and G.S.U Training School shall be as laid down by the Deputy Inspector-General, Kenya Police Service from time to time.

Operation Area.

Urban StationsOutside OperationArea.

Rural Stations OutsideOperation Area.

G.S.U.

UnitCharge

ServiceReserve

UnitCharge

ServiceReserve

Unit Charge

ServiceReserve

UnitCharge

Service Reserve

Rifle 7.62

100

100

40

20

40

20

200

4000

.22 Rifle

1000

1000

1000

1000

1000

1000

1000

1000

Revolver.38

25

20

24

50

18

36

-

-

AutomaticPistols

16

8

24

50

18

36

24

500

LMG 7.62

1,500PLUS 12 magazines

500 plus4 magazine s

500 plus 4 magazines

500 plus 4 magazines

500 plus 4 magazines

500 plus 4 magazines

1,500 plus12 magazines

1,500 plus 12 magazines

9mm Automatic carbine

50 plus 12 magazines

250 plus4 magazine s

250 plus 4 magazines

250 plus 4 magazines

250 plus 4 magazines

250 plus 4 magazines

250 plus 4 magazines

2500 plus 40 magazines

Pistol "1"

12 cartridges of eachcolour

12 cartridges of eachcolour

12 cartridges of eachcolour

12 cartridges of eachcolour

12 cartridges of each colour

12 cartridges of eachcolour

12 cartridges of eachcolour

12 cartridges of each colour

PREPARATION:-

Firers shall fire 5 rounds at 100m in lying position untimed – to determine their M.P.I (Mean Point of Intact).

THIS SHALL NOT COUNT IN THE CLASSIFICATION

PRACTICE

TARGET

RANGE

ROUNDS

TIME LIMIT

DETAILS

H.P.S.

STAGE 1

1

Fig.11/59

300m

5

25 sec

In the aim. Targets shall appear for the appropriate time.On completion, the firers with safety catches applied shall move forward to 200m.Where they shall reload, 30 seconds after the disappearance of the target the 2nd practice shall commence.

10

2

Fig.11/59

200m

5

25 sec

In the aim. Targets shall appear for the appropriate time. On completion, the firerswith safety catches applied shall move forward to 100m. Where they shall reload,30 seconds after the disappearance of the target the 2nd practice shall commence.

10

3

Fig.11/59

100m

5

25 sec

In the aim. Target shall appear for the appropriate time.

10

STAGE 2

1.

Fig.11/59

300-50m

10

-

Firers shall stand on the 300m. Firing point with safety catches applied. On the orderfrom Range Officer they shall advance towards the butts. Targets shall be movingfrom left to right at normal walking pace during each exposure.Two shots shall be fired at each exposure using any position. After each exposure, safety catches shall be applied and the direction of the Range Officer. Position for stages one and two shall be prone.

20

TOTAL

50 Points

PRACTICE

TARGET

RANGE

ROUNDS

DETAILS

H.P.S.

PRACTICE

No.31xFig.11/59

20m

6

Time limit- 15 sec.Pistol may be cocked and must be held at45’

24

PRACTICE

No. 31xFig.11/59

15m

6

Time limit- 15 sec.Pistol may be cocked and must be held at45’

24

PRACTICE

No. 31xFig.11/59

15m

6

3 appearance of sec. each at irregular intervals varying between 3 and 10 sec.2 shots at each appearance. Pistol may be cocked and must be held at 45’

24

before each appearance.

PRACTICE

No. 32xFig.11/59

10m

6

Time limit – 6 sec. 3 shots on each target. Pistol may be cocked and must be heldat 45’

24

TOTAL

92

Targets: The targets shall be described as in Appendix 63(a) of Cap 63(Rules for National Police Service Rifle meeting regulations)

PRACTICE

TARGET

RANGE

ROUNDS

DETAILS

H.P.S.

1.

No.31xFig.11/59

45M

10

Time limit-30 sec.

40

2.

No.32xFig.11/59

30

10

Time limit-10 sec. 5 shots at eachtarget.

40

3.

No.31xFig.11/59

30

10

3 appearances of 3 sec. each atirregular intervals varying between3 and 10 sec. Any number of shotsmay be fired at each appearance.

40

TOTAL

120

DATE:

1.

This challenge Cup shall be competed annually in the month of April, by Sub-County Teams. The fired targets and registers must be in the hands of the Competition Secretary on or before the 14th May.

COMPOSITION OF TEAMS:
2.

Each Team shall consist of one Police Officer of or above the rank of Inspector and four Junior Officers.

ELIGIBLE TEAMS:
3.

For the purpose of this Competition, the services and directorates within the National Police Service shall be classified as Sub-county.

SUPERINTENDING OFFICERS:
4.

The Sub-County Commander shall obtain the Services of a Gazetted Police Officer, or a serving or retired Military Officer, or an experienced member of a recognized Rifle Club to supervise the Shooting of the match. His/her duties shall be to—

(a)

ensure that the conditions of the competition are strictly adhered to;
(b)

measure the range from the front edge of the firing point to the line of targets to ascertain that it is not less than prescribed distance; and
(c)

assess the scores (without using a shot-hole gauge) and personally enter them, in ink on the Register.

CONDITIONS:
5.

The match shall be fired under the following conditions—

(a)

range - 25 Yards;
(b)

weapon - (5.6mm) Rifle on charge to the Sub-county as issued;
(c)

dress - Range Dress (see Cap. 63);
(d)

position - Prone (see Cap 63);
(e)

target - Fig. 112/59 (Scoring - 4, 3, 2, 1). Shots touching a line are credited with the higher value;
(f)

sighters - each competitor may fire 2 sighting shots on a separate target provided by the sub-county concerned. No time limit;
(g)

practice 1 - 5 Rounds Time limit 2 minutes; and
(h)

practice 2 - The general regulations contained in Cap 63 shall apply wheresoever they may be relevant.

TIES.

Ties shall be counted out as follows:

(a)

the highest aggregate in Practice and if still a tie;
(b)

the fewest misses;
(c)

the fewest outers;
(d)

the fewest Mapies;
(e)

the fewest Timers; and
(f)

a re-shot.

PRIZES:

Prizes shall be awarded at the prize giving ceremony at the Services Rifle Meeting as follows:—

Team

(a)

Winning Team - Trophy and Kshs. 30, 000
(b)

Runners Up - Kshs. 15,000

Individual

(a)

Winner - Kshs. 8,000
(b)

2nd - Kshs. 5,000
(c)

3rd -Kshs. 3,000

Otherwise as directed by the respective Deputy Inspector General and the Director, Directorate Criminal Investigation. These awards shall be made whether or not the individuals are members of the winning team.

DATE:

1.

This shield shall be competed for annually by Counties Teams. It shall be fired in two stages:

Stage I (Postal) To be fired during the month of April and May. Completed targets and registers to be in the hands of the respective Service Competition Secretary on or before 14th June.

Stage 2 (Shoulder to Shoulder) The Counties, whose Teams achieve the highest scores in stage 1, shall be eligible to send a Team to compete in a match, under similar conditions, to be fired during the month of June on range and date detailed by the Competition Secretary.

The scores achieved during this stage shall determine the winner of the shield.

COMPOSITION OF TEAM:
2.

Each Team shall consist of six Police Officers, of whom at least four must be junior officers and one Inspector, or above. It is desirable but not necessary that the same personnel comprise the Team in both stages.

ELIGIBLE TEAM:
3.

For the purpose of this competition the units and formations under the Services and the Directorates shall be classified as Counties.

SUPERINTENDING OFFICER:
4.

The Officers-in-Charge of the Counties in respective Services shall obtain the services of a Gazetted Police Officer from another County, or a serving or retired Military Officer or an experienced member of a recognized Rifle Club, to supervise the shooting of the match. His/her duties shall be to—

(a)

ensure that the conditions of the competition are strictly adhered to;
(b)

measure the Range from the front edge of the firing point to the line of targets to ascertain that it is not less than the prescribed distance; and
(c)

assess the scores without using a shot-hole gauge and personally enter them in ink on register

CONDITIONS
5.

Both stages of this Competition shall shall be fired under the following conditions:-

(a)

range – 25 Metres;
(b)

weapon - 22 (5.6mm) Rifle on charge to the County as issued;
(c)

dress range dress;
(d)

position prone;
(e)

target N.R.A Sharpshooting. Five diagrams with rings ring scoring 10, 9 and 8 only. Shots touching a line shall be credited with higher value;
(f)

excess shots - Shots fired by a competitor in error at the card of another shall be counted as misses. The competitor on whose card the extra are fired shall be credited with the 10 of the lowest value. Any diagram on the card with more than 2 shots on it shall be credited with the value of the 2 best shot. The remainder shall score nil. In order to prevent excess shots being fired in advertently, only the number of rounds required for the practice may be exposed on the firing point;
(g)

practice 1 - Time limit 5 minutes. Two rounds to be fired at each diagram. Up to five sighters may be fired at a separate target, provided by the County concerned within in the time limit;
(h)

practice 2 - 10 Rounds, Time limit 45 seconds. Two to be fired at each diagram; and
(i)

general - The general regulations contained in Cap 63 shall apply whenever they may be relevant.

TIES
6.

Ties shall shall be counted out as follows:

(a)

The highest aggregate in Practice II and if still a tie;
(b)

The fewest misses;
(c)

The fewest 8’s;
(d)

The fewest 9’s; or
(e)

A re-shot.

PRIZES;
7.

Prizes shall be awarded at the prize giving ceremony at the Service Rifle Meeting as follows:

(a)

Team

(i) Winning Team Trophy and Kshs.30,000
(ii) Runners Up – 10,000
(b)

Individual

(i) Winner Kshs. 5,000
(ii) 2nd " Kshs 3,000
(iii) 3rd " Kshs 2,000

Otherwise as directed by the Deputy Inspector General and the Director Directorate Criminal Investigation. The awards shall be made regardless whether or not the individuals are members of the winning team.

Weapon

Major Cities

County/ Formation Other Than In Operational Areas

County/ Formation In Operational Areas.

Aptc, Apssc, Bps, Kftc

Sspu,Vipu Fsspu

Rdu Rbpu

Apsstpu

Sgb

Rifle .303/7.62mm/M16

1 per all ranks

1 per all ranks

1 per all ranks

1000 Unit charge 80 skeleton action.

1 per all ranks

1 per all ranks 1000 training school 60 skeleton.

1 per all ranks 10 skeleton action

90 SGB Hqs

L.M.G./HK11/HK 21

40 Nairobi County Hqs

10 County Hqs

8 per Sub-County. Hqs. 4 per P/stn 4 per outpost

20 Unit. Charge 3 skeleton action.

8 per Sub-County Hqs

100 RDU,RBPU 40 Trg school 6 skeleton

30 Unit Hqs 4 skeleton action Trg wing. 8 per group

-

GPMG

4 per Sub-County Hqs

3Per County. 1 Per Sub-County Hqs

4 per county .Hqs. 3 Sub-County. Hqs. 2 ward. Hq 1 out-post

10 per Unit Charge 3 Sub-County Hqs

3 Sub-County. Hqs

12 RDU,RBPU, Hqs 5 Trg. School 4 per platoon

Unit Hqs. 3 per group

-

S.M.G/MP5/PAR CHET

10 County. Hqs. 4 SubCounty. Hqs. 3 per Stn. 3 per post.

5 COUNTY. Hqs. 4 SubCounty Hqs. 3 per Stn. 3 per post.

1 per gazette Officer Inspector, NCO except D.C.I

20 Unit charge. 5 skeleton

4 Formation Hqs.

100 RDU,RBPUHqs. 3 Coy Hqs. 5 per Platoon. 100Trg school and skeleton action.

20Unit Hqs. 4 Group. 10 Trg. 2 skeleton action.

20 SGB Hqs.

Revolver .38/Auto pistol

1 per all ranks

1 per Gazetted officer and inspector, 1 per Driver and operator

1 per Gazetted officer and inspector

150 Unit charge. 10 skeleton action.

100 Per County

1 per Gazetted Officer and Inspector. 1 per all ranks Recce

1 per Gazetted Officer and Inspector 10 unit Hqrs. 10

1 per all ranks

Operator

100 Trg School. 10 skeleton action

Trg. Wing skeleton action T/wing.

Pistol Signal 1 inch

5 Area Hqs. 2 Sub-County. Hqs 3 per Stn

4 per Sub-County. 3 per Stn.

4 Sub-County Hqs. 3 per Stn 3 per post.

5 Unit charge

1 per Sub-County. 1 per Marine launching including section at migingo

20 RDU,RBPU. Hqs. 20 Trg school 1 Coy Hqs. 3 per platoon

5 Unit Hqs10 Trg Wing 2 per group.

Rifles .22 7.62 conversion

50 Unit charge

30 ProvHqs

30 ProvHqs

100 Unit charge

30 unit charge

100 Trg school

30 Trg wing.

Revolver .22

30 weapon Trg Unit

6 per Sub-County.

6 per Sub-County.

20 Unit charge

6 per Sub-County.

20 RDU,RBPU 40 Trg school

20 Trg Wing

Tear Gas pistol 1 ½ inch.

½ inch. 1 per Riot Squad

1 per Riot Squad

1 per Riot Squad

4 Unit charge

1 per Riot Squad

3 Trg school 1 per platoon

1 per Riot Squad

-

Rifles Gas firing

2 per Riot Squad

2 per Riot Squad

2 per Riot Squad

10 Unit charge

2 per Riot Squad

10 Trg school 2 per platoon

2 per Riot Squad

-

Shotgun 12 Bore

1 per Sub-County Hqs.

1 per Sub-County Hqs.

4 per Sub-County. Hqs

6 Unit charge

1 per Sub-County Hqs

12 Trg school

6 Trg Wing

4 SGB Hqs.

Mortar 60mm

-

-

3 per P/Stn 1 per post

4 Unit charge

-

30 RBPU,RDU,APS STPU 10 Trg school 3 per platoon

4 Unit 2 per group

-

FORMATION

Rifle 7.62 mm

I.M.G

SMG

.22(Rifle)

Revolver .38

Pistol Auto.

Revolver. 22

APTC, APSSC, KFTC, BPS

Round per man

Round per man

Round per man

Round per man

Round per man

Round per man

Round per man

20 per month

100 per month

50 per month

20 per month

18 per month

24 per month

36 per month

40 per month

100 per month

50 per month

20 per month

18 per quarter

24 per quarter

18 per man per quarter

Stations and Posts outside operational areas (if issued with weapon).

-

40 perquarter

24 perquarter

20 permonth

18 perquarter

24 perquarter

36 per manper quarter

APS Units INCLUDING Reserves

20 per person

40 perquarter

24 perquarter

20 perquarter

18 perquarter

24 perquarter

26 per manper month

Ammunition for RD, RBP, APSSTPU, VIPU, SSPU, SGB, APTC and KFTC shall be as laid down by the Deputy Inspector General of Administration Police from time to time.

Operation Area.

Urban Commands Outside Operation Area.

Rural Commands Outside Operation Area.

Rdu.Rbpu,Apsstpu, Sgb

Unit Charge

Service Reserve

Unit Charge

Service Reserve

Unit Charge

Service Reserve

Unit Charge

Service Reserve

Rifle 7.62

300

300

100

100

100

100

500

900

.22 Rifle

1500

1500

1500

1500

1500

1500

1500

1500

Revolver .38

40

40

30

70

30

40

36

3000

Automatic Pistols

40

38

50

100

36

60

60

1000

LMG 7.62

2,500 PLUS 15 magazines

600 plus 8 magazines

700 plus 8 magazines

700 plus 8 magazines

700 plus 8 magazines

900 plus 8 magazines

3,500 plus 15 magazines

2,500 plus 15 magazines

9mm Automatic carbine

80 plus 15 magazines

250 plus 8 magazines

350 plus 4 magazines

350 plus 8 magazines

350 plus 8 magazines

350 plus 8 magazines

350 plus 8 magazines

350 plus 8 magazines

Pistol 1"

15 cartridges of each colour

15 cartridges of each colour

15 cartridges of each colour

15 cartridges of each colour

15 cartridges of each colour

15 cartridges of each colour

15 cartridges of each colour

15 cartridges of each colour
CHAPTER 15 – ARREST AND DETENTION RULES/PRISONERS AND ACCUSED PERSONS
1.

Arrest for cognizable offence
(1)

Arrest for cognizable offence shall be conducted as follows—

(a)

a police officer may arrest any person without warrant, whom he suspects on reasonable grounds has committed a cognizable offence; and
(b)

in the manner provided under the provisions of section 29 of the Criminal Procedure Code (Cap. 75) and section 58 of the National Police Service Act (Cap. 84).
(2)

An investigating officer shall not arrest any suspect unless it is necessary to do so.
(3)

A police officer may, without an order from a court and without a warrant, arrest any person—

(a)

whom the officer suspects upon reasonable grounds of having committed a cognizable offence;
(b)

who commits a breach of the peace in the officer’s presence;
(c)

who obstructs a police officer while in the execution of duty, or who has escaped or attempts to escape from lawful custody;
(d)

in whose possession anything is found which is reasonably suspected to be stolen property;
(e)

whom the officer suspects upon reasonable grounds of being a deserter from the armed forces;
(f)

whom the officer finds in a highway, yard or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit a felony;
(g)

whom the officer finds in a street or public place during the hours of darkness and whom he suspects upon reasonable grounds of being there for an illegal or disorderly purpose, or who is unable to give a satisfactory account of himself;
(h)

whom the officer suspects upon reasonable grounds of having been concerned in an act committed at a place out of Kenya which, if committed in Kenya, would have been punishable as an offence, and for which the person is liable to be extradited under any law in Kenya;
(i)

who having in possession without lawful excuse, the burden of proving? which excuse shall lie on that person, any implement of housebreaking;
(j)

who being a released convict is found committing a breach of any provision prescribed by section 344 the Criminal Procedure Code (Cap. 75) or of any rule made thereunder; or
(k)

for whom he has reasonable cause to believe a warrant of arrest has been issued.
2.

Detention of arrested persons
(1)

A police officer shall conduct a clear and unbiased assessment of the facts before arresting any suspect.
(2)

Detention of arrested persons shall be conducted as follows—

(a)

any person arrested with or without a warrant shall be searched and placed in cells and relevant entries made in the Occurrence Book and the Cells Register;
(b)

an arrested person shall be brought before court as soon as possible, but not later than twenty four hours after being arrested;
(c)

if the twenty four hours lapse after court hours, or on a day that is not an ordinary court day the arrested person shall be brought to court by end of the next working day; and
(d)

when the arrested person is wanted at another police station an apprehension report under section 37 of the Criminal Procedure Code (Cap. 75) shall be submitted to a Magistrate and an application made to have the person remanded to enable such person to be conveyed to the station where he or she is wanted.
3.

Release of person arrested on suspicion

A Commander of a police station may, after inquiries on arrested persons and on being satisfied that there is insufficient evidence to proceed with a charge, release any person who has been arrested on suspicion of having committed an offence.
4.

Arrest of Government or quasi government bodies employees
(1)

In case of an arrest of a person employed in a government institution, the following procedure shall be followed—

(a)

where it is necessary to arrest a person in employment of a Government institution, or State Corporation, the head of such person’s department, or a senior member of the department, shall, where possible, be informed; and
(b)

in minor cases of violation of national and county legislation by Government, or State Corporation employees, the employee may be summoned through the head of department, or local head of department, of his or her department in accordance with section 95 of the Criminal Procedure Code (Cap. 75).
(2)

Where the arrest is pursuant to section 77(a) of the Kenya Railways Corporation Act, the police officer whose duty it is to make such arrest shall–

(a)

request the head of the department of such employee to relieve the employee from his or her duties as soon as practicable; and
(b)

refrain from arresting such employee until he or she is so relieved and shall, until such release take all necessary steps to ensure that such employee does not escape.
(3)

Where it is necessary to arrest any employee of the Kenya Railways Corporation and the Kenya Ports Authority assistance may be sought from the Kenya Railways Police and Kenya Ports Police or from the local station master as the case may be.
(4)

Where any request is made to a head of a department under subparagraph (1), (2) or (3) above it shall be his or her duty to relieve the employee in respect of whom the request is made without unnecessary delay.
(5)

Any member of the Kenya Defence Forces arrested for committing an offence, the Prisoner’s Commanding Officer shall be informed of such arrest without delay.
5.

Employers to be notified of arrest of employee
(1)

A police officer, where possible, shall notify an employer when—

(a)

it is found necessary to arrest his or her employee; or
(b)

an employee is required as a witness in a court.

6. Conduct of detentions
(1)

Detention of arrested persons shall be conducted as follows—

(a)

any person arrested with or without a warrant shall be searched and placed in cells and relevant entries made in the Occurrence Book and the Cells Register; and
(b)

an arrested person shall be brought before court as soon as possible, but not later than twenty four hours after being arrested.
(2)

If the twenty four hours lapse after court hours, or on a day that is not an ordinary court day the arrested person shall be brought to court by end of the next working day.
(3)

If the arrested person is wanted at another police station an apprehension report under section 37 of the Criminal Procedure Code (Cap. 75) shall be submitted to a Magistrate and an application made to have the person remanded to enable such person to be conveyed to the station where he or she is wanted.
(4)

Once a person has been arrested, full particulars, including the name and number shown on his identity documents, if any, shall be entered in the relevant Police Station records and on the fingerprint form (Form p.20).
(5)

The Identity documents shall remain the personal property of an arrested person and shall be treated in the same manner as other property of an arrested person and in accordance with paragraph 25(9).
7.

Rights of an arrested and detained person
(1)

An arrested person has the right—

(a)

to be informed promptly, in language that the person understands, of—

(i) the reason for the arrest;
(ii) the right to remain silent; and
(iii) the consequences of not remaining silent;
(b)

to remain silent;
(c)

to communicate with an advocate, and other persons whose assistance is necessary;
(d)

not to be compelled to make any confession or admission that could be used in evidence against the person;
(e)

to be held separately from persons who are serving a sentence;
(f)

to be brought before a court as soon as reasonably possible, but not later than—

(i) twenty-four hours after being arrested; or
(ii) if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day.
(g)

at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and
(h)

to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.
(2)

A person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.
(3)

A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Constitution, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.
(4)

A person who is detained or held in custody is entitled to petition for an order of habeas corpus.

(5)

A detained person is entitled to—

(a)

communicate with and receive visits of members of the family subject only to reasonable conditions and restrictions (when exceptional needs of investigations so require) which shall be spelt out in the Standing Orders subject to the approval from the Ministry;
(b)

inform his or her family of the arrest and detention and place of detention;
(c)

access to doctors and general medical assistance when required; and
(d)

lodge complaints about ill treatment and the right to compensation, which shall be investigated by the Independent Policing Oversight Authority and not by police officers from the respective police stations.
(6)

Where the spouse, child, parent or other close relative of any person held in police custody makes an inquiry at any police station or other police premise as to the whereabouts of the person so held, the person shall, after giving satisfactory proof as to his or her relationship to the suspect held, be allowed to communicate the person in custody.
(7)

The detained person shall be entitled to communicate freely and confidentially with persons making the visit.
(8)

Whenever a detained person dies in custody, both the officer-in-charge and the officer on duty shall immediately notify the Independent Police Oversight Authority and any other body required by law to be so notified in writing no later than within twenty four hours after the incident for purpose of investigations.
8.

Release on bail or bond
(1)

The following steps shall be followed in case of release of detainees on bail or bond—

(a)

a person arrested by a police officer on a minor offence shall, be released on the security of payment of cash bail, unless the officer-in-charge of the police station has reasonable grounds for believing that the detainee shall not answer his or her bail and the cash bail shall be granted in accordance with Chapter 56 of these Standing Orders;
(b)

any person released on cash bail and who fails to appear as required, the officer-in-charge of the relevant police station shall make an application to the magistrate to issue a warrant of arrest for such person;
(c)

the cash bail granted under h 1(a) shall be paid into Court as soon as is reasonably practicable and a receipt issued for such payment, under no circumstances shall cash bail be retained at any police station after the date on which the accused shall have appeared in court;and
(d)

a magistrate may, order the cash bail to be forfeited to the State or to be retained by the court until such time as the arrested person may appear or sufficient grounds are shown to exist to justify an order for forfeiture.
(2)

Pursuant to section 123 (i) of the Criminal Procedure Code (Cap. 75), the police officer-in-charge of a station, may release a person from the police custody on bail or bond.
(3)

If the county commander directs that the offence committed is bailable but there are grounds for the suspect to remain in custody, all documents and particulars thereof shall be entered in the register of accountable documents at both sub-county and police station level.
(4)

All cash bail receipt books are accountable documents and all particulars thereof shall be entered in the register of accountable documents at both sub-county and police station level.
(5)

Only one cash bail receipt book shall be in use at any one time at any police station and, when not in use, it shall be kept under lock and key, separate from all unused ones which shall also be kept under lock and key.
(6)

The officer-in-charge of police stations shall regularly inspect the cash bail receipt book and balance all outstanding receipts against the cash received.
(7)

The sub-county commander shall, during the regular inspections and visits shall examine the register of accountable documents and ensure their compliance with the provisions of subparagraphs 5 and 6.
(8)

When handing over a police station the police officer-in-charge of a police station shall enter in the handing over or taking over certificate, details of the amount of cash bail on hand and shall sign the register of accountable documents as per the status.
(9)

A person who is released from custody on either bail or bond shall be required to appear before a magistrate on a specified date, and under no circumstances shall a prisoner released on cash bail or bond be required to appear at a police station or other place.
(10)

Despite the foregoing where the alleged offence is punishable by a fine only or by imprisonment for a term not exceeding six months, the officer in charge of a police station shall release the arrested person on cash bail or bond.
9.

Factors to consider in relation to bail

The following factors shall be considered in relation to bail—

(a)

likelihood that the accused will abscond—

(i) the nature of the charge or offence and the seriousness of the punishment to be awarded if the applicant is found to be guilty (consider quantity and value of any item seized);
(ii) the strength of the prosecution case against the accused person ornature of evidence on which the suspect has been arrested;
(iii) community ties; if suspect is a foreignor or of unknown nationality (immigration to be notified and supporting evidence obtained); no confirmed place of residence, whether he or she as employment, children/family ties; and
(iv) accused failure to surrender to bail on previous occasion (provide criminal case No. & court)
(b)

likelihood that the accused will interfere with witnesses or the investigation:—

(i) likelihood of interference with prosecution witnesses such as proximity of address, community or relationship to any witness; and
(ii) the inquiries that have been made by the police in relation to the offence and any further inquiries proposed to be made (including whether information given by the accused has led to discovery of evidence or arrest of another person in relation to other offence);
(c)

likelihood that the accused will commit an offence while on release—

(i) the character and antecedents of the accused (e.g. criminal record and/or material yet to be recovered believed to be possession of the accused); or
(ii) other pending prosecutions.
(d)

that detention is necessary for the accused’s own protection officer’s view based on views in the community other indicators of possible harm to the accused if released.
(e)

security of the suspect or accused person

Provided that this Order shall also be guided by the provision of policy on Bail and Bond 2015.
10.

Arrest on the basis of an electronic signal

When arresting a person on the basis of an electronic signal advice, a police officer shall—

(a)

not arrest on signaled information unless the electronic signal contain the following particulars—

(i) in cases of cognizable offences, the name and description of the offender, nature and brief details of the alleged offence and the date offence was committed, whether the offence is bailable and the amount of bail which may be accepted; or
(ii) in cases of non-cognizable offences, the same details as for cognizable offences and, in addition, confirmation that a warrant of arrest has been issued;
(b)

as soon as a wanted suspect has been arrested he or she shall be brought before a magistrate on apprehension report and an application to have the suspect remanded in custody applied for;
(c)

the station requesting the arrest shall be notified by signal and asked to provide an immediate escort for the suspect.
11.

Identity documents of arrested persons
(1)

The identity document of an arrested person shall be handled as follows—

(a)

once a person has been arrested, full particulars, including the name and number shown on his or her identity documents, if any, shall be entered in the relevant Police Station records and on the fingerprint form (Form p.20); and
(b)

the Identity documents shall remain the personal property of an arrested person and shall be treated in the same manner as other property of an arrested person and in accordance with paragraph 24(9).
12.

Cleanliness of cell
(1)

Police cells and lock-up facility shall—

(a)

be cleaned thoroughly every day;
(b)

be whitewashed and disinfected at frequent intervals;
(c)

be kept in hygienic conditions conducive for human habitation; and
(d)

have adequate light, toilet and washing facilities and outdoor area.
(2)

The detainees’ beddings shall be aired daily and washed when necessary.
(3)

The police officer on office duty shall retain the cell keys when not in use, unless special Station Standing Orders exist to the contrary.
13.

Cell register

An Officer in-Charge of a police station shall maintain a cell register into which the following particulars in respect of detained persons shall be entered—

(a)

name;
(b)

reasons for the arrest and detention;
(c)

date and time of the arrest and detention;
(d)

date and time of first appearance before a court;
(e)

identity of the arresting officer;
(f)

date and time for interrogations and identity of interrogators;
(g)

date and time of any transfer of the detainee to another place of detention; and
(h)

name of the police officer who shall be responsible for the detainees’ welfare and for updating the register.
14.

Daily inspection of cells
(1)

An Officer-in-charge of a police station shall inspect the cells every day to ensure that they are clean and to ascertain whether the detainees have any complaints.
(2)

Any complaints received shall be recorded in the Occurrence Book and the complaint shall be investigated and appropriate action shall be taken if the complaint is found to be genuine.
(3)

An Officer-in-charge of a station shall physically conduct a roll call of all persons in cells against the cells Register.
(4)

If a detainee complains of illness or appears to be ill or injured, the Officer-in-charge of the police station shall be informed immediately and medical attention sought.
(5)

Any prisoner complaining of any injury shall be taken to a medical officer who shall be requested to record such injuries on a prescribed medical examination form and this form shall be available at any subsequent trial or inquiry.
(6)

Detainees in police custody may not be employed on any work other than the cleaning of cells and beddings and no unauthorized person may be allowed access to police cells.
15.

Movement of detainees
(1)

A detainee shall not be removed from custody without permission of the officer in charge of the police station except for calls of nature or in cases of sickness.
(2)

All movements of the detainees in police custody shall be recorded in the cells register and Occurrence Book in accordance with instructions contained in Chapter 59.
(3)

The detainees shall be searched before returning to the cells and when not confined in the cells a detainee shall not be left unattended and vigilance shall be exercised at all times to prevent escapes from custody.
(4)

Detainees in police custody shall be kept according to the following requirements—

(a)

men and women shall be kept separately;
(b)

intersex persons shall be kept separate from men and women;
(c)

juveniles and children shall be kept separately from adults; and
(d)

police detainees shall be kept separately from convicted prisoners.
16.

Detainees to be searched before placement in custody

A detainee, before being placed in custody, shall be searched and any object with which he or she may injure himself or herself or any other person or which may facilitate his or her escape shall be confiscated and retained with other articles of the detainee.
17.

Detainee to be provided with facilities to communicate with friends or legal representative.
(1)

Every detainee shall—

(a)

be given facilities to communicate with a friend or legal adviser, and such person shall be permitted to visit the detainee; and
(b)

be afforded privacy during any visit to avoid eavesdropping on conversations by the detainee and the visitor.
(2)

During a visit, the police officer on duty shall exercise due care to ensure that the detainee does not escape, and the detainee is in sight throughout the visit.
(3)

A detainee may upon request be supplied with writing materials and the detainee’s letters shall be posted or delivered without delay and on payment of the requisite fee and their emails or telephone messages shall be sent at once.
(4)

An accused person or his or her advocate shall on request be supplied free of copies of the charge sheet and or cautionary statement relating to the offence for which they have been charged.
(5)

When allowing visitors to visit caution shall be taken to prevent any items to be passed in.
(6)

Detainees shall be searched thoroughly before the before return to cells.
18.

Arrest of foreign nationals
(1)

Members of the press shall not be permitted to photograph or interview any detainee in custody within a police station.
(2)

A foreign detainee shall be permitted to communicate by letter, email or telephone or any other applicable media with the consular representative of the detainee’s home country.
(3)

Where no mission or consular exists in Kenya as contemplated under paragraph (2), the Inspector-General shall, inform the Cabinet Secretary for the time being responsible for matters relating to foreign affairs of the arrest of the foreign national.
19.

Dangerous or notorious detainees
(1)

Dangerous or notorious detainees shall be dealt with as follows—

(a)

if a police officer has reason to believe that a detainee in police custody is of a dangerous or notorious character, or one who has assumed one or more aliases, the police officer investigating the case shall inform the officer-in-charge of the police station in writing of the fact;
(b)

dangerous and notorious detainees shall be photographed immediately after arrest and before they are produced in court; and
(c)

the letter to the officer-in-charge of the police station and a photograph shall be attached to the police case file and the court prosecutor shall attach them to the detainee’s remand or committal warrant so that special precautions to prevent escape, may be taken by the prison authorities.
20.

Detention of notorious or desperate criminals
(1)

A police officer handling a suspect known to be a criminal of particular importance or evil influence shall take special precautions if such suspect can be expected to make a determined effort to escape.
(2)

The special precautions under h (1) may include–

(a)

the issuance of special orders in writing regarding the procedure to be adopted in respect of the particulars of the detainee;
(b)

the method in which he or she is to be detained, guarded or visited;
(c)

whether the detainee is to be kept in irons;
(d)

the police officer responsible for the keys of the cell; or
(e)

taking a photo of the detainee.
21.

Feeding of detainees
(1)

Detainees in police custody shall be fed where possible, according to national, religious or tribal customs of such detainees.
(2)

The officer in charge of a Police Station may order meals for detainees from an appointed contractor or from a local hotel or restaurant.
(3)

An officer in charge of a police station shall record a detainee’s meal requisition form for each order against the relevant occurrence Book entry and certify the correctness after verification that bills for the supply of detainee’s meals tally with the duplicate meal requisition form before payment is made.
(4)

An officer in charge of a police station shall ensure the provision of water, towels for women, mattresses, blankets, bed sheets, toilet paper and drinking water to the detainees where it is not available and when possible.
(5)

The sub-county police commander shall prepare the tender for the supply of detainees meals and the needed necessities and forward such tenders to the Kenya Police County Headquarters for approval after which the county or formation commander shall forward a copy of the approved tender to the National Police Service Headquarters.
(6)

A detainee may receive food brought by relatives or friends and any food, receptacles or utensils shall be examined before being handed to the detainee and withdrawn immediately after use.
22.

Handling of female detainees
(1)

When handling a female detainee, a police officer shall apply the following procedure—

(a)

when a police officer arrests a female suspect without warrant, accused of an offence other than murder or treason, and who the police officer considers not to pose a risk, and that it is not possible to bring her before a court at once, the officer shall, if possible, release her on bail or bond and the amount of such bail or bond shall be fixed with due regard to the circumstances of the case;
(b)

a police officer may detain a female offender in custody only when absolutely necessary, and in no case may a female be detained for a petty offence;
(c)

a female detainee brought to a police station in a state of intoxication may only be detained until she is sufficiently sober to be released on cash bail or bond;
(d)

where it is impracticable for any reason for a police officer to release a female detainee from police custody, the police officer shall apply the following instructions—

(i) a female police officer shall thoroughly search the female detainee with strict regard to decency, privacy and the true gender of the detainee;
(ii) where a female detainee complains of illness or injury or appears to be unwell or injured, the services of another woman shall be obtained to visit and assist her;
(iii) a male police officer shall not enter cells meant for holding female detainees unless accompanied by a female or another police officer;
(iv) the officers-in-charge of a police stations shall ensure that not less than two police officers are always on duty at the police station; and
(v) the door of the cells meant for holding female detainees shall be secured by two locks and each of the two police officers on duty shall retain possession of the key to one lock only;
(e)

where no female police officer is present at the police station the services of an adult female shall be obtained to deal with female detainees;
(f)

a police officer shall question all female detainees on arrival at the Police Station, to ascertain if they have any children or dependants in need of care and protection in case the female detainee is not released on cash bail or bond, and where children or dependants exist, appropriate follow up action may be taken;
(g)

a female police officer with strict regard to decency and privacy shall inform all female detainees that sanitary towels are available and if in need a female detainee may be issued with two sanitary towels at a time; and
(h)

where practicable female police officers shall be part of the escort for female detainees when being escorted from police station to the court.
23.

Handling child offenders
(1)

A police officer shall apply the following procedure when handling child offenders—

(a)

a police officer shall strictly observe the provisions of the Children Act when handling child offenders;
(b)

a police officer inquiring into a case where an offender under the age of eighteen years has been arrested with or without a warrant and cannot immediately be brought before a court of law, shall unless—

(i) the charge is one of murder or manslaughter or other grave crime;
(ii) it is necessary in the interests of the offender to isolate the offender from associating with an undesirable person; or
(iii) the police officer has reason to believe that the release of the offender would defeat the ends of justice,

release the offender, on a recognizance being entered into by the offender’s parents or guardian or other responsible person, with or without sureties, for such amount as in the opinion of the police officer, secure the attendance of the offender in court;

(c)

an accused persons who is apparently under the age of eighteen years shall not be confined in the same cells as adult prisoners, either male or female.
(2)

Where a police officer arrests a person under the age of 18 years the police officer shall immediately inform the parent or guardian of the offender when possible.
24.

Treatment and custody of intoxicated offender
(1)

An offender found unconscious, insensible or smelling alcohol shall be examined by a medical officer to check for any illness.
(2)

The Officer-in-Charge of a police station or other police officer instructed by him or her shall visit an intoxicated offender at least once every two hours and an entry to that effect made in the Occurrence Book.
(3)

The Officer–in-Charge of a police station may release an intoxicated offender on bail or bond once the offender is sober, unless there are reasons to the contrary.

25. Property of the detainee
(1)

A police officer shall list and keep in safe custody all articles including cash taken from an arrested person.
(2)

All monies shall be placed in an envelope, sealed and a note of the contents and the case file or detainee’s property receipt number shall be recorded on the outside of the envelope which shall be kept in a safe or cash box provided for this purpose.
(3)

The police officer shall issue a detainee’s property receipt in respect of property of each detainee.
(4)

A police officer who fails to record a detainees property in the detainee’s property receipt book as well as those who record but fail to surrender the receipt to the detainee on release shall be guilty of a disciplinary offence.
(5)

The detainee shall check the articles at the time they are taken from him or her, and again when they are returned.
(6)

When owing to intoxication or other reasons, a detainee is unable to check his property at the time of search, such property shall be checked by two police officers and the detainee shall be asked to check it as soon as he or she is capable of doing so.
(7)

When a detainee is released from custody, his property shall be returned to him on presentation of the original copy of the detainee’s property receipt and his signature or thumb print placed in the appropriate place on the receipt.
(8)

This Order applies whenever a prisoner is removed from physical custody at a police station when being released, sent to court or being escorted to another station.
(9)

The property of a detained person shall be handled as follows—

(a)

all the property belonging to a detainee shall be recorded in a detainees' property receipt book which shall be an accountable document and shall be maintained and inspected in the same way as a cash book;
(b)

when a detainee is transferred from police custody to prison custody and leaves property in the possession of the police, the property shall be safeguarded or disposed with the detainee’s consent to a person known to the detainee;
(c)

if disposal under h (b) is not possible, the officer-in-charge of the police station shall label the property with the name of the owner, his prison number, probable date of release from prison and the case file number;
(d)

the officer in charge of a police station shall inform the officer-in-charge of the prison to which the detainee has been committed that the property is in his possession and a copy of the letter filed in the relevant case file;
(e)

when the detainee is released from prison the officer-incharge of prison shall hand over the property from the police station and, at the inform the officer-in-charge of police station concerned of the date of release;
(f)

in cases where a detainee's home is outside the sub-county where the detainee was serving his prison term and where he has left bulky property, the officer-in-charge of the prison shall, not less than one month before the prisoner is released, notify the officer-in-charge of the relevant police station, requesting him to forward the detainee's property to the police station nearest to the detainee's home;
(g)

if the property is not reclaimed by the detainee within onemonth from the date of his release, the officer-in-charge of the police station shall treat such property as unclaimed and act in accordance with the provisions of the National Police Service Act (Cap. 84);
(h)

an inventory or description of a detainees property presented before a magistrate shall state the circumstances that led to the acquisition of such property by the police; and
(i)

all lost and found property shall be recorded in the Lost and Found Property Register with a clear notification that such property is being held pending collection by the owner, and as such shall not be proclaimed.
26.

Taking fingerprints

The circumstances in which detainees in police custody shall be finger printed are as provided in Appendix 15(a).
27.

Remand detainees
(1)

Except where special arrangements exists, all remand detainees in prison custody required to be produced in court shall be taken into police custody at the prison and remain in such custody until returned to the prison or discharged by the court.
(2)

If a detainee is further remanded or committed for trial or sentenced to a term of imprisonment, he or she shall be returned to the prison custody with relevant court warrant.
(3)

A convicted detainee who is required to be produced before court as a result of a production order is the responsibility of the prison officers and shall be in their custody.
(4)

Detainees on remand or those committed for trial and who are required to appear before the Superior courts, or Subordinate courts shall be brought and held in respective court cells manned by prison officers and their subsequent production before the appropriate court shall be the responsibility of the prison officers.
(5)

A detainee discharged by the court shall not be released until it has been ascertained that there are no further charges pending against him or that he or she is not serving a prison sentence.
(6)

Where a detainee is facing more than one charge, the Officer-in-Charge of the Police Station or investigation shall endorse the particulars of all charges in red ink on the case file cover or charge sheet, if it is a petty charge case, and cross reference them against each other to ensure that in the event of the prisoner being acquitted or discharged in one case he or she is not set free but remanded further to answer the other outstanding charges.
(7)

Remand warrants shall be checked against the prisoners efore the detainees are taken over by the police and signed for in the Remand Disposal Register maintained by the prisons authorities.
(8)

Detailed instructions concerning the custody of remand prisoners shall be embodied in local Standing Orders.
28.

Remand in police custody

A request to the court for a prisoner to be remanded in police custody shall only be made on the authority of the officer-in-charge of the sub-county and only in the circumstances enumerated in section 205 and 236 of the Criminal Procedure Code.
29.

Inquiry into allegations of ill treatment
(1)

Any allegation of ill treatment of prisoners, or of witnesses or other persons, or any suggestion of harsh or oppressive treatment by a police officer shall be the subject of an immediate inquiry, and where the facts warrant, disciplinary action or court proceedings shall be instituted against the police officer concerned.
(2)

An Officer-in-Charge of police stations shall be constantly on the alert to prevent any instances of ill treatment, which are detrimental to the good relation with the public and contrary to the police tradition.
(3)

Where a detained person dies in custody, the officer in charge of the police station shall notify the Independent Policing Oversight Authority and any other body required by law to be so notified for purposes of investigation.
30.

Escape from police custody
(1)

Detainees in police custody shall be strictly guarded to ensure no detainee may escape.
(2)

Every escape from police custody shall be the subjected to an immediate inquiry and an inquiry file shall be opened containing all details including the finding and subsequent action taken.
(3)

Inquiry files shall be completed from top to bottom and forwarded to the county or formation headquarters in the following manner–

(a)

Sub File A proceedings of inquiry;
(b)

Sub File B statement;
(c)

Sub file C summary;
(d)

Sub File D finding; and
(e)

Sub File E recommendation.
(4)

Pursuant to section 61 and the Sixth Schedule of the National Police Service Act (Cap. 84), every police officer shall adhere to the requirement that firearms may only be used when less extreme means are inadequate and for the following purposes—

(a)

saving or protecting the life of the police officer or other person; and
(b)

in self-defence or in defence of other person against imminent threat of life or serious injury.

Provided that arms shall not be used as authorized in this paragraph, unless the officer has reasonable ground to believe that he or she cannot otherwise prevent, the escape, and unless he or she gives warning to such a person that he or she is about to use arms against him and the warning is unheeded.
(5)

A sub-county police headquarters shall maintain an Escapes from Police Custody Register containing the following particulars—

(a)

serial number;
(b)

case file number;
(d)

brief detail of escape;
(e)

person found responsible; and
(f)

disciplinary or other action taken.
31.

Detainees in hospitals
(1)

The movement of the detainees in hospitals shall not be restricted by any form of mechanical hindrance including irons, handcuffs or chains without the consent of the medical officer.
(2)

Police officers guarding detainees in hospitals may at any time make a request to a medical officer to apply mechanical restraint to a detainee at any place in the hospital.
32.

Escape from prison custody
(1)

Immediately an escape from prison custody is reported, speedy action directed at the speedy recapture of the escapee shall be commenced.
(2)

If the escapee is not immediately recaptured, the following administrative measures shall be taken—

(a)

an immediate report shall be made by the prison officer to the nearest Police Station containing Treatment and custody of intoxicated offender

(i) a photograph of the detainee and the negative;
(ii) a full personal description of the escapee as recorded in the prison records;
(iii) the personal details of the detainee such as tribe, Sub County, home address;
(iv) a description of the clothes worn at the time of the escape (if known); and
(v) any information regarding the names and addresses of persons who have visited him in prison, to whom he or she may have written letters, or from whom he or she may have received letters;
(b)

where circumstances permit, the Officer-in-Charge of the police station shall in conjunction with prison officers organize an immediate search for the escapee;
(c)

the Officer-in-Charge of the police station shall make an immediate circulation of the escapee by the quickest means available to neighboring police station or police formation through whose area the escapee may pass or visit;
(d)

the Officer-in-Charge of police station shall send an "immediate" signal to "Criminal", Nairobi, giving the following particulars—

(i) name of escapee;
(ii) prison number;
(iii) criminal records office (C.R.O) docket number;
(iv) identity card number if known;
(v) tribe;
(vi) sub-County;
(vii) chief;
(viii) location
(ix) sub-Location;
(x) previous record if known;
(xi) date and time of escape; and
(xii) likely destination;
(e)

upon receipt of the "immediate" signal at the Identification Bureau, the Principal Criminal Registrar shall examine the record of escapee and in the light of the information contained therein concerning the number and type of previous convictions and any other circumstances or information relative to the escapee, shall decide whether or not a signal should be sent to the Police Station in the area to which the escapee belongs and to the last Police Station in whose area the escapee was convicted, as well as to any other Police Station area known to be frequented by the escapee;
(f)

the prison officer shall submit to the Police Station concerned two copies of Escape Reports in Prisons Form No. 31. in respect of escapes from prisons, or Form 31A in respect of escapes from detention camps;
(g)

the Officer-in-Charge of the Police Station shall forward one copy of the Form 31 or 31A to the Principal Criminal Registrar, Identification Bureau, respective Service Headquarters, Nairobi. If a warrant of arrest has already been obtained, this fact should be noted on the Prisons Form No. 31. or 31A and I or on the Prisons Form No. C. 8 entitled "Descriptive Form" when it is sent to the Identification Bureau;
(h)

the officer-in-charge of Police Station shall open a case file, enter, the offence in the Serious Charge Register, record statements and place them in the case file and also place in the case file one copy of the Prisons Form 31 or 31A and one copy of the "Descriptive Form" (C.8);
(i)

the Officer-in-Charge of the Police Station shall obtain a warrant of arrest which shall be placed in the case file. If he or she has not already notified the Identification Bureau of the existence of a warrant of arrest when submitting Prisons Forms 31 or 31A and Form No.C.8 "Descriptive Form" in accordance with h (vii), he or she shall now inform the Identification Bureau of the fact that a warrant has been obtained;
(j)

the Principal Criminal Registrar shall immediately inform the Central Registration Office of the full particulars of all escapees, regardless of whether or not they have been circulated in Police Gazette;
(k)

the Officer-in-Charge of the Police Station shall notify the Identification Bureau by signal immediately the escapee has been recaptured.

33. Pursuit of escapees

A police officer from whose custody a prisoner escapes, or is rescued, may pursue such prisoner to any place in the Republic and arrest him or her.

34. Detention of mental patients
(1)

Where a mental patient is taken into police custody, the following measures shall be put into place—

(a)

any police officer of or above the rank of Inspector or Officer-in-Charge of a police station may—

(i) take, or cause to be taken, into his or her custody any person whom he or she has reason to believe to be suffering from mental disorder or defect, and is found within the limits of his or her jurisdiction wandering at large;
(ii) shall take into custody any person within the limits of his or her jurisdiction whom he or she has reason to believe to be dangerous to himself or to other or, who by reason of such mental disorder or defect, acts or is likely to act, in a manner offensive to public decency; and
(iii) any person so taken into custody shall forthwith be taken before the nearest Magistrate;
(b)

the Officer-in-Charge of a police station who has reason to believe that any person within the limits of his or her jurisdiction is suffering from mental disorder or mental defects, and is not under proper care or control, or is being cruelly treated or neglected by any relative or other person having charge of him or her, shall forthwith report the fact to the nearest magistrate, who may order such person to be brought before him or her; and
(c)

when such person as is described in hs (a) and (b) is taken before a magistrate, the magistrate shall examine him or her, and if he or she considers that there are grounds for proceeding further, shall cause him/her to be examined by a medical practitioner, and make such other inquiries as he or she considers necessary.

35. Guarding mental patients
(1)

Mental patients shall be guarded in the following manner—

(a)

on being brought to the police station,the patient with mental disorder, shall be searched and his or her personal property, other than clothing, shall be removed and accounted for on a detainee’s property receipt which shall be checked by two officers. Such articles as belts, ties, strings or any article worn on the body with which the prisoner may use to inflict harm upon himself or any other person shall be removed and accounted for on the prisoner’s property receipt;
(b)

the officer accepting custody of any mental patient, before placing him or her in a cell, shall carry out an inspection of the cell in which he or she is to be detained to ascertain that such a cell is secure and that nothing remains in the cell which can be used by him/her to inflict injury upon himself or herself;
(c)

an entry shall be made in the Occurrence Book to the effect that the search as in h (b) has been carried out;
(d)

a mental patient shall be placed in a cell of his/her own. Under no circumstances may any other prisoner be placed in the same cell;
(e)

in all cases where mental patients are detained, the Officer-in-Charge of police station shall be informed immediately;
(f)

a special cells sentry shall be detailed in cells, should the mental patient become violent or attempt to injure him or herself by any means this sentry shall immediately report to the Officer-in-Charge of the Report Office. On no account shall this sentry enter the cell of the mental patient alone;
(g)

upon receipt of a report that the mental patient has become violent, the Officer-in-Charge of the report office shall proceed to the cell with sufficient constables to overpower the mental patient if necessary. One constable shall remain outside the cell, and not less than two shall enter the cell to prevent the patient from causing himself further injury. If necessary and practicable, the assistance of a medical Officer should be obtained;
(h)

all police officers dealing with mental patients shall appreciate that they are sick persons, and that their actions, therefore, shall be human, and only the minimum service required to restrain the mental patient may be used;
(i)

when meals are served to mental patient no knives, forks or other implements shall be placed in the cell, and the meal shall be consumed by him or her in the cell;
(j)

if the mental patient for any reason, has to be removed from the cell, not less than two police officers shall accompany him, and at no time shall he or she be left unobserved;
(k)

the use of handcuffs, leg irons or other mechanical means of restraint may only be resorted to on instructions of the Officer-in-Charge of the police station;
(l)

the provisions under paragraph 21 regarding female prisoners shall apply to female mental patients; and
(m)

when enforcing curfew, police officers shall consider street families and use minimum force to restrain the street families.

36. Sick detainees
(1)

An Officer-in-Charge of a Police Station who reasonably believes that a detainee is suffering from a communicable disease shall lock the detainee in a separate cell. Where the offence is bail able the detainee may be bailed out to seek medical attention.
(2)

Detainees in police custody shall enjoy the services of chaplaincy and counseling on weekly basis as determined by the police officer in charge of the police station.

37. Effecting arrests
(1)

In making arrests, police officers shall—

(a)

take all reasonable precautions in arresting and detaining persons to ensure against escape;
(b)

ensure the arrested persons have no weapons or other items that may inflict bodily injury or which may be required as evidence or exhibit in court;
(c)

responsible for the safety of arrested persons and their property;
(d)

exercise caution with firearms or other weapons at all times and particularly when in the presence of arrested persons;
(e)

secured and removed weapons from locations accessible to arrested persons;
(f)

treat arrested persons in a humane manner as provided for by law and they shall not be subject to physical force unless as required to subdue violence or ensure detention;
(g)

not strike any arrested person unless in self-defense, to prevent escape, or to prevent injury to another person; and
(h)

not verbally abuse arrested persons.
(2)

A police officer conducting a search on an arrested person shall do so in accordance with the National Police Service Act (Cap. 84).
(3)

A police officer shall not purchase or accept any item for personal use from any suspect or arrested persons or from anyone associated with any suspect or arrested persons.

38. Prohibition of bail posting and other transactions by officers.
(1)

A police officer shall not post bail for persons placed under arrest by a member of the Service, without the approval of the Officer-in-Charge of the respective Service within the county.
(2)

A police officer shall not accept money as bail or in payment of fines except in accordance with the provisions of the law.

WHEN TO TAKE FINGERPRINTS

1.

The fingerprints of all persons charged with offences specified hereunder shall be forwarded to the Identification Bureau, Box 30460, Nairobi, for record of previous convictions–

(a)

all Penal Code (Cap. 63) offences except common assault;
(b)

offences under any Act or Regulation when imprisonment of over six months may be imposed; or
(c)

any other offence, for which specific provision exists for enhanced punishment on reconviction.

THREE SETS TO BE TAKEN IN CERTAIN CASES
2.

One set of fingerprints together with a descriptive Form (C.8) shall be submitted to Police in Form 20 (red form for female accused and black for male accused).

In the following cases fingerprints shall be submitted in triplicate–

(a)

all persons of whatever race, of immigrant origin, who came to the country after the age of 16 years;
(b)

all persons believed to have been criminally convicted in any country outside Kenya. In such cases the country in which the accused is believed to have been convicted shall be indicated on the form;
(c)

all persons having badly scarred fingers or whose fingers for some reason have indistinct impressions. In the case of fingertips being scarred or amputated date of such scarring or amputation should be obtained and shown on the form; or
(d)

members of tribes living at or near the boundaries of neighbouring countries.

PROCEDURE WHEN ACCUSED CHARGED ON SEVERAL COUNTS
3.

In the event of a person being charged on more than one count, only one set of fingerprints shall be submitted unless the accused is one of the persons named in paragraph 2 above. Should he or she be charged with a number of offences which cannot properly be joined, fingerprints in respect of each charge shall be forwarded.

TWO OR MORE SETS TO BE CLIPPED TOGETHER
4.

When two or more sets of fingerprints of one person are submitted they shall be clipped together in order to avoid Identification Bureau staff carrying out double searches.

PARTICULARS TO BE COMPLETED
5.

Particulars of Police Form No. 20 shall be completed. Names shall be written in block letters and in full. Initials shall not be used, In the case of Asians; the father’s and grandfather's name shall be shown. Identity cards, when in the possession of the accused person, shall be used to obtain the correct name spelling and registration number. The date and place of birth of all persons of immigrant origin shall be shown in full. The certificates on the reverse of the form shall be signed by one of the persons indicated.

METHOD OF FORWARDING FINGERPRINTS

6. Forwarding of fingerprints shall be carried out as follows—

(a)

Nairobi area-Police Officers-In-Charge of Police stations in Nairobi Area shall ensure that fingerprints of all persons arrested and charged during the last 24 hours are delivered at Identification Bureau Service Headquarters, Nairobi by 7.30 a.m. each day, except weekends and public holidays. The certificate of previous/no convictions in respect of such fingerprints shall be delivered to the court nominated on the reverse of Police Form 20 at 12 noon and 3 p.m. on the same day.
(b)

remainder of the Republic- The fingerprints of any person taken under the provisions of paragraph 1 above, shall be forwarded immediately to the Officer-in-Charge Identification Bureau P.O Box 30460 Nairobi, for the certificates of previous/no previous convictions and shall be forwarded to the station concerned by return in respect of all such finger prints.

CHARGE SHEET TO BE ENDORSED
7.

The reverse of the charge sheet shall be endorsed in the appropriate space with the date on which the fingerprints of the accused were taken and dispatched to identification Bureau.

ACTION TO BE TAKEN ON CERTIFICATE
8.

The action to be taken on certificates is—

(a)

certificates of previous/no previous convictions shall be forwarded to the police station in quadruplicate, for disposal as shown in h (b) (i) to (ii).
(b)

it is essential that the information contained in criminal records is correct in every detail and sub-county Commanders shall be held responsible for the accuracy of the information supplied to the Identification Bureau. The officer completing the result of the trial shall proceed as follows—

(i) the original of the certificate shall be returned to the Identification Bureau immediately upon the conclusion of the case in court with the result of the trial shown in the correct space provided. The result shall be written legibly in ink or typewritten and shall be signed only by Prosecutor or the Station Commander concerned;
(ii) the duplicate, also endorsed with the result of the trial, shall be retained in the police file;
(iii) the triplicate shall be handed to the court clerk for attaching to the committal warrant, if any, should the accused have been sent to prison before arrival of the certificate, this copy shall be completed as in (i) above, and forwarded to the prison in which the prisoner is serving sentence;
(iv) the quadruplicate copy shall be handed to the court for filing in the court record;
(v) after completing the form, it should be checked to ensure that it refers to the person whose conviction is being recorded;
(vi) all sections of the form shall be completed in full and abbreviations shall not be used;
(vii) if the offence differ from the original charge an explanation shall be given;
(viii) where two or more offences are involved, the sentences in respect of each shall be given;
(ix) in the event of escape or non-appearance of the accused in the circumstances which necessitate his/her being circulated as a wanted person, all four copies of the previous conviction certificate shall be returned to the Identification Bureau, accordingly endorsed. Upon ubsequent arrest of the accused, new set of fingerprints shall be taken and submitted; and
(x) in all cases where a duplicate case file is submitted to the Legal Department for the attention of State Counsel, as laid down in Guideline to Criminal Investigations of these Service Standing Orders, 2 copies of the certificate could be included in this file and shall be afterwards dealt with as in (iii) and (iv) above. The remaining two copies should be retained in original case file and on completion of trial shall be dealt with as in (i) above.

COMMITTAL WARRANTS
9.

(In circular to Magistrates No. 15 of 1956, Magistrates having been informed that there is no objection to the handing of a quadruplicate copy of the committal warrant to the police for their records.) In all proceedings before a Magistrate, the Court Prosecutor shall obtain a copy of the committal warrant which shall bear the left thumb impression of the accused in the space provided, and forward it to the Identification Bureau attached to the completed certificate of previous or no previous convictions.

PROCEDURE ON DENIAL OF PREVIOUS CONVICTION
10.
(a)

Should an accused person deny any or all of the convictions recorded against him, Magistrates may remand the accused for fourteen days. His/her fingerprints shall then be taken and sent to the Identification Bureau, who shall issue a fresh certificate on the relevant form.
(b)

The officer who took the fingerprints shall then produce this form to the court on the adjournment date. This certificate if properly produced shall be prima facie evidence of all the facts it contains (circular to magistrate's 4 of 1969 refers).

FINGERPRINTS OF SUSPECTS
11.
(a)

A "Two Hand" Collection of finger prints and palm prints of person known to commit offences allied to breaking and entering is maintained by the Identification Bureau Service Headquarters Nairobi. The object of the collection is to identify finger and palm prints found at scenes of crimes.
(b)

Palm prints of all persons suspected of or charged with any of the following offences shall be recorded on Form C.24 and sent to the Identification Bureau.

(i) breaking and allied offences;
(ii) robberies; and
(iii) theft of or from motor vehicles.
(c)

Form C. 24 shall bear the name of the accused, the police station and the charge register number and it shall be attached to the police Form 20 (fingerprint form) when it is submitted for previous convictions.

FINGERPRINTS: POLICE CLEARANCE CERTIFICATES
12.
(a)

Every person applying for a good conduct certificate shall be required to pay search fee as laid down from time to time by the Inspector General. This fee shall be payable irrespective of whether or not a certificate is subsequently issued and shall be credited to Treasury.
(b)

(Such application shall be dealt with as follows—

NAIROBI AREA and surrounding stations—

(i) all applicants shall be referred to Directorate of Criminal Investigators Headquarters where they pay the necessary search fee and be fingerprinted.
(ii) all other areas persons shall be advised to make application to the station of the area in which they reside.

The Officer-in-Charge of the police station shall obtain the applicant's fingerprints on Form C.24 and instruct him/her to pay the necessary search fee to the nearest Sub-County Headquarters. Finger prints (Form C.24) showing the miscellaneous Receipt number shall then be forwarded to the Directorate of Criminal Investigations. Headquarters, Nairobi with a covering letter quoting the applicant's address and reason for requiring the certificate. The original receipt shall be handed to the applicant. Particulars of any local knowledge adverse to the applicant's should be given.

Under no circumstances shall such applicants be referred to Criminal Investigation Department, Headquarters for their certificates.

(c)

If the check and search proves negative and no other detrimental material/information or previous conviction is disclosed a certificate to that effect shall be issued by the Director of Criminal investigation and forwarded to the applicant together with the fingerprints.
(d)

Applications received from persons residence from outside Kenya shall be referred to the Directorate of Criminal Investigation DCI Headquarters Nairobi.
CHAPTER 16 – BOMB THREATS AND TERRORISM

1. Procedures and responsibilities in event of bomb threats

(1)

The procedures and responsibilities set out in these Orders shall be employed in the event of a bomb threat targeted at the public, specific person, a building or any other facility.
(2)

It shall be the responsibility of a police officer to whom information has been given about a bomb threat incident to take the necessary measures to facilitate the coordination of efforts aimed at protecting the lives and property under threat.
(3)

The Service shall develop a Bomb Threats Operational Manual detailing instructions on how to manage bomb scene.

2. Steps after receiving a bomb threat
(1)

Upon receipt of information relating to a bomb threat in any part of the Republic the following measures shall be undertaken-

(a)

attempt to get as much information from the reporter as possible and immediately relay the information to the dispatch center;
(b)

police officers shall immediately be dispatched to the scene;
(c)

the Officer-in-Charge of the police station nearest to the area under threat shall be notified;
(d)

the Officer-in-Charge of the police station nearest to the area under threat shall immediately assess the seriousness of the threat and take the necessary action including—

(i) evacuating the area;
(ii) condoning off the area;
(iii) attempt to ascertain the location of the device if it has not detonated, the time of detonation, type of device, and any other characteristic feature of the device;
(iv) immediately enlisting assistance from a bomb technician, bomb squad, firefighting services, the Kenya Defence Force or any other body with specialized skill and knowledge; and
(v) taking any other measure aimed at ensuring the safety and security of people and property;
(e)

the Officer-in-Charge shall coordinate with other government agencies for purposes of sharing relevant information;
(f)

where a suspicious object is located, in the area under threat, necessary steps shall be employed to evacuate any persons within the vicinity without disturbing the object, until the bomb experts arrive at the scene; and
(g)

upon arrival of the bomb experts, the Officer-in-Charge shall share any information about the scene and allow them to take charge of the situation.

3. Threat received by telephone call
(1)

A police officer who receives a bomb threat through a call shall—

(a)

keep the caller on the line as long as possible;
(b)

write down all the information obtained from the caller in the exact words;
(c)

record all the information in the bomb threat record form which shall be kept near all phones; and
(d)

inform the relevant authorities.

4. Responsibilities
(1)

Bomb threats directed towards–

(a)

any member of the Service;
(b)

the public;
(c)

any building;
(d)

any facility; or
(e)

event,

whether received via mail or by phone by any police officer, shall be immediately reported to the police stations, posts, outposts, units, unit bases or higher authorities.
(2)

In areas where the Kenya Defense Force is present, they shall be notified and their assistance sought.
(3)

The responsibility for investigating bomb threats rests with the bomb technician or bomb squads.
(4)

The bomb squad shall notify other relevant agencies of any bomb threat.
(5)

The responsibility for directing the evacuation of any facility or event shall rest with the Officer-in-Charge or designee.
(6)

Any police station, post, outposts, unit, unit bases or any police formation shall dispatch a situation report to the Service headquarters and county commanders and sub-county commanders and the police station as the case may be.

5. Investigation
(1)

A police officer receiving a report of a bomb threat from any person shall interrogate the person and determine the legitimacy of the report.
(2)

Depending on the nature of the information obtained, decision shall be made to conduct a preliminary search of the facility or to immediately begin evacuation procedures.
(3)

If time permits, a preliminary search of the facility shall be conducted before any evacuation is conducted.
(4)

Preliminary searches shall be performed by trained Service personnel with the assistance of appropriate maintenance, caretakers, custodial or personnel familiar with the area or facility.
(5)

In conducting preliminary searches, the Officer-In-Charge shall involve the occupants of any building without disrupting the ormal business unless circumstances require evacuation to be carried out.

6. Emergency Response

The Officer-in-Charge shall, in accordance with the procedures set out in the Bomb Threats Operational Manual, employ appropriate fire and medical personnel and equipment in the affected area.

7. Bomb Extraction

Any suspected bomb or suspicious object shall be dealt with in accordance with procedures set out in the Bomb Threats Operational Manual.

8. Scene of Explosion
(1)

Whenever an explosion occurs, the scene shall be preserved until the bomb technician or squad arrive to—

(a)

perform initial post blast investigation;
(b)

stop any threat; and
(c)

provide any support needed.
(2)

In case of casualty that requires immediate medical attention, the Officer-In-Charge shall arrange for an evacuation team to conduct tactful removal without disturbing scene integrity.
(3)

Dead bodies, where possible, shall stay at the scene and be removed in accordance with the procedures set out in the Bomb Threats Operational Manual.
(4)

The Officer-In-Charge shall interview any person willing to give information on what they witnessed.
CHAPTER 17 – CHANGE OF COMMAND

1. Handing over notes and certificate

(1)

A police officer handing over shall prepare for the successor, handing over notes relating to command and a handing over certificate in Form contained in Appendix 17(a).
(2)

The handing over notes and handing over certificate shall be completed by both officers in the following circumstances—

(a)

on change of command of any police establishment; or
(b)

where the police officer in charge of a police establishment is away as a result of transfer, redeployment, leave, course or for any other reason as the case may be.
(3)

The notes referred in h (1) shall be brief and concise and compatible with their object and where necessary reference may be made to the relevant correspondence.
(4)

The format for the preparation of handing over notes is as set out in Appendix 17(b).
(5)

The handing over report shall contain the following two Parts—
(a)

name of the County, Sub-County, Station or Post;
(b)

names and number of Sub-Counties, where applicable;
(c)

names and number of posts, where applicable;
(d)

names of heads of departments, where applicable;
(e)

political and administrative environment;
(f)

crime index;
(g)

culture, tradition and social orientation; and
(h)

socio-economic activities
(a)

number of personnel under command together with their details;
(b)

firearms and ammunition under custody;
(c)

stores and facilities;
(d)

welfare; and
(e)

comments on the incidence of crime and the method adopted for its suppression and detection and attention shall be drawn to all important cases and procedures suggested for their investigation.
(6)

The handing over notes referred to in h (1) shall be—

(a)

the medium through which the incoming officer shall be guided on matters which have been engaging the attention of their predecessor; and
(b)

to ensure and enhance continuity of policy in the Service.

2. Confidential reports on personnel
(1)

In addition to the handing over notes and certificate issued to the incoming officer, the officer handing over shall attach to the handing over notes and certificate, a separate confidential report on the ability, efficiency, zeal and characteristics of personnel.
(2)

The confidential report shall contain the Service number and rank of each officer quoted against their name.
(3)

The report shall not materially differ from the last Annual Confidential Report and it may be sufficient to make reference to it.

3. Confidentiality to be maintained

Every copy of the handing over notes and reports on personnel shall be transmitted under confidential cover.

4. Resuming command on return from leave
(1)

The contents of handing over notes shall depend on the knowledge of the formation and its area already possessed by the incoming officer.
(2)

On return of a police officer to command held by such officer immediately prior to proceeding on leave, it shall be sufficient for the handing over officer to provide the officer resuming command with brief notes on changes, events and challenges which may have occurred during their absence.
(3)

A police officer handing over command to their successor, where the successor has no previous knowledge of such command, the officer handing over shall furnish the officer with a comprehensive outline of all aspects of the command.

5. Actions to be taken
(1)

On change of county command, the original copy of the report shall be retained at the County or Formation headquarters, and a copy of the handing over notes and certificate together with two copies of confidential reports referred in h (1), shall be forwarded to—

(a)

the respective Deputy Inspector-General;
(b)

the Director of the Directorate of Criminal Investigation;
(c)

all Gazetted Officers within the County or Formation;
(d)

all members of the Inspectorate; and
(e)

the senior members of the civilian staff within the Sub County including those attached to Transport, Communications and Traffic.
(2)

On change of sub county command—

(a)

the original of the handing over notes and certificate shall be retained at the Sub-County Headquarters and two copies of the handing over notes and certificate together with three copies of confidential reports referred to in h (2) shall be forwarded to—

(i) all Gazetted Officers within the Sub-County;
(ii) all members of the inspectorate; and
(iii) senior members of the civilian staff within the Sub-County including those attached to Transport, Communications and Traffic.
(b)

the County or Formation Commander shall transmit one copy of the notes and certificate and two copies of the confidential reports on personnel, with their observations to the respective Deputy Inspectors-General and Director, Directorate Criminal Investigation;
(c)

all Sub-County records, stores, equipment, arms and ammunition shall be checked and any deficiency recorded in the handing over certificate;
(d)

the taking over officer shall personally check the Sub County imprest account, if any, and record in the handing over certificate details of cash balance, paid or partly paid vouchers, and amounts claimed as reimbursement, the total which shall conform to the authorized imprest; and
(e)

the details of Revenue and Welfare Fund, both cash and bank balance shall also be recorded in the certificate.
(3)

On station or post change of command—

(a)

the original handing over notes and confidential reports shall be retained at the police station or post and two copies of the handing over notes, certificate and three copies of the confidential reports on members of the Inspectorate and Non Commissioned. Officers shall be forwarded to the Sub County Headquarters;.
(b)

the Sub-County Commander shall retain one copy of the handing over notes and forward the other with their comments to the County or Formation Commander; and
(c)

all station records listed in the Records Order of these Service Standing Orders shall be checked and stores, equipment, arms and ammunition verified against the inventory book and any deficiency noted in the handing over certificate.

6. Visits to formation on change of command
(1)

On the change of command of a County or Sub-County, every subordinate Formation shall be visited by the officer handing over and the successor concerned and where it is not practicable to undertake such visits, visits may be confined to the more important of the subordinate formations.
(2)

Despite h (1), the officer handing over and the successor shall comprehensively discuss each Formation and study together all matters affecting the security of the County or Sub-County.
(3)

Subject to h (1), where it is not practicable to visit all subordinate Formations in the process of the change of command, the incoming officer shall do so as soon as is practicable after the change of command has been effected.

I acknowledge having taken over form.............. all arms, ammunition, furniture, equipment, stores, found property and exhibits according to formation records. I have also received balance of cash as follows:-

Imprest

Kshs.

Cash.......................

.................................................

Paid Vouchers.....................................

...................................

Partly Paid Vouchers......................

...............................

Reimbursement claimed......................

........................................................

Video Ref...............................

Of..........................................

Total............................

Authorized imprest......................

.................................................

Revenue......................................

.................................

Welfare Fund Cash.........................

......................................

Bank/Post Office Savings.....................

..................................

Plus safe keys (enumerated hereunder), formation records and correspondence, and the handing over notes of my predecessor.

Further, I have received:-

(a)

.............................. copies of the secret pamphlet containing the Memorandum of Instructions in case of Civil Disturbances.
(b)

Secret seal
(c)

Police Code and Instructions for using
(d)

Local Internal Security Scheme(s)

REMARKS (To include particulars of safe keys, discrepancies, missing stores, police case files and exhibits)

Office handing over

Office taking over

Date:....................

NB: Items not applicable shall be deleted

Both officers concerned shall retain a copy of the handing/ taking over notes and certificates and the original shall be filled at the formation.

APPENDIX 17(b) — NATIONAL POLICE SERVICE HANDING OVER NOTES OF.................... COUNTY/FORMATION/SUB-COUNTY/STATION BY.................... TO...................... ON.............................

1. Introduction (the area of Command and Boundaries).

2. Security situation and any problems connected therewith

3. Establishment and its adequacy:-

(a)

Personnel; and
(b)

transport (condition of vehicles and quality of servicing to be commented on).

4. Communications.

5. Buildings (adequacy and condition):—

(a)

Offices
(b)

Residential: All officers; and
(c)

Future Development proposals

6. Incident of crime (methods for its suppression and aids available for detection; details of any serious or important current cases to be given).

7. Stores, equipment, arms and ammunition (state availability and procedure for obtaining and issuing to subordinate formations).

8. Vote control (the state of each vote showing actual allocation and expenditure up to the date of change of command).

9. Pay procedure.

10. Conference: Sub-County Station/Post Commanders meetings including intelligence and security committee meetings.

11. Training and development of personnel.

12. Inspection and visits to subordinate formations.

13. Welfare.

14. Discipline and morale.

15. Courts and relations with the judiciary.

16. Relations with the Administration, County and National Government bodies.

17. Brief notes on the V.I.Ps including Members of Parliament and Trade Union officials living the area.

18. General (to include any other problem peculiar to the formation).

19. Conclusion.

............................

Handing-over suffer

Date:......................
CHAPTER 18 – CHAPLAINCY
1.

Legal Framework
(1)

There is established a Police Chaplaincy Service within the National Police Service pursuant to Article 32 of the Constitution of Kenya.
(2)

Police chaplains shall be deployed at the service headquarters, county or formations, sub-county, station and wherever officers of the Service are deployed.
2.

Scope of Chaplaincy Regulation

This Chaplaincy Orders applies to all police chaplains deployed within the National Police Service, regardless of their religious affiliation.
3.

Objectives
(1)

The Chaplaincy objectives in the National Police Service shall include–

(a)

to provide stress management to officers and their families;
(b)

to provide spiritual nourishment to officers and their families;
(c)

to promote moral values and inculcate integrity in the lives of officers and their families;
(d)

to provide spiritual guidance and counseling to officers and their families;
(e)

to accompany and provide social, psychological and spiritual support to officers on active operations;
(f)

to provide psychological debriefing after operations; and
(g)

to provide critical incident stress management.
4.

Administration
(1)

The Chaplaincy Program shall be administered under the respective Deputy Inspectors-General in the National Police Service through the Chaplaincy Board.
(2)

The Chaplaincy Program shall be administered in three branches at the respective Service Headquarters level, namely—

(a)

Protestant Chaplaincy;
(b)

Catholic Chaplaincy; and
(c)

Islamic Chaplaincy.

5. Role of the Chaplin
(1)

The Chaplain's role shall be to offer clerical, psychological and moral support to all members of the service.
(2)

Where a police officer has a need for support from a specific faith, the available Chaplain shall provide the initial support and then refer him or her to the appropriate person.

6. Chaplaincy Board
(1)

There is established Chaplaincy Boards in both services, consisting of—

(a)

the respective three principal Chaplains;
(b)

three co-opted members appointed by the principal human resource management officer; and
(c)

an ex-official member appointed by the respective Deputy Inspector-General.
(2)

Two thirds of the membership shall form the quorum for all Board meetings.
(3)

A particular faith or branch of Chaplaincy shall not be represented to the exclusion of others.
(4)

The Chaplaincy Board shall at all times administer the affairs of the Chaplaincy in a fair and just manner and without any form of discrimination.

7. Duties and Responsibilities of the Board
(1)

The Chaplaincy Board shall—

(a)

determine the applications for the position of Police Chaplain based on the qualifications stated in this policy document;
(b)

elect other officers and committees as it deem necessary;
(c)

develop and make determinations on revisions and amendments to the Chaplaincy Service Policies, Procedures, Code of Conduct and other matters;
(d)

hear sensitive issues including Chaplain Code of Professional Ethics violations, personnel matters, complaints or misconduct observed of a police officer by a Chaplain or of a Chaplain by a police officer; and
(e)

any other task delegated to it by the respective Deputy Inspector-General.
(2)

All issues will be addressed and recommendations made depending on the seriousness or severity of the issue and the matter may be referred to the respective Deputy Inspector-General by the Board for direction.

8. Appointment and Termination
(1)

The appointment and termination of police Chaplains shall be the responsibility of the respective Deputy Inspectors-General in consultation with the Inspector-General and determination by the National Police Service Commission upon recommendation of the chaplaincy board.
(2)

The Board may suspend any police chaplain from the service for violation of the National Police Service Standing Orders, policy and procedures or Chaplains’ Code Of Professional Ethics.
(3)

The suspension may also result in revocation of status as a police Chaplain.
(4)

The religious body that recommended the Chaplain will be informed accordingly.
(5)

Police Chaplains shall be appointed on permanent and pensionable basis, or on contract or volunteer basis.
(6)

The number of Chaplains required shall be at the discretion of the respective Deputy Inspector-General who shall regularly review identify the requirements.
(7)

Chaplains shall wear such insignia of rank as the respective Deputy Inspector-General may approve from time to time.

9. Procedure for becoming a police chaplin
(1)

An individual who wishes to apply for the position of a police chaplain shall make an application in writing to the respective Deputy Inspector-General.
(2)

A religious organization may be requested by the respective Deputy Inspector-General to second a chaplain who satisfies the set requirements for consideration as a chaplain.
(3)

The Chaplaincy Board shall interview the candidates and the Board shall then forward the names of recommended candidates to the respective Deputy Inspector-General for further action.

10. Duties and Responsibilities of a police Chaplain
(1)

The police Chaplain shall—

(a)

advice the respective Deputy Inspectors-General and the Commanders on matters relating to religion concerning members of the Service;
(b)

plan and coordinate religious activities within the Service such as officiating religious ordinances;
(c)

be answerable to the Inspector-General for the general supervision and deployment of all chaplaincy personnel under their command;
(d)

be responsible for overseeing chaplaincy work under their jurisdiction;
(e)

be responsible for the implementation of chaplaincy policies;
(f)

source and disseminate literature and other materials relevant to the advancement of police chaplaincy;
(g)

serve as a member of review boards, promotion boards, Crisis Response Team or other committees on invitation;
(h)

identify training needs and facilitating courses for chaplains and police officers relevant to the chaplaincy ministry and officers’ well being;
(i)

respond and liaise with disaster committees;
(j)

prepare budget proposals for the running expenses of his or her unit; and
(k)

establish police chapels or fellowships or mosque where there are none.
CHAPTER 19 – CIVILIAN FIREARMS CONTROL

1. Licensing officers

(1)

There is established the Firearm Licensing Board.
(2)

The Board shall be appointed by the Cabinet Secretary and shall consist of–

(a)

a chairperson;
(b)

two representatives from the National Police Service one of whom shall be from the Directorate of Criminal Investigation;
(c)

one representative from the Office of the Attorney-General;
(d)

one representative from a private members group of lawfully registered gun owners;
(e)

one representative from the Kenya Wildlife Service; and
(f)

one representative from the National Focal Point.
(3)

There shall be a Secretariat of the Board which shall consist of such officers as may be necessary to discharge its duties under this Order.
(4)

The persons serving as licensing officers immediately before the commencement of this order shall be deemed to be officers of the Secretariat referred to in paragraph (3).
(5)

The functions of the Board shall be to−

(a)

certify the suitability of applicants and periodically assess proficiency of firearms holders;
(b)

issue, cancel, terminate or vary any licence or permit issued under this Order;
(c)

register civilians firearm holders, dealers and manufacturers of firearms under this Order;
(d)

register, supervise and control all shooting ranges that are registered under this Order;
(e)

establish, maintain and monitor a centralized record management system under this Order;
(f)

perform such other functions as the Cabinet Secretary may prescribe from time to time.

2. Duty to guide applicants to fill forms
(1)

The station or Sub-County Commander shall—

(a)

receive all applications for grant or renewal of a firearm certificate; and
(b)

where necessary guide the applicants to fill the required forms.
(2)

The station or Sub-County Commander shall be guided by the notes set out under Appendix 19(a) in fulfilling the duty referred to in subparagraph (1).

3. Fire arms and ammunition storage
(1)

For the purpose of this Chapter, the expressions "firearms", "ammunition" and "explosives" shall have the meanings assigned in the Firearms Act, and Explosives Act, respectively.
(2)

Civilian firearms and ammunition shall not be stored in police armories for more than one month.
(3)

Police officers shall ensure utmost care for civilian firearms deposited with the police to avoid accidental damage or deterioration.
(4)

Where a privately owned firearm is damaged while in police custody, such damage shall be reported immediately to the InspectorGeneral through the authorized channels with full details which led to such damage.

4. Procedure on firearms deposited with the police

The following procedure shall be adopted and adhered to in dealing with firearms and ammunition deposited with police for safe storage or safe keeping—

(a)

all firearms or ammunition handed in or seized by the police, shall be recorded in the Civilian Firearm Register, labelled and an official receipt issued to the depositor;
(b)

the firearm shall be examined and if any defects are noticed, the attention of the depositor shall be drawn towards such defects and details of the defects endorsed on the official receipt;
(c)

an endorsement by the depositer shall be made on the label which is affixed to the firearms;
(d)

the depositor shall be advised on the one month maximum storage period, and where there is a default of such requirement, the items may be liable to be forwarded to the Central Firearms Bureau and after such forwarding to the Bureau such forwarded items shall not be released to the depositer except on production of a valid Firearms Certificate or Temporary Permit; and
(e)

firearms shall not be accepted in locked boxes, unless the key is left with the container.

5. Conditional storage
(1)

Where the owner of firearm or ammunition wishes to deposit their firearm or ammunition at a police station for safe custody when not in use, such firearms and ammunition shall only be accepted if there is a condition that such owner may do so in their Firearms Certificate.
(2)

If acceptance is made in accordance with h (1), the provisions of paragraph 4 shall, with necessary modifications, apply.

6. Long term storage
(1)

Where firearms or ammunition are handed in for a period that exceeds the stipulated one month, the depositor shall be informed on the movement of such firearm or ammunition to the Central Firearms Armory for safe keeping and may be retained for a maximum period of three months, after which the owner shall be required to make alternative arrangements.
(2)

If acceptance is made in accordance with subparagraph (1), the provisions of paragraph 4 shall apply with necessary modifications.
(3)

Immediately on receipt of the firearms or ammunition as provided in h (1), details of the licensed owner and the items deposited shall as soon as is practicable, be reported to the Chief Licensing Officer.

7. Lost or stolen firearm

A police officer, on receipt of information that a firearm or ammunition has been lost or stolen, the type, make, calibre and number of the firearm in question shall, together with the full name and address of the owner, be reported by signal to Central Firearms Bureau.

8. Firearm found or recovered
(1)

The type, make, calibre and number of all firearms found or recovered by or handed to any member of the Service shall be reported by signal to the Central Firearms Bureau, where the records of such firearm shall be checked.
(2)

The results of such check referred to in h (1) shall be forwarded to the reporting formation by the fastest available means.
(3)

Where the identification number of the firearm is obliterated in any way, the firearm in question shall be forwarded to the Directorate of Criminal Investigations Headquarters Nairobi for examination.
(4)

Despite the foregoing, there is no necessity to report to the Central Firearms Bureau the recovery of ammunition, unless the quantities are large or contained in packages which might assist tracing the cases.
(5)

If a firearm or ammunition is recovered from a person not authorized to have possession, their name, full particulars and a short report of the facts shall be sent to the Central Firearms Bureau.
(6)

An up to date record of lost, stolen or recovered firearms shall be maintained by the Service at the Central Firearms Bureau.

9. Disposal of firearms or ammunition
(1)

Firearms and ammunition identified as the property of the Government shall be returned to the respective Chief Service Armoirer, in accordance with the provisions provided in paragraph 8.
(2)

Firearms and ammunition identified as the property ofcivilians shall not be returned to the owners until the Central Firearms Bureau authorization has been obtained.
(3)

Subject to any other relevant law, where ownership of a firearm or ammunition cannot be determined, it shall be treated as found property and disposed off as provided in this Chapter.
(4)

Where a magistrate orders that firearms or ammunition be disposed off at the discretion of the Inspector-General, such firearms or ammunitions shall be forwarded to Central Firearms Bureau in the following manner, together with a copy of the court order—

(a)

the officer-in-charge of the police station shall by order forward the items to the respective sub-county headquarters with the details provided in h (c);
(b)

on receipt of such items referred to in subparagraph (c), the sub-county commander shall make arrangements for the items to be forwarded without delay to the Central Firearms Armory;
(c)

every consignment of arms or ammunition taken to the Central Fire-arms Armory shall be accompanied by a list in triplicate giving the following details—

(i) name of licensed owner;
(ii) address of licensed owner;
(iii) calibre, type and identity number of each weapon;
(iv) quantity of ammunition; and
(v) if any station receipt number; and
(d)

on arrival of the consignment at the Central Firearms Armory, the triplicate copy shall, after checking, be signed, stamped and returned to the Sub-County Commander for retention in their records.

10. Deposits resulting from Central Firearms Bureau’s Instructions
(1)

Where a firearm is deposited by the owner following instructions received from Central Firearms Bureau because of revocation of a Firearms Certificate or similar action, such firearms shall be accepted, recorded and disposed off by the Central Firearms Bureau in the manner provided in paragraph 4(d).
(2)

An official receipt shall be issued to the owner who deposits their firearm in accordance with h (1).

11. Security of firearms in transit
(1)

Except as otherwise provided in this Chapter or any other relevant laws, all firearms and ammunitions while being transported shall be provided with proper police escort.
(2)

Where security is necessary to transport civilian firearms or firearms and ammunition by road, the officer authorizing such movement shall ensure that a proper police escort is provided to ensure safe delivery of the consignment.
(3)

The Service shall ensure the most suitable and secure means of transport is used to transport firearms and ammunition.
(4)

Licensing officers may issue removal permits for small consignments to be transported without escort.

12. Firearms and ammunition required as exhibit
(1)

All firearms and ammunition which are found or recovered by or handed over to the police and which are required as court exhibits shall be properly labeled and retained in local policearmories until they are handed into court as exhibits.
(2)

Where the owner of the firearm or ammunition in question is the accused person, prosecuting officers shall draw the attention of the court to sections 36 and 37 (2) of the Firearms Act.
(3)

Government owned firearms and ammunition shall be returned to the Department concerned.
(4)

Firearms and ammunition against which a court order has been made shall be taken possession of by police and dealt with in accordance with paragraph 4(c) and a copy of the Court Order shall accompany the firearms to the Central Firearms Bureau.

13. Home made firearms
(1)

A homemade firearm found or recovered by or handed over to a police officer and which is not required as a court exhibit shall—

(a)

be destroyed by the nearest police premise armoirer unless the respective County Commander directs otherwise; and
(b)

not be retained as a souvenir.
(2)

The method to be adopted for destroying the firearm referred to in this paragraph shall ensure—

(a)

the weapon is dismantled as far as possible; and
(b)

each part is broken or, in the case of the barrel, crushed flat.

14. Explosives and detonators
(1)

An explosive and detonator found by, or handed over to a police officer and which are required as court exhibits, shall be properly labeled and retained in the local police station armory until handed into court as exhibits.
(2)

All such explosives and detonators which are not required as court exhibits shall be properly labeled recorded in the Lost and Found Property Register and retained at the local police station armory pending disposal instructions from a magistrate.
(3)

In accordance with the section 63 of the National Police Service Act (Cap. 84) and section 38 of the Firearms Act (Cap. 114), an order shall be sought from a magistrate seeking the immediate disposal of explosives and detonators.
(4)

Pending a magistrate’s order for the disposal of explosives or detonators, such explosives or detonators shall be stored separately and detonators packed as provided in rule 9 of the Explosives Rules.
(5)

In lieu of the fact that explosives, when found or recovered by or handed over to the police may be in a dangerous condition, the Officer-in-Charge of the police station concerned shall cause such explosives to be examined by the local Inspector of Explosives as soon as is practicable and, if so advised by such inspector, make immediate application to a magistrate for an order to destroy them and shall not be kept as described in hs (2) to (4) unless the Inspector of Explosives states that it is safe for the explosives to be kept.
(6)

A police officer shall ensure that utmost care is taken in the handling of explosives due to their volatile nature.

15. Prohibition of transmission of firearms through the means of post

A police officer shall not transmit any type of firearm, component parts or ammunition through the means of post.

16. Use of civilian firearms by police

Any firearm or ammunition found, or recovered by or handed over to any police officer shall only be used for carrying out such ballistic tests as may be required for purposes of evidence.

17. Notification of offences

All offences relating to Firearms or Ammunition, whether committed under the Penal Code (Cap. 63) or Firearms Act (Cap. 114) shall be reported to the Chief Licensing Officer immediately and the result of the prosecution notified as soon as is practicable.

1. STATION COMMANDER

(1)

Where there is an applicant for the grant of a firearm certificate, the station commander shall, on receipt of the application, take the following action−

(a)

hand the applicant two copies of "Form I",
(b)

assist the applicant to complete the forms properly,
(c)

check that all sections of the form have been correctly completed,
(d)

write on the top of one copy the word "DUPLICATE", and hand it back to the applicant informing him/her that he or she should post it direct to the Firearms Bureau at the following address: -

Chief Licensing Officer,

Central Firearms Bureau,

P.O. BOX 30263 - 00100,

NAIROBI.

(e)

advise the applicant not to send any money to the Central Firearms Bureau when forwarding his or her copy of the application;
(f)

the application shall be considered in a committee meeting comprising of—

(i) the Directorate of Criminal Investigations who shall be the chairperson;
(ii) a representative of the Administration Police Service;
(iii) a representative of the National Intelligence Service; and
(iv) the Officer in Charge of the respective station;
(g)

the members of the committee shall make recommendations on each application including—

(i) comments on the applicants character;
(ii) whether that applicant can be entrusted with a firearm without endangering public safety;
(iii) confirmation that the applicant has a real need for the weapon where the firearm is required for self-protection, crop protection or vermin control;
(h)

the committee members shall endorse the recommendations and forward it to the Officer in Charge of a Station to the sub county commander Kenya Police Service within 14 days.
(2)

where there is an application for renewal of a firearm certificate−

(a)

the Central Firearms Bureau shall send out reminders to certificate holders whose certificates are due to expire during the month and include the Application for renewal "Form 3", the Inspection "Form 16" and written instructions on the subject;
(b)

on receipt of the documents under paragraph (1), the certificate holder shall report to a police station and produce for inspection, his or her firearm certificate and all the weapons listed therein;
(c)

the Station Commander shall convene the committee meeting under paragraph 1(1)(f) and prepare the necessary documents for the meeting to−

(i) ensure that all the weapons on the firearms certificate have been produced for his or her inspection and If a weapon has been lawfully disposed of since the last renewal, there should be an authority from the Bureau; If the certificate holder fails to produce any of the weapons, the Central Firearms Bureau shall be notified.
(ii) check the manufacturer’s identification number against that shown on the Firearm certificate;
(iii) enter all the details including type, calibre and identification number of each weapon, on the "Inspection Form 16", sign and stamp it with the police station stamp;
(iv) check the particulars on the "Renewal Form 3" to ensure that they are correctly completed. Ensure that the details of each weapon agree with the "Inspection Form 16".
(v) return the firearm certificate, "Renewal Form 3" and "Inspection Form 16." to the applicant and advice him or her to post them direct to the Central Firearms Bureau, together with the appropriate license fee (do not accept such a fee nor undertake to send forms to the C.F.B.) See appendix 19. (c) for fees chargeable.
(vi) if the renewal is not recommended the Central Firearms Bureau shall be notified, but nothing shall be written on any of the forms which are handed back to the applicant and the message should be in the following form:—

".......................(Name)............... (Box No.)

.................(Township)................. (Firearms)

Certificate number (.) Renewal Application

Not recommended (.) Letter Giving Reasons follows (.)"

(vii)

unless any specific objection is received from the police station, Central Firearms Bureau shall renew the certificate.
(4)

Where there is an application for variation of a fiream certificate (increasing or changing of weapons), the Station Commander shall−

(a)

hand the applicant two copies of "Form 3" deleting the word "Renewal"
(b)

handle the application in the manner set out in paragraph (1) and forward the original application and the recommendation to the Sub-County Commander, Kenya Police Service, within 14 days.
(5)

Where there is an application for extra ammunition, the Station Commander shall advise the applicant to send his firearms certificate together with a letter giving reasons for requiring additional ammunition to the Central Firearms Bureau and by registered post.
(6)

Where there is an application for a temporary Permit to Possess in respect of an employee of a certificate holder—

(a)

the Station Commander shall obtain from the certificate holder the full particulars of the person who the temporary permit to possess a firearm is required;
(b)

the committee meeting under paragraph (1) shall be convened to consider the application and make recommendations which shall be endorsed by all members; and
(c)

if there is no detriment to the person who for whom the permit is required, the following letter shall be issued to the certificate holder—

".............................(name of person for whom permit is required).

Nothing is known at this station to the detriment of the above named person and there is no objection to the issue of a temporary permit.

He has resided in this area for .............

Years/Months.

(sgd)

.................. (Station Commander)"
(d)

if the person for whom the "Temporary permit to Possess" is required is known to the police officers within the police station or is on record of the station as having committed an offence,
(i)

the following letter shall be issued to the applicant—

".........................(name of person for whom permit is required).

It is considered that the above named should not be permitted to possess a firearm.

(sgd)

......................... (Station Commander)"
(ii)

communicate with the Central Firearms Bureau giving details of the reasons for the objection, on grounds of character, within 2 days;
(e)

in either case, the Station Commander shall advise the certificate holder to forward his/her application together with the letter issued under h (c) or h (d) direct to the Central Firearms Bureau and if the application is recommended advise the applicant to forward a fee of Kshs.500 per firearm.
2.

SUB-COUNTY COMMANDERS

The Kenya Police Service Sub-County Commander shall convene a meeting to be chaired by the Directorate of Criminal Investigations sub county commander and the Administration Police Service sub county commander as the secretary and the Kenya Police Service sub county commander and sub county National Intelligence Service representative as members, to draw recommendations which shall be endorsed by all members and then forwarded by the Kenya Police Service sub county commander to the Kenya Police Service county commander within 14 days.
3.

COUNTY COMMANDER
(1)

The Kenya Police Service county commander convenes a meeting to be chaired by the Directorate of Criminal Investigations county commander and the Administration Police Service county commander as the secretary and the Kenya Police Service county commander and county National Intelligence Service as members to draw recommendations which shall be endorsed by all members and then forwarded by the Kenya Police Service county commander to the Central Firearms Bureau within 7 days.
(2)

All applicants for the grant or variation of the firearms certificates shall be checked and forwarded with Sub-County Commanders’ recommendations to the Central Firearms Bureau within one week of the receipt.
4.

GENERAL
(1)

All station and Sub-County Commanders shall be fully conversant with this Chapter, in particular the part dealing with weapons stolen or recovered or used in the commission of criminal offences or seized. Details of such weapons should be communicated to the Central Firearms Bureau immediately.
(2)

Weapons deposited at Police Stations for safe custody shall be forwarded to the Central Firearms Bureau at the expiry of one month.
(3)

Sub County Commanders, on their visits to Police premises, should check the civilian weapons held to ensure that there is no delay in forwarding them to Central Firearms Bureau.
(4)

Civilian firearms shall be clearly labelled with the owner’s names and address and the calibre, make and identity number of the weapons. They shall be entered in the Civilian Firearms Register and an official receipt issued for all firearms and ammunition.
(5)

Weapons which are forwarded to Central Firearms Bureau shall be accompanied by a list in triplicate, containing the following details:-

(a)

name and address of the owner;
(b)

calibre, type and identity number of each weapon;
(c)

quantity and calibre of ammunition;
(d)

Station Receipt number.
(6)

Holsters, belts and ammunition pouches shall not be accepted by the police, but returned to the owners but fitted gun boxes, these may be accepted provided a list of the contents is made at the time of receipt, signed by the Station Commander and glued to the inside of the lid and gun covers should also be accepted.
(7)

A firearms certificate may be revoked where—

(a)

there is an incident concerning the holders of firearms;
(b)

a certificate holder is believed to be a threat to public safety and peace, and the revocation shall be communicated to the Central Firearms Bureau and confirmed by letter.
(8)

A holder of a firearm certificate shall apply for the renewal within one month of its expiry and if he or she fails to do so without a satisfactory and valid reason, the holder shall be prosecuted for being in possession of a firearm(s) without a valid certificate contrary to Sections 42 of the Firearms Act.
(9)

All types of forms of applications for firearms licenses shall be obtained from the Chief Licensing Officer, Central Firearms Bureau, Nairobi.

1. There are two aspects on which the Station and Sub-County Commanders are required to comment:

(a)

The suitability of the applicant to possess and use a firearm without danger to the public safety or the peace and this shall include an assessment of the applicant’s character, habits and general behaviour;
(b)

The "need" of the applicant to possess a firearm for the reasons given by him in his application.

2. If the application is for a firearm for sporting purposes in that the applicants wishes to take out a "Game Licenses" and shoot for sport and the Station/Sub-County Commander is satisfied that it is a genuine application, then the application may be recommended. In this case, the question of need does not arise.

3. If the application is in respect of a firearm for vermin control or crop protection involving the shooting of baboons, monkeys, snakes and small game, then the Commander shall confirm whether the applicant owns land, that he or she is troubled by the types of animals or birds he or she claims and as a result he is suffering considerable material loss of crops. The size of his/her Farm is also relevant. A man cultivating a half acre plot could not justify an application for a shot gun for vermin control.

4. If the application is in respect of a person who requests a certificate for a firearm for the purpose of "self-protection", this shall be carefully investigated. Very few applications of this nature are approved, as the police are generally capable of providing protection to the public in most circumstances. In extreme cases where the circumstances of a person’s employment or duties expose him to the danger of criminal attack, he or she may be permitted to possess a weapon for personal protection.

5. In granting or refusing the certificates, the licensing officers of the Central Firearms Bureau are largely dependent on the views of the Station and Sub-County Commanders and it is therefore essential that their recommendations are reasonably detailed and comprehensive.

6. In the case of renewals of certificates, should the Station Commander discover that the circumstance under which the original certificate was issued no longer exist, and he or she feels that the applicant has no need for a firearm, he or she should communicate with Central Firearms Bureau requesting that the certificate should not be renewed and follow this up with a letter giving reasons.–

For instance, a farmer who was originally authorized to have a 12 bore shot gun for vermin control on a large farm would not require the gun for this purpose if he or she sold the farm and moved to a town.
CHAPTER 20 – COMMUNITY POLICING

1. Obligation of the Service to promote relationship with the society

(1)

It shall be the obligation of every member of the Service to promote relationships with the broader society through community policing.
(2)

The Service shall develop a Community Policing Policy and implementation guidelines to prescribe the strategies and initiatives to be employed by the Service in engaging the broader society.

2. Objects of community policing

The Service shall liaise with communities through community policing initiatives, in order to achieve the objects set out in Article 244 (e) of the Constitution, through—

(a)

establishing and maintaining partnerships between the community and the Service;
(b)

promoting communication between the Service and the community;
(c)

promoting co-operation between the Service and the community in fulfilling the needs of the community regarding policing;
(d)

improving the rendering of police services to the community at national, county and local levels;
(e)

improving transparency in the Service and accountability of the Service to the community; and
(f)

promoting policing problem identification and policing problem-solving by the Service and the community.

3. Implementing community policing
(1)

A police officer shall implement community policing in accordance with Community Policing Policy and implementation guidelines.
(2)

While undertaking community policing, a police officer shall be guided by the following principles, community policing—

(a)

is not vigilantism where people take the law into their own hands;
(b)

does not bestow police powers on members of community or policing committees;
(c)

is not a form of employment;
(d)

is not a secret agency to undermine or betray the community and that the police officer is accountable to the communities they serve;
(e)

is not an oversight body over the police by the community; and
(f)

is not a temporary undertaking but a continuous process of learning and developing where the community may develop strong bonds of trust and confidence and better communication with its police service.

4. Structures for implementing community policing
(1)

Community policing shall be implemented through community policing committees and such other structures that may, from time to time, be put in place for purposes of promoting relationships between the Service and the broader society.
(2)

The County Policing Authority is responsible for the establishment of structures for implementation of community policing in respect of each county, in accordance with section 97 of the National Police Service Ac (Cap. 84).
(3)

A police officer-in-charge of an area shall facilitate the establishment of area community policing committees and other administrative structures, in consultation with the relevant stakeholders.
(4)

A community policing committee in an area shall be responsible for implementing the objects of community policing within that area.
(5)

The committee shall, in accordance with section 98(2) and (3) of the National Police Service Act (Cap. 84) consist of—

(a)

representatives of community policing forums in the area concerned elected for that purpose by such policing forums;
(b)

a station commander or administration police post commander; and
(c)

the members elected by the community from time to time for that purpose shall be members of the community policing committee concerned.
CHAPTER 21 – COMPLAINT PROCEDURE

1. Fair administrative action

(1)

The procedures and mechanisms for addressing complaints shall—

(a)

facilitate the expeditious, efficient,lawful and reasonable, impartial and procedurally fair methods of resolution of complaints;
(b)

make the police accountable to the public for their actions;
(c)

ensure independent handling of complaints by the Service; and
(d)

enhance confidence in both the public and the police in the handling of complaints against the Service.
(2)

If a right or fundamental freedom of a person has been or is likely to be adversely affected by an administrative action, the person has the right to be given written reasons for action.
(3)

The Service shall issue regulations and operational manuals to provide for the manner of handling complaints from the public and between members of the Service.

2. Grounds of lodging a complaint
(1)

Any person aggrieved by the conduct of a police officer may lodge a complaint with—

(a)

the police station, posts, outposts, units, unit bases or other police premises, in which the officer against whom the complaint is made is stationed;
(b)

the Internal Affairs Unit;
(c)

independent Policing Oversight Authority;
(d)

National Police Service Commission;
(e)

Office of Director of Public Prosecution; or
(f)

any other lawful organ with the mandate to hear and determine complaints.
(2)

A complaint may be lodged on any of the following grounds—

(a)

that the police officer acted contrary to any written law;
(b)

that conduct of the police officer amounted to misconduct; or
(c)

any other lawful and sufficient ground.

Provided that such ground shall not be frivolous, vexatious or scandalous.
(3)

A file shall be opened in respect of each investigation into complaints against a police officer and it is the duty of investigating officer to present as clear a picture as possible of the incident and to submit reasoned recommendations as to action that should be taken.
(4)

An investigation file into complaints against a police officer shall be compiled in the following sequence, from top to bottom−

(a)

numbered index of documents and statements;
(b)

summary of evidence, as revealed by statements and investigations;
(c)

findings which should be reasoned and supported by arguments where necessary;
(d)

recommendation as to disposal;
(e)

investigation diary; and
(f)

statements and other relevant documents.
(5)

When charges, either disciplinary or criminal, are recommended they shall be correctly framed.

3. Manner of lodging compaints
(1)

A complaint shall be filed in the nearest police station—

(a)

in writing in any form;
(b)

by email or other electronic form;
(c)

by fax;
(d)

orally; or
(e)

by any other means as the Service may from time to time determine.
(2)

Where a complaint is presented in any other form other than the prescribed form, the officer recording it shall cause the complaint to be reduced into writing by transferring the details in the prescribed form.
(3)

An officer receiving an oral complaint shall record the complaint in a prescribed format and cause the recorded complaint to be signed by complainant.

4. Written complaints to be acknowledged in writing
(1)

All written complaints received by the Internal Affairs Unit shall, within seven days from the date of receipt, be acknowledged in writing to the complainant in person, by post or e-mail promptly, a copy of which shall be retained with the investigation file.
(2)

Every complaint shall be allocated an Internal Affairs Unit reference number and assigned to an investigator.
(3)

The Internal Affairs Unit shall conduct regular audits to verify that all complaints are being properly addressed.
(4)

Upon completion of investigations and implementation of the recommended action, the complaint file shall be closed.
(5)

The Internal Affairs Unit shall put in place an automated complaint case management system to alert investigators and those responsible for management of the complaint process of complaint resolution deadlines.

5. Procedure for conduct of a complaint

Upon receiving a complaint, the receiving officer shall create an entry in the Occurrence Book, listing the following particulars—

(a)

full names and address of the complainant;
(b)

the date, time and the location of the occurrence of the act complained of;
(c)

the grounds on which the complaint has been presented; and
(d)

information about the person whose conduct is complained against;
(e)

information as to the identity and contacts of witnesses, if any;
(f)

a concise statement of the facts constituting the cause of action;
(g)

the relief or redress sought;
(h)

a declaration by the complainant that the representations are true;
(i)

a statement—

(i) that there is no other complaint pending;
(ii) that there is no matter pending in any court or tribunal between the complainant and the respondent over the same subject matter; and
(j)

any other relevant particulars.
(2)

Where the complainant is a police officer, the complaint shall, in addition to the particulars set out in h (1), contain the employment particulars including Service number, rank and station of service of the complainant.
(3)

The complaint shall be divided into paragraphs, each of which shall be confined, as nearly as is practicable, to a distinct portion of the subject, and every paragraph shall be numbered consecutively.
(4)

Every complaint shall—

(a)

be signed or thumb printed by the complainant or by a person duly authorized by the complainant; and
(b)

be in such number of copies as would be sufficient for the court and all respondents mentioned therein.

6. Submission of complaints to the internal affairs unit
(1)

When any entry is made in the Occurrence Book regarding a complaint, the station commander shall ensure that—

(a)

the complainant is furnished with a copy; and
(b)

a copy of the complaint is immediately submitted to the Internal Affairs Unit.
(2)

A complainant may, upon filling the complaint form, submit it to the nearest County Internal Affairs Unit office.
(3)

Every complaint shall be classified into any one of the categories set out in appendix 21 and assigned the time within which it shall be addressed and recommendations given.

7. Complaint involving death of a person as result of an action by a police officer

Where a person dies as a result of any action by a police officer, any interested person may file a complaint with the Internal Affairs Unit setting out—

(a)

the full names of the deceased person;
(b)

place and time of death;
(c)

suspected cause of death;
(d)

the particulars of the officer against whom the complaint is lodged; and
(e)

any other relevant detail.

8. Complaints involving excessive use of force by a police officer

Any person aggrieved by use of excessive force by a member of the Service may file a complaint with the Service setting out the following particulars—

(a)

the act complained of;
(b)

the date and location of the occurrence of the act complained against; and
(c)

that nature and the extent of injury suffered.

9. Complaints arising from criminal conduct of police officers
(1)

Any person complaining against a criminal conduct by a member of the service may file a complaint with the Service setting out the following particulars—

(a)

the act or omission complained of;
(b)

the date and location of the occurrence; and
(c)

a statement to the effect that no criminal proceedings have been preferred against the member of the Service.
(2)

Where it is established that any complaint against an officer amounts to a criminal offence, the matter shall be referred to the Director of Public Prosecution for prosecution.

10. Complaints arising from indiscipline of police officers
(1)

A person complaining of any conduct amounting to indiscipline of a member of the Service may file a complaint setting forth—

(a)

the particulars of the act or omission;
(b)

the date and location of the occurrence of the act complained against; and
(c)

a statement to the effect that no disciplinary action has been taken against the member.
(2)

For the purposes of h (1), a complaint shall be classified as one arising from indiscipline if an officer is alleged to—

(a)

unlawfully strike, use or threaten violence against any police officer or any other person;
(b)

use obscene, abusive or insulting language in any form to any police officer;
(c)

use threatening or insubordinate or disrespectful language, word, act or demeanor to a police officer senior to him in rank;
(d)

cause a disturbance in any police or public premises;
(e)

be guilty of drunkenness while on duty;
(f)

drink intoxicating liquor or psychotropic substances or drugs, or smoke in uniform when actively engaged on duty in a public place;
(g)

willfully disobey any lawful command or order;
(h)

absent himself or herself from duty without official permission;
(i)

be found sleeping while on duty;
(j)

leave his or her post or place of duty before he or she is regularly relieved, except in fresh pursuit of an offender who it is his or her duty to apprehend;
(k)

while under arrest or in detention, leave or escape from such arrest or detention before he or she is set at liberty by proper authority;
(l)

neglect or refuse to assist in the apprehension of any police officer charged with any offence, when lawfully ordered so to do;
(m)

resist any lawful arrest;
(n)

negligently allow any prisoner, who is committed to his or her charge, or whom it is his or her duty to guard, to escape;
(o)

discharge any weapon without orders or without reasonable lawful cause;
(p)

without reasonable cause, fail to attend at any parade, instruction class or court or any other duty which he is required to attend;
(q)

sell, pawn, lose by neglect, make away with or willfully or negligently damage, or fail to report any loss or damage to, any arm, ammunition, accoutrement, uniform or other article of personal issue or any vehicle or other property committedmto his charge belonging to the Government or for which the Government is responsible;
(r)

be in improper possession of any public or private property;
(s)

commit any act of plunder or wanton destruction of any property;
(t)

be negligent in the performance of his or her duty;
(u)

appear on duty untidy or dirty in his or her person, arms, clothing or equipment;
(v)

make or sign any false statement in any document or official record;
(w)

without proper authority, disclose or conveys any information concerning any investigation or other police matter;
(x)

malinger, or feign any disease or infirmity;
(y)

knowingly and willingly transmits any venereal disease or HIV/AIDS;
(z)

without proper authority demands or exacts from any person any carriage, porterage or provisions;
(aa)

commit an act which amounts to corruption under any written law in force in Kenya;
(bb)

make any false statements upon joining the Service;
(cc)

refuse or neglect to make or send any report or return which is his or her duty to make or send;
(dd)

knowingly make any false accusation or complaint or statement against any police officer or other person, affecting the character of such person, or willfully suppress any material fact;
(ee)

without lawful excuse break out of police barracks, quarters, lines or camp;
(ff)

make or sign any false statement in any document or official record;
(gg)

act or behave in a manner that constitute cowardice under the Standing Orders;
(hh)

willfully disobey, whether in hospital or elsewhere, any order and so cause or aggravate any disease or infirmity or delay its cure;
(ii)

be engaged in any other gainful employment or office without the authority of the Commission;
(jj)

block or interfere with police communication; or
(kk)

commit an act which amounts to hate speech under section 13 and 62 of the National Cohesion and Integration Commission Act.

11. Memorandum of Understanding between Independent Policing Oversight Authority and the Internal Affairs Unit
(1)

Despite the provisions of paragraphs 6, 7, 8 and 9, all complaint relating to serious matters shall be handled in accordance with the provisions of a Memorandum of Understanding between the Independent Policing Oversight Authority and the Internal Affairs Unit.
(2)

The Memorandum of Understanding referred to in h (1) shall contain details of procedure, methods of exchange of information and the categories of complaints to be handled in a specified manner.

12. Nature of IAU Complaint Investigation

The purpose of Internal Affairs Unit investigations shall be—

(a)

to determine if the alleged misconduct amounts to a criminal offence as specified in the Penal Code (Cap. 63) or other law; and
(b)

to determine if that alleged conduct amounts to an offence against discipline as outlined in the Eighth Schedule to the Act.

13. Handling of information collected during Internal Affairs Unit investigations

All evidence collected in the course of administrative investigations shall be handled in accordance to the evidence handling procedures as outlined in Chapter 32 of these Service Standing Orders.

14. Notification of Internal Affairs Unit of criminal investigations against a police officer
(1)

Whenever the Directorate of Criminal Investigations commences any criminal investigation against any police officer, the Directorate shall notify Internal Affairs Unit of the ongoing investigation regardless of whether there has been a complaint made against the member or not.
(2)

Upon receipt of the notification, the Internal Affairs Unit shall coordinate with the Directorate by providing administrative investigation into alleged member misconduct to determine if the member has committed an offence against discipline.
(3)

The Internal Affairs Unit shall share the outcome of any investigations with the Directorate.

15. Deferment of IAU recommendations

Where there is a parallel but incomplete investigation by an independent office, and it is likely that the Director of Public Prosecutions may institute criminal prosecution against an officer, the recommendations by the Internal Affairs Unit shall be deferred until the investigations are complete.

16. Orders complaint
(1)

Where there is an allegation regarding a current Service Standing Orders that was properly implemented by a Service member, but the complainant believes the order is inappropriate or not valid, the Service shall use the classification of Orders Complaint.
(2)

Orders complaints shall be dealt in accordance with the procedure laid down in Part II of the General provisions of these Service Standing orders.
(3)

A request made to any member of the National Police Service to speak to a police premise commander about any misconduct or the possible mishandling of an incident or call for service shall be interpreted as a complaint and such requests shall be dealt with immediately.
(4)

The initial responding police officer should assess the initial complaint and interview the complainant, if the complainant is demanding to speak to the Officer-In-Charge he or she shall be allowed to do so and this shall provide an initial forum for a citizen to resolve what may not actually be a complaint about a member of the Service, but an inquiry or objection to a policy or procedure, a law, or the handling of an incident they witnessed or were involved in.
(5)

If a police premise commander is not immediately available, the name and phone number of the complainant shall be taken by the initial responding police officer and made available to the premise commander or his or her deputy, as soon as reasonably practicable, but in no case more than twenty four hours later and the premise commander shall contact the complainant immediately thereafter.
(6)

The particulars of the complainant and the complaint shall be recorded in accordance with provisions of section 23(d) and section 26(f) of the National Police Service Act (Cap. 84).

17. Source and acceptance of complaints

A complaint may be made by–

(a)

a member of the public who claims that the misconduct took place in relation to him or her;
(b)

a member of the public who claims to have been adversely affected by the misconduct, even though it did not take place in relation to him or her;
(c)

a member of the public who alleges to have witnessed the misconduct;
(d)

a member of the Service;
(e)

a person representing someone affected in any of the categories listed in item (a), (b), (c) or (d); or
(f)

a person representing another who is unable or lacks legal capacity to do so on his own behalf.

18. Complaint of harassment or discrimination
(1)

An officer receiving a complaint of harassment or discrimination shall ensure that the following guidelines are followed –

(a)

interview the complainant and determine the nature of the complaint;
(b)

ask the complainant if they have any suggested corrective action to remedy the problem or complaint, depending on the nature of the complaint;
(c)

depending on the circumstances and the nature of the complaint, consult the Internal Affairs Unit before considering immediate corrective action, this shall ensure a standardized response; and
(d)

immediately report the complaint, to the senior officer present at the premises at that time.
(2)

The Officer-in-Charge shall review the nature of the complaint and any advice received from the Internal Affairs Unit with the member who recorded the complaint.
(3)

The Officer-in-Charge shall follow up with the complainant after the resolution of the complaint to review the effectiveness of any action taken to ensure that the conduct in question has ceased and that no other issues have arisen.
(4)

In handling complaints relating to discrimination and harassment, every officer shall observe confidentiality and privacy of the complainant.

19. Procedure of complaints by police officers
(1)

A member of the Service who has a complaint against another member of the Service shall report to the immediate supervisor and present copies of the complaint to the Internal Affairs Unit.
(2)

If the immediate supervisor is, for any reason, unable to act on the complaint, the supervisor shall forward the complaint to the higher supervisor.
(3)

Any such complaint which is forwarded to the Inspector-General shall be in duplicate and accompanied by a full report by the County or Formation Commander containing recommendations and references to regulations, or sections of law, having bearing upon the complaint.
(4)

In processing complaints by police officers, every officer shall have the right to administrative action that is expeditious efficient, lawful, reasonable and procedurally fair.

20. Frivolous complaints

The submission of frivolous or vexatious complaints constitutes a professional misconduct and shall be dealt with as such.

21. Anonymous complaints
(1)

Members of the public or members of the Service may make anonymous complaints or adopt pseudo-names for purposes of complaints in cases where revealing their identity may expose them to victimization or ruin the merit of the issue.
(2)

Anonymous complaints or those made under pseudo-names addressed to the Service shall be investigated to establish the truth of the content.

22. Accidents involving police vehicles

In cases where a police vehicle has been involved in an accident, the enquiry file shall be forwarded to the Service Headquarters, in accordance with the provision of the Service Transport Orders in the National Police Service Standing Orders, before any action is taken against either party.

23. Legal aid
(1)

Where proceedings are instituted in court as a result of an action by a police officer in the proper performance of his or her duty, a full report shall be submitted to the Inspector-General as soon as possible in order that, if necessary, arrangements may be made for the legal defence of the officer concerned under provisions of Personnel Chapter Circular - No. 23 of 9th April, 1964.
(2)

The Service shall make consideration to defray any damages awarded by a competent court against a police officer as a result of action taken by him or her in the due execution of his or her duty.

Complaint

Classification

Maximum period before final determination (in days)

CHAPTER 22 – CONDUCT OF INTERVIEWS OF CRIME VICTIMS, SUSPECTS AND WITNESSES
1.

Guide for conducting interviews
(1)

The National Police Service shall develop Operational Manuals to provide for guidance for recording of interviews from witnesses, victims and suspects.
(2)

The manual shall provide for the storage, transcription and retention of electronically recorded interviews and information to preserve the integrity of the evidence.
2.

Confidentiality of information
(1)

Except in the performance of their duties or where the needs of justice strictly require otherwise, members of the Service shall not reveal any information concerning confidential matters brought to their attention, or any information pertaining to matters under investigation by the Service or any other Criminal Justice Agencies.
(2)

Members of the Service shall not disclose any confidential information acquired in the course of their employment to any person or institution, unless the matter is under judicial process.
(3)

Members of the Service shall not reveal any information which may enable anyone to—

(a)

evade detection, arrest or prosecution;
(b)

destroy evidence;
(c)

destroy or conceal illegal, unlawfully obtained or stolen property; or
(d)

defeat the ends of justice.
3.

Guide for conducting investigative interviews
(1)

In conducting investigative interviews, members of the Service shall—

(a)

obtain accurate and reliable accounts from victims, witnesses or suspects about matters under police investigation;
(b)

act fairly and impartially and treat vulnerable people with particular consideration at all times;
(c)

test accounts obtained from the interviewee against what the interviewer knows or what can be reasonably established;
(d)

be free to ask a wide range of questions in order to obtain material which may assist an investigation;
(e)

recognize the positive impact of an early admission in the context of the Criminal Justice system and ensure a confession is taken by an officer of or above the rank of a Chief Inspector in the presence of a person acceptable to the interviewee or a magistrate in accordance with the law;
(f)

ask questions, however, where a suspect invokes their right to remain silent under Article 49(1)(b) of the Constitution but shall inform the suspect of the consequences of not remaining silent as required by Article 49 (1)(a)(iii) of the Constitution;
(g)

immediately cease the interview until the suspect has got an opportunity to communicate with an advocate in accordance with Article 49(1)(c) of the Constitution where the suspect so wish;

Provided that, a suspect’s access to an advocate may be delayed if the Officer-In-Charge of a police station, has reasonable grounds, which shall be recorded in writing, for believing that the exercise of the right to communicate with an advocate would lead to interference with evidence of a serious cognisable offence, harm to others, the alerting of accomplices or hindering the recovery of property.
4.

Release of Police records and reports

Police records and reports shall be released or exhibited in accordance with existing law and Service Adminstrative Orders Chapter 64 of the Orders.
5.

Dealing with witnesses and victims of offences

A police officer, in dealing with a witness or victim of an offence, shall be—

(a)

compassionate and respectful and act with with dignity;
(b)

protect victims and witnesses from further victimization to the extent possible;
(c)

prior to, or following an interview, refer victims to crisis and support services as soon as possible;
(d)

conduct interviews in an ethical and fair manner adhering to Constitutional guidelines;
(e)

remain patient and open minded while listening to victim and witness account;
(f)

utilize simple and concise terminology appropriate to victim and witness age, sophistication and intelligence level; and
(g)

protect the confidentiality of the victims and witnesses information in as much as possible by applicable law, rules, guidance and orders.
6.

Duration of interview
(1)

The interview duration shall take into consideration–

(a)

fatigue;
(b)

psychological trauma;
(c)

medical needs; and
(d)

fundamental rights of the interviewee.
7.

Interviewing victims of sexual and gender-based violence

The principles to be observed when interviewing victims of sexual and gender-based crimes include–

(a)

conduct of the interview in a private and friendly environment separate from the perpetrator;
(b)

obtaining the victim’s consent, where the interviewing officer is accompanied by an additional officer;
(c)

provision of a support person for the victim;
(d)

where the subject is a child, ensuring the interview is conducted in the presence of an "appropriate adult";
(e)

ensuring the interviewers gives their names, rank and inform the victim about the confidentiality and disclosure of information;
(f)

explaining to the victim the interview process and obtain their consent before the interview begins;
(g)

conducting the interview in a respectful and sensitive manner;
(h)

allowing the victim to describe the incident and any other information he or she feels relevant without being interrupted and ensuring follow-up questions are open-ended and concentrate on clarifying the events and identifying facts;
(i)

informing victims of other support services available to them, and where possible facilitate access to those facilities;
(j)

in cases of domestic violence, human trafficking, forced marriage, or honor-related crimes, ensuring safety planning with victims at risk of future abuse before the interview concludes;
(k)

according the victim an opportunity to share any additional information on the incident and ask any questions after the interview while informing them of the actions to be taken by police; and
(l)

identifying follow-up actions to protect and support the victim after the interview by the interviewer and support personnel.
8.

Service to victims

The National Police Service shall—

(a)

encourage victims to seek support through the victim support scheme;
(b)

refer the victims of crime to the Victim Support Unit at the police station and provide the victim support scheme with details of the victim to facilitate future contacts as appropriate; and
(c)

take into consideration the wishes of the victim before making any referral.
9.

Interviedw of arrested children
(1)

Any child taken into custody shall be advised of the nature of the crime which they are suspected to have committed.
(2)

Prior to any in-custody interview, every child shall be advised of their rights in accordance with the Children’s Act (Cap. 141).
(3)

The child’s physical condition, age, intelligence, educational level, prior experience with the children justice system, and ability to comprehend the meaning and effect of statements should be carefully evaluated in each case.
(4)

The police officer or investigating officer shall record the interview in a corresponding statement.
(5)

Officers and investigating officers may allow a parent or legal guardian to be present during an interview of their child if the presence of the parent or legal guardian is not considered to be coercive or inhibiting.
(6)

If the child or legal guardian invokes their constitutional right to legal representation, all questioning and contact shall cease and such child cannot be contacted without approval of the advocate so retained.
(7)

Children interviews shall be conducted in the same general manner as adult interviews and interviewers, not exceeding two at any one time shall have due regard to the juvenile’s age and the nature of the alleged offence.
10.

Statements in foreign Language
(1)

In the case of a person making a statement in a language other than English;

(a)

the interpreter shall orally interpret and take down the statement in the language in which it is made and the person making the statement should sign it;
(b)

the interpreter shall make an official English translation in due course;
(c)

the interpreter shall include and sign the following certificate at the end of the translated version–

(i) This statement was interpreted by me from the ------language to the------ language, and I have interpreted the same to the best of my skill, knowledge and belief.
(ii) the interpreter’s name and address shall also be recorded.
(2)

Care shall be taken to ensure that the interpreter is proficient both in the language of the witness and in the language in which the statement is recorded.
(3)

At the conclusion of the statement—

(a)

the statement shall either be read over to the maker, or be handed to the witness to read for themselves if they are literate in the language in which the statement was recorded;
(b)

an endorsement shall also be made to the effect that the maker has been invited to make any corrections he or she wishes to make;
(c)

the witness shall be asked to sign the statement or if illiterate, to place his or her thumbprint on it, an appropriate endorsement being made by the recording officer; and
(d)

the reason, if any, given by the witness for his or her refusal to sign or to attach his or her thumbprint shall also be recorded.
(4)

If the statement consists of several sheets, it shall be signed at the bottom of each sheet.
(5)

In case of any correction, the interpreter and the witness shall sign against the correction.
CHAPTER 23 – CONTROL OF TRAFFIC AND ERECTION OF BARRIERS
1.

Enforcement of traffic matters
(1)

The County Commander, under the general direction of the respective Deputy Inspector-General, is responsible for the enforcement of laws relating to traffic matters including the control of traffic.
(2)

Subject to h (3), the County Commander shall ensure that the enforcement of traffic matters is undertaken by all officers under his or her command, including the traffic sections in urban areas and cities and by police officers who are designated to undertake traffic duties.
(3)

Despite h (2), police officers shall assist in the enforcement of the traffic laws.
2.

Objects of traffic control

The objectives of traffic control include—

(a)

to prevent road accidents;
(b)

to ensure free flow of traffic;
(c)

to enforce the law; and
(d)

to ensure the compliance with the laws relating to traffic matters.
3.

Objects of erection of barriers
(1)

The object of erection of barriers include to—

(a)

ensure the maintenance and preservation of law and order; and
(b)

prevent and detect the commission of an offence.
(2)

The head of the Kenya Police Service in the county shall maintain records of all barriers erected.
(3)

An officer erecting barriers across a road shall submit records of the barrier to the County Commander through the police station.
4.

Fundamental principles of temporary traffic control zone
(1)

The control of traffic through a temporary traffic control zone is essential during construction of a highway, utility work, maintenance operations and incident management.
(2)

The following principles provide guidance to police officers in controlling traffic and for the safety of workers in the vicinity of temporary traffic control zones –

(a)

traffic and workers safety in temporary traffic control zones shall be an integral and high priority element of every project from planning through design and construction;
(b)

general plans or guidelines shall be developed to provide safety for law enforcement officers, drivers, cyclists, pedestrians, workers, emergency officials, and equipment;
(c)

traffic movement shall be inhibited as little as is practical;
(d)

drivers, cyclists, and pedestrians shall be guided while approaching and traversing temporary traffic control zones and incident sites;
(e)

routine day and night inspections of temporary traffic control zones shall be performed;
(f)

attention shall be given to the maintenance of roadside safety during the life of the temporary traffic control zone;
(g)

each person whose actions affect temporary traffic control zone safety shall receive training appropriate to the job decisions the individual is required to make;
(h)

good public relations shall be maintained; and
(i)

all temporary traffic control equipment shall be removed as soon as practical when they are no longer needed.
5.

Police roadblock
(1)

Subject to h (2), the Inspector-General shall, by notice in the Gazette, designate a place along a public road on which a police road block may be mounted.
(2)

Despite the provisions of subparagraph (1), a road block may be mounted in a non-designated place only in exceptional circumstances certified as such by the Inspector-General or a police officer authorized as such by the Inspector-General.
6.

Power to erect barriers
(1)

Notwithstanding the provisions of any other law, a gazetted officer, Inspector or a police officer in charge of a police station may, if he or she considers it necessary to do so for the maintenance and preservation of law and order, or for the prevention and detection of any offence, order a police officer to erect or place barriers on any road or street or in any public place.
(2)

A police officer in uniform may take all reasonable steps to prevent any vehicle from being driven past any barrier erected for the prevention or detection of any offence and a driver who fails to comply with any reasonable signal given by a police officer in uniform requiring the driver to stop the vehicle before the barrier, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding twelve months or a to fine not exceeding one hundred thousand shillings, or to both.
(3)

The Kenya Police County Commander shall maintain records of all barriers erected under h (1) and the reasons for the erection of barriers in their respective county and shall submit the records to the respective community policing association.
(4)

The records under h (3) shall be open for inspection by authorized persons.
(5)

A member of the public may lodge a complaint concerning the barriers, to the County Commander or the County Policing Authority.
(6)

The County Commanders shall cooperate and engage in joint traffic control operations when need arises.
7.

Methods of preventing accidents
(1)

The County commander shall apply the following methods to prevent accidents–

(a)

advising, warning and where necessary, prosecuting those who drive in such a manner as to be a danger to or without consideration for, both themselves and others;
(b)

detection and prosecution of drivers who are under the influence of alcohol or drugs;
(c)

periodical holding of speed checks to curb over speeding;
(d)

removal of unroadworthy vehicles from the road;
(e)

removal of or illumination or sign-posting of broken-down vehicle and other obstructions;
(f)

communicating to the county governments and agencies with road construction mandates on hazards such as overgrown hedges, dangerous road surfaces, and by ensuring that potential danger spots such as road junctions, level-crossing and schools are adequately sign-posted;
(g)

in instances where accidents have been caused by a defect on the road, the county governments and agencies with road construction mandate, County Engineer of the transport and communication shall be advised of the appropriate action to take; or
(h)

holding public sensitization forums on road safety.
8.

Free flow of traffic
(1)

The police officers who are designated to undertake traffic duties shall ensure that the flow of traffic is not obstructed by vehicles being parked on corners or by breakdowns.
(2)

Where the vehicles under paragraph (1), are found the drivers may be assisted in removing their vehicles and depending on the circumstances may be prosecuted.
9.

Prosecutions
(1)

Violation of the traffic laws shall be subject to prosecution.
(2)

A person shall be granted bail to appear before court at a later date in case of–

(a)

exceeding the maximum speed at which identified motor vehicles may be driven;
(b)

careless, reckless or dangerous driving;
(c)

driving under the influence of alcohol or drugs; or
(d)

driving defective motor vehicles.
(3)

In case a driver is bailed, and it is decided that for any reason the case shall not proceed, the bailee shall be notified accordingly.
(4)

The provisions of section 116 of the Traffic Act (Cap. 403), shall be observed in respect of notifications to attend Court.
(5)

Certain minor offences under the Traffic Act (Cap. 403), enumerated in the Traffic (minor offences) Rules, may be dealt with by means of Form P.160 which relates to a notification of a Traffic offence.
(6)

Form P.160 shall be issued to minor traffic offenders and great care shall be taken when they are out of custody.
(7)

A police officer shall not, under any circumstances, be permitted to receive money meant for the payment of a penalty.
10.

Warnings
(1)

Written warnings shall be issued to offending drivers in instances where it is considered that prosecution may not serve useful purpose and it is permissible for written warnings to be issued to offending drivers.
(2)

Warnings shall not be issued in cases where a third party has suffered substantial damage or injury.
11.

Techinical evidence

Where it is necessary to obtain evidence of a technical nature as to the state of a vehicle, the services of a vehicle inspector shall be sought.
12.

Driving under the influence of alcohol or drugs
(1)

Any person found driving , attempting to drive or in charge of a vehicle on the road, under the influence of alcohol or drugs to such an extent as to be incapable of having proper control of the vehicle, such a person shall—

(a)

not be permitted to drive under any circumstances;
(b)

be taken immediately to a medical officer, an officer of the National Transport Safety Authority or an officer authorized by National Transport Safety Authority to ascertain whether or not he or she is capable of having proper control of a vehicle;
(c)

shall be requested to fill Form P.70; and
(d)

be informed that he or she is at liberty to call his or her own doctor and reasonable assistance shall be afforded to him or her in this respect.
(2)

If the person concerned refuses to submit to any or all, of the tests, in h (1) (b), no force or persuasion may be used, but the medical officer or an officer of the National Transport Safety Authority or an officer authorized by National Transport Safety Authority shall be required to record the refusal on Form P.70.
13.

Unroadworthy vehicles
(1)

An unroadworthy vehicle shall not be left at a police station longer than is necessary and officers in charge of police stations shall be responsible to ensure that the vehicle does not deteriorate in it’s condition, which may expose the police to claim for damages.
(2)

Vehicles which are left on the road at night with inadequate parking lights other than in a recognized parking place shall be removed from the road or illuminated in order to avoid the possibility of accidents.
(3)

A vehicle found to be unroadworthy shall not be driven further and shall be towed to a police station, a vehicle inspection centre of the road transport branch or other suitable place for inspection.
14.

Speed checks
(1)

Speed checks may be conducted by the use of the radar machine.
(2)

In all prosecutions for exceeding the speed limit the offender, shall be taken as soon as possible and if not practicable, the offender shall be bailed to appear before court at the earliest opportunity.
(3)

Drivers found exceeding the speed limit by less than ten kilometers per hour shall be warned but not prosecuted.
15.

Accidents
(1)

Accidents which cause any harm to a person or an animal shall be reported to the police as provided under section 73 of the Traffic (Cap. 403).
(2)

Accidents which cause damage to property and the driver fails to stop and give his or her particulars, shall be reported to the police.
(3)

The police officer shall investigate reported accidents with an aim of ascertaining the particulars of the parties, injured persons, witnesses and the cause of the accident.
(4)

The police officer shall take reasonable measures to prevent the recurrence of the accident and prosecuting the person responsible.
(5)

A police officer investigating, an accident shall—

(a)

record the name, telephone and contacts address of the person reporting the accident in the Occurrence Book;
(b)

proceed to the scene immediately and where applicable the person reporting the accident may accompany him or her to the scene, if he or she was a witness;
(c)

on arrival, give first aid to injured persons, in accordance with the manual on First Aid;
(d)

remove vehicles causing obstructions to the road, provided their positions are first marked so that detailed measurements may be made later;
(e)

obtain particulars of witnesses with least possible delay, which may include recorded statements from witnesses at the scene with a view to checking their veracity with skid marks, damages;
(f)

obtain particulars of injured persons immediately including the names, age, identity numbers, nature of injuries category of injured person such as driver, conductor, passenger, handcart pusher or cyclist and the hospital or mortuary in which the injured person has been taken to and if the injured persons has been evacuated to a hospital the police officer shall proceed to the hospital where the injured person has been taken and shall establish his or her particulars;
(g)

the mechanical condition of vehicles involved shall be examined on the spot, if necessary with the assistance of a technical officer and care shall be taken to ensure that no person tampers with a vehicle until it has be examined;
(h)

take measurements and the sketch plan shall be prepared in all accidents where serious injury has occurred, where there is a likelihood of a prosecution and if a Government vehicle is involved;
(i)

where possible, take photographs of the scene;
(j)

where he or she considers it necessary, apply for such assistance from scenes of crime personnel;
(k)

when considering the action to be taken against the parties concerned the investigating officer shall be influenced by degree of negligence displayed and not by the seriousness of the injuries caused;
(l)

on return to the police station, record in the Occurrence Book particulars of the road traffic accident, parties involved including particulars of drivers’ licences, insurance particulars of vehicles involved and the particulars of injured or deceased persons and the apparent cause of accident if the cause is obvious.
(m)

inform the nearest relatives of any person killed or taken to hospital at the earliest opportunity;
(n)

report all accidents, to the extent that is practicable to do so, and shall enter in the Accident Register of the police station concerned giving details of parties involved, insurers, particulars of injured persons and cause of accident, the insurance companies, motor vehicle owners, injured persons and any affected parties shall have a right to obtain copies of this register;
(o)

in all fatal accidents where a charge of causing death by dangerous driving is preferred an entry shall be made in Capital Offences Charge Register;
(p)

open files for all accidents injury and conclusive investigations recorded in the file within thirty days of occurrence of the accident and the contents of the police file shall be accessible to any interested party to the accident; and
(q)

not open a late entry involving a road traffic accident after a period of seven days from the date of the accident.

Provided that such an entry, shall only be entered in the Occurrence Book by the officer in charge of the police station and an investigation file shall be opened.
16.

Accident abstract and medical examination forms
(1)

A person whose names appears in the Occurrence Book as having sustained an injury shall, on request be issued with a medical examination Form P3 after recording a statement with the investigating officer, if the statement had not been previously recorded.
(2)

Where a person who had been injured in a road traffic accident and his or her name had not been recorded in the Occurrence Book, he or she shall furnish the investigating officer with copies of the treatment documents as proof of his or her involvement in an accident.
(3)

The investigating officer shall, on receipt of the treatment documents under sub paragraph (2), enter the complaint in the Occurrence Book, record his or her statement and issue the complainant with a medical examination Form P3.
(4)

The complainant shall, after returning a duly filled Form P3 and his or her name being entered in the accident register, be issued with the abstract report on police set out in Form 10A.
(5)

An insurer whose insured’s vehicle has been involved in the accident shall have a right to obtain copies of medical examination forms, inspection reports, accident abstract forms, statements, treatment notes, certified Occurrence Book extract and any other document supporting the injured persons claim against the insurer.

Provided that the medical records shall only be given to the insurer with the written consent of the injured person.
(6)

A police officer may, on request by the interested parties or their legal representatives and in the presence of, or with the written consent of the injured person, furnish copies of the abstract on Form P10a, providing the names and address of owners and drivers of vehicles involved, statement of injured persons and witnesses and the result of police investigations.
(7)

The accidents abstract shall be prepared in accordance with the instructions provided on the reverse oF the Form 10A.
17.

Examination of traffic document
(1)

Where a police officer stops a vehicle for any reason other than checking the occupants at a road block he or she shall examine the relevant documents, which include—

(a)

the drivers’ licence;
(b)

the vehicles’ licence;
(c)

the insurance certificate;
(d)

for public service vehicle licenses the vehicle, driver and conductor; and
(e)

the local authority licences such as the taxicab.
(2)

The police officer shall ensure all vehicles on the road are properly licensed for the purpose for which they are being used.
18.

Particulars to be recorded
(1)

A police officer shall, when recording the names and addresses of a person, he or she shall record the—

(a)

full names;
(b)

residential address;
(c)

business address;
(d)

postal address; and
(e)

telephone and electronic address.
(2)

In addition to the particulars specified h (1), the registration number, the licenses required to be examined as identified in paragraph 19(1) and the full details of the owners and the driver of the vehicle shall be recorded.
19.

Test case
(1)

A test case in respect of any traffic offence shall not be taken without prior reference to the Service headquarters.
(2)

Where a case is dismissed by a court or any offender acquitted and it appears that the law would be brought into disrepute by such decision, the case filed and a copy of the judgment shall be forwarded to Service Headquarters by the Commandant Traffic Department, together with a covering report.
20.

Public service vehicle licence
(1)

Where an owner, driver or conductor of a public service vehicle is convicted of—

(a)

a serious traffic offence;
(b)

any offence relating to the operation and the type of goods to be carried;
(c)

any offence relating to the use of such public vehicle; or
(d)

unsatisfactory conduct, his or her license may be revoked in the manner provided under section 99 of the Traffic Act (Cap. 403).
(2)

Frequent police checks shall be held, to ensure that the conditions of Road Service Licenses are being adhered to.
21.

Goods carrying vehicles

A police officer shall ensure that the conditions for operating of a goods carrying vehicle is endorsed on the licence which includes the routes or area of operation.
22.

Notification of offences under the National Transport and Safety Authority Act (Cap. 404)
(1)

Where an offence under the National Transport and Safety Authority Act (Cap. 404) is committed, the police officer shall prepare a charge sheet in triplicate which shall state the full details of the charge.
(2)

The police officer shall on conviction of the offence forward a copy of the triplicate copy of the charge sheet to the National Transport and Safety Authority unless the accused is acquitted.
(3)

In every case in which h 20(1) applies the charge sheets shall indicate the name and address of the transport or company operating the vehicle, in addition to the name of the driver.
23.

Road blocks and traffic blocks
(1)

A police officer shall not place or erect road blocks and traffics checks on a bend, brow of a hill or any other place where visibility is restricted.
(2)

The condition of and the normal speed of vehicles using it shall be taken into consideration when erecting a check point.
24.

Equipment used at a road block
(1)

The equipment to be used at a road block or traffic check shall be–

(a)

during the day, a "STOP" sign shall be placed at the centre of the road and adequate warning shall be given to the drivers approaching the sign by means of manual signals and the moving up and down of the hand in the manner of a vehicle driver indicating his or her intention to slow down is not a recognized police signal to stop and shall not be utilized;
(b)

during the night; an illuminated or reflective "STOP SIGN" placed at the centre of the road two red reflective triangles or red lamps shall be on either sides of this "STOP" sign at a distance of 150 and 250 feet from the roadblock or traffic check;
(c)

in urban areas and cities where there exist a speed limit and where the stretches of open road are less, the distance may be reduced, however the motorists shall have ample warning of the check ahead in order that accidents and possible claims against police are avoided;
(d)

the personnel shall be clearly visible to approaching drivers;
(e)

illumination shall be provided either by lamps or torches or by beam of vehicles headlights directed across the road with care being taken to ensure that approaching drivers are not dazzled by the lights of stationary vehicles.
(2)

The police officer shall place road blocks in accordance with Appendix 23.
25.

Traffic checks

Traffic checks either during the day or at night shall—

(a)

be held as frequently as possible by the traffic police;
(b)

not use physical barriers, such as barrels and pin-cushions unless in exceptional circumstances; and
(c)

avoid as far as is practicable congestion of traffic.
26.

Special events responsibility
(1)

An organizer of any special event shall be responsible for providing facilities for vehicles and pedestrians in private premises connected with the event but if police assistance is required it shall be governed by the provision of Private use of Police Officers Orders contained in these Standing Orders and provisions relating to hiring of police for private purposes.
(2)

The police officers hired for private purposes shall regulate and control traffic on public roads leading to such premises and the police shall cooperate with the organizers in order to limit congestion to a minimum.
(3)

An organizer of a special event shall notify the public of the special event either through radio, press or road signs tickets routes and prior parking arrangements shall be made.
27.

Duties of escorts in motorcades
(1)

A Police escort shall be responsible for the safe conduct and arrival without undue delay, at the destination of the person being escorted.
(2)

The Officer-In-Charge of the escort shall–

(a)

have a thorough knowledge of the route;
(b)

know the existing conditions of the route;
(c)

carry the normal accessories; and
(d)

carry a tow chain, spare petrol, oil and water as may be necessary, taking into consideration the state of the road and weather.
(3)

Where there is a vehicle breakdown, the Officer-In-Charge shall organize alternative transport and shall provide any assistance that may be required enroute.
28.

Duties of outriders
(1)

An outrider shall—

(a)

ensure a clear line of travel and shall prevent the encroachment of pedestrians and vehicles;
(b)

not undertake normal escort duties and when necessary an escort car shall be provided in addition to the outriders;
(c)

ensure that the distance between the front outriders and the vehicle they are leading depends on the speed of travel but shall not be less than thirty feet and the rear outriders shall be in line with, but clear of the rear wheels of the car; and
(d)

where an outrider machine falters or stop, he or she shall immediately pull to the side of the road and shall not attempt to remedy the fault while retaining his or her position which shall be regained at the first convenient stop and he or she shall not overtake for this purpose, unless signaled to do so by the driver concerned, and then only at the slowest possible speed.
(2)

An outrider shall only be provided when authorized by the County Commander.
29.

Traffic officer wear
(1)

A traffic officer shall wear high-visibility outerwear in addition to the full prescribed uniform when assigned to perform manual traffic direction and control functions.
(2)

The personnel conducting unscheduled manual traffic direction and control in response to the unforeseen contingencies, such as foul weather, shall wear high-visibility outerwear,

Provided that conditions make it practical to wear the highvisibility outerwear before initiating manual traffic direction and control.
30.

Manual traffic direction
(1)

While carrying out manual traffic direction and control, police officers shall at all times give due consideration to their own safety and the safety of the public.
(2)

A police officer shall use standard procedures such as signals or gestures, to enable the driver or pedestrian to recognize and respond to his or her direction.
(3)

When a police officer is directing traffic, it is necessary that the persons using the highway knows that he or she is present for that purpose and that the police officer shall use standard gestures or audible signals to direct the traffic.
(4)

To indicate that the police officer is present for the purpose of directing traffic, he or she shall–

(a)

turn the signal light, if there is one, to blinking or flashing;
(b)

position himself or herself such that he or she can be seen clearly by everyone, usually at the centre of the intersection or street;
(c)

allow his or her hands and arms to hang easily at his or hermsides except when gesturing; and
(d)

stand facing or with his or her back to the traffic which he or she has stopped and with his or her sides to the traffic he or she has directed to move.
31.

Stopping oncoming traffic
(1)

To stop traffic, the officer shall first extend his arm and index finger foward and look directly at the person to be stopped until that person is aware, or it may be reasonably assumed that he or she is aware, of the police officer’s gesture.
(2)

The pointing hand is raised at the wrist so that its palm is toward the person to be stopped, and the palm shall be held in that position until the person is observed to stop.
(3)

To stop traffic from both ways on a twoway street, the procedure is then repeated for traffic coming from the other direction while continuing to maintain the raised arm and palm toward the traffic previously stopped.
32.

How to start traffic
(1)

An officer intending to start traffic shall first stand with shoulder side toward the traffic to be started, extend his or her arm and index finger toward and look directly at the person to be started until that person is aware, or when it may be reasonably assumed that he or she is aware, of the police officer’s gesture.
(2)

With the palm up, the pointing arm is swung from the elbow only through a vertical semi-circle until the hand is adjacent to the chin and where necessary, the gesture is repeated until the traffic begins to move.
(3)

To start traffic from both directions on a two-way street, the procedure is then repeated for traffic coming from the other direction.

With reference to paragraph 28 of this chapter the following is the method to be employed in the conducting of speed checks -

(a)

. Stop Watch Method

Distance

(i) Speed checks shall not be operated on distance of less than quarter of a mile, unless special circumstances exist, such as a school, where excessive speed shall be stopped by extreme measures.

Direction method

(ii). The check shall normally operate in one direction only.

Method

(iii) Three officers are required — one at the entrance to the check, one at the end of the check and a third officer a short distance beyond the end of the check.

The first officer "A" shall signal to the second officer "B" by visual means, radio or field telephone, that a vehicle has entered the specified area; if radio or field telephone is used the vehicle number to be given. On receipt of this signal "B" shall simultaneously start his/her stop watch and stop it when the vehicle has passed the marker indicated at the end of the measured distance. He or she -shall ascertain from his/her list of times and speeds whether the vehicle was exceeding the speed limit and, if so, shall record its number, time taken and signal the third officer, "C" to stop it. "C" shall advise the driver that he or she has passed through a speed trap, inform him/her of his/her speed, record the necessary particulars and warn him/her that consideration shall be given to prosecuting him/her.

(b)

. Following method

(i) . In this method the speedometer of the police vehicle used shall be tested and found correct against a stopwatch over a measured distance within,seven days of the offence. In practice, it shall be found preferable to test the speedometer after the detection of the offence.
(ii) . A record of the speedometer check should be entered in the vehicle log book and in the Occurrence Book, giving time, date, place, speed and result.

(iii). In order to ensure as much accuracy as possible the "following" vehicle shall keep a reasonably uniform distance behind the vehicle being followed.

This method is not completely satisfactory and shall not normally be used.
CHAPTER 24 – POLICE COMMUNICATION
1.

Communication as a means of ensuring public accountability
(1)

The Service shall regularly update the public on its activities through police communications.
(2)

Police communications, correspondences, internal and public information shall be conducted in accordance with the Orders and other guidelines to be issued from time to time.
2.

Functions of the Service communication
(1)

The Service communication shall—

(a)

promote a twenty-four hour response capability;
(b)

co-ordinate, collect, collate and disseminate administrative, operation and intelligence;
(c)

promptly handle and rout emergency calls for service;
(d)

eliminate communication barrier;
(e)

select and train communications personnel; and
(f)

ensure security and confidentiality of information;
3.

Department of Information, Communication and Technology

The Service shall have a Communication department whose function is to maintain proper flow of information within and outside the Service for effective communication.
4.

Staff Officer, Information Communication and Technology

The department shall be headed by a staff officer, who shall be responsible to the Inspector-General for all matters affecting the organization and administration of the Communication department, including-

(a)

the selection of equipment;
(b)

installation, maintenance and repair of communication equipments; and
(c)

conducting training and induction courses for communications staff.
5.

Communication Centers
(1)

Any officer working in the field or handling an assigned call shall be in radio contact at all times.
(2)

A list of established National Police Communication Centers and their respective call signs and frequencies shall be issued by the Staff Officer, Information, Communication and Technology from time to time.
(3)

The frequency allocated to each work station shall only be changed after obtaining permission from the Staff Officer Information, Communication and Technology.
(4)

The radio system is to be used for transmitting official police business only, and such transmissions shall be brief and impersonal.
(5)

Members of the Service shall not use the police radio to obtain information that is readily available through a telephone or computer terminal and shall conduct their own record checks, except when safety may be jeopardized or when a computer system is not readily available.
(6)

Members of the Service shall abide by established procedures and shall practice common courtesy when using the police radio.
(7)

Non-emergency calls may be dispatched via computer systems by either voice or data.
6.

Location of communication rooms

Communication rooms shall be located in designated places away from unnecessary interference and access of transmission to illegal audience.
7.

Personnel establishment

The department shall have a personnel establishment with technical and software capabilities and radio operating staff deployed in accordance with the establishment in the National Police Service.
8.

Deployment

Personnel within the department shall be deployed at established police communication centers with call signs and frequencies listed –

(a)

operators;
(b)

telecommunications technicians;
(c)

information technology officers;
(d)

electrical technicians; and
(e)

power plant technicians.
9.

Establishment of information, communication and technology workshops

The Inspector General or the Deputy Inspector-General shall organize Information, Communication and Technology Workshops which may be located in Counties, Formation and Units.
10.

Control of security messages or information
(1)

The security messages sent by Police communication facilities, shall be limited to—

(a)

official messages or information of Service, the Kenya Wildlife Services, the Prison Service, the Kenya Defence Forces, the Kenya Forest Service, and the National Youth Service when controlled or authorized by the Joint Communication Board; and
(b)

urgent or special messages or information from other Government departments where no other faster means of communication is available with the authorization of the officer in charge of the station or camp, post, outpost and unit bases, however, such information shall—

(i) only be passed for transmission if signed by the officer-in-charge station or camp, his or her deputy or duty officer and
(ii) only be passed between Police Formations, Units and shall not be addressed to private individuals or telegraphic addresses other than Official National Police Telegraphic Addresses.
(c)

messages or Information relating to control of Aircraft and Marine Vessels.
11.

Checking of the Information or Messages

No Information shall be accepted for transmission unless it has been checked, accepted and signed by its author.
12.

Reference number to preface information

The text of all messages or information shall commence with an appropriate reference number, date and time.
13.

Presentation of Information
(1)

Information or messages for transmission shall be typed or written in block letters to avoid errors and prepared in duplicate on message pads.
(2)

The original copy shall be sent to the respective Service Communication Centre concerned for transmission while the duplicate shall be retained by the originator for filing.
(3)

The text of a message shall be short, consistent, precise and clear.
14.

Priority of messages or information and delay time allowed
(1)

The precedence of messages or information shall be classified as follows—

(a)

FLASH - prefix "Z" - reserved for matters of life and death and incidents of major significance concerning national security.
(b)

IMMEDIATE prefix "O"- reserved for messages of operational emergency, urgent crime reports, navigational warnings and air movements.
(c)

PRIORITY - prefix "P" - reserved for messages concerning operational and other important and urgent matters for which routine precedence shall not suffice.
(d)

ROUTINE - prefix "R" - reserved for all types of messages, which are not of sufficient priority to justify, a higher precedence.
(2)

Delays allowed in the Message Centre or Communication Centre of or information Centre of origin shall be–

(i) FLASH - Nil
(ii) IMMEDIATE - Nil
(iii) PRIORITY - 1 hour.
(iv) ROUTINE - 12 hours.
(3)

If an information or message has not been transmitted within the delay period allowed, the originator shall be informed and the reason as to the delay logged.
(4)

The authority for the use of "FLASH" is vested in the County Commander or his or her deputy, a Formation Commander or his nor her deputy, or any Gazzetted officer.
(5)

Multiple addresses shall also be given the precedence required and this shall be inserted in Box No. 1 and No. 2 where applicable the message form.
15.

Writing message precedence
(1)

When a message is handed in at a communication room for transmission, the message precedence shall be written in the message form Box No. 1 and No. 2 if applicable by the officer originating the message.
(2)

If no precedence instructions have been written in the provided space, operators shall insert "ROUTINE" and treat the message as such.
16.

Message delivery.
(1)

Suitable arrangements for delivery of messages shall be made by the Officer-in-Charge of Formation or Unit.
(2)

A message receipt book shall be used in which addressees shall be required to sign for messages received except electronic mails (emails) which shall be acceptable upon being proved genuine.
17.

Messages or information received by telephone

Messages or information sent by telephone to a Service Communication Centre shall be followed by a written message which shall be clearly marked "Confirmation Copy".
18.

International Emergency Calls
(1)

The following international precedence shall apply to international emergency calls—

W/T……………… R/T

Distress S O S……………… MAYDAY MAYDAY

Urgency X X X……………….PAN

Safety T T T……………….SECURITY (Pronounced SAYCURE-E-TAY)
(2)

A distress call shall have absolute priority over any other transmissions and all stations hearing it shall immediately cease any transmission which could cause interference to the distress traffic and listen on the frequency for the sending of the distress message.
(3)

All distress traffic shall be logged in detail.
(4)

the International frequency in the mobile service is 500 KHZ but stations may use any other frequency on which attention might be attracted.
(5)

An urgency call shall have priority over any other communications except distress call, and all stations hearing it shall take care not to interfere with the transmission of the message which follows.
(6)

The initial transmission of an international emergency call shall be authorized by the Officer Commanding the formation concerned and shall not be sent by operators on their initiative unless under exceptional circumstances, further, the authorizing signature of the Officer-in-Charge shall be obtained and shown on the copy of the message.
(7)

Except in a genuine case of Distress or Urgency, the transmission of International Emergency Calls is absolutely forbidden.
(8)

Disciplinary action shall be taken against any operator who fails to keep radio (transmitter) silence after an emergency message has been transmitted, or who sends this message without authority from his/her Formation commander.
19.

Operators not to leave Communication room unless relieved

An operator on duty shall not leave the communication room during watch keeping schedules unless properly relieved or instructed by the immediate superior or a communications officer.
20.

Duties of the Station Commanders
(1)

Operators shall clean the wireless equipment, communication rooms and associated power plants, solar panels and batteries.
(2)

Station commanders shall ensure—

(a)

the generator sets are refueled correctly;
(b)

naked flames and/or lighted cigarettes or pipes are not permitted within 10 metres of such plants;
(c)

suitable fire-fighting equipment’s are available in or near the engine rooms; and
(d)

a suitable notice of fire precautions shall be printed in English and Kiswahili and affixed to the engine room door.
21.

Unauthorized persons

Unauthorized person shall not be allowed in any Communication room or communications office and contents of messages or information shall not be divulged by operators to unauthorized persons.
22.

Radio Telephone Procedure
(1)

Joint services radio telephone operating procedure shall be used on all voice networks except the Radio Trunk communications system.
(2)

There shall be only two network languages permitted on Service Radio Networks, English and Kiswahili, only in cases of extreme urgency may a vernacular language be used.
23.

Loss or damage of communication equipment
(1)

Loss or damage of any Communication equipment shall be reported immediately to the officer in charge of the parent station who shall at once investigate the circumstance and endeavor to recover the lost items.
(2)

An inquiry into the loss or damage shall commence and the file shall be submitted to the respective Service headquarters through the County Commander or Unit or Formation Commander within 10 days of the discovery of the same.
24.

Accounting for Communication equipment

All communication equipment issued to a County, Formation and Units shall be taken on ledger charge on receipt and accounted for.
25.

Misuse of communication equipment
(1)

An officer authorized to use communication equipment shall not misuse them.
(2)

Misuse of communication equipment includes—

(a)

tuning to unauthorized frequencies or channels;
(b)

equipment being handled by unauthorized person;
(c)

leaving radio communication gadgets unattended; or
(d)

tampering with frequencies.
26.

Battery charging plants

Officers-in-Charge of station, Police post and outpost shall ensure, battery charging plants of the Communications Directorate shall not be used to charge any batteries other than those of police radio.
27.

Communication equipment

Communication equipment includes computers, radio gadgets, cameras, telephones, tele-machines, televisions, fax and micro-wave equipment’s servers.
28.

Maintenance of communication equipment
(1)

Repairs of the Service Communication equipment shall only be done by technicians of the National Police Service Communications Department or any other person authorized by the Service.
(2)

All faults observed shall be reported to the Station Commander who shall immediately inform the nearest Communications Officer.
29.

Service H.F (High frequency), V.H.F (Very High Frequency), U.H.F (Ultra High Frequency) and IP (Internet Protocol) network

Charts showing the Service High Frequency (H.F), Very High Frequency (V.H.F), Ultra High Frequency (U.H.F) and IP network shall be published from time to time by the Communications Department.
30.

New Installations

New installations either static or mobile shall not be carried out without the specific approval of the Staff Officer Communication.
31.

Radio Log-Book
(1)

All Static Police Communication Centers shall maintain an official Radio Log-book in which shall contain–

(a)

stations to which communication is established;
(b)

date and time of all transmission;
(c)

frequency in use;
(d)

brief details of communication between other stations on the frequency;
(e)

receipt of messages;
(f)

any suspected faults to equipment;
(g)

confirmation that silence period has been observed; and
(h)

signature of communication operator on watch.
(2)

The date, time and signature of operators opening or closing watches shall be logged on watch change over and such signature of the operator going off duty and the operator commencing duty shall appear on separate lines of the log-book on every such occasion.
(3)

Message and information registers shall also be kept at each Communication Centre and the registers together with the log-book, shall be checked daily by the Senior Operator and faults and omissions recorded shall be corrected.
32.

International silence period
(1)

With the exception of "999/112" Network, all police Communication Centers on both H.F and V.H.F. frequencies shall maintain the Standard International Silence Period from the hour +15 to the hour +18 and again from the hour +45 to the hour +48 to allow emergency calls to be made from any station without interference from normal communications.
(2)

To facilitate the maintenance of the period, all Communication Centre clocks shall be marked in red over these periods.
33.

Unfair wear and tear reports
(1)

The Communications Officer shall submit the unfair wear and tear report to the Director of Communication for necessary action.
(2)

The procedure to be adopted on discovery of defects shall include–

(a)

immediate reporting to the Officer-in-Charge Communications, who shall take prompt action to have them repaired;
(b)

investigation of any defects, loss of damaged occasioned by neglect with a view to recovering the cost of repair or replacement thereof from the person responsible;
(c)

where any defects in equipment renders its use unsafe or illegal, its use may be prohibited until such defects are corrected; and
(d)

ensure equipment with faulty circuit systems are not used under any circumstances.
34.

Uniformed Communications officers
(1)

Uniformed junior officers of the Communication Directorate are attested National Police Service Officers and their ranks shall be those normal to the Service with the suffix "Communication" added.
(2)

Communication Operators shall serve the Directorate after initial training for at least five years before reverting to other duties on request and subsequent approval by the Inspector-General.
35.

Communication Badge

Trained operators shall wear the official Communications badge as laid down in Dress Code Order in these Service Standing Orders.
36.

Promotion of Communications Directorate Personnel

Promotion of uniformed personnel within the Communications Directorate shall be in accordance with the provisions of the Examinations and Promotions Order in these Service Standing Orders.
37.

Communications Directorate standing instructions

The Communications Directorate Standing Instructions on Communication, Engineering Stores or General, in the Joint Service Operating Procedure shall provide detailed instructions.
38.

Service telegraphic addresses

The Service shall maintain the following telegraphic addresses—

(a)

a list of National Police Service Headquarters Telegraphic Addresses as contained in appendix 24(a) to these Orders;
(b)

a list of Kenya Police Service Telegraphic Addresses is contained in appendix 24(b) to these Orders;
(c)

a list of Administration Police Service Telegraphic Addresses as contained in appendix 24(c) to these Orders; and
(d)

a list of Directorate of Criminal Investigations Telegraphic Addresses is contained in appendix 24(d) to these Orders.
39.

Establishment of Power Plant Units
(1)

The Inspector-General shall authorize the establishment of power plant unit based on Information, Communication and Technology requirements.
(2)

Except in an emergency, power plant units shall not be installed, temporarily or permanently, at any police station, police post or base without the authority of the Inspector-General.
(3)

Applications for additional plants shall be made to the Inspector-General through the normal channels and shall be fully supported, giving detailed information, which includes—

(f)

station/post at which plant(s) is or are required;
(g)

type of plants; and
(h)

the reasons.
40.

Use of power plants
(1)

A power plant shall only be used for the operation of the National Police Service communication equipment and not for any other purpose, unless specifically authorized by the Director of Communication.
(2)

Power may be supplied from the Service Power Plants to Police offices, stores, houses, police canteens and other Government Departments on authority from the Director of Communication and any arrangements so made shall be covered by a written agreement.
41.

Officer-in-charge

For purposes of these orders, the "Officer-in-Charge" of a power plant shall be deemed to be the Officer-in-Charge plants, of the formation to which the power plant is on charge and such Officer shall be responsible for the proper operation of the plant.
42.

Boarding of power plants
(1)

The Director of Communication shall make recommendations for boarding of power plants, and arrange the Board of Survey made from Service Headquarters.
(2)

Power plants awaiting inspection by the Board of Survey shall not be cannibalized without written authority from the Director of Communication.
43.

Serial numbers
(1)

Every plant shall be allocated a serial number by the Director of Communication which shall be painted on each plant.
(2)

Every police battery shall bear a registration number, which shall be branded into the side or end of the battery and have the prefix of the National Police Service or respective Service followed by the institution registration numbers.
44.

Records
(1)

The Director of Communication shall maintain at the Headquarters a record of all power plants.
(2)

A power plant log book shall be kept in respect of each plant and details of fuel and lubricating oils used and hours run shall be entered in the Log Book.
(3)

Responsibility for entries in the log book shall be that of the Officer-in-Charge where the plant is installed.
45.

Monthly summary in the Power Plant Log Book

On the last day of each month, the number of hours and them amount of fuel and lubricating oil used shall be summarized in the Power Plant Log Book, transferred to the monthly Power Plant Return and forwarded in the same manner as laid down in the Reports and Returns Order in these Service Standing Orders.
46.

Maintenance, replacement and installation of Power Plants

The maintenance, replacement and installation of power plants shall be the responsibility of the Staff Officer Communication.
47.

Fire precautions

The Officer-in-Charge of enforcing fire precautions shall ensure that at all times–

(a)

the buildings are kept clean and tidy;
(b)

no stores item, or fuel is stored in the engine house;
(c)

when separate storage facilities are not immediately available, or the quantity of liquid fuel held is insufficient to warrant such facilities, the fuel is stored in the open, in a pit sufficiently large to hold the containers and situated 30ft.(10m) clear of all buildings and combustible materials;
(d)

notices bearing simple suitable instructions to staff in the event of fire, are prominently displayed, preferably on the outside of the door including information as to how to call the Fire Brigade;
(e)

all staff are instructed in the use of the available firefighting equipment;
(f)

"No Smoking" or "Naked Lights" notices are prominently displayed near or on the buildings;
(g)

if the fuel tank has to be refilled during the hours of darkness and electric light is not installed in the engine house, only electric torches are used to provide light and that fuel powered plant’s engine is switched off before the engine tank is replenished with fuel;
(h)

an adequate supply of buckets of sand or earth or appropriate portable fire extinguishers is kept inside and outside the engine room and C.T.C (Carbon tetrachloride) extinguishers shall under no circumstances be used inside a building;
(i)

water is not used to extinguish fires owing to the danger of electrocution;
(j)

the doors of engine rooms are kept open when any person is inside, to permit rapid exit shall fire occur such doors shall, if possible, open outwards; and
(k)

adequate ventilation is maintained in engine rooms, preferably near ground level and protected by wire gauze.
48.

First Aid

Form L.C 250 "First Aid Treatment of Minor Injuries", which is obtainable from labour Officers or from the Director of Communication, shall be displayed at a prominent place in all engine rooms for use, and an adequate supply of the dressings recommended shall be kept available.
49.

General

Occupational Damage or Misuse reports (FORM P81B) shall automatically be raised in every case of damage to power plants and shall be forwarded to the Director of Communication.
50.

Inventory

All communication rooms shall maintain an inventory of all equipment and furniture.
51.

Communication standard operating procedures

The Director of Communication shall develop Standard Operating Procedures to guide communication in the National Police Service.
52.

Guidelines for the use of Service mobile phones
(1)

Service mobile phones issued shall be used according to the following guidelines—

(a)

officers on duty shall ensure the mobile phones assigned to them are always charged;
(b)

officers on duty shall carry the mobile phones with him;
(c)

when calling from service-issued mobile phone to service issued mobile phones employees shall use the direct-connect feature whenever possible;
(d)

directory assistance calls shall not be placed;
(e)

while on-duty, the service-issued mobile phone shall be activated, unless the current task the officer is involved in could create officer safety issues, the officer is attending meetings, or any other time the mobile phone would interfere with police business;
(f)

all employees issued with a mobile phone by the service shall—

(i).ensure the phone is charged;

(ii).keep the phone on at all times except in those circumstances where it may be considered disruptive or distractive;

(iii).keep the phone on their persons or close enough to their person to answer a call;

(iv).respond to all calls related to operations within a reasonable length of time; and

(v). be responsible for the accountability and proper care of the mobile phone as well as the proper usage, and any accessories that the employee is issued associated with the mobile phone.
(g)

members of the Service shall not use the Service issued mobile phone for calls that may be considered as prank calls, obscene, threatening, demeaning, harassing, annoying or otherwise offensive in nature.
53.

Guidelines on use of personal mobile phones
(1)

Personal mobile phones shall be used according to the following guidelines—

(a)

in general, personal business shall not be transacted using Service issued mobile phone;
(b)

personal mobile phones or electronic devices shall not be used while driving;
(c)

the Service shall not repair or replace personal mobile phones or other personal electronic equipment;
(d)

a police officer shall not use his or her personal mobile phone while actively engaged on duty unless the use is necessary for the execution of duty an officer is actively engaged in; and
(e)

a police officer shall use his or her personal mobile phone to take photographs of a crime scene.
54.

Approved mobile phone usage
(1)

Service owned mobile phones shall be used as a secondary form of communication and are not a substitute for radio communication.
(2)

Approved mobile phone usage includes—

(a)

conveyance of sensitive or restricted information, like the radio, there is no reasonable expectation to privacy while using a mobile phone;
(b)

undercover operations, special assignments communication beyond normal radio range; and
(c)

incidents in which direct communication with an employee and the public is critical;
(3)

Every effort shall be employed to secure mobile phone communication through encryption and other technologies.
(4)

Members of the Service shall survey their surroundings wherever they want to convey confidential information and at their discretion determine the appropriateness of conveying the information in those circumstances.
55.

Social media

Photo messaging and information transmission by members of the National Police Service on social media is prohibited unless they can be clearly linked to the conduct of official business.
56.

Audit

Random and periodic audits of Service issued mobile phone usage and financial charges may be conducted at the Service discretion.
57.

Service mobile phone use by public
(1)

Service issued mobile phone numbers may be provided to the public for communication.
(2)

Personnel shall not provide the mobile phone number of any member of the Service to the public without the authorization of the mobile phone user or the Inspector-General or his or her designee.
58.

Professional use of Service and personal mobile phone
(1)

(2) In particular, Service and personal mobile devices shall not be used—

(a)

to communicate information that may disparage, threaten, or harass others;
(b)

to make statements that may be considered defamatory;
(c)

to communicate sexually explicit material, propositions or suggestive remarks;
(d)

to communicate aggressive material including threats, violence, abuse, obscenities or material that promotes illegal acts;
(e)

to discriminate in any way, to harass or victimize including insults or "jokes" related to a person’s protected characteristic including age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation;
(f)

to conduct political, religious or any other inappropriate lobbying or canvassing;
(g)

to conduct personal, private or freelance business interests; and
(h)

any other form of communication that may be prejudicial to the integrity and good image of the Service.
59.

Monitoring

The Service shall monitor and record usage of every Service mobile device, including personal use.
60.

Safety precautions on the use of mobile phone

Users of Service or personal mobile devices for Service business purposes shall—

(a)

protect the PIN or securely lock their mobile devices in order to safeguard access to any personal information stored;
(b)

ensure that their mobile device is kept physically secure and remains under their control at all times;
(c)

ensure that no sensitive or protectively marked Service data is stored on their mobile device at any time unless on an approved device;
(d)

ensure that any Service issued smartphone is used in accordance with its operating procedure;
(e)

ensure that Service devices are not connected to any public or private Wi-Fi networks, either at work or at home;
(f)

not update, install upgrades, patches, software or applications on the Force device and if such updates or installations are required for policing purposes users shall make representation to the department of Information, Communication Technology;
(g)

not connect their service device to a non-Service computer, even for the purposes of charging;
(h)

not attempt to subvert or disable or force authentication, security controls or systems; and
(i)

turn off the location-based service on their smart phone as it can be used to track locality.
61.

Loss, Theft or Damage of mobile phones
(1)

An individual shall notify his or her immediate commander of any loss, theft or damage to any Service owned mobile device immediately and where relevant a Security Incident report shall be completed.
(2)

Where an employee loses a Service owned mobile device through negligence or carelessness, the Service reserves the right to surcharge the employee for the full replacement cost of the device as the case may be.
62.

Review and Monitoring of Mobile phone Usage
(1)

The offices of the Inspector General, Deputy Inspectors-General, Director, Directorate of Criminal Investigations and Internal Affairs Unit, shall review all monthly mobile phones invoices, including the detailed billing records, for accuracy and to ensure each mobile phone is billed on the correct service plan.
(2)

The offices reffered under h (1) shall determine whether a particular department issued mobile phone needs to be changed from one service plan to another based on review of those detailed billing records and shall advise members of the service and their commanders accordingly.
(3)

The Office of the Inspector-General may further recommend changing the plan or reimbursement.
(4)

Monthly detailed billing records shall be reviewed to determine whether they reflect questionable charges which may include—

(a)

telephone calls that are extremely excessive in length such as a single;
(b)

excessive personal or unauthorized calls;
(c)

the identification of telephone calls made to inappropriate entities such as 900 numbers or call-in sports or talk-radio programs;
(d)

the repeated use of directory assistance at a cost to the police Service; and
(e)

any other unauthorized calls as provided for in the mobile phone use.
63.

Memorandum
(1)

Any billing record sent out to the Inspector-General for review by the Offices responsible for professional standards shall have a memorandum outlining the reason for recommendations which may include—

(a)

no further action;
(b)

discipline action; and
(c)

training.
(2)

The memorandum from the Office of the Inspector-General and the Offices responsible for professional standards shall be forwarded to the Inspector-General for disposition and request for a change in the service plan shall be forwarded to the Office of the Inspector-General for determination.
64.

Order of written communication
(1)

The chain of command shall be followed in all written communications regarding Service policies or relevant changes in procedures, unless otherwise directed.
(2)

Any correspondence that may require the Inspector-General’s signature shall be forwarded through the chain of command to the Inspector-General’s Office.
65.

Types of Correspondence Files
(1)

The following files shall be maintained for official correspondence in the National Police Service—

(a)

top secret;
(b)

secret;
(c)

confidential;
(d)

personal – confidential;
(e)

personal – open; and
(f)

open correspondence file.
66.

Maintainance of Files

Files shall be treated and maintained in the following manner—

(a)

top secret, secret and confidential maintained in accordance with instructions contained in Government of Kenya Security Manual;
(b)

personal confidential and open – gazetted officers’ files maintained by the respective Deputy Inspectors-General at service headquarters, county or formation commanders;
(c)

county personal confidential and open inspectors and civilian staff files shall be maintained by county or formation commanders mentioned in h (b), sub-county commanders, in respect of inspectors and civilian staff under their command;
(d)

confidential personal files shall contain correspondence of a confidential nature such as annual confidential reports, matters of conducts, discipline and promotion, serious complaints by the public, and other matters to which subordinate and clerical staff shall not have access;
(e)

personal open files shall contain correspondence of a purely routine and administrative nature and shall be marked "county" or "sub-county" as the case may be in order to indicate clearly the destination of such files in the event of the officer concerned being transferred;
(f)

personal open files - junior officers: shall be maintained at unit/formation/county and sub-county headquarters, transport and communications branch of service headquarters and on transfer of the officer concerned they shall be forwarded by registered post to the county/sub-county to which he or she has been transferred, numbered "pf" followed by the relevant service number;
(g)

"open correspondence files" shall contain routine and administrative matters of which a permanent record is required.
67.

Timeframe for acknowledging and responding to correspondence
(1)

The National Police Service shall acknowledge within 24 hours of receipt, any correspondence requiring an acknowledgement and this shall be done at the point of initial receipt or booking in.
(2)

The National Police Service shall endeavor to send a reply for any correspondence requiring a response within 20 working days of the date of the acknowledgement.
68.

Correspondence to headquarters

Correspondence to Service Headquarters shall be dealt with through the respective Deputy Inspectors-General.
69.

All communications to be signed
(1)

Written communications of any nature shall be dated and signed by the author.
(2)

Officers acting on behalf of the Officer-in-charge of any formation shall sign "for" the latter and not over their own official designations.
70.

Rules for correspondence

The general rules that shall apply to all correspondence are—

(a)

copies of all outward correspondence shall be retained;
(b)

such copies shall be filed in a chronological order;
(c)

replies shall not be minute on original correspondence but shall be the subject of separate letters;
(d)

all correspondence shall be given a reference number and an appropriate heading;
(e)

sufficient copies shall always be sent to the addressee for each formation in the channel of distribution to be able to retain a copy or for distribution to be made when necessary;
(f)

a separate letter shall be written for each subject, or when persons are mentioned in the same letter sufficient copies shall be forwarded to allow for filing under each heading;
(g)

the name of the writer shall be typewritten or printed above his or her designation;
(h)

margins of at least one inch shall be allowed to facilitate filing; and
(i)

all correspondence shall be dealt with promptly and interim replies or acknowledgements may be sent.
71.

Content of correspondence not to be divulged

Copies of official correspondence shall not be given to or divulged to members of the public or any unauthorized person.
72.

Methods of Address

The methods of addressing official correspondence shall be—

(a)

members of the Public:- Commencing "Dear Sir" and terminating "Yours faithfully";
(b)

the Chief Justice and Judges:- "The Honourable The Chief Justice" or "The Honourable Mr./Lady. Chief Justice" followed by the address and the designation "Sir/Madam";
(c)

correspondence within the Service shall be addressed in the manner set out in Appendix 42(e).
73.

Head of Departments Authority to sign correspondence
(1)

A head of department may only sign correspondence, orders, directives and instructions on behalf of the Inspector-General on matters relating to Police Orders affecting the department for which he or she is responsible, and is authorized to communicate on behalf of the Inspector-General, with other Government Departments, and may correspond with the agents and suppliers abroad with the concurrence of the Administrative Secretary.
(2)

Departments shall be listed in the Service Establishment, Service Headquarters summary, and area and shall include−

"A" Department - Personnel.

"B’ Department - Operations

"C" Department - Transport

"D" Department - Communications Branch

"E" Department - Supply.
(3)

Staff officers responsible to heads of departments may sign correspondence, orders, directions and instructions to addressees within the National Police Service on behalf of the department head and subject to his specific authority on matters of a routine nature.
74.

Correspondence with adjacent services
(1)

Except in cases of emergency, all correspondence with other Services on criminal matters shall be conducted through Directorate of Criminal Investigations Headquarters.
(2)

In cases of emergency or on formal or routine matters, County Commanders on the borders of Kenya may communicate with the neighboring Executive Officer in adjacent Services.
(3)

Correspondence to the Headquarters of other Services shall be made through National Police Service Headquarters.
75.

Code messages
(1)

A coded copy shall not be retained when dispatching a code message and all notes thereon shall be destroyed.
(2)

A paraphrased copy of the message en clair shall be inserted in the relevant file and shall be marked "Dispatched in Code".
(3)

When a code message is received, a paraphrased copy of the decoded message en clair shall be typed on a sheet of paper leaving a clear space at the top on which the upper portion of the telegram or signal showing the place of origin, the time of dispatch and receipt shall be pasted and the original message and decoding notes shall then be destroyed.
76.

Saving gram

The "Savings gram" method shall be used for suitable correspondence with other Government Departments and such correspondence shall be condensed in the form of telegrams or signals transmitted by mail in the ordinary way.
77.

Use of radio network
(1)

A service radio network shall be used for transmission of short routine correspondence.
(2)

Post Office Telegraphs Service shall not be used where police radio links exist.
78.

Relations with County Administration
(1)

The relationship between officers of the County Administration and the Service shall be regulated by the National Government and Co-ordination Act, (No. 1 of 2013).
(2)

The immediate responsibility for all acts which touch upon the peace and good governance of a Sub-County and upon the general working of the machinery of Government rests upon the Sub-County Commander.
(3)

There shall be constant consultation and co-operation between the Sub-County Commander and the Local Service Commander and any difference of opinion arising between them shall be referred to higher authority by both sides, however, where urgent decisions need to be made, the view of the County Commander shall prevail.
(4)

A Sub-County Commander, before embarking on any new course of action which is likely to affect the maintenance of law and order, shall seek the views of the County Commander.
(5)

The County Administration shall provide the duty of officers of the Service, with such assistance within their power in order to enable the Service to carry out their duties with the maximum efficiency.
(6)

The Service shall assist the County Administration to the fullest extent possible and facilitate a full interchange of information between the County Administration and the Service.
79.

Relations with the public
(1)

In their relations with the public, police officers shall–

(a)

at all times remember that they are public servants and accordingly treat all members of the public with the utmost civility, forbearance, good temper, calmness and firmness;
(b)

avoid arguments, gossiping and unnecessary conversation and interference with members of the public when on duty, but readily give all proper information if asked by any person, and provide his or her name and number when requested so to do;
(c)

ensure a third person, preferably another Police Officer, is present at interviews by the Service to individuals considered likely to give either deliberately or through misconstruction, an incorrect account of what transpired or the points arrived at during the course of such interviews;
(d)

readily admit a mistake and as far as possible, rectify it without delay, however, an officer involved in an incident which may result in criminal or disciplinary proceedings shall admit liability without due regard to the consequences;
(e)

be prompt in investigating complaints as delay can aggravate the complaint and give opportunity for collusion or the suppression of evidence;
(f)

under no circumstances enter into any sort of negotiation with a complainant or his legal representative nor admit or accept any liability for any alleged claim for compensation or similar redress; and
(g)

ensure any correspondence with complainants or their advocates is confined to a police acknowledgement which shall be endorsed "without prejudice".
80.

Communication with the press
(1)

When communicating with the press, members of the Police Service shall—

(a)

understand their duties, and maintain a cordial understanding and cooperation with the press;
(b)

Inform them that much information possessed by the Service is either of a secret or confidential nature for official use only and they have no right to disclose such information to a third party
(c)

bear that information shall not be given to the Press on among other grounds—

(i) for security reasons nothing shall be divulged regarding a subject which is classified as secret or officially withheld from publication, nor shall any information be given which is likely if published to prejudice the safety of members of the Police or Security Services or the success of their operations,
(ii) for confidential reasons - no information shall be given from official Police records and no statement be disclosed which has been made to the Police by a third party,
(iii) for general reasons - no information shall be given which may affect either a specific or possible Service investigation or may interfere with the course of justice or the prosecution of an offender or which is likely to cause embarrassment to the relatives of a deceased or injured person, or to the relatives of any person involved in an occurrence with which the Service is concerned.
(2)

A daily report may be prepared at the Service Headquarters and a copy supplied to the Press Officer at Nairobi.
(3)

The following information shall not be released to the news media—

(a)

statements related to the character or reputation of an accused person or a prospective witness;
(b)

admissions, confessions, or the contents of a statement or alibi attributable to an accused person;
(c)

the performance or the results of any tests, or the refusal of the accused to take a test or to participate in a lineup, except that which is a matter of public record;
(d)

statements concerning the credibility or anticipated testimony of prospective witnesses;
(e)

the possibility of a plea of guilty to charges or to a lesser offense or any other disposition;
(f)

opinions concerning the evidence or any argument in the case whether or not it is anticipated that the evidence or argument shall be used at trial; and
(g)

the contents of any note or message left by the victim of a suicide.
(4)

The categories of classified information include—

(a)

"top secret" means information whose unauthorized disclosure would cause exceptionally grave damage to the interests of the State;
(b)

"secret" means information whose unauthorized disclosure would cause serious injury to the interests of the State;
(c)

"confidential" means information whose unauthorized disclosure would be prejudicial to the interests of the State; and
(d)

"restricted" means information whose unauthorized disclosure would be undesirable in the interests of the State.
81.

Limitation in release of information on security grounds

The limitation of access to information shall—

(a)

comply with Article 24 of the Constitution; and
(b)

satisfy the following criteria—

(i) ensure the protection, maintenance of and promotion of national security, public safety, public order and protection of the rights and freedoms of others;
(ii) be necessary to achieve the mandate of the Council;
(iii) operate without discrimination; and
(iv) be exceptional and not derogate the core or essential content of the right or freedom being limited.
82.

General Information
(1)

Officers-in-charge of formations and holding a rank of assistant superintendent and above are authorized to give a general situation report verbally to a representative of the press if requested.
(2)

A police officer holding a rank of assistant superintendent and above is authorized to verbally give supplementary information about an occurrence which has already been reported to the Service Headquarters, and which has been subsequently released to the Press on behalf of Government except when the information required by the Press refers to an incident of minor character but of local interest which would not normally be reported to Service Headquarters.
(3)

Police officers mentioned under h (2) ranks may also arrange interviews with the Press and individual police officers who have been concerned in an occurrence.
(4)

Interviews under paragraph (3) shall take place in the presence of a police officer of a rank of Assistant Superintendent or above and the names of individual police may be given when this is considered desirable.
(5)

Background information, including biographies of criminals,the history and dispositions of criminal gangs shall not be given unless disclosed by Service Headquarters.
(6)

Information to the Press as provided above shall be given only to representatives of newspapers published in Kenya or to accredited representative of overseas papers who are in possession of Press Cards issued by The Media Council Of Kenya
83.

Media access to information
(1)

The media may access information from the Service, to facilitate this—

(a)

news media representatives may have access to members of the Service who shall in turn cooperate with and assist media personnel in an objective, impartial and courteous manner without jeopardizing investigations or infringing upon the privacy rights of the citizens;
(b)

the decision to release information or participate in interviews shall be made according to the facts of the case; and
(c)

routine requests for information shall be coordinated through the Public Information Officer and all inquiries from the news media pertaining to management responsibilities, shall be referred to the Inspector General’s Office via the Public Information Officer.
(2)

Media representatives may photograph and report anything they observe when legally present at an incident scene, however, where publication of such coverage would interfere with an official investigation or place a victim, suspect, or others in jeopardy, officers shall advise the media representatives or their superior of the possible consequences of publication but may not interfere with the media's activities as long as such activities remain lawful.
(3)

News media representatives shall interview persons in police custody.
(4)

A police officer shall not release information to the media regarding ongoing criminal investigations without prior notification and approval from the Public Information Officer.
(5)

Any complaints of being denied information may be referred to the Officer-in-Charge of an incident scene, the field supervisor, or the Public Information Officer.
84.

Duties of the public information officer
(1)

The duties of a Public Information Officer include—

(a)

assisting news personnel in covering routine news stories, at the scenes of incidents;
(b)

assisting the media on an on-call basis;
(c)

to prepare and distribute news releases;
(d)

to arrange for, and assist at news conferences;
(e)

coordinate and authorize the release of information about victims, witnesses and suspects;
(f)

assisting in crisis situations within the Service; and
(g)

coordinate the release of authorized information concerning confidential Service investigations and operations.
85.

Cooperation with the media
(1)

Authorized news media representatives shall have reasonable access to the Public Information Officer, the Service’s Chief Executive or his designee and operations of the Service as governed by these standing orders.
(2)

Where a media representative is denied certain information, the basis for that denial shall be fully and courteously explained.

(a)

the Service shall recognize authorized identification from local, national and international news organizations; however, failure to produce authorized identification by media personnel may form grounds for restricting access to requested information or to incident scenes;
(b)

public information shall be released to the media as promptly as circumstances allow, and in an objective manner;
(c)

public information may be provided to media representatives by telephone if the identity of the representative is known or can be authenticated;
(d)

ranking officers at a crime or incident scene may release information of a factual nature to the media as governed by this orders or refer the inquiry to the public information officer;
(e)

written press statements shall only be released after the approval of service’s chief executive or his designee;
(f)

the service’s communications center shall inform the duty officer, guard commander of duty non commissioned officers or watch commander as soon as possible about events or activities that may have media interest;
(g)

the watch commander shall be responsible for ensuring that the service’s public information officer, is informed of events that may have media interest.
86.

Investigative Information
(1)

Police personnel shall refer all requests for investigative information to the Public Information Officer, Inspector General, his deputies or his designee.
(2)

Information that may be released in connection with an investigation of an event or crime includes—

(a)

the type or nature of an event or crime;
(b)

the location, date and time, damages and a general description of how the incident occurred;
(c)

the type and quantity of property taken;
(d)

the identity and approximate address of a victim with the exception of sex crime victims, and in other cases where reprisals or intimidation may be employed;
(e)

requests for aid in locating evidence, a complainant or suspect;
(f)

number of officers or people involved in an event or investigation, and the length of the investigation; and
(g)

the name of the Officer-in-Charge of a case, his supervisor and Sub-County or unit assignment except: the name of any undercover officer.
(3)

Information that may not be released in connection with an investigation of an event or crime, unless authorized by the departmental chief or his designee, includes—

(a)

the identity of a suspect prior to arrest unless such information would aid in apprehending the suspect or serve to warn the public of potential danger;
(b)

the identity of any victim of a sex crime or any related information which, if divulged, could lead to the victim’s identity;
(c)

the identity of any victim or witnesses if such disclosure would prejudice an investigation to any significant degree, or if it would place the victim in personal danger;
(d)

the identity of any juvenile who is a suspect or defendant in a case subject to the jurisdiction of the juvenile court;
(e)

the identity of any critically injured or deceased person prior to notification of next of kin;
(f)

the result of any investigative procedure such as lineups, polygraph tests, fingerprint comparison, ballistics test or other procedures;
(g)

information which, if prematurely released, may interfere with the investigation or apprehension of the perpetrator;
(h)

information that may evidentiary be of value in criminal proceedings;
(i)

specific cause of death unless officially determined by the medical examiner; and
(j)

the home address or telephone number of any member of the Service.
87.

Arrest Information
(1)

Following arrest, issuance of an arrest warrant or filing of any information or indictment, it is permissible to release—

(a)

the accused’s name, age, residence, occupation and family status;
(b)

the time and place of arrest, whether pursuit or resistance was encountered, whether weapons were used, charges placed against the suspect and description of contraband seized;
(c)

the identity of the arresting officers and the duration of the investigation unless the officers are engaged in undercover operations; and
(d)

the amount of bond, scheduled court dates and place of the suspect’s detention.
(2)

Information that shall not be released without express permission of the Inspector-General following arrest and formal charging of a suspect, but prior to adjudication includes—

(a)

prior criminal conviction record, character or reputation of a defendant;
(b)

existence or contents of any confession, admission or statement of a defendant, or his failure or unwillingness to make a statement;
(c)

performance or results of any tests, or a defendant’s refusal or failure to submit to tests;
(d)

identity, statement or expected testimony of any witness or victim;
(e)

any opinion about the guilt or innocence of a defendant or the merits of the case; and
(f)

Any opinion or knowledge of the potential for a plea bargain or other pretrial action.
88.

Special consideration in criminal matters

Special considerations with regard to criminal matters shall include—

(a)

according every reasonable courtesy to news media representatives by Service personnel at crime scenes which may include closer access of personnel and equipment provided it does not interfere with the police mission or the movement of traffic;
(b)

barring media access to a scene if there is a possibility that evidence may be damaged, altered, destroyed or otherwise prejudiced by its existence being published or portrayed and only allow access once the evidence has been processed, removed and secured by the Service;
(c)

obtain the owner’s, or his representative’s consent before photographing, filming or video recording on private property;
(d)

not to pose suspects or accused persons in custody or arrange for photographs, telecasts or interviews, further, Service personnel shall not pose with suspects or accused persons in custody;
(e)

not to release to the media Service photographs, mug shots, videotape, film or composites of subjects in custody unless authorized by the Service chief executive or designee;
(f)

ensure that at the scene of major crimes, a preliminary press area is designated as early as possible and as close to the scene as safety and operational requirements allow; and
(g)

the fact that a suicide or suspected suicide has occurred may be reported to the media, along with factual information describing how it happened and details of the perpetrator, the fact that a suicide note exists may also be acknowledged but the content of such notes is confidential and shall not be released except as provided by law.
89.

Special considerations in non criminal matters

Special considerations that shall be accorded to non-criminal matters include—

(a)

upholding of the principles of media cooperation to the degree that they do not interfere with the mission of the police, fire, medical or other emergency relief workers at the scene of significant accidents, man-made or natural catastrophes;
(b)

media access to and movement within the fire lines controlled by the fire Officer-in-Charge, and the ranking police officer at the scene shall establish an observation point from which the media may photograph and observe the incident further, an inner perimeter may be established for the media from which they may record the event;
(c)

not to bar news media representatives from accessing any area solely because of the possibility of their injury or death, however, the media representative shall be advised of the possible danger and allowed to make the decision to act on his own volition;
(d)

not to release sensitive information relating to internal investigation of police officers shall not be without the express permission of the Inspector-General;
(e)

availing to media representatives daily reports of criminal activity and statistical reports on a routine basis;
(f)

protect from the media information whose release may—

(i) interfere with law enforcement proceedings including pending investigations;
(ii) deprive a person of the right to a fair trial or an impartial adjudication, or give one party to a controversy and unfair advantage by exclusive access to such information;
(iii) constitute an unwarranted invasion of the personal privacy rights of another;
(iv) reveal the identity of an individual who has furnished information to the departments under confidential circumstances;
(v) disclose investigative techniques and procedures, thereby impairing future effectiveness of the department; or
(vi) endanger the live or physical safety of any person.
90.

Alternative methods to disseminate information

The Service shall to pursue alternative methods of disseminating information directly to the public including community newsletters, government access cable television shows, web sites, public appearances by agency members and public area bulletin boards,
91.

Personal use of social media Order

This order sets standards that shall be followed when National Police Service employees use social media in a private capacity, especially if they identify themselves as National Police Service employees either directly or as part of a user profile, or if they can be identified as working for the National Police Service via the content of their posting.
92.

Public comment and police employment
(1)

Employees shall not, in their capacity as national police employees purport to make any official comment in social media about any incident, police policy or procedure without prior authorization and in accordance with the media policy.
(2)

Spokesperson appointed from the office of the Inspector-General or respective Service headquarters are responsible for representing the Service externally on matters concerning communities, crimes, or policing
93.

Public comment as a private citizen
(1)

Police officers as public citizens shall have the right to enter into public debates and comment on social, economic or any other issue, however, any comment shall be made strictly as a private citizen and be separate from, and avoid any reference to matters of or employment with the National Police Service.
(2)

Members of the Service shall not refer to their position or profession when expressing an opinion or participating in public debate in a private capacity and any comments shall not be seen to represent the National Police Service, Administration Police service, Kenya Police Service, Directorate of Criminal Investigations in part, or to compromise the officers ability to serve the government of the day in a politically neutral manner.
(3)

A police officer identifiable as such who posts offensive, racists, tribal, or obscene material on their personal social media site, shall be in breach of this order and shall be subject to a disciplinary procedure.
(4)

Members of the Service shall not identify themselves either directly or indirectly on social media site as employees of National Police Service Commission.
94.

On-line activity
(1)

Every Police officer shall behave honestly and in a way that upholds the values and the good reputation of the police Service whether on duty or off duty.
(2)

In posting to social media sites in a private capacity police officers shall—

(a)

be clear it is a personal opinion;
(b)

avoid posting material that may bring the Service into disrepute, or otherwise embarrass the government;
(c)

avoid posting documents classified as confidential, however, inks or references of documents on official websites or social sites are acceptable and the act is not an offense;
(d)

avoid comments on, suggestions or hints at matters that are likely to be currently under investigations;
(e)

under no circumstance make offensive comments about National Police Service, Adminstartion Police Service, Kenya Police Service and Directorate of Criminal Investigations as an entity or to individual Service colleagues;
(f)

not put to the public any unauthorized or confidential materials including training videos, police notes, and suspect’s interview videos which discloses police methodology to the public; and
(g)

remove any material posted on social media if uncertain whether such posting would amount to a breach of the law and seek advice from a senior officer.
95.

Authorized disclosure and social media groups
(1)

To avoid any risk of inadvertently posting inappropriate, confidential or sensitive information employees are encouraged to instead forward the images or information to the media relations officer at the respective Service headquarters for assessment and posting on official social media sites.
(2)

Social media groups shall be operated by well known account administrators or by group members and such groups registered to the respective media relations office at the respective Service headquarters.
96.

Improper assoiations and media
(1)

Police officers shall take all reasonable steps to identify and avoid associations with people, groups or organizations that are involved in any activity that is incompatible with the National Police Service role to uphold law.
(2)

A police officer contacted by the media about posts on their social media sites that relate to whole Service or part, shall talk to their superiors and the police media relations office before responding.
97.

Corporate Identity

The National Police Service, Kenya Police Service, Administration Police Service logos are an important visual for Service and crucial to its brand awareness and identity and the logo shall be used only in official communication and purposes within the guidelines spelt out in the communications and brand manual.

The following telegraphic addresses are registered with the Communications Commission of Kenya.

NATIONAL POLICE SERVICE HEADQUARTERS

1.

Inspector General - "NPS NAIROBI"
2.

Director of Communications - "DICOM NPS"

The following telegraphic addresses are registered with the Communications Commission of Kenya.

1.

Deputy Inspector General Kenya Police Service - "VIGILANCE NAIROBI"
2.

Kenya Police Headquarters - "VIGILANCE NAIROBI"
3.

Police Training College Kiganjo - "TRAINING KIGANJO"
4.

Police Staff College Loresho - "TRAINING LORESHO"
5.

G.S.U Training School, Embakasi - "TRAINING EMBAKASI"
6.

County Headquarters - COUNTPOL
7.

Divisional Headquarters - DIVPOL
8.

Police Station - STAPOL
9.

Police Post - POLPOST
10.

Police Patrol base - POLBASE
11.

Quartermaster - POLQUIP NAIROBI
12.

Sub-Depots - POLSTORES
13.

Communications:-

(a)

In-Charge of Communications - POLCOM NAIROBI
(b)

County - COUNTCOM
(c)

Divisional - DIVCOM
14.

Dog Unit - POLDOG
15.

General Service Unit - POLGEN
16.

Anti Stock Theft Unit - STOCKPOL
17.

Presidential Escort Unit - PRESCORT NAIROBI
18.

Kenya Railways Unit – POLRAIL
19.

Police Airwing - POLAIR NAIROBI
20.

Kenya Airports Police Unit - AIRPOL NAIROBI
21.

Diplomatic Police Unit - DIPLOPOL
22.

Tourist Police Unit - TOURPOL
23.

Marine Police Unit - MARIPOL
24.

Traffic:-

(a)

Headquarters - POLTRAFF NAIROBI
(b)

County - COUNTRAFF
(c)

Division - DIVTRAFF

NB:

Where no place name is specifically mentioned in the above list, the telegraphic name shall be followed by the appropriate place name.

The following telegraphic addresses are registered with the Communications Commission of Kenya.

1.

Deputy Inspector General Administration Police - "SUNRAY-Nairobi"
2.

County AP Commander - "CONCAP"
3.

Administration Police Training College -"APTC - Nairobi"
4.

Administration Police Senior Staff College – "SESCOL-Emali"
5.

Security Of Government Building -"SGB - Nairobi"
6.

Rapid Deployment Unit - "RADI - Nairobi"
7.

Rural Border Patrol Unit - "RABO-Kitui"
8.

AP Air Support Unit – "APASU- Nairobi"
9.

Administration Police Stock Theft Specialized Prevention Unit - "APSSTU-Kacheliba"
10.

Administration Police Field Training College Kanyonyo – "FIELDCOL-Kitui"
11.

Border Patrol Field Training School – "TSBORDER-Kanyonyo"
12.

Sub-County AP Commander - "SUBCOM"
13.

Administration Police Division Commander - "WADAP"
14.

Administration Police Post - "APOLPOST"

NB:

Where no place name is specifically mentioned in the above list, the telegraphic name shall be followed by the appropriate place name.
(a)

Directorate of Criminal Investigation - "CRIMINAL NAIROBI"
(b)

County - COUNTCRIME
(c)

Divisional - DIVCRIME
(d)

National Criminal Investigations Academy - CID SCHOOL NAIROBI
(e)

D.C.I Statistical Station Nairobi/Nakuru - POLSTATICNAIROBI/NAKURU
(f)

Scenes of Crime - POLSOC.

NB:

Where no place name is specifically mentioned in the above list, the telegraphic name shall be followed by the appropriate place name.

National Police Service,

Inspector-General,

National Police Service Headquarters,

Box 30083,

Nairobi.

Abbreviation

I.G,

NPS Headquarters,

Box 30083,

Nairobi.

When a letter is intended to go direct to the head of a department of Headquarters, excluding Security Intelligence and D.C.I it shall be addressed to:—

(i) Deputy Inspector-General,

Kenya Police Service

P.O. Box 30083,

Nairobi (attention of...),

(ii) Deputy inspector general

Administration police service

P. O. Box 30510

Nairobi

(iii) National Intelligence Services

The Director

National Intelligence Services

Headquarters,

P.O.Box 30091,

Nairobi.

Abbreviation

D.N.S.I.S,

Box 30091,

Nairobi.

(iv)

Directorate of Criminal Investigation

Director of Criminal Investigation,

D.C.I Headquarters,

P.O.Box 30036,

Nairobi.

Abbreviation

Director D.C.I,

P.O.Box 30036,

Nairobi.

(v)

County

County Commander,

(Name of County)...................

Box ...............

(Name of County H.Q Town)...............

e.g; County Commander,

Coast,

P.O. Box 90114,

Mombasa.

Abbreviation

C.C Coast,

P.O.Box 90114,

Mombasa.

(vi)

Sub-County

Officer-in-Charge,

(Name of Sub-County……Police Division),

P.O. Box………………..

(Name of Sub-County H.Q. Town)

e.g., Officer-in-Charge,

Nakuru Police Division/Sub-County

P.O Box 41,

Nakuru.

Abbreviation

O.C.P.D/DAPC

P.O. Box 41,

Nakuru.

The Officer-in-Charge, Depot, Central Firearms Bureau, and the Central Firearms Armoury shall be addressed as for Sub-Counties.

The abbreviation shall be:—

O.C Depot, C.F.B, and C.F.A

(vii)

Station

Officer-In-Charge,

(Name of Station)……………………… Police Station,

(Name of Town) ……………………….

e.g:, O.C.S/Ward Commander/Station officer,

P.O. Box 3,

Narok.

(viii)

Post

Officer-in-Charge,

…………………..Police Post.

Abbreviation.

O.C.P.P/AP POLC

Police Officers dealing with the media

a) Police Officers dealing with the media shall be honest fair and impartial. Police Officers shall not display anger or frustration to the media especially during interviews. REMEMBER, "THE MICROPHONE IS ALWAYS ON". Officers may not seek publicity through the media for personal notoriety.

b) Police Officers shall politely respond to media requests for information as soon as practical and within the parameters outlined in this policy. Police Officers shall obtain the necessary facts surrounding a particular incident and prepare the information that can be released.

c) Media releases can be either in written electronic or in verbal form. Police Officers shall make every reasonable effort to return telephone calls from media personnel.

d) If an incident involves a major crime, approval for any release shall be obtained from the Inspector-General or the Deputy Inspectors-General or the Director, Directorate of Criminal Investigations.

e) Formal Press Conferences shall be scheduled only with the approval of the Inspector-General or the Deputy Inspectors-General or the Director, Directorate of Criminal Investigations.

f) Gazetted officers and above may whenever possible communicated with the media on factual and recent occurrences in their areas of jurisdiction.

g) Junior officers below the rank of a gazetted officer shall not engage the press without express authorization by the IG or his Deputies Inspector-General. Where this happens, it shall be in the presence of a gazetted officer.

Information that may be released

h) The following information about criminal matters can be released upon request:—

(a)

Arrested person(s)

(i) Name
(ii) Age
(iii) Residence
(iv) Race
(v) Sex
(vi) Employment (optional)
(vii) Marital Status (optional)
(viii) Similar biographical information (optional)
(b)

The charge(s), its text (optional);
(c)

Identity of complainant (optional);
(d)

Amount or conditions of bail (optional);
(e)

Identity of arresting officer and agency (optional);
(f)

Duration of investigation (optional);
(g)

Circumstances of arrest, including;

(i) Time;
(ii) Place; and
(iii) Other information (optional).
(h)

Victim

(i) Age;
(ii) Sex;
(iii) General location (optional); and
(iv) Injuries to victim (optional).
(i)

Requests for aid in locating evidence, a complainant, or a suspect. The identity of a suspect may be released prior to arrest, if such information shall aid in apprehending the suspect or serve to warn the public of potential danger.
(j)

The names of juveniles 14 and older charged with a crime (not a status offense), unless sealed by a court order following approval by the Chief or his/her designee.
(k)

The names of officers involved in a critical incident (released as soon as possible).
(l)

The number of employees or people involved in an event or investigation and the length of the investigation.

Prohibited Information Release

i) If media representatives inquire about information that is known by the officer, but is deemed inappropriate for release, the officer may inform media representatives that the information shall not be released at this time.

Generally, it is not appropriate to disclose or report the following information because of the risk of prejudice to the rights of an accused for a fair trial—

(a)

existence or contents of confessions, admissions or statements given by the defiant including any refusal to make such statement;
(b)

opinions concerning guilt, reputation or character of an accused;
(c)

results of any examinations or tests taken by an accused including refusal to take them;
(d)

information leading to discovery;
(e)

identity of witnesses or victims when clear danger to them or an ongoing investigation exists;
(f)

prior criminal record;
(g)

the identity of a crime victim or witness or any information that would constitute an unwarranted invasion of personal privacy for crime victims or witnesses;
(h)

the identity of a juvenile under the age of 13 who is a suspect in a case subject to the juvenile court’s jurisdiction;
(i)

the identity of a deceased person prior to notification of the next of kin by the coroner;
(j)

the results of any investigative procedure (lineups, polygraphs, fingerprint comparison, ballistics tests, or other procedures). The fact that these tests have been performed may be revealed without further comment;
(k)

information which, if prematurely released, may interfere with the investigation or apprehension (i.e., the nature of leads, specifics of an "MO," details of the crime known only to the perpetrator and the police, or information that may cause the suspect to flee or more effectively avoid apprehension);
(l)

evidentiary information that may adversely affect criminal or civil proceedings, including the existence or non-existence of a confession;
(m)

specific cause of death, unless officially announced by the coroner;
(n)

the home address or telephone number of any Service employee;
(o)

the amount of money or monetary value of items taken during a robbery. "An undisclosed amount of money" or "items of undisclosed value" is the recommended statement;
(p)

information about the medical condition of an injured individual;
(q)

identity of any critically injured or deceased person(s) prior to the notification of the next of kin;
(r)

any "off the record" remarks/comments; and
(s)

names of individuals who are merely suspects;

(i) names of juvenile suspects or defendants;
(ii) social Security numbers;
(iii) medical Records; and
(iv) graphic images of wounds or crime scenes.

Photographs

j) The members of the media shall recognize the need to ensure that both freedom of speech with and a fair trial are allowed.

(a)

Law enforcement personnel may not pose a person in custody deliberately for purposes of media televising.
(b)

Media members may respond to the scene of incidents for coverage and freely photograph the scene as long as the investigation or its prosecution is not jeopardized.
(c)

Police Officers may take protective measures, such as securing a scene because of imminent danger of covering a body to prevent photographing or televising by the media or the public, if such measures are deemed necessary by the officer;
(d)

Police Officers shall not persuade victims or witnesses from not speaking to the media. However person(s) in police custody shall not be allowed to discuss the situation with media members.

Media Releases (Format)

k) Generally, media releases shall contain basic information about an event that answers questions concerning who, what, where, when and how. Specific information that shall be part of all media releases include−

(a)

Date of media release;
(b)

Who prepared media release;
(c)

Type of incident;
(d)

Date time and location of incident; and
(e)

Case Number.

l) Media releases are not routinely issued on a daily or weekly basis, but shall be disseminated whenever special events occur of interest to the community and/or the media. Examples include incidents involving fatalities, major crimes, critical missing persons, and arrest of notorious or long-sought suspects, planned police operations having an impact on traffic or the community, and major traffic accidents.

m) Any member of the Service who prepares a media release shall forward a copy of the release to the Public Information Officer for final distribution. Prior to dissemination, a shift supervisor shall approve all media releases by signing the original media release. Media releases shall be typed and faxed to the Public Information Officer prior to the end of the officer’s tour of duty. Supervisors/officers are encouraged to e-mail media releases if possible. If a media release is e-mailed, it shall still be faxed to the PIO prior to the end of the officer’s tour of duty.

n) Generally, a description of those circumstances which are not legally privileged and which shall not prejudice the rights of suspects or interfere with an investigation shall be offered.

o) Media releases shall be disseminated without partiality and in a manner that is equally available to all news media. Information shall not be withheld, delayed or selectively released to favour any particular news media. The department's Public Information Officer shall establish written procedures to implement this policy. Specific inquiries made independently by the media may be honored.

p) When other public service agencies are involved in a mutual effort, the agency having primary jurisdiction shall be responsible for releasing or coordinating the release of information. In the event that the Emergency Operations Centre is activated, the Office of Emergency Management’s Public Information Officer shall have jurisdiction over the release of information.

q) News releases shall be disseminated to all legitimate local news media in a way that ensures that first release information is equally available.

r) Any information concerning National Police Service personnel shall not be released without the permission of the Inspector-General or his or her designee.
CHAPTER 25 – COUNSELING
1.

Counseling services to police officers.
(1)

The Service shall facilitate the provision of counseling services to police officers and their families in order to—

(a)

improve self-concept;
(b)

increase productivity and develop positive self-image;
(c)

build a conducive and psychologically safe working environment; and
(d)

aid officers in effectively coping with trauma and other stressors.
(2)

The Service shall prescribe guidelines on the conduct of counseling services.
2.

Counselor’s professional conduct.

A counselor shall―

(a)

adhere to the professional code of ethics;
(b)

not seek any physical, emotional or financial favors from clients;
(c)

have integrity and be impartial;
(d)

inform the client on the limits of confidentiality before signing the informed consent; and
(e)

give their professional opinion when sought, to determine a disciplinary case of a client under their care.
3.

Client’s conduct.

The client shall―

(a)

not give gifts or favors to the counselor; attend all sessions on time; and
(b)

read and understand the informed consent and ask for clarification, where necessary, before signing the consent.
4.

Duties and the responsibilities of counsellors.

The duties and responsibilities of a counselor shall be to―

(a)

carry out sensitization and continuous training on counseling;
(b)

provide referral services;
(c)

respond to disasters or crisis in areas of jurisdiction by providing psychological debriefing;
(d)

assist in addressing disciplinary matters;
(e)

assess and manage stress and trauma among police officers;
(f)

assist clients to cope psychologically with employment, separation, deployment and transfer;
(g)

follow up on their clients;
(h)

reasonably consult with other professionals when they have concerns on their ethical obligations or professional practice;
(i)

help in dealing with their client’s loss, grief, depression and loneliness;
(j)

provide family and life management skills;
(k)

provide support and management to victims of drugs and substance abuse;
(l)

develop proposals for enhancing counseling services and implement counseling policies;
(m)

liaise with counseling organizations to enhance service provision;
(n)

attend clinical supervision;
(o)

advice the Inspector-General and other Commanders in the Service on counseling matters;
(p)

evaluate counseling needs and monitor counseling programs;
(q)

develop programs or modules to reintegrate returning constabulary or veterans;
(r)

integrate newly deployed officers and recruits with the older members in the Service; and
(s)

perform any other duties related to counseling as may be necessary.
(2)

A counselor may undertake other additional duties including―

(a)

visit the sick in hospital and their homes;
(b)

conduct individual and group therapy sessions;
(c)

create functional rehabilitation units or groups such as alcoholism anonymous, traumatic incident management unit;
(d)

conduct psychological assessment tests on police officers and other clients;
(e)

carry out research in counseling within the Service; and
(f)

hold regular debriefing sessions with other counselors.
5.

Confidentiality.
(1)

The contents of therapy sessions shall be confidential, except―

(a)

with the client’s written consent;
(b)

in the absence of the client’s consent, a legal guardian’s written consent;
(c)

where the client intends to harm another person, the counselor shall warn the intended victim if known and report the information to the legal authorities;
(d)

where the information provided reveals suicidal plans, the counselor shall make possible efforts to notify the family of the client and relevant legal authorities; or
(e)

where a client suggests that they are abusing a child or vulnerable adult or has recently abused or that such persons are in danger of abuse, the therapist shall report the information to the relevant authority.
(2)

Clients shall have access to their files with psychological information except for third party individuals or companies that may request for information regarding services provided to the client.
6.

Clinical records.
(1)

Therapeutic contents and records shall be confidential and shall be kept under lock and key to be filed both manually or electronically and shall only be accessible to authorized persons.
(2)

A counselor shall ensure that―

(a)

there is sufficient and timely documentation of his or her client’s records;
(b)

on termination of counseling services the records are maintained and may be accessed in future;
(c)

he or she protects the confidentiality of clinical records in situations where the client is deceased; and
(d)

any disclosure is within and in accordance with the law.
7.

Duration of a counseling session.
(1)

A counseling session shall be for a period of at least forty five minutes and shall not exceed one hour.
(2)

Despite paragraph (1), a counselor shall determine the number of counseling sessions a client may have taking into account the varied circumstances which affect the client and the counseling department shall assist the client to receive the necessary counseling services.
8.

Termination of counseling sessions.
(1)

A client shall, before the date scheduled for counseling, inform the counselor of his intention to terminate his session before the stipulated time.
(2)

In the absence of a counselor due to death or other reasons, a qualified counselor shall take over.
(3)

Where a therapist is threatened to be harmed by the client, he shall terminate the counseling session and the reasons shall be recorded.
9.

Procedure for referral of a police officer.
(1)

A supervisor may refer a police officer, in writing, to a counselor for further assessment and counseling.
(2)

The referral under h (1) shall be made by an immediate supervisor of a police officer who is trained to identify signs and symptoms of a police officer in need of counseling.
(3)

The counselor shall take the police officer, referred under h (1), through counseling sessions and make recommendations which shall be forwarded to the Office of the Inspector-General in instances where re-deployment is recommended or where further direction is required.
(4)

A police officer may require to be relieved of his duties in order to recover in instances where―

(a)

a police officer is suffering from post traumatic experiences;
(b)

a police officer may cause harm to himself or other people; or
(c)

a police officer is in need of psychiatric evaluation, the counselor so recommends, with the concurrence of the Inspector General.
CHAPTER 26 – COURTS AND COMMITTEES OF INQUIRY
1.

Composition of a courts of inquiry.

A court of Inquiry shall comprise of two or more Gazetted Officers of the Service, who shall collect and record evidence and make a report on any matter which may be referred to them.
2.

Convening Authority.
(1)

The Inspector-General may, at any time, if he or she considers it necessary, convene a Court of Inquiry to enquire into any matter pertaining to the Service including conduct of any police officer, conduct or management of any police formation or any other matter in which an inquiry may be in the public interest.
(2)

A County Commander of the respective component Services may, convene a Court of Inquiry, to inquire into matters or conduct of officers under his or her respective command.
3.

Convening order proforma.
(1)

A person convening an inquiry shall, in writing, issue a convening order which shall specify the matter to be enquired into and shall specify the place in which the inquiry shall be held.
(2)

The convening order shall be made in accordance with Proforma "1" set out in Appendix 26(a) of these Standing Orders.
(3)

Where the court of inquiry is convened by a County Police Officer of the respective component of the Service, a copy of the convening order shall be forwarded to the Service Headquarters.
4.

Preparation of proceeding.
(1)

The proceedings of the court of inquiry shall be in accordance with the provisions of this Standing Order.
(2)

The inquiry shall be commenced in the manner prescribed in proforma "2" set out in Appendix 26(a) and the proceedings recorded and prepared.
(3)

While undertaking the inquiry, the court of inquiry shall be guided by the written instructions of the authority from which the convening order has been issued.
(4)

The written instructions under sub paragraph (3) shall be detailed and shall specifically state the general objective required to be achieved by the court of inquiry.
(5)

An adjournment or re-assembly shall be duly noted in the proceedings in the following manner—

"At…. o’clock, the Court adjourns until…… o’clock……"

"On the ……..of…. at …..o’clock, the Court re-assembles pursuant to adjournment"

(6)

Upon the completion of the inquiry the chairperson shall cause a summary of the evidence adduced to be drawn up in triplicate and shall append the findings and recommendations of the court, in accordance with proforma "3" of Appendix 26(a).
(7)

The proceedings shall be signed and dated by the chairperson and members of the Court and transmitted to the convening authority.
(8)

The documents contained in the Court of Inquiry file shall be arranged in the alphabetical order from top to bottom, properly indexed and filed in the following order—

(a)

convening order;
(b)

proceedings of the court;
(c)

statements and similar documents;
(d)

summary of evidence;
(e)

findings of the Court; and
(f)

the recommendations of the Court.
5.

Responsibility of the convening authority.
(1)

The convening authority shall, upon reading through the findings and the recommendations of the court of inquiry, endorse its concurrence or otherwise with the findings and recommendations thereof.
(2)

The proceedings, consisting of duly certified copies of the convening order, the manuscript statements of the persons examined by the Court and two copies of the summary, findings and recommendations, duly endorsed with the remarks of the convening authority, shall be submitted by the convening authority to the respective Deputy Inspector-General for the onward transmission to the Inspector-General.
6.

Endorsement of Proceedings by the Inspector-General.

The Inspector-General shall, upon receipt of the proceedings under paragraph 5(2), confirm the recommendation with or without additional observations.
7.

Fire reports required.
(1)

Where a Court of Inquiry is convened to inquire into the origin of any fire causing injury to a police officer or destruction of property, including Government owned, leased or requisitioned buildings occupied by the police, the chairperson shall obtain a copy of the report required under section 4 of the Fire Inquiry Act.
(2)

The report shall be considered by the Court and shall be attached to the proceedings.
8.

Recording of statement.
(1)

A statement of a person examined by the Court shall be recorded on oath and prepared in original statements and, if recorded in manuscript form, be legibly written and recorded in the Form "4" contained in Appendix 26(a).
(2)

If during the recording of a witness statement the Court is of the opinion that the witness has committed an offence provided under the National Police Service Act (Cap. 84) or any other law, he shall be informed, in the usual manner, and the matter shall be recorded in the statement before proceeding further.
9.

Disclosure of an offence by a member of the Service during an Inquiry.
(1)

Where an inquiry establishes that an offence has been committed by a member of the Service, an opportunity shall be granted to the officer to give evidence, either sworn or unsworn, and the officer shall be allowed to call witnesses in his defence and to cross examine any witness.
(2)

The chairman of the Court shall take such steps as may be necessary to ensure that any person affected and not previously notified receives notice of their rights and shall ensure that the person understands his rights.
(3)

The Court shall recommend the charge to be preferred against such member of the Service but shall take no further action.
(4)

Subparagraph (3) does not apply to criminal proceedings not arising from a Court of Inquiry as the procedure is contained in Discipline Order in these Service Standing Orders.
10.

Committee of inquiry.
(1)

The Inspector-General may, if he or she considers it necessary, appoint a committee to enquire into any matter affecting the entire Service, specific segment of the Service, Units, Directorates or Formations.
(2)

The Committee appointed under h (1) shall consist of a chairman, members and a secretary.
11.

Terms of reference of the committee.

The appointment order shall specify the subject to be inquired into and the Committee’s terms of reference.
12.

Evidence.
(1)

The Committee shall receive written or oral, evidence on the subject under inquiry, and upon conclusion of its deliberations, submit a report to the Inspector-General in the manner and form as shall be determined by the Inspector-General.
(2)

The report shall, amongst other things, contain a summary of the material evidence which the committee has examined and the Committee’s recommendations.

1.

PROFORMA "1"

The officers mentioned below shall assemble at …………………………………. on

the………………….day of………………………………………….. 20……………….,

for the purpose of………………………………………………………

CHAIRMAN

MEMBERS

The accused shall be warned and all witnesses duly required to attend Place

……………………………………………………………Date…………………………..

…………………………………

Signature ........................................

Convening Officer

2.

PROFORMA "2"

Of a Court of Inquiry held at …………………….on the………………………... day of .......20...., by order of………………………………… dated the …………………………… day of 20 ………………………………………………..

CHAIRMAN

Rank………………………………………..

Name ………………………………………..

Appointment ………………………………………..

CHAIRMAN

(i) . Rank ……………………………………………………………………..

Name …………………………………………………………………

Appointment ……………………………………………………………..

(ii) . Name …………………………………………………………………

Rank …………………………………………………………………

Appointment …………………………………………………………

(iii) . Name …………………………………………………………………

Rank …………………………………………………………………

Appointment …………………………………………………………………

At ……………………………………………………………………O’clock the

Inquiry Commences.

(Here enter details of recording of statements adjournments, re-assemblies and cessation of the Court, i.e.:

9 am - Statement of Insp J. Mutua recorded "A"

11 am - Statement of Insp P. Obare recorded "B".

At one O’clock the Court adjourns until 2 O’clock o 29 August, 20………………………….

On 29th August 20……………… at 2 o’clock, the Court re-assembles pursuant to adjournment 2.05. p.m.-Statement of No. 2390, Constable Kariuki Mwangi recorded_ "C’., etc).

3.

PROFORMA "3"

(To be Concise but detailed summary, of all evidence collected and recorded by the Court.)

(To contain the facts arising from the evidence collected and recorded by the Court and to include the fixing of responsibility if such is required by the Convening Authority.)

(To contain the recommendations of the Court, i.e. actions to be taken to prevent recurrence of the incident, disciplinary or legal action to be taken against officers responsible, etc. In the case of disciplinary or legal action being recommended the properly framed charges, shall be included. In the case of damage to property, etc, recommendations may be made in regard to the proportion of the cost to be borne by the responsible officer but no recommendation of Punishment to be awarded in disciplinary action shall be made.)

PROFORMA "4"

Statement of ………………………………………………………………………………

Residing at ………………………………………………………………….

Age ……………………….Occupation………………….. Religion ……………………..

Who states:-

(After the statement has been recorded, if the Court or offending officer wish to cross-examine deponent, it shall be recorded in the following respective manner and questions and answers numbered accordingly.)

Cross-Examination byCourt Q and A.

No. 1 etc

(Re-examinations shall be recorded in the same answer.)

Statement read over to deponent by Recording Officer who acknowledges it to be true and properly recorded.

Signature of deponent .....................

Signature of Recording Officer.................

(The language in which the statement was given shall be recorded in the appropriate manner as follows:)

The above statement was made to me in the language and no interpreter was used.

Signature of Recording Officer………………………………..

Or the above statement was interpreted by me from the ………………………………language to the ……………………………………. language and I have interpreted the same to the best of my skill, knowledge and belief.

Name of interpreter …………………………………….

Signature of interpreter …………………………………
CHAPTER 27 – CRIMINAL PROSECUTION AND HANDLING OF EVIDENCE
1.

Duties of police officers during superior court sessions.
(1)

A police officer above the rank of an Inspector shall attend superior courts criminal proceedings.
(2)

A police officer at superior court shall─

(a)

have junior officers under his or her command to maintain order in and outside the court, guard prisoners and exercise supervision over witnesses;
(b)

obtain from the Court Clerk a list of prosecution witnesses in each case and ascertain personally that all prosecution witnesses are in attendance;
(c)

consult with prosecution counsel as to the order in which witnesses are to be called and shall assist in producing each witness to the court;
(d)

prevent witnesses who have testified from communicating with those who are yet to testify.

Provided that,witnesses who have not testified shall remain in court precints unless released by the court;

(e)

record observations made by the court, commenting in any respect, either complimentary or derogatory, on the conduct of any member of the National Police Service or of any police actions; and
(f)

report such comments without delay to the Sub-County Commander for onward transmission to the County Commander concerned and National Police Service Headquarters immediately.
2.

Accused persons in superior court.
(1)

An accused persons, while in superior Courts, shall be in the custody of prison warders, unless they have been granted bail or bond.
(2)

An accused released on bail shall depart from court with court’s leave in the event of an adjournment being granted.
3.

Duties of police officers in subordinate courts.

Police officers in subordinate courts shall–

(a)

assist in the production of accused persons and witnesses: and
(b)

ensure witnesses who have testified do not communicate with those who have not.
4.

Courtesy in court.

Police officers shall—

(a)

be punctual in attending court;
(b)

be properly dressed and show respect to the Court; and
(c)

address Judges and Magistrates as "Your Honour" during court sessions.
5.

Fine Collection.

Police officers shall not collect fines imposed by court in criminal proceedings.
6.

Co-operation with legal departments in criminal and civil matters.
(1)

Police officers shall cooperate with legal departments–

(a)

in criminal matters–

(i) when State counsel and probation officers request assistance from police sub-county offices in High Court and Court of Appeal sessions;
(ii) when prosecution counsel is seeking information or further investigations in a case;
(iii) where the information sought by prosecution counsel shall be acted upon without undue delay; and
(iv) where the investigating officer or a qualified fully briefed substitute shall be available throughout a criminal trial.
(b)

in all civil cases—

(i) where the police officer who investigated the case shall remain available throughout the matter and shall give assistance to litigation counsel and the police officer may be substituted by another fully briefed and qualified officer when unable to attend the proceedings.
(ii) where the investigating officers with information regarding a matter before court but not within the knowledge of the prosecutor shall immediately communicate that information to the prosecutor without delay.
(iii) with the litigation counsels by providing information and witnesses required for the effective defense of matters concerning the service.
7.

Duties of police prosecutor.
(1)

The duties of a police prosecutor shall include—

(a)

to prosecute criminal matters before subordinate courts; and
(b)

to report to Sub County Commander on issues arising during prosecution;
(2)

Police prosecutors shall at all times be dressed in uniform unless, appearing in children court, and shall be responsible for ensuring that the standard of conduct, dress deportment, of all police officers appearing before a court are of highest order.
(3)

Police Court Prosecutors shall forward all cases under the Penal Code (Cap. 63) and other serious cases, in which the accused has been acquitted or discharged, to the County Commander with a brief report.

8. Withdrawals for lack of sufficient evidence to be approved by Sub-County Commander
(1)

Any notification or report to the County Commander as required by paragraph 7(3) or permission to withdraw a case by Sub-County Magistrate’s court prosecutor shall be routed through the Station Commander in whose area the court is situated or from whose station the case originated.
(2)

If it is considered inadvisable for any reason or when it is not in public interest to proceed with a charge the facts shall be placed before the Director of Public Prosecutions, through the Director of Criminal Investigation, as the case may be, and his or her advise obtained before any application to withdraw is made to the court.
(3)

If the Director of Public Prosecutions agrees that the charge be withdrawn, then he or she shall be requested to enter a nolle prosequi.

9. Police prosecutor Recommendation

In their closing submissions, police prosecutor may recommend the nature of punishment to be awarded and the extent of the punishment.

10. Proof of Previous Conviction

Previous convictions of an accused person shall be proved in accordance with the provisions of section 142 of the Criminal Procedure Code (Cap. 75).

11. Certificate of previous convictions
(1)

After the result of the case is known, the prosecuting officer shall complete the Certificate of previous conviction and dispatch the original to the Identification Bureau, Directorate of Criminal Investigations Headquarters, Nairobi.
(2)

Where such certificate has not been received by the court prosecutor at the end of the trial, or where at first appearance in court the accused person pleads guilty, the court prosecutor shall apply to the court for an adjournment so as to obtain the certificate from the Identification Bureau, Directorate of Criminal Investigations Headquarters, Nairobi.

12. Inadequate Sentences

Where previous convictions have been proved and the sentence imposed does not appear to have been influenced by such convictions, or where, in the opinion of police, the sentence imposed is inadequate, a full report, accompanied by the police file, shall be submitted to the Director, Directorate of Criminal Investigations or County Criminal Investigation Officer recommending for enhancement of sentence.

13. Appeal

Appeals from police led prosecution against a magistrate’s refusal to admit a charge, dismissal or acquittal order shall be undertaken in consultation with the Director of Public Prosecution.

14. Charge sheets
(1)

The charge sheet shall set out particulars of an offence.
(2)

The charge sheet shall state the substance of the charge which shall contain accurate particulars of the offence.
(3)

The charge sheet shall contain–

(a)

personal details of the accused;
(b)

residential address; and
(c)

place of work address.
(4)

The Director of Public Prosecutions shall make decision on whether to prosecute minor violations of the law.

15. Evidence by police officers.
(1)

A police officer shall not give malicious evidence in a court of law.
(2)

Evidence given shall conform to the provisions of the Evidence Act.

16. Framing of charges.

Charges shall be framed in accordance with section 137 of the Criminal Procedure Code and shall be type written and signed by the Officer in Charge of a police station or an officer above the rank of senior sergeant.

17. Taking other offence into consideration.
(1)

When an accused wishes the court to consider other offences, three copies of Form C. 14 shall be completed showing details of the admitted case.
(2)

Before the court passes the sentence, the three copies shall be distributed to—

(a)

court
(b)

the Identification Bureau together with completed Form Police 9A or Police 10; and
(c)

the accused.

18. Costs of police prosecution.
(1)

The costs of police prosecutions shall include–

(a)

an award of costs by court through an application in police prosecutions where expenditure incurred during the investigation and prosecution process is of a special nature;
(b)

Ordinary expenses incurred during investigation such as travelling costs shall be refunded by the County Commander; and
(c)

the employment in a criminal case of an accountant or of other expert or professional assistance, when such assistance is not obtainable from Government Departments, for which a fee or other charge is payable, shall be considered special expenditure, and may be made the subject of an application for an order for the cost against the accused.
(2)

Application for the police cost shall be made under section 175 (i) of the Criminal Procedure Code.

19. Criminal Charges against Kenya Defense Forces.
(1)

Where a member of the Kenya Defense Forces is charged with a criminal offence, the Police Officer shall report to the accused commanding officer.
(2)

Pursuant to the provisions of any law, where a member of the Kenya Defense Forces is charged under subparagraph (1), an officer may be required to attend the court to watch the proceedings and shall if necessary give information in their possession of any previous conviction by court or a court-martial.

20. Criminal offences by crews of foreign and Commonwealth warship.
(1)

Police powers in respect of crews of Foreign and Commonwealth warships is as follows—

(a)

no Police Officer or any other person shall enter such a warship for any purpose without the consent of commanding officer;
(b)

a crew member of such a warship who remains aboard the warship is wholly exempted from our Jurisdiction;
(c)

a crew member who having committed an offence under Kenyan law leaves the warship, shall be arrested and charged for the offence before court; and
(d)

a crew member who goes ashore on official business and commits an offence shall be arrested and the matter referred immediately to the Director of Public Prosecutions.

21. Reporting by Medical officers.

Reports made by a medical officer shall be included as exhibits in cases before Court.

22. Admission of evidence of accomplices.

As a general rule, the evidence of an accomplice shall be corroborated.

23. Age of Accused.
(1)

The age of accused shall be determined–

(a)

by medical examination.
(b)

through familial relations such as evidence by a parent.
(2)

During trial, where it is found that the accused is below 18 years of age, both counsels shall satisfy before court on the issue of age.

24. Antecedent history of convicted persons.
(1)

In every case tried by the High Court or in which the accused is committed under the provisions of section 221 of the Criminal Procedure Code, 2009 for sentence by the High Court, the Police Officer who investigated the case may attend the conclusion of the trial or when sentence is to be passed to give evidence as to the antecedent history of the accused.
(2)

The Police Officer shall prepare evidence, four copies of which shall be supplied to the prosecution counsel who, in the event of a conviction, shall hand two copies to the court with a request that one be attached to the warrant of committal and a copy to counsel for the defense. Counsel shall then examine the Police Officer in the witnessbox in the ordinary way.
(3)

Proof of antecedent history may include evidence–

(a)

in the case of a juvenile–

(i) the offender’s name and age, whether living with parent or not;
(ii) level of education;
(iii) the nature of employment;
(iv) prior convictions;
(v) circumstances of the home;
(vi) anything known in the offender’s favour, or any mitigating circumstances as regards the offence; and
(vii) date of arrest, whether admitted to bail, and time spent in custody.
(b)

In the case of an adult—

(i) the offender’s name and age; whether married or single and the number and age of the children;
(ii) level of education;
(iii) nature of employment during the previous years;
(iv) any previous convictions, if there are any previous convictions for an offence similar to that with which the accused stands charged, the circumstances of those convictions shall be included; and
(v) anything known in the accused favour or any mitigating circumstances regarding the offence, in these connections, if there are special circumstances of the home which may constitute a mitigating factor, details shall be included date of arrest whether admitted to bail and time spent in custody.
(4)

Information on the accused general reputation and association shall not be included in the report unless the court requisitions for such information.
(5)

Where a defense counsel examines a police officer on the general reputation or associations of an accused, the answers shall be based on the facts not opinions.
(6)

In petty cases, the antecedent history of the accused, as known to the investigating officer, and a resume of the circumstances of the case shall be entered in the court prosecutor’s copy of the charge sheet only.

25. Types of courts.
(1)

The types of courts include—

(a)

the Superior Courts─

(i) Supreme Court;
(ii) Court of Appeal; and
(iii) High Court.
(b)

Subordinate courts—

(i) Magistrates court;
(ii) The Courts Martial;
(iii) Kadhis’ courts; and
(iv) any other court or tribunal established by law.
CHAPTER 28 – CRIMINAL AND CIVIL PROCEDURE
1.

Procedure.
(1)

A police officer shall—

(a)

obey and execute all lawful orders in respect of the execution of the duties of his office which he or she may from time to time receive from his or her superiors while in the Service; and
(b)

obey and execute all orders and warrants lawfully issued by a court.
(2)

Court orders shall at all times be verified by an officer of or above the rank of Inspector of Police or the registrar or executive officer of the issuing court.
2.

Execution of Orders.
(1)

The orders shall bear the court seal, date and signature of the issuing officer.
(2)

Before execution by police officers, a senior officer not below the rank of Inspector of Police must endorse the order by counter signing and stamping with the official stamp.
(3)

All police officers executing a court order shall be aware of—

(a)

. the contents of the order;
(b)

. the recipient of the order;
(c)

. the person to whom the order is to be executed;
(d)

. the time limit or consideration; and
(e)

. the penal notice.
(4)

On receipt of the court order and upon assessing the situation on the ground and if it appears to the police officer concerned that the order may not be executed owing to unavoidable circumstances, citing such reasons, the officer shall seek guidance from the originating court and from his or her superiors.
3.

Non-Liability for act done in obedience to warrants.
(1)

Where the defence to any suit instituted against a police officer, is that the act complained of was done in obedience to a warrant purporting to be issued by a judge or a magistrate, the court may, upon production of the warrant containing the signature of the judge or magistrate, accept such warrant as prima facie evidence of the making thereof, and upon the proof that the act complained of was done in obedience to such warrant enter judgment in favor of such police officer.
(2)

No proof of the signature of the judge or magistrate who issued the warrant shall be required unless the court has the reason to doubt the genuineness thereof and shall be a defense that the police officer at the time of the arrest was made believed that on reasonable grounds the signature was genuine.
4.

Issue of summons or warrant.

Upon receiving a complaint and having signed the charge in accordance with the Criminal Procedure Code, (Cap. 75)—

(a)

a magistrate may issue either summons or warrants to compel the attendance of the accused person before a subordinate court having jurisdiction to try the offence alleged to have been committed: provided that a warrant shall not be issued in the first instance unless the complaint has been made upon oath either by the complainant or by a witness or witnesses.
(b)

the validity of proceedings taken in pursuance of a complaint or charge shall not be affected either by a defect in the complaint or charge or by the fact that a summons or warrant was issued without a complaint or charge.
(c)

a summon or warrant may be issued on any day including sunday and public holidays.
5.

Summons and appearance of accused persons.
(1)

Every summons issued by a court under the Criminal Procedure Code, (Cap. 75) shall be in writing, in duplicate, signed and sealed by the presiding officer of the court or by such other officer as the High Court may from time to time direct.
(2)

Every summons shall be directed to the person summoned and shall require the person to appear at a time and place to be therein appointed before a court having jurisdiction to deal with the charge, and shall state shortly the offence with which the person against whom it is issued is charged.
(3)

Every summons shall be served either by a police officer, an officer of the court issuing it or by such other person as the court may direct, and shall, if practicable, be served personally on the person summoned by delivering or tendering to him one of the duplicates of the summons.
(4)

Every person on whom a summons are so served shall, if so required by the serving officer, sign a receipt therefore on the back of the duplicate.
(5)

Where a person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with an adult member of his family or with his servant residing with him or with his employer; and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefore on the back of the duplicate.
(6)

If service in the manner provided by sections 92 and 93 of the Criminal Procedure Code cannot by the exercise of due diligence be effected, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides and thereupon the summons shall be deemed to have been duly served.
(7)

Where the person summoned is in the active service of the Government, the court issuing the summons shall ordinarily send it in duplicate to the head of the office in which that person is employed, and the head shall thereupon cause the summons to be served in the manner provided by section 92 of the Criminal Procedure Code, (Cap. 75) and shall return it to the court under his signature with the endorsement required by that section, and the signature shall be evidence of the service.
(8)

Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered letter addressed to the principal officer of the corporation in Kenya and in that case service shall be deemed to have been effected when the letter arrives in ordinary course of post.
(9)

When a court desires that summons issued by it shall be served at a place outside the local limits of its jurisdiction, it shall send the summons in duplicate to a magistrate within the local limits of whose jurisdiction the person summoned resides or is to be there served.
(10)

Where the officer who has served summons is not present at the hearing of the case, and where a summons issued by a court has been served outside the local limits of its jurisdiction–

(a)

an affidavit purporting to be made before a magistrate that the summons has been served, and a duplicate of the summons purporting to be endorsed in the manner hereinbefore provided by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
(b)

the affidavit mentioned in h 10 (a) may be attached to the duplicate of the summons and returned to the court.
(11)

Subject to the provisions of section 99 of the Criminal Procedure Code, (Cap. 75)—

(a)

where a magistrate issues summons in respect of an offence other than a felony, he may if he sees reason to do so, and shall when the offence with which the accused is charged is punishable only by fine, or only by fine or imprisonment not exceeding three months, or by fine and such imprisonment, dispense with the personal attendance of the accused, if the accused pleads guilty in writing or appears by an advocate;
(b)

the magistrate trying a case may, at any subsequent stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce his attendance in the manner hereinafter provided, but no such warrant shall be issued unless a complaint or charge has been made upon oath;
(c)

if a magistrate imposes a fine on an accused person whose personal attendance has been dispensed with under section 99 of the Criminal Procedure Code, and the fine is not paid within the time prescribed for payment, the magistrate may forthwith issue a summons calling upon the accused person to show cause why he should not be committed to prison for such term as the magistrate may then specify; and if the accused person does not attend upon the return of the summons the magistrate may forthwith issue a warrant and commit the person to prison for such term as the magistrate may then fix;
(d)

if in any case in which under section 99 of the Criminal Procedure Code, (Cap. 75) the attendance of an accused person is dispensed with, previous convictions are alleged against that person and are not admitted in writing or through that person’s advocate, the magistrate may adjourn the proceedings and direct the personal attendance of the accused, and, if necessary, enforce his attendance in the manner provided in paragraph (e); or
(e)

where the attendance of an accused person has been so dispensed with and his attendance is subsequently required, the cost of any adjournment for that purpose shall be borne in any event by the accused.
(12)

Notwithstanding the issue of summons, a warrant may be issued at any time before or after the time appointed in the summons for the appearance of the accused.
(13)

If the accused does not appear at the time and place appointed in and by the summons, and his personal attendance has not been dispensed with under section 99 of the Criminal Procedure Code, (Cap. 75), the court may issue a warrant to apprehend him and cause him to be brought before it; but no warrant shall be issued unless a complaint has been made upon oath.
(14)

Every warrant of arrest shall–

(a)

be under the hand of the judge or magistrate issuing it and shall bear the seal of the court;
(b)

state briefly the offence with which the person against whom it is issued is charged, and shall name or otherwise describe that person, and shall order the person or persons to whom it is directed to apprehend the person against whom it is issued and bring him before the court issuing the warrant, or before some other court having jurisdiction in the case, to answer to the charge therein mentioned and to be further dealt with according to law; and
(c)

remain in force until it is executed or until it is cancelled by the court which issued it.
(15)

A court issuing a warrant for the arrest of a person in respect of an offence other than murder, treason or rape may direct by endorsement on the warrant that, if the person executes a bond with sufficient sureties for his or her attendance before the court at a specified time and thereafter until otherwise directed by the court, the officer to whom the warrant is directed shall take the security and shall release the person from custody.
(16)

The endorsement shall state—

(a)

the number of sureties;
(b)

the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound; and
(c)

the time at which he is to attend before the court.
(17)

Where security is taken under section 103 of the Criminal Procedure Code, (Cap. 75) the officer to whom the warrant is directed shall forward the bond to the court.
(18)

A warrant of arrest may be directed to one or more police officers, or to one police officer and to all other police officers of the area within which the court has jurisdiction, or generally to all police officers of the area.
(19)

A court issuing a warrant may, if its immediate execution is necessary, and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the warrant.
(20)

Where a warrant is directed to more than one officer or person, it may be executed by all or by any one of them.
(21)

A magistrate empowered to hold a subordinate court of the first class may direct a warrant to a landholder, farmer or manager of land within the local limits of his jurisdiction for the arrest of an escaped convict or person who has been accused of a cognizable offence and has eluded pursuit.
(22)

The landholder, farmer or manager shall acknowledge in writing the receipt of the warrant and shall execute it if the person for whose arrest it was issued is in or enters on his land or farm or the land under his or her charge.
(23)

Where the person against whom the warrant is issued is arrested, the person shall be handed over with the warrant to the nearest police officer, who shall cause him to be taken before a magistrate having jurisdiction, unless security is obtained pursuant to section 103 of the Criminal Procedure Code, (Cap. 75).
(24)

A warrant directed to a police officer may also be executed by another police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
6.

Police power to apply for court summons, warrants and other legal processes.
(1)

Pursuant to section 64 of the National Police Service Act (Cap. 84) a police officer may apply before a subordinate court for summons, warrants or other legal processes.
(2)

To obtain court summons, warrants and other legal processes, a police officer may request the court either orally or in writing.
(3)

An application to the magistrate for court summons, warrants and other legal processes shall specify—

(a)

the kind of order or process being applied for;
(b)

the reason for its application;
(c)

the person or address for which it is applied for; and
(d)

the relevant section of law obtaining and details or evidence of information that may be in the hands of police officer.
CHAPTER 29 – DISCHARGE, RESIGNATION AND RETIREMENT
1.

Period of notice required for resignation.
(1)

Every police officer intending to resign from the Service shall be guided by the following—

(a)

police officers below the rank of the Deputy Inspector-General shall give a written notice of three months through the authorized channels;
(b)

police officers who are under disciplinary proceedings shall not resign from the Service without the written permission of the National Police Service Commission and the Inspector-General shall ensure that disciplinary proceedings are carried out without delay;
(c)

a police officer who has tendered their resignation through the authorized channels shall not withdraw such resignation except with the approval of the Inspector-General; or
(d)

a police officer who has resigned, is dismissed from the Service, or otherwise leaves the Service, shall as soon as is practicable deliver over to the immediate supervisor or officer appointed for that purpose every article which such officer has been supplied with and not been expressly authorized to keep or use for their private benefit.
(2)

Every police officer who fails to comply with this Chapter or returns any property in a damaged condition and the damage not being attributable to the proper discharge of their duties in the service, commits an offence and shall be liable on conviction, whether or not any penalty is otherwise imposed, for the cost of replacing such property or as the case may require for the cost of repair and such cost shall be recoverable by the Government by deduction from any monies due to such person, and shall be a recoverable debt to the Government.
2.

Leaving the service.

A police officer may leave the Service only by the modes prescribed under the National Police Service Act (Cap. 84) or any other relevant law.
3.

Compulsory retirement.
(1)

Where it appears a police officer, who has been confirmed and admitted to permanent and pensionable scheme of the National Police Service has reached the age at which such officer can lawfully be required to retire from the National Police Service under any relevant law, the National Police Service Commission shall advise such officer that their compulsory retirement is under consideration.
(2)

The officer referred to in h (1) shall be given an opportunity to make any representation of a personal nature against the proposed retirement.
(3)

On receipt of the representation referred to in h (2), if any, the officer's case shall be dealt with in accordance with the regulations laid down from time to time for such retirement.
(4)

A police officer whose compulsory retirement is under consideration may opt to retire voluntarily provided the reasons for requiring such retirement do not involve disciplinary action.
4.

Retirement on completion of twelve or twenty years of service.
(1)

Where an officer retires from Service after serving for more than twenty years and before attaining the age of fifty years, the benefits payable shall be calculated as if the officer had retired after twenty years of Service.
(2)

Every officer below the rank of sergeant may voluntarily retire from the service upon completion of twelve years of service.
(3)

Where an officer is interdicted from duty in accordance with service orders or any other written law, the officer’s appointment in the Service shall not cease because of such interdiction.
(4)

Where an officer is interdicted from duty, powers, privileges and benefits of such officer shall be suspended but the officer shall continue to be subject to the same authority, as if he or she had not been interdicted.
5.

Retention in the service.

Every police officer whose period of service has ended during a state of war or a state of emergency may be retained in the Service and their service may be prolonged for such further period as the Inspector General may direct, but not for a period exceeding six months after the end of such state of war.
6.

Application for transfer to officer’s home Sub-County.
(1)

A police officer may apply to be transferred to or near their home Sub-County, in order for such officer to prepare adequately for retirement provided that such officer has attained the age of fifty years.
(2)

Every application made pursuant to this paragraph shall be submitted to the National Police Service Commission through the authorized channels.
7.

Removal of officers from the Service.
(1)

All officers of the Service may be removed on the following grounds—

(a)

on reduction of the establishment of the Service;
(b)

if the respective Deputy Inspectors-General or Director, Directorate of Criminal Investigations as the case may be, through the authorized channels, consider the officer incompetent, and recommend the removal of such officer to the National Police Service Commission through the Inspector General;
(c)

if the officer is certified by the Medical Board to be mentally or physically unfit to perform their duties in the Service;
(d)

for activities or behaviour of the officer which the respective Deputy Inspectors-General or Director, Directorate of Criminal Investigations as the case may be through the normal channels, consider likely to be prejudicial to peace, good order or good governance of Kenya, and recommend the removal of such officer to the National Police Service Commission through the Inspector General;
(e)

if the respective Deputy Inspectors-General or Director, Directorate of Criminal Investigations as the case may be, through the authorized channels, considers that it is in public interest or in the interest of the National Police Service Commission that the officer shall be removed, and recommend the same to the National Police Service Commission through the Inspector General; or
(f)

if the officer has been convicted of any criminal offence.
(2)

Before an officer is removed from the Service on medical basis, the Medical Board shall certify such medical basis in accordance with the Code of Regulations.
(3)

The procedure for removal of police officers from the Service is as provided for in the Discipline Chapter of these Service Standing Orders.
(4)

Before a member is removed from Service on the grounds provided in h (1), such member shall be given an opportunity to make representations against such removal, if any, and the County or Formation Commander shall record in writing the representations and forwards the representations to the respective Service Headquarters in quadruplicate.
(5)

The representation referred to in h (4) shall be processed in the same way as an appeal and transmitted in the form prescribed in Appendix 30(d) of the Discipline Chapter and all points raised shall be answered adequately.
8.

Return of uniform and other police equipment.
(1)

The Sub-County or Station Commander shall ensure that a police officer proceeding on retirement, resignation or dismissal returns all items of police uniform and equipment and any deficiency of such items are paid for in full.
(2)

Where all items are returned by an officer in accordance with h (1), a kit clearance certificate shall be issued to him by the Sub County or Station Commander and copy sent to the respective Service Headquarters.
(3)

Immediately a police officer proceeds on leave pending discharge or retirement, such officer shall be struck off the Station or Sub-County or County or Formation's strength.
(4)

The National Police Service numerals of the officers referred to in h (1) shall be forwarded directly to the respective National Police Service Central Stores, Nairobi.
9.

Particulars of discharge papers.

When forwarding the discharge papers including Sub-County, County or Formation Personal files and Service Register of a police officer, the following particulars shall be supplied—

(a)

residential or postal address;
(b)

identity card number;
(c)

station and the County Authority in whose jurisdiction the officer was serving prior to their leaving the Service; and
(d)

if none of their family was living with the officer at the station mentioned in item (c), the County Authority in which the family lived.
10.

Certificate of service.

Police Officers of the rank of inspector or above excluding deserters may on request, upon retirement, resignation, dismissal or termination of appointment be issued with a Certificate of Service in form GP.31.
11.

Assessment of efficiency and general conduct.

The efficiency and general conduct of an officer shall be assessed as "Very Good" "Good" "Fair" or "Indifferent", unless there is any reason to the contrary, general conduct shall be assessed as "Good".
12.

Free transport on discharge.
(1)

Free transport shall be provided for officers leaving the service in accordance with the conditions laid down from time to time by the National Police Service Commission.
(2)

Junior Officers of the Service who qualify to receive benefits under the Pensions Act shall receive, on discharge, a letter stating the final payment under the Pensions scheme to be made to such officers as soon as approval is received from the Treasury.
(3)

Junior officers in the Service who qualify to receive benefits under any relevant pensions law shall be given on discharge, a letter stating that the officer is entitled to pension benefits and full payments of such benefits shall be made as soon as is practicable after the requisite approval of Treasury is made.
13.

Certificate of discharge.

Junior officers except recruits or deserters, upon retirement, resignation, dismissal or termination of appointment shall be issued with Certificate of Discharge in form P11a, against receipt which shall be placed in the Officer’s Personal Sub-County file.
14.

Discharge certificate assessment of character - junior officers

Junior officers except recruits or deserters, upon retirement, resignation, dismissal or termination of appointment shall be issued with Certificate of Discharge in form P11a, against receipt which shall be placed in the Officer’s Personal Sub-County file.

Discharge Certificate Assessment of Character - Junior Officers

For the purpose of issuing a Certificate of Discharge, Junior Officers characters shall be assessed as follows—

(a)

Exemplary

(i) at least twelve year's Police Service; and
(ii) to have committed no disciplinary offence during his service.
(b)

Very Good

This may be awarded to a police officer whose character is otherwise exemplary but who has insufficient service to make such officer eligible for an "Exemplary" character and in such cases, the assessment of character should be endorsed "Under twelve years' service and so ineligible for an Exemplary character".

(c)

Good

This may be awarded to a police officer who does not qualify for a "Very Good" classification on account of—

(i) having more than six disciplinary convictions recorded against him; or
(ii) serious misconduct during the six years prior to his discharge.
(d) Fair

This may be awarded to a police officer whose services have not qualified such officers for any of the preceding character classifications.
15.

Indifferent or bad characters not to be awarded.

The characters "Indifferent" or "Bad" shall not be awarded, and under no circumstances shall junior Officers remain in the Service long enough to earn a Certificate of Discharge, if such officer possesses insufficient or bad character.
16.

Rules to be observed in assessing character.

The following shall be observed in assessing a police officer’s character—

(a)

the gravity of offences committed than by the degree of punishment awarded; and
(b)

the chances of officer’s obtaining employment in civil life are largely governed by the character accorded to him or her on discharge.
17.

Dismissal on Criminal on Disciplinary Conviction or Removal.
(1)

Where a police officer is dismissed from the Service on criminal conviction or Disciplinary action, the cause of discharge shall be indicated as "Termination of Service".
(2)

Where a police officer has been removed from the Service under any of the conditions specified in Discipline Orders, the reasons for their removal shall be shown as "Retired".
18.

Certificate of discharge be free of erasures.
(1)

All Certificates of discharge shall be—

(a)

issued free of erasures and alterations; and
(b)

signed by an authorized officer by the National Police Service Commission.
19.

Testimonials not to be given.

Except as provided in any other relevant law, the Police Certificate of Discharge or Government Certificate of Service are the testimonials that shall be issued to any Police Officer.
20.

Security of Certificate of Discharge.
(1)

The authorized officer shall keep in safe custody Certificate of Discharge of the National Police Service.
(2)

All Mutilated certificates of discharge shall be burnt or torn up to prevent unauthorized persons obtaining possession.
21.

Retirement and post exit.

The Inspector-General in consultation with the National Police Service Commission shall formulate a written policy—

(a)

on welfare and re-intergration of Police Officers who exit the Service;
(b)

to provide for access to medical facilities and security to members of the Inspectorate;
(c)

for redress from any administrative decisions taken in good faith which officer may have made during their tenure;
(d)

for legal aid to retired policy officers; and
(e)

for services to be procured from retired and willing officers in police training colleges, county training centers following such officers specialization.
22.

Pre-resignation, interviewing and counselling.

Where an officer seeks to resign from service and the supervisor or the authorised officer is of the view that the reason for such resignation may not be well founded or is actuated by a matter that may be dealt with differently other than by resignation, the supervisor or the authorised officer may require the officer to reconsider the decision before accepting the resignation.
23.

Other requirements on resignation.

A police officer trained by the Service may be bonded under such conditions as determined from time to time by the Government.
24.

Retirement on grounds of ill Health.
(1)

An officer may retire from the Service on grounds of ill-health or other physical infirmity.
(2)

Where an officer requests to retire under this paragraph, the National Police Service Commission shall call upon the person to appear before a medical board to ascertain whether or not the officer may be retired on such medical grounds.
25.

Exit interviews.

Every person intending to exit the Service, shall undergo an exit interview in the manner determined by the National Police Service Commission, for purposes of recording, among other things, the reasons why the person reached a decision to leave the Service.
26.

Databases of persons who have left the service.

There shall be an up to date database maintained by the Commission and the National Police Service, containing the names, identity card numbers and contact details of persons that have left the Service.
27.

Retirement on grounds of public interest.
(1)

If the Inspector General, after having considered every report in his possession made with regard to a gazetted officer or an officer in the inspectorate, is of the opinion that it is desirable, in the public interest, that the service of the officer be terminated on grounds which cannot suitably be dealt with under any other provision, he shall notify the officer, in writing, specifying the complaints by reason of which his retirement in the public interest is contemplated, together with the substance of any report or part thereof that is detrimental to the officer.
(2)

If, after giving a gazetted officer an opportunity of showing cause why he should not be retired in the public interest, the Inspector General is satisfied that the officer should be required to retire in the public interest, he shall, in the case of any gazetted officer, forward to the Commission the report on the case, the gazetted officer’s reply and his own comments, and the Commission shall decide whether the gazetted officer should be required to retire in the public interest.
(3)

In the case of an officer in the inspectorate, if, after giving the officer an opportunity of showing cause why his service should not be terminated, the Inspector-General is satisfied that the officer should be retired in the public interest, he shall so decide.
(4)

Where an officer is retired in the public interest, the Inspector-General shall furnish the Pensions Branch of the Treasury with full details of the case.
CHAPTER 30 – DISCIPLINE
1.

Discipline principles.
(1)

All disciplinary proceedings under this Part shall be in accordance with these Service Standing Orders, as approved by the Commission and which comply with Article 47 of the Constitution relating to fair administrative action.
(2)

The fundamental principle of discipline is obedience to lawful orders and consideration for juniors.
2.

Responsibility of officer senior in rank.

When police officers are acting together, the police officer senior in rank shall be in charge and shall be held responsible for all orders that shall be given.
3.

Obedience to a lawful order.

A police officer shall obey and execute any lawful order in respect of execution of the duties of office which he or she may, from time to time, receive from his or her superiors in the Service.
4.

Responsibility for consequences of orders.

A police officer giving an order is responsible for its consequence, unless the method of carrying out the order is improper, negligent or contrary to the instructions given by him or her.
5.

Conduct of police officers.
(1)

A police officer, being a guardian of the peace, shall at all times set a good example to the general public by conducting himself or herself in an irreproachable manner, both on and off duty.
(2)

Police officers shall undertake duties and tasks necessary for effective administration and operation of the Service.
6.

Offences.

The offences against discipline are as provided under the Eighth Schedule of the National Police Service Act (Cap. 84) which provides that, it shall be an offence against discipline for any police officer to―

(a)

unlawfully strike, use or threaten violence against any police officer or any other person;
(b)

use any obscene, abusive or insulting language in any form to any police officer;
(c)

use threatening or insubordinate or disrespectful language, word, act or demeanor to a police officer senior to him in rank;
(d)

cause a disturbance in any police premises;
(e)

be guilty of drunkenness while on duty;
(f)

drink intoxicating liquor or psychotropic substances or drugs, or smoke in uniform when actively engaged on duty in a public place;
(g)

willfully disobey any lawful command or order;
(h)

absent himself without leave;
(i)

be found sleeping while on duty;
(j)

leave his post or place of duty before he is regularly relieved, except in fresh pursuit of an offender who it is his duty to apprehend;
(k)

while under arrest or in detention, leave or escape from such arrest or detention before he is set at liberty by proper authority;
(l)

neglect or refuse to assist in the apprehension of any police officer charged with any offence, when lawfully ordered so to do;
(m)

resist any lawful arrest;
(n)

negligently allow any prisoner, who is committed to his charge, or whom it is his duty to guard, to escape;
(o)

discharge any weapon without orders or without reasonable lawful cause;
(p)

without reasonable cause, fail to attend at any parade, instruction class or court or any other duty which he is required to attend;
(q)

sell, pawn, lose by neglect, make away with or willfully or negligently damage, or fail to report any loss or damage to, any arm, ammunition, accoutrement, uniform or other article of personal issue or any vehicle or other property committed to his charge belonging to the Government or for which the Government is responsible;
(r)

be in improper possession of any public or private property;
(s)

commit any act of plunder or wanton destruction of any property;
(t)

be negligent in the performance of his duty;
(u)

appear on duty untidy or dirty in his person, arms, clothing or equipment;
(v)

make or sign any false statement in any document or official record;
(w)

without proper authority, disclose or convey any information concerning any investigation or other police matter;
(x)

malinger, or feign any disease or infirmity;
(y)

knowingly and willingly transmit any venereal disease or HIV/AIDS;
(z)

without proper authority demands or exacts from any person any carriage, porterage or provisions;
(aa)

commit an act which amounts to corruption under any law in force in Kenya;
(bb)

make any false statements upon joining the Service;
(cc)

refuse or neglect to make or send any report or return which it is his duty to make or send;
(dd)

knowingly make any false accusation or complaint or statement against any police officer or other person, affecting the character of such person, or shall willfully suppress any material fact;
(ee)

without lawful excuse break out of police barracks, quarters, lines or camp;
(ff)

make or sign any false statement in any document or official record;
(gg)

act or behave in a manner that constitute cowardice under the Police Service Standing Orders;
(hh)

willfully disobey, whether in hospital or elsewhere, any order and so cause or aggravate any disease or infirmity or delay its cure;
(ii)

knowingly make false statement affecting the character of such police officer or other person or willfully suppress any material fact;
(jj)

be engaged in any other gainful employment or office without the authority of the Commission;
(kk)

block or interfere with police communication; or
(ll)

commit an act which amounts to hate speech under section 13 and 62 of the National Cohesion and Integration Commission Act.
7.

Penalties for disciplinary offences.
(1)

A police officer who commits an offence against discipline is liable to—

(a)

reprimand;
(b)

confinement to barracks or police residential quarters;
(c)

reduction of salary by not more than one third of the basic salary for a period not exceeding three months;
(d)

a fine not exceeding a third of basic salary;
(e)

suspension;
(f)

an order of restitution;
(g)

stoppage of salary increment for a specified period of time but not exceeding one year;
(h)

reduction in rank;
(i)

dismissal from the service;or
(j)

any combination of the punishments provided under this subparagraph.
(2)

The sanctions provided under h 1 (f), (g), (h), (i) and (j) shall only take effect on approval and confirmation by the Commission.
(3)

Where the disciplinary committee recommends any of the sanctions under subparagraph 1 (f), (g), (h), (i) and (j), the record of the proceedings shall immediately be forwarded to the Commission through the Service channels for determination.
(4)

The presiding officer shall enter in the record, the recommended punishment, the date of the punishment and the offence for which it was inflicted on the record sheet of the police officer punished.
(5)

Copies of the record of proceedings of officers taken through disciplinary proceedings shall be forwarded to the Commission on a quarterly basis through the office of the Inspector General.
8.

Complaints against police officers.

The disciplinary process may commence upon occurrence of any of the following—

(a)

a complaint from a member of the public;
(b)

a complaint from a member of the Service;
(c)

a complaint from a state organ; or
(d)

an anonymous witness statement or other statement made for another investigation not necessarily commenced for purposes of police service matters.
9.

Investigations.
(1)

Where an incident under paragraph 8 occurs, such complaint shall be investigated by the most senior officer available or by an authorized officer in the manner prescribed in Chapter 21 on Complaints Procedures.
(2)

In cases of interest, the investigations may preferably be conducted by an officer from outside the station.
(3)

Where a complaint is by a police officer against an officer of a different Service, the investigation shall be carried out by the Internal Affairs Unit.
10.

Notification of investigations.
(1)

Where an officer accused in a complaint admits to an offence against discipline, appropriate disciplinary proceedings shall be taken to the appropriate disciplinary committee.
(2)

Investigations into complaints against police officers shall be notified to the Internal Affairs Unit upon commencement of the investigations.
(3)

Where the complaints or reports and investigation files disclose offences against discipline, the investigations report along with a notification shall be forwarded by the authorized officer to the appropriate disciplinary committee to commence disciplinary proceedings.
(4)

Where the investigations disclose offences against discipline, the officer in charge shall be required to inform the Internal Affairs Unit of the notification issued to the appropriate disciplinary committee to conduct proceedings to enable a record of the same to be maintained.
(5)

Where the investigations disclose a criminal offence, the investigation file shall be forwarded to Director of Public Prosecution.
(6)

Where decision making require another authority, the county commander concerned will forward the investigation file to Internal Affairs Unit.
11.

Corrective action.
(1)

Where an offence against discipline is committed by an officer, the officer’s supervisor may take corrective action where applicable, pending the commencement of the disciplinary process.
(2)

Corrective action means an immediate and temporary measure taken by an immediate supervisor against an office in order to avert further commission of the offence pending commencement of disciplinary processes.
12.

National Police Service Disciplinary Committee.
(1)

The Commission shall establish the National Police Service Disciplinary Committee.
(2)

Where a hearing is for purposes of the discipline of an officer of the rank of Assistant Superintendent and above, the National Police Service Disciplinary Committee shall be convened to inquire into and hear the disciplinary proceedings.
(3)

The National Police Service Disciplinary Committee shall consist of—

(a)

the presiding officer who shall be the concerned Deputy Inspector-General of the Service to which the accused officer belongs or the absence of the respective Deputy Inspector General, a Commissioner of the National Police Service Commission, provided that the said Commissioner shall not be the other Deputy Inspector-General.
(b)

four other members appointed by Commission as follows–

(i) two members representing the Kenya Police Service; and
(ii) two members representing the Administration Police Service.
(4)

Where the accused officer is an officer from the Directorate of Criminal Investigations one of the two members representing the Kenya Police Service under sub paragraph 3 (b)(i) shall be from the Directorate of Criminal Investigations.
(5)

Where the accused officer is of the rank of Senior Assistant Inspector General, the National Police Service Disciplinary Committee shall consist of at least three members of the Commission.
(6)

The officer accused of an offence against discipline appearing before the Committee may be represented by a police officer, who shall not be of a rank higher than the accused officer’s rank to assist the officer in his defence.
(7)

Notwithstanding h (6), the Committee may require the accused officer to make submissions in person during the hearings.
(8)

The National Police Service Disciplinary Committee may decline the officer selected by the accused officer under h (6) and shall give reasons for the refusal and shall allow the accused officer an opportunity to select a different officer.
13.

Responsibility of the National Police Service Disciplinary Committee.
(1)

The Disciplinary Committee shall inquire into matters related to offences against discipline for all officers while taking into account the rank of the officer for purposes of the constituting the Disciplinary Committee.
(2)

In conducting an inquiry under h (1), the Disciplinary Committee may engage the services of any person or institution with expert knowledge in the matter to which the inquiry relates.
(3)

The Committee may, in determining any complaint against an officer, make recommendations to the Commission.
(4)

An officer aggrieved by the decision of the Commission following the recommendations of the Disciplinary Committee, may apply to the Commission for a review in accordance with these Standing Orders.
14.

Subordinate Disciplinary Committee.
(1)

Where a hearing is for purposes of the discipline of an officer of the rank of Chief Inspector and below, a Subordinate Disciplinary Committee shall be constituted to inquire into and hear the disciplinary proceedings.
(2)

The Subordinate Disciplinary Committee shall be composed of—

(a)

a presiding officer, being an officer who is appointed as a presiding officer by the immediate commanding officer of the respective Service, and shall be of a rank not below the rank of Inspector and not of or below the rank of the accused officer;
(b)

an assistant presiding officer appointed by the immediate commanding officer of the respective Service, as prescribed in the Police Service Standing Orders; and
(c)

an officer appointed by the immediate commanding officer of the respective Service to observe the proceedings, who shall not be of a rank lower than the accused officer.
(3)

During the hearings of the Subordinate Disciplinary Committee—

(a)

there shall be an officer prosecuting the offence being an officer authorized to inquire into offences against discipline and shall be of a rank higher than the accused officer but not of a rank higher than the presiding officer;
(b)

a police officer facing disciplinary action may be accompanied by another police officer of his choice for assistance and support provided that such an officer is not of a senior rank to the presiding officer;and
(c)

the Subordinate Disciplinary Committee may decline the officer selected by the accused officer giving reasons for the refusal and accord the accused officer an opportunity to select a different officer.
(4)

A police officer aggrieved by the Subordinate Disciplinary Committee’s decision may appeal in the following sequence—

(a)

first at the County or Formation or Unit;
(b)

to the respective Service Headquarters to the Deputy Inspector General or Directorate of Criminal Investigations; or
(c)

to the Inspector General.
(5)

An appeal against the decision of the Inspector General shall lie with the Commission.
15.

Disciplinary proceedings generally.
(1)

In all disciplinary proceedings, the accused officer shall be notified of the offence he is charged of and shall be given at least seven calendar days within which to show cause why disciplinary action should not be taken against him or her.
(2)

All officers subjected to disciplinary proceedings shall be notified at the earliest date possible before but not less than 24 hours before the hearing date.
(3)

Where a disciplinary hearing is scheduled, an officer accused of a disciplinary offence shall be given at least seven days notice before the date of hearing.
(4)

The notice under subparagraph (2) shall be in form 30c set out in Appendix 30(c) of this chapter.
(5)

In exceptional circumstances the notice under h (2) may be waived by an officer of or above the rank of assistant Superintendent and the hearing held in accordance with these Standing Orders.
(6)

Where paragraph (4) is invoked, reasons for the waiver shall recorded.
(7)

The officer who is subject of the proceedings may where applicable call witnesses or other evidence on his or her behalf at the officer’s cost.
(8)

The disciplinary hearing shall be conducted expeditiously and without undue delay or technicalities.
(9)

Any delay of completion of proceedings beyond twenty eight days shall be reported to the Commission through the Service channels stating the reasons for the delay.
16.

Conduct of disciplinary hearings

A disciplinary hearing shall be conducted in the following manner—

(a)

disciplinary hearings shall be held between the hours of 6.30 O’clock in the morning and 6.30 O’clock in the evening;
(b)

the presiding officer may, at his or her discretion, order the accused to remove any article which he or she considers may be used as a weapon or missile during the proceedings; and
(c)

an accused officer shall not be handcuffed during any proceedings unless the presiding officer considers it necessary for the purpose of preventing his or her escape or rescue or for restraining violent conduct.
17.

Presiding officer to ascertain service of notice before commencement of proceedings.

The presiding officer shall before commencing the proceedings ascertain from the accused person whether he or she has been duly notified, in writing, of the alleged displinary offence.
18.

Assistance and support by an officer.
(1)

An accused officer facing disciplinary proceedings may be accompanied by another officer of his or her choice for assistance and support, provided that officer selected shall not be of a rank senior to the presiding officer.
(2)

The subordinate disciplinary committee may decline the officer selected under paragraph (1) and shall give reasons for the refusal, however the accused officer shall be granted an opportunity to select a different officer to assist him or her in her defence.
(3)

An officer who wishes to be assisted during the proceedings shall inform the presiding officer either in writing or orally before the proceedings commences.
(4)

The officer assisting an accused person under paragraph (1) shall not appear as a witness in the matter.
19.

Presentation of evidence.
(1)

There shall be, during the hearings of the Subordinate Disciplinary Committee, an officer prosecuting the offence, being an officer authorized to inquire into offences against discipline and shall be of a rank higher than the accused officer but not of a rank higher than the presiding officer.
(2)

The immediate commanding officer of the respective Service of the accused shall appoint the police officer to present the evidence in which the prosecution evidence is based.
20.

Rights of the accused person.
(1)

The details of the alleged offence against discipline shall be read to the accused in a language which he understands and he shall be required to plead to the charge.
(2)

The plea of the accused shall be recorded in his or her own words and it shall be unequivocal, and the accused officer shall be required to sign on the record where the plea has been written.
(3)

Where the accused refuses to sign, the presiding officer shall enter such refusal in the record of the proceeding and a plea of not guilty shall be entered and the proceedings shall continue.
(4)

Where the accused admits the offence, a plea of guilty shall be recorded in his or her own words and in an unambiguous form and he shall subsequently be convicted.
(5)

Where the accused denies the offence, a plea of not guilty shall be entered, the plea shall be recorded in written form and the accused shall sign on the record where the plea has been made.
21.

Language of proceedings.
(1)

The presiding officer shall conduct proceedings in either Kiswahili or English language.
(2)

Where any inquiry or part of an inquiry is conducted in a language not understood by the accused, the presiding officer shall appoint a police officer or other person to act as interpreter and the appointment of an interpreter shall be recorded in the proceedings.
22.

Evidence by witnesses.
(1)

The presiding officer shall separately record the evidence of every witness and every witness shall be examined in the presence of the accused.
(2)

Each witness may be cross-examined by the accused or by the police officer appointed to assist him and may be re-examined by the prosecuting officer.
(3)

The evidence of each witness may be given on oath or affirmation where necessary, on the directions of either the Inspector-General or the County police officer or at the discretion of the presiding officer.
(4)

The presiding officer may examine the witnesses of the accused officer for any clarifications.
(5)

The disciplinary committee may summon any witness to come and give evidence during the inquiry.
(6)

At the close of the prosecution evidence in support of the alleged offence against discipline, and where the presiding officer is of the opinion that—

(a)

the evidence adduced is insufficient to support the charge, the presiding officer shall prepare a ruling, stating the reasons for his findings and acquit the accused officer; or
(b)

sufficient evidence has been adduced against the accused to put him on his defense, he shall inform the accused of the substance of the allegations against him, and inform him that he has the right to give evidence on his own behalf and to call such witnesses in his defense as he may wish.
23.

Protection of witnesses.

Where a witness requests for confidentiality, the officer investigating the offence shall ensure that the residential address, telephone number, cellphone number, email, fax and place of employment of the witness are not disclosed by the investigating officer except to the extent revised—

(a)

by law or for purposes of law enforcement or prosecution or other legal proceedings; and
(b)

to ensure the safety and security of any person.
24.

Evidence by the accused person.
(1)

The presiding officer shall inform the accused that if he or she gives evidence on his or her own behalf, he or she shall be liable to cross-examination.
(2)

The presiding officer shall record the evidence of the accused, if any, and shall then record the evidence of the witnesses for the defence.
(3)

When all the evidence has been recorded, the presiding officer shall review it, prepare a summary stating the reasons for his findings and record a verdict and shall convict or acquit the accused, as the case may be.
25.

Production of document and enquiries by the presiding officer.
(1)

The presiding officer may, at any time in an inquiry, order the production of any document which he considers shall assist him in arriving at a fair and just verdict.
(2)

The presiding officer may, at any time in the proceedings , in order to obtain proof of any relevant fact or to clarify any point in the evidence of any witness, ask such witness any questions he considers necessary to clarify any matter before him.
26.

Award of penalty.
(1)

Before awarding punishment against the accused the presiding officer shall allow the accused person to make a statement in mitigation of the sentence and he shall record the statement which shall be signed by the accused.
(2)

The presiding officer after considering the statement in mitigation shall award punishment.
(3)

Where his powers are inadequate, he may recommend the award of appropriate punishment to a superior officer.
27.

Dismissal of the charge.
(1)

The presiding officer may dismiss a charge against an accused officer after the conclusion of the submission of evidence and he is of the opinion that an offence has been proved against the accused but upon taking into consideration—

(a)

the accused record of service;
(b)

the offence is trivial; or
(c)

upon considering the extenuating circumstances under which the offence was committed, it is inexpedient to award any punishment.
28.

Accused person to be informed of his right of appeal.
(1)

The presiding officer shall, in writing, inform the accused of the findings and sentence and of his right to appeal to the designated appellate structures in this chapter.
(2)

For the avoidance of doubt, subject to h (1), an accused person aggrieved by the decision of the presiding officer shall, before lodging an appeal at the Commission, exhaust the internal appeal mechanisms established in these Standing Orders.
(3)

An appeal shall not be allowed in the case of an offender who has pleaded guilty, except to the extent or legality of the punishment.
29.

Appeals.
(1)

Where a disciplinary hearing has been conducted by an authorized officer or disciplinary committee, the officer aggrieved by the decision of the authorized officer may appeal to the designated appellate authority.
(2)

Any further appeal shall lie with the Commission.
30.

Procedure of appeals.
(1)

An appeal to the Commission or to the designated appellate authority within the Service, as the case may be, shall be in writing and shall be made within fourteen days of the decision appealed against.
(2)

An officer who appeals to the Service designated appeal authorities shall submit a copy of the appeal to the Inspector-General and the concerned Deputy Inspector-General of the Officer’s Service and to the Commission for information purposes.
(3)

The Commission or the designated appellate body may accept an appeal out of time where there is a compelling reason to do so or in the interest of justice, and the officer shall in writing state the reasons justifying the appeal out of time.
(4)

The Commission or the designated appellate body may deal with an appeal by way of written submissions by the parties or through oral hearing or both.
(5)

Where an appeal is to the Commission and the matter is to be handled through a hearing—

(a)

the Commission shall establish a panel to hear the case;
(b)

the composition shall depend on the rank of the person involved and shall be comprised of—

(i) a Commissioner to chair the panel;
(ii) an officer from the same Service as the officer appealing, designated by the Inspector-General in consultation with the respective Deputy Inspector-General, or Director of the Directorate of Criminal Investigations, as the case may be;
(iii) a human resource (uniformed) officer from the Service of the concerned officer; and
(iv) any other officer who possesses the knowledge and skills deemed necessary by the panel.
31.

Recommendations from the Commission’s appeals panel.
(1)

The appeals panel shall deliver its report to the Commission within seven days of conclusion of the hearing and may, in respect of a decision appealed against recommend to—

(a)

uphold the decision;
(b)

set aside the decision;
(c)

vary the decision as it considers to be just;
(d)

make such directions as it may consider appropriate, with respect to the decision;
(e)

make any decision for refund, reinstatement of remuneration or release of withheld payment due to an officer as it considers to be just;
(f)

direct that disciplinary action be taken against any authorizing officer or other person within the service who has failed to discharge a duty that was under obligation to discharge in relation to the disciplinary case; or
(g)

make any other appropriate decision in view of the circumstances of the case.
(2)

An appellant who is dissatisfied with the decision of the Commission may petition the Commission for review, if there is new information that warrants such review by the Commission.
32.

Transmission of proceedings to the Commission.

Where an accused person prefers an appeal to the Commission, he or she shall, in writing, apply for a copy of the proceedings at his or her own cost.
33.

Trial in absentia.
(1)

Where an officer fails to attend a disciplinary hearing despite notification of the date, time and venue of the hearing, the hearing may proceed in the absence of the officer and the presiding officer shall record the reasons for the accused officer’s absence.
(2)

If a police officer, having been duly notified, refuses to attend an inquiry into a displinary offence for which he is charged, or having attended as required, willfully obstructs the holding of such inquiry in such a manner as to prevent the inquiry being carried out or completed, the inquiry may be held in the absence of the accused, as though he were in fact present.
(3)

When it becomes necessary to carry out or complete an inquiry in the absence of the accused, the presiding officer shall appoint another officer in writing, of or above the rank of Inspector, and not below that of the accused, to represent the interests of the accused at the inquiry.
(4)

The evidence relevant to the disciplinary offence with which the accused is charged shall be recorded and the presiding officer may give consideration to the inclusion of evidence at the request of the officer representing the interests of the accused.
(5)

The officer representing the interest of the accused shall cross examine all the prosecution witnesses and shall guide the defence witnesses in their evidence.
(6)

The accused representative shall be required to countersign the proceedings at their close and the presiding officer shall record in full, his reasons for conducting the inquiry in the absence of the accused so as to establish clearly that no other cause of action was open to him.
(7)

If a hearing is conducted, the presiding officer may recommend any punishment provided for in Appendix 30 (a) of this Chapter and shall submit the proceedings to the County or Formation Commander or the Inspector-General, as the case may be, who may recommend to the National Police Service Commission, the dismissal of the accused or award of any lesser punishment.
(8)

The accused shall be informed, in writing, of the sentence imposed, and shall also be informed of his right of appeal subject to exhausting all the avenues for internal appeals.
34.

Factors to consider when awarding punishments.

The presiding officer shall take into account while awarding punishment to an accused person who has been found guilty of the offence―

(a)

the circumstances in which the offence was committed and the gravity thereof;
(b)

the seniority and length of service of the offender;
(c)

the previous record and conduct of the offender; and
(d)

statement made by the officer for the purposes of mitigation;
35.

Reduction in rank
(1)

Where a police officer is awarded the punishment of reduction in rank he or she shall be treated, in so far as his or her salary is concerned, as though he or she had not been promoted and his or her salary on reduction shall be that to which he or she would normally have progressed had he or she not been promoted and his or her incremental date shall revert to that applicable before promotion.
(2)

An officer’s case whose sentence is a reduction of rank will be reviewed every two years to provide a status report for possible consideration.
36.

Restraint to barracks or police residential quarters.
(1)

An officer may be restrained in cells, barracks or police residential quarters, in instances where it is necessary to restrain the violent conduct of the officer.
(2)

Such restraint is not a disciplinary punishment and the officer must be released from cells as soon as restraint is no longer necessary.
37.

Reprimand.

A reprimand shall entail an adverse entry in the accused person’s record of service and is thus a serious punishment.
38.

Recovery of fines by deduction from salary.
(1)

Subject to subparagraph (2), a fine imposed for an offence against discipline shall be recoverable by one or more deductions from the monthly salary payable to the officer on whom the fine is imposed.
(2)

Notwithstanding subparagraph (1), a deduction or an aggregate of deductions if more than one fine is outstanding at the same time, shall not exceed one-fourth of the gross salary payable in any month.
39.

Dismissal from Service.
(1)

The presiding officer may recommend dismissal of an accused person from the Service and the dismissal shall only take effect on approval and confirmation by the National Police Service Commission.
(2)

Where an officer is convicted of a criminal offence, and when a criminal appeal has been decided or when the convicted officer has failed to lodge any criminal appeal within the stipulated time, the Inspector-General or the officer authorized by the Inspector-General shall cause to be forwarded a full report on the case, together with a copy of the judgment, to the National Police Service Commission together with a recommendation as to the retention or dismissal of the officer from the Service, or the recommendation of other suitable punishment to the convicted officer.
(3)

The National Police Service Commission shall within a reasonable time upon receipt of the documents under h (2) make a decision, which decision shall be communicated to the accused officer through the office of the Inspector-General.
(4)

Minor offences such as traffic offences provided under the Traffic Act (Cap. 403), or the county governments’ legislation shall not necessitate disciplinary action.
(5)

Where an authorized officer considers that a convicted officer should be retained in the Service, he shall submit a full report on the case to National Police Service Headquarters through the respective Deputy Inspector-General as soon as practicable with a copy of the judgment, together with his recommendations as to why the convicted officer should be retained.
(6)

The Deputy Inspector-General shall on receipt of the report under paragraph (5), forward the recommendation to the National Police Service Commission for approval and confirmation of the recommendation of the authorized officer.
40.

Where officer is accused of criminal offence.
(1)

Where a police officer has been tried and acquitted of a criminal charge and the evidence at that trial may reveal that, despite the acquittal, he or she is guilty of a disciplinary charge arising out of his or her conduct in the matter and does not raise substantially the same issues on which he or she was acquitted, an internal disciplinary action may be preferred.
(2)

Where an officer is charged of a criminal offence, the Service may take appropriate disciplinary action for offences against discipline committed by the accused officer in accordance with these Standing Orders: provided that the action taken shall not be based on same facts as the criminal proceedings.
(3)

Where an officer is accused of a criminal offence—

(a)

an officer of the rank of superintendent may interdict an accused officer of the rank of chief inspector and below;
(b)

the Deputy Inspector General, the Director of Criminal Investigations or the Director Internal Affairs Unit may interdict officers of the rank of Assistant Inspector General and below;
(c)

the Inspector General may interdict the officers of the rank of Senior Assistant Inspector General and below; or
(d)

the interdicting officer shall immediately inform the Commission of the interdiction through the service channels.
(4)

Where the Service fails to take the requisite disciplinary action, the Commission may initiate disciplinary proceedings against the accused officer as provided in section 88 (4) of the National Police Service Act (Cap. 84).
41.

Recording of punishment.

A punishment awarded against an officer shall be published in weekly orders of the National Police Service and entered in service register, the casualty or personnel returns and the defaulter’s registers.
42.

Suspension of punishment.
(1)

A reprimand awarded to a member of the Service may be suspended for such period not exceeding six months as the respective Deputy Inspector-General or Formation or County Commander may determine: provided that if during the period of suspension the offender is found guilty of a further offence against discipline, the suspended punishment shall forthwith be carried into execution.
(2)

Where a reprimand has been suspended, the respective Deputy Inspector-General or formation or County Commander, shall at the expiration of the period of suspension, review the case, or may therefore order that the conviction be set aside or the punishment reduced, or may order that the reprimand stand and be entered into the service records.
43.

Time for lodging an appeal against a disciplinary conviction and punishment.
(1)

A police officer, against whom a punishment has been awarded in respect of an offence against discipline, may appeal within fourteen days upon receipt of the decision of the Service Disciplinary Appeal Board by lodging a notice of appeal at the National Police Service Commission.
(2)

The notice of appeal filed under subparagraph (1) shall state the grounds on which the appeal is based and the notice of appeal shall act as stay of the punishment.
(3)

Upon submitting a notice of appeal to the National Police Service Commission, the convicted officer shall apply for copies of the proceedings of the Service Disciplinary Appeals Board at his or her own cost.
(4)

On receipt of a memorandum of appeal the officer who inquired into the offence shall transmit it forthwith in the form prescribed at Appendix 30(d) to this chapter to the appropriate appellate authority together with the original record of the proceedings or copy thereof, and with such comment as he may deem relevant relating to the grounds raised by the appellant.
(5)

An appeal shall be considered by the National Police Service Commission, if the appeal―

(a)

is in the form prescribed in (Appendix 30 (d); and
(b)

has been submitted through the proper police channels and bears the signature of the Commander, or his Deputy of the originating formation.
44.

Appeal to court.

Upon receipt of the decision of the National Police Service Commission by the officer, the officer may, if he is dissatisfied with the decision, appeal to the High Court.
45.

Establishment of the County Disciplinary appeal. Review Board.
(1)

There is established for the respective Services and the Directorate of Criminal Investigation, the County Disciplinary Appeals Board for purposes of considering an appeal against a decision of a presiding officer.
(2)

The Boards shall consist of―

(a)

with respect to the, Kenya Police Service―

(i) the Deputy County Commander – Chairman;
(ii) the Staff Officer-Admin-Secretary;
(iii) the Sub-County Commander to serve in rotation–member;
(iv) the Staff Officer Operations-member; and
(v) any other member co-opted by the County commander.
(b)

with respect to the Administration Police Service―

(i) the Deputy County Commander-Chair;
(ii) the A1-Staff Officer Admin-Secretary;
(iii) the A3-Staff Officer Operations-Member;
(iv) the Sub-County Commander of the host County-Member; and
(v) any other member co-opted by the County commander.
(c)

with respect to the ,Directorate of Criminal Investigations―

(i) the Deputy DCI Commander as the chairperson;
(ii) the Staff Officer Admin;
(iii) the Staff Officer Operations;
(iv) the Sub-County DCI Commander; and
(v) any other member co-opted by the County commander.
46.

Establishment of the Service Disciplinary Appeal Board.
(1)

There is established the Service Disciplinary Appeals Board for purposes of considering appeals from the decisions from the respective County Disciplinary Appeals Board.
(2)

The Service Disciplinary Appeals Board shall consist of―

(a)

the Director of Administration as the chairman;
(b)

the Staff Officer Personnel (S.O.P); and
(c)

the Staff Officer Personnel (S.O.P 2) as the Secretary.
(3)

Where the appellant is a member of the National Police Reserve, the Board shall co-opt the senior Reserve police Officer-in-Charge of the Formation in the interest of the appellant.
(4)

Where the Service Disciplinary Appeals Board makes a decision as to an order of restitution, stoppage of salary increments for a specified period of time, but not exceeding one year, reduction in rank, dismissal from the Service or a combination of the punishment, the disciplinary action shall take effect after the approval and confirmation by the National Police Service Commission in accordance with this chapter.
47.

Interdiction from duty.
(1)

The Inspector-General may interdict from duty any police officer pending any inquiry into a disciplinary offence or into the conduct of any such officer under provisions of the Code of Regulations for officers of the Government Service, or under the provisions of the Constitution, the National Police Service Act (Cap. 84) or of any other written law.
(2)

A police officer shall not be interdicted unless he is accused of an offence of such gravity that a recommendation for his dismissal may follow conviction.
(3)

The Inspector-General may delegate these powers to the County or Formation Commanders but not below a police officer of the rank of Senior Superintendent.
(4)

Where any police officer has, in accordance with Service Standing Orders or any other written law, been interdicted from duty, he shall not by reason of such interdiction cease to be a police officer: provided that the powers, privileges and benefits vested in him as a police officer shall, during his interdiction, be in abeyance, but he shall continue to be subject to the same discipline and penalties, and to the same authority, as if he had not been interdicted.
(5)

An interdicted officer shall normally be paid at half rates in order to allow him to maintain himself and his family and to enable him to prepare his defense against any criminal or disciplinary charges which may be pending. However, in order to alleviate hardship, the Inspector-General may authorize payment up to full salary in specific cases.
(6)

Where any interdicted officer is awarded a punishment not amounting to dismissal, the officer shall be refunded his salary withheld as a result of his interdiction. Where the disciplinary or criminal proceedings taken against a police officer under interdiction have resulted in him being neither dismissed, nor otherwise punished, the whole of the salary withheld from him under this paragraph shall be restored. In the event of the interdicted officer being dismissed no part of the withheld salary shall be paid to such dismissed officer.
(7)

At the close of the court process, appropriate administrative action based on the outcome of the case shall be taken within one calendar month by the interdicting authority.
(8)

When any officer is interdicted from duty all articles of police clothing and equipment shall be withdrawn from him and stored.
(9)

Where there are any deficiencies in such clothing and equipment, an immediate inquiry shall be instituted into the cause of the deficiency and if necessary orderly room proceedings shall be taken and recovery be made under section 68, 92 and paragraph (q) of the Eighth Schedule of the National Police Service Act (Cap. 84).
(10)

In the event of the officer being retained in the Service, his clothing and equipment may be returned to him.
(11)

Should a police officer under interdiction be required to wear uniform for any official purpose, such as attendance at court, a quantity sufficient for the purpose may be issued to him against receipt and shall be withdrawn immediately the necessity for wearing uniform has ceased. Under no other circumstances shall a police officer under interdiction be permitted to wear uniform.
(12)

When any officer has been interdicted from duty, immediate notification shall be sent to Service Headquarters and the Commission.
(13)

During an officer’s interdiction, the interdicted officer may be required by the interdicting officer to proceed to his permanent residence and to report to the local police station or post.
(14)

Officers who have been reinstated back to the Service after having been interdicted or dismissed shall be assessed to determine their suitability and competence to remain in the service as police officer.
48.

Powers to suspend.
(1)

The Inspector-General may delegate the powers to suspend from duty any officer who has been convicted of a criminal offence and whose dismissal or removal from the Service under any of the provisions of this chapter to a police officer not below the rank of Senior Superintendent pending confirmation from the National Police Service Commission.
(2)

A police officer who has been suspended from duty is not entitled to any salary, but the Inspector-General may, at his discretion, direct that such officer be granted an alimentary allowance on application.
(3)

Any officer who has been suspended from duty shall be informed accordingly and should, if he wishes to apply for the grant of an alimentary allowance, submit a written request to that effect; such request shall set out the grounds on which the application is made and shall be forwarded through normal police channels to the Inspector-General with copies to the County Commanders, Deputy Inspectors General or Director of criminal Invetsigations, Inspector General and National Police Service Commission.
(4)

In the event of the suspended officer being dismissed, the date of dismissal will normally be the date from which the officer was suspended. In the event of it being decided that the suspended officer should not be dismissed, he/she shall be entitled to full salary for the period of his suspension.
49.

Responsibility of officer authorizing interdiction or suspension.
(1)

Where any officer is interdicted or suspended from duty, the officer authorizing such interdiction or suspension shall ensure that no over-payment of salary is made to the officer so interdicted or suspended.
(2)

Where a sentence of dismissal is imposed or when a police officer is removed from the Service under the above provisions, he ceases to be entitled to any salary or allowances from the date of dismissal or removal whether or not he enters an appeal.
(3)

Surcharge proceedings may be instituted against any officer responsible for over-payment of salary or allowances.
50.

Responsibility for discipline of specialized personnel.

Formation or County and Sub-County Commanders are responsible for the discipline and general administration of all technical and specialist personnel within their commands and they shall be consulted by the Officer-In-Charge of such branches on all matters affecting discipline and administration.
51.

Extra training not a punishment.

If at any time a police officer having command or control of any police officer considers it desirable that such officer undergoes any training or extra training, he may require the said officer to carry out any drill parade, kit inspection, or other training parade, and such training shall not be regarded as a punishment. Such extra training should not be excessive, used arbitrarily, and should not be administered maliciously.
52.

Removal of officers.
(1)

A police officer may be removed from the Service―

(a)

on reduction of the establishment of the Service;
(b)

if the respective Deputy Inspector General or Director of Criminal Investigations as the case may be, through the normal channels, considers that the officer is unlikely to become, or has ceased to be an efficient police officer, and recommend the same to the National Police Service Commission through the Inspector General;
(c)

if he or she is certified by the Medical Board to be mentally or physically unfit for further service in the Service;
(d)

for activities or behavior which the respective Deputy Inspector General or Director of Criminal Investigations as the case may be, through the normal channels, consider likely to be prejudicial to peace, good order or good governance of Kenya, and recommend the same to the National Police Service Commission through the Inspector General;
(e)

if the respective Deputy Inspectors-General or Director of Criminal Investigations as the case may be, through the normal channels, considers that it is in the public interest or in the interest of the National Police Service that he should be removed, and recommend the same to the National Police Service Commission through the Inspector-General; or
(f)

if he or she has been convicted of any criminal offence.
(2)

An officer convicted of a criminal offence may be removed from the Service through normal removal procedures.
53.

Notification on removal.

A police officer who is, by order of the Commission, to be removed from the Service on reduction of establishment of the service shall be notified in writing by the Inspector-General of the date upon which it is proposed that he should be removed.
54.

Procedure of removal due to inefficiency.
(1)

A police officer may be removed from the Service on the grounds that he or she is unlikely to become or has ceased to become an efficient police officer.
(2)

Where a police officer is to be removed on the grounds that he or she is unlikely to become or has ceased to become an efficient police officer, the following procedure shall apply in respect of any officer undergoing training as a trainee―

(a)

(i) the Commandant of the Kenya Police College, Administration Police Training College and the Commanding officer General Service Unit Training School shall submit to the Inspector-General a full report on the work, conduct, and efficiency of the police officer, full details of any warnings that may from time to time have been administered and details of any representations that the Inspector may have made in reply to such warnings;

(ii) upon receipt of the report required in h (i) the Inspector General shall forward the report with his recommendations to the Commission for determination; and
(iii) the police officer shall be notified in writing of the decision of the Commission and where the decision is removal from the service, the officer shall be notified of the effective date of his removal from the Service; which date shall be at least one month after the date of such notification:

Provided that, the National Police Service Commission may at its discretion, order the police officer’s immediate removal from the Service, and in such cases the officer may be paid one month's salary in lieu of notice.

(b)

in respect of a constable undergoing training as a trainee, either at the Kenya Police College, Administration Police Training College or at General Service Unit Training School–

(i) the Chief Instructor shall submit to the Commandant, a full report on the work, conduct and efficiency of the recruit constable, full details of any warnings that may from time to time have been administered and details of any representations that the constable may have made in reply to such warnings;
(ii) if the Commandant, having perused the report required in h (i) of this paragraph, is satisfied, having regard to all the circumstances of the case, that the constable is unlikely to become efficient, he may submit a report to the National Police Service Commission through the Inspector General recommending that the recruit constable is removed from the Service; and
(iii) the recruit constable shall be notified in writing of the effective date of his removal from the Service, which shall be at least one month after the date of notification.

Provided that the Commission may at its discretion determine the police officer's immediate removal from the Service, and in such cases the recruit constable may be paid one month's salary in lieu of notice.

(c)

in respect of any member of the Service–

(i) where the officer having charge of the Sub-County or County or Formation in which the officer is serving considers that such officer is unlikely to become or has ceased to be efficient the officer shall submit to the County Commander with a copy to the Inspector- General and the Commission, a full report including confidential reports, on the work, conduct and efficiency of such officer, full details of any warning that may from time to time have been administered, and details of any representation that officer may have made in reply to such warnings;
(ii) upon receipt of the report required in subparagraph (i) of this paragraph, the County or Formation Commander as the case may be, shall inform the officer, with a copy to the Inspector General and the Commission, that his removal from the Service is contemplated, giving the reasons therefore and shall call upon officer concerned to submit in writing, within reasonable time for the purpose, such representations as he may wish to show cause why he or she should not be removed from the Service;
(iii) the police officer shall submit his representations of his dismissal to the officer having charge of the Sub-County or County or Formation in which he is serving, and forward such representations to the County Commander, the Inspector-General and the Commission;
(iv) the County Commander, having perused the representations of the officer and the comments of the officer having charge of the Sub-County or County or Formation in which such officer is serving, and having regard to the usefulness of officer to the Service and all other circumstances of the case, shall forward the report and his recommendations to the to the Inspector-General with a copy to the Commission; and
(v) upon receipt of the report required in h (i), the Inspector General shall forward the report together with his recommendations to the Commission for determination.
(3)

The officer shall be notified in writing of the decision of the Commission and where the decision is removal from the Service, the officer shall be notified of the effective date of his removal from the Service; which date shall be at least one month after the date of such notification:

Provided that the Inspector-General or County police officer as the case may be, at his discretion may order the officer’s immediate removal from the service and the Inspector-General or County police officer as the case may be, may pay to such officer one month’s salary in lieu notice.
55.

Removal on prejudicial grounds.

Where the Inspector-General considers that any member of the Service has acted or behaved in a manner prejudicial to the peace, good order or good governance in Kenya, the Inspector General shall recommend the removal of the officer to the Commission.
56.

Procedure on removal due to Public or Service interest.
(1)

Any police officer may be removed from the National Police Service on the grounds that it is in the public interest or in the interest of the service to do so.
(2)

Where a police officer is to be removed from the service in the interest of the public or the Service the following procedure shall apply―

(a)

where the police officer having charge of the Sub-County or County or Formation in which the officer is serving considers that such officer should be removed from the Service on the grounds that it is in the public interest or in the interest of the Service, he shall submit to the Inspector-General, Deputy Inspectors-General, Director of Criminal Investigations or County Commander as the case may be, with a copy to the Commission, a full report, including–

(i) confidential report, on the work, conduct and efficiency of such officer;
(ii) full details of any warnings that may from time to time have been administered; and
(iii) details of any representations that the officer may have made in reply to such warnings;
(b)

the Inspector-General, Deputy Inspector-General, Director of Criminal Investigations or County Commander as the case may be, may at his discretion, notify the officer in writing of the grounds upon which it is proposed to remove him from the Service with a copy to the Commission, and shall invite him to submit his representations within the specified and reasonable time; and
(c)

if the Inspector-General, Deputy Inspector-General, Director of Criminal Investigations or County Commander as the case may be, is satisfied, having regard to all reports and representations made in the matter, that it is in the public interest or in the interests of the Service, as the case may be, he may remove the police officer from Service and shall recommend, in writing, the removal of the officer to the Commission.
57.

Right to appeal against removal from the Service.
(1)

Any police officer, who is to be removed from the Service under the provisions of paragraph 52 to 56, may appeal against such removal to the National Police Service Commission.
(2)

Such appeal shall be submitted in writing by the officer, with a copy to the Commission, through the normal police channels within fourteen days after the receipt by the officer of the notification of his removal.
58.

Desertion.
(1)

Section 94 (1) of the National Police Service Act (Cap. 84) provides that any police officer, who is absent without leave, or who overstays any period of leave, for more than 10 days shall, unless the contrary is proved, be deemed to have deserted from the Service.
(2)

Where a police officer deserts service, the respective Service Headquarters or Directorate shall be notified immediately, a case file shall be opened and a warrant of arrest obtained. Full particulars, including the case file number shall be forwarded to Directorate of Criminal Investigation Headquarters for publication in the Police Gazette.
(3)

If at the expiry of 30 days of absence the deserter has not been arrested—

(a)

a further report, together with his records of service for disposal, shall be submitted to respective Service Headquarters or Directorate and shall contain details of action taken to trace him;
(b)

The deserter shall be struck off strength, but the relevant entry in the Police Gazette shall not be cancelled and no matter the outcome of the court case, the officer shall not be eligible for reinstatement into the respective Service; and
(c)

Where a period of three months has elapsed from the date when the officer first absented and if he has not been arrested, the warrant shall be transferred to the Register of Wanted Persons and further inquiries shall be conducted in accordance with the instructions for keeping that record.
(4)

If it may be assumed that a member of the National Police Service who returns to his station, even after being treated as a deserter, did not have the intention of deserting, in such cases, disciplinary action for being absent without leave shall be instituted.
(5)

A presumed deserter who reports to any other police County or formation that he intends to return to his station shall be ordered to return to that station, if necessary, under escort and on arrival, he shall be dealt with disciplinarily.
(6)

Any court proceedings in regard to the previous presumed desertion should be withdrawn forthwith.

59. Deserter.
(1)

A police officer is declared to be a deserter after intentionally being away from duty for ten days.
(2)

A police officer shall be struck off strength after a period of thirty days.
(3)

After ninety days, the police officer shall be entered in the Register of wanted persons.
(4)

Where a police officer returns to his station even after being treated as a deserter disciplinary action for being absent without leave shall be instituted.
(5)

Where a presumed deserter reports to any other police formation and indicates that he intends to return to his station, he shall be ordered to return to that station, if necessary, under escort. On arrival he will be dealt with disciplinarily.

60. Membership by police of associations and clubs.
(1)

No police officer may join or be associated with any organization or movement of a political character, nor may he remain or become a member of any association or society, except one whose activities are exclusively professional, sporting, recreational, educational, artistic, and social or as per Part IX of the National Police Service Act (Cap. 84).
(2)

If any uncertainty exists as to whether any organization is of a political character, the matter should be referred to the Inspector-General for determination.
(3)

Nothing in this paragraph precludes a police officer from registering as a voter or recording his or her vote at an election.

61. Prohibition against membership of trade unions.
(1)

Attention is drawn to PART IX of the National Police Service Act (Cap. 84) which provides that it shall be unlawful for any police officer to be or to become a member of a trade union or anybody or association the object, or one of the objects, of which is to control or influence conditions of employment in any trade or profession or to control or influence the pay, pensions or conditions of service of the National Police Service.
(2)

The provisions of Part IX of the National Police Service Act (Cap. 84) shall not apply to membership of the Kenya Police Representative Association, as established by the Police Regulations, nor to membership of the Police Council.

62. Prohibition against engaging in trade.
(1)

No police officer, other than a Reserve Police Officer or a Special Police Officer, shall engage in any trade, business or employment, outside the scope of his duties as a police officer of the Service if the trade, business or employment is in conflict of interest with the performance of the police officer’s duties.
(2)

A police officer who intends to engage in other forms of employment or business shall apply for and obtain approval from the National Police Service Commission.

63. Drinking when in uniform. No. 4 of 2010

Subject to the section 35 of the Alcoholic Drinks Control Act, (No. 4 of 2010) any person who knowingly sells, supplies or offers an alcoholic drink to an authorized officer or to a police officer in uniform or who harbors or suffers to remain on licensed premises, such police officer except for the purpose of keeping or restoring order or otherwise in the execution of his or her duty, commits an offence and upon conviction is liable to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding three months, or both.

64. Smoking in uniform.

A police officer shall not smoke while actively engaged on duty in any public place.

65. Confidentiality of information.
(1)

All information received by a police officer in his or her official capacity shall be treated as secret, except from his superiors and, when necessary, other members of the Service.
(2)

All ranks of the National Police Service shall not discuss, save with other members of the Service concerned therewith, any matter or information, whether confidential or otherwise, that has come to their knowledge in the course of their police duty.
(3)

Particulars of, or matters relating to, Police cases or inquiries past or present, or to persons connected with such, shall always be regarded as confidential and shall neither be divulged nor discussed save as necessary in the course of police duty.
(4)

Any officer who, without proper authority, discloses or conveys any information concerning any investigation or other police matter commits an offence against discipline as provided for under part (w) of the Eighth schedule of the National Police Service Act (Cap. 84).
(5)

Disclosing to members of the public concerning matters of police duty or the National Police Service shall be avoided.

66. Travelling on duty.
(1)

A Police Officer who travels to another County or Sub-County may inform the nearest police station or any Administration Police Formation of their arrival and departure.
(2)

Such reports shall be recorded in the Occurrence Book.

67. Pecuniary embarrassment.
(1)

Serious pecuniary embarrassment, from whatever cause, shall be regarded as necessarily impairing the efficiency of an officer and rendering him or her liable to disciplinary proceedings.
(2)

Pecuniary embarrassment, involved both in lending and borrowing money usuriously, shall be regarded as an offence affecting both the respectability of the Service and the trustworthiness of the individual and may be held to be a bar to promotion or increment. Attention is drawn to Section 4 of the Money Lenders Act, Cap 582 Laws of Kenya. The mere fact under whatever plea of an officer becoming a party to accommodation bills or promissory notes whether for another person will be regarded in the same light.
(3)

It is the policy of the Service to give an officer who is in debt every possible opportunity to extricate him/herself from the for financial embarrassment but there must be a limit beyond which an officer cannot be retained in the service in which case h/she just be retired in the public interest; in certain circumstances it may be necessary to consider removal.
(4)

County commander will ensure that the attention of any officer who has become a judgement debtor is drawn to the provisions of paragraph (66)(i) above. He should be informed in writing that the government take a very serious view of his or her indebtness, and that he or she has surrendered him/herself liable to disciplinary proceedings which could result in his or her removal from the service if a determined effort is not made by him/her to improve him/herself position and free himself or herself from debt.
(5)

When an officer is seriously indebted to a period of more than three months’ salary, consideration will be given to his or her removal from the Service and hisor her case will be thoroughly investigated by his or her county formation commander or senior officer appointed by himor her and he/she will be called upon to state his or her case in person. If as a result of the investigation, it appears likely that the officers can set his or her affairs straight, he or she should be given an opportunity to do so, and a letter will be addressed to him warning that any oral undertakings given by him or her must be carried out. He will be informed that in addition, if he or she does not reduce his or her debts in accordance with the undertakings given by him or her or if he incurs fresh debts, disciplinary action will be instructed to submit signed monthly reports to his county or formation commander, as the case may be showing exactly and in detail the state of his/her finances, including the amount which have been liquidated during the month previous to the date on which the report is submitted.

Reports will be submitted under the following headlines;

Full and True reports of debts as at ………………………...................……………

Creditors last statement……………............ Now due……….................………Increase

Decrease

Date Amount Date Amount

The sub-county commander will forward such reports to the county

commander with his/her names
(6)

It is the responsibility of the County commander to advice the Service headquarter—

(a)

of the judgment’s debtor financial state on receipt of a notification that he or she has become a judgments debtor;
(b)

every month thereafter, of the progress the judgement debtor is making in the liquidation of his/debts;
(c)

whenever a judgement debtor’s financial the deteriorates or he/she I charged and convicted, the orderly room or before a magistrate of an offence with his/her indebtness; and
(d)

if his or her removal from the service on an account of debt appears desirable.
(7)

Upon receipt of information that an officer has become a judgment debtor, disciplinary proceedings shall be instituted against the police officer in accordance with the 8th schedule of the National Police Service Act (Cap. 84).

68. Bankruptcy.
(1)

Subject to Regulation G. 22 of the code of regulations, the registrar of the high court shall report to the Inspector General every case in which proceedings are taken against a police officer in bankruptcy or where a police officer becomes a judgement debtor.
(2)

Upon receipt of information that a police officer has become a judgement debtor, disciplinary proceedings shall be instituted against the police officer in accordance with the 8th schedule of the National Police Service Act (Cap. 84).

69. Discharge of debts.
(1)

Every member of the service who incurs a debt which remains outstanding for a period of more than three months may be ordered to discharge the debt at a rate and in a manner which may be officially directed.
(2)

Such an order may be given by the Inspector-General in the case of Gazetted Officers and inspectors, or by the Inspector-General or County Police Officer in respect of junior officers. Before issuing such an order the senior officer should satisfy himself or herself that the debt exists and that it is in the category specified in subparagraph 64 below.

70. Financial Disability.

For the purpose of discipline, a police officer shall be deemed to be financially disabled if―

(a)

the total of his or her unsecured debts and liabilities exceeds the amount of his emoluments for three months;
(b)

he or she owes a debt for which payment has been requested for a period of more than three months;
(c)

he or she is a judgment debtor, until the debt is settled; or
(d)

he or she is bankrupt, until his or her discharge assignee has been satisfied.

71. Reporting of debts.

Any member of the National Police Service whose debts amount to pecuniary embarrassment in the terms of the preceding paragraph shall forthwith report the matter under confidential cover to his commanding officer, or in the case of a Gazetted Officer, to his Formation or County commander. If such indebtedness is the result of unavoidable misfortune, advice and if possible assistance shall be given.

72. History of indebtedness.

A recent history of indebtedness shall render an officer ineligible for further advancement in the Service.

73. Debts which need not be reported.
(1)

The following forms of debt shall not be considered those requiring remedial action, and need not be reported―

(a)

sums borrowed on the security of land charged or mortgaged, provided that the holding of the land has been duly reported and that the total amount due does not exceed the value of the land;
(b)

sums borrowed on security of bonds and shares, as provided for in Section 11(a) of the Banking Act.
(c)

bank overdrafts;
(d)

sums borrowed from insurance companies on the security of policies; or
(e)

sums borrowed from co-operative societies if repayments are not overdue.
(2)

All enquiries against discipline should be conducted expeditiously and in conformity with the Article 47 of the Constitution and the Commission Regulations. The case should be concluded within three months.

Officer empowered to inquire into offence and or toaward punishment

Officer alleged tohave committedoffence.

Punishment that may be awarded.

Appellate authority byand/or which appealsshall be first considered.

Officer empoweredto inquire by theNPSC

Any police officerbelow the rank ofA.S.P.

Dismissal Stoppage,withholding ordeferment of salaryincrementsReprimand.

National Police Servicecommission

AIG

Any member of theInspectorate.

Fine not exceedingone third of theofficers salary,Reprimand.

Officer senior in rankto officer imposingpunishment.

Any subordinateofficer.

Dismissal. Reductionin rank. Stoppage,withholding ordeferment of salaryincrements. Fine notexceeding one third ofthe officer’s salary.Extra duties.Reprimand.

SSP

Any member of theInspectorate.

Fine not exceedingone third of theofficer’s salaryReprimand.

Officer senior in rankto officer imposingpunishment.

Any subordinateofficer.

Reduction in rankstoppage withholdingor deferment of salaryincrements. Fine notexceeding one third ofthe officer’s salary.Extra dutiesReprimand.

SP

Chief Inspector

Fine not exceedingseven days’ salaryReprimand.

Officer senior in rankto officer imposingpunishment.

Officer designatedas such by theNPSC

Any inspector otherthan a chiefInspector.

Fine not exceedingseven days’ salaryReprimand.

Officer senior in rankto officer imposingpunishment.

Any subordinateofficer

Fine not exceedingseven days’ salaryReprimand.

CIP

Inspector

Fine not exceedingfour days’ salaryReprimand.

Officer senior in rankto officer imposingpunishment.

Officer of orabove the rank ofInspector

Any subordinateofficer.

Fine not exceedingfour days’ salary.Seven extra dutiesReprimand.

*An “extra duty” is a period not exceeding four hours during which time the defaulter may be required to perform drill parades, kit inspections, any other training or duties, or fatigues

Trials in absentia

Presiding officers are reminded that in case held under paragraph 24 (1) punishment may only be awarded by the County Commander or the respective Deputy Inspector General as the need may be.

Whereas a charge of having committed a disciplinary offence has been preferred before me against No....... Rank............Name ............. Station................. and whereas I have directed that an inquiry be held at ......... on the ......... day of .............., 20........, at...............o'clock in the ............ noon.

Now, in exercise of the powers conferred upon me by section 33 of the National Police Service Act (Cap. 84), I do hereby summon and require you ….……………………to attend as a witness at the said place ...............……………………….and bring with you the documents hereinafter mentioned, viz.…………............................................................……………

Given under my hand at .......... on the .....................day of .............................., 20

D.R. No......................

No............... Rank ............. Name ................

TAKE NOTICE that it is proposed to hold an inquiry into an offence against discipline alleged to have been committed by you, in that:-

On the ...…...... day of ………............., 20 ….............

at about ............... a.m./p.m. at ................…….........

you did ..........................………………......................…..……...

..............................................…………………..…...............

1.

This is an offence contrary to Section 88 of the (Cap. 84) as read with eighth schedule of the National Police Service Act (Cap. 84).
2.

The inquiry shall commence at .......... a.m./p.m. on the...................... day of .............., 20 ......... before............, Presiding Officer, at ......... Police Station/AP Formation.
3.

You shall let me know by .......... a.m./p.m. on the .........day of ..........., 20 ......... if you wish to be assisted in your defense. You shall also let me know at the same time if you wish to call any witness to give evidence on your behalf.

.................................

Handing-over Officer
1.

I certify that I received this notice from ....................on the ..........day

of.............., 20..............at....... a.m./p.m.
2.

I do/do not wish to be defended.

Accused ..........................................

Date ..............................................

Time..............................................

Ref............................... Date ............................

Addressee.

Appeal to .......………..................................................against punishment of

..................................…………...by No............ Rank............... Name

....................……………………………………

1.

PARTICULARS OF APPELLANT;

(a)

No, Rank and Name ....................................
(b)

Age ….......................................................
(c)

Station at ....................................................
2.

SERVICE RECORD OF APPELLANT;

(a)

Enlisted on .................................................
(b)

Promotion ..................................................
(c)

Terms of Service (pensionable or Otherwise)........
(d)

Commendations/Awards..................................
(e)

Previous Disciplinary Offences:

Date……… Nature of Offence ……………. Punishment……………..

(f)

Criminal Convictions:

Date …………. Offence……………. Punishment…………….

(g)

Warning letters...........…................................
3.

ACTION AGAINST WHICH APPEAL IS LODGED:
4.

CIRCUMSTANCES OF CASE:
5.

THE APPEAL AND COMMENTS THEREON:

Appeal Comments
6.

RECOMMENDATIONS:

Signed.........................................

Presiding Officer
CHAPTER 31 – DRESS CODE REGULATIONS
1.

Office of the Inspector-General

A police officer deployed at the office of the Inspector-General shall wear an arm patch with the National Police Service Colours with superimposed National Police Service crest on the right arm and shall retain the dress code of his respective Service.
2.

Order of dress, badges of rank Insignia

The Insignia, badges of ranks, scale of issue of clothing and equipment, the orders of dress, and the makeup and description of dress in use in the National Police Service shall be as provided in these Regulations.
3.

Uniformity of dress

A police officer assembled in any place or at any function shall be dressed in accordance with the order of dress applicable to the function.
4.

Uniform not to be worn on leave

A police officer shall not wear police uniform when on leave, except with the express permission of the Inspector-General or when required to—

(a)

attend ceremonial functions;
(b)

attend court matters; or
(c)

attend a promotional board.
5.

Wearing of uniform with articles of civilian clothing
(1)

A police officer shall not wear police uniform with any visible article of civilian clothing or anything that is not part of the police uniform.
(2)

Pens, pencils and similar articles shall not be visible when carried in the pockets of the police uniform.
6.

Wearing of uniform by officers after retirement

A retired gazetted officer may apply to the Inspector-General, for permission to wear on ceremonial functions, the uniform appropriate to the substantive rank he or she held at the time of his or her retirement.
7.

Dress when attending court

When a police officer is called upon to attend court matters, he or she shall—

(a)

in case of a male police officer giving evidence, the police officer shall enter the witness box bareheaded unless his religion demands the wearing of head-dress either permanently or for the taking of the oath;
(b)

in case of a uniformed female police officer giving evidence in court, she shall wear her cap; and
(c)

in case of plain clothes police officers attending court, such police officers shall be neatly and properly dressed and in a collar and a tie.
8.

Overalls
(1)

A police officer of a technical unit shall, when on duty, not wear their official overalls in public including when driving police vehicles.
(2)

Official overalls may be worn when working on installations or during inspections of vehicles.
9.

Traffic personnel

All police officers engaged solely on traffic duties shall—

(a)

wear white cover caps and reflective jackets;
(b)

when riding motorcycles, wear white crash helmets and white-backed gloves;
(c)

in case of police officers to whom the wearing of a turban is appropriate, wear a white turban instead of white cover caps; and
(d)

in case of police officers of subordinate ranks when engaged solely on traffic duties, wear full-length white armlets.
10.

Badges
(1)

Police officers shall only wear the badges of rank, proficiency and other insignia and decorations to which they are entitled, and in accordance with these Service Standing Orders.
(2)

Badges of rank shall not be worn on waterproof coats.
11.

Badges when acting in senior ranks

A police officer acting in a rank senior post to their substantive rank shall wear the badges of the substantive rank in which they are acting, except that a Gazetted Officer acting in a rank requiring a cap, badge or lanyard of different pattern or color to that of the officer’s substantive rank, shall continue to wear the cap, badge or lanyard appropriate to the officer’s substantive rank.
12.

Sword knots

Every police officer wearing swords shall tie a sword knots.
13.

Uniform and equipment sergeants

Every police officer of the rank of Sergeant or Senior Sergeant at the Formation, Unit and Component shall wear the uniform and badges of rank as described in these Service Standing Orders.
14.

Sash

The Senior non-commissioned officer at a police premise with an establishment of thirty junior officers or more shall wear a sash (Blue/Red/Maroon) over the right shoulder, crossing the body over the belt, with the tassel on the left side.
15.

Sergeant’s stick.
(1)

Senior Sergeants non-commissioned officer as in paragraphs (14) and (15), shall carry a stick as supplied by “Quarter Masters” Stores.
(2)

The stick shall be on charge to the Sub-County or station concerned.
16.

Mourning Band.

Gazetted officers and Chief Inspectors shall wear a black crepe band measuring 5 1/2 centimeters wide, on the left sleeve of the uniform mid-way between the shoulder and the elbow on functions when State mourning is ordered and when attending funerals.
17.

Return of police uniform and equipment in general.
(1)

A police officer who ceases to be employed by the Service shall immediately return the police uniform and equipment issued to him or her to the Service stores.
(2)

It is an offence against discipline to sell, pawn or dispose of any article of police uniform or equipment to any person.
(3)

An article of the police uniform shall not be loaned to any person not being a member of the service, without the permission of the Inspector-General.
(4)

Any damage or loss of any item, police uniform or equipment issued shall be the subject of an immediate inquiry and, if necessary, action shall be taken under regulation 1(q) section 88 of the Police Regulations, and section 92 of the National Police Service Act (Cap. 84).
(5)

A loss of Certificate of Appointment shall be prepared after thorough investigation and the completed inquiry file, which includes the certificate shall be submitted to the County or Formation Commander for further instructions.
18.

Uniform to be checked on transfer

Junior Officers proceeding on transfer shall take with them their full issue of police uniform and equipment, which shall be checked prior to departure by the Officer-in-Charge of the formation or other officer of or above the rank of Inspector nominated by him or her and be issued with a kit check certificate.
19.

Withdrawal of uniform prior to discharge
(1)

Officers-in-Charge of formations shall ensure that all items of police uniform and equipment issued to discharged junior officers are withdrawn prior to departure.
(2)

Police uniforms of all junior officers in hospital or on leave shall be withdrawn, cleaned and stored and shall be examined regularly.
20.

Police uniform maintenance allowance

An annual police uniform allowance shall be paid to all officers to allow them to maintain the police uniforms according to their rank.
21.

Plain clothes general
(1)

Police officers other than those attached to Directorate of Criminal Investigations, Internal Affairs Unit, V.I.P protection sections and Crime Branches, shall wear uniform when on duty.
(2)

The Officer-in-Charge of a formation may direct that plain clothes be worn in the performance of any specific duty, when circumstances require it.
(3)

Subject to paragraph (2) plain clothes shall be worn by personnel escorting non-criminal mental patients.
(4)

A police officer appearing in court as an accused shall wear civilian clothes.
22.

Plain Clothes Allowance

The Service shall provide-

(a)

plain clothes allowance for pregnant police officers on making an application to wear civilian clothing; or
(b)

issue uniform maternity dresses to the pregnant officer.
23.

Uniform General

The following instructions, with regard to the fitting, wearing and upkeep of police uniform and equipment shall be adhered to at all times—

(a)

badges of rank shall be affixed to the shoulder straps with wire pins or rings;
(b)

bayonet and scabbard shall be worn on the belt behind the left hip;
(c)

belts shall be worn fitting tightly round the waist and horizontally—
(i)

police officers in police uniform shall tie the belt through the retaining straps of the trousers; and
(ii)

junior police officers’ belts shall be adjusted to the same number of holes on either side of the buckle;
(d)

chevrons and cloth badges with dome fasteners shall be correctly aligned and sewn on the cloth with a black thread;
(e)

collar badges shall be worn upright on the centre of the upper part of the collar with the lion facing inward;
(f)

water proof coats and car coats shall be worn with the collars not turned up in wet or cold weather except in heavy rain and waterproofs coats shall not be worn on fatigue duty;
(g)

head-dressing shall be guided by the following—
(i)

all types of head-dress shall be worn straight, with the exception of the beret;
(ii)

head-dress shall be worn when driving or travelling in vehicles while wearing police uniform;
(iii)

chin straps shall be worn under the point of the chin when on mounted duty during the service drill competition, and the passing out parade;
(iv)

the beret shall be worn with the bow placed at the centre back of the leather band passing horizontally three (3) centimeters above the eyes and the slack of the beret shall then be pulled down over the right side of the head; and
(v)

police officers wearing a turban shall wear the service badges in the centre front, with the inverted “V” of the turban at the center;
(h)

jerseys and pullovers shall be worn for night duty in cold weather and in the colder Sub-Counties and—
(i)

the lower edges of the jersey or pullover shall be tucked in the trousers;
(ii)

sleeves shall reach to the wrist joint;
(iii)

any holes shall be mended as soon as they occur, and for this purpose, an old jersey or pullover shall be retained at formations and unravelled wool be used for mending; and
(iv)

female police officers shall wear jerseys or pullovers made to fit with belts on top.
(i)

khaki, white or navy-blue shirts worn with an insignia and badges of rank and shirts shall be worn tucked into the top of the trousers or skirts and pulled down well, navy blue and white shirts shall be worn with the three centimetres turn-up on the sleeves suitably pressed;
(j)

the whistle lanyard worn by police officers, shall be attached directly to the whistle or a metal hook in the case of lanyard in police colors.
(i)

the slip knot of the lanyard shall be worn under the left arm, the double lanyard and whistle being carried over the left shoulder through the looped end of lanyard and under the slip knot, round the left breast pocket with the whistle placed in the whistle pocket.
(ii)

when a jersey or pullover is worn, the whistle shall remain on the shirt;
(iii)

junior female police officers shall wear the lanyard in the same manner as provided in h (i).
(k)

a machete and a scabbard shall be worn on the belt behind the right hip with the cutting edge facing the rear.
(l)

medal brooches and ribbons when worn—

(i) on the khaki tunic shirts, shall be placed centrally on the left breast immediately above the pocket flaps; and
(ii) medal ribbons shall not be worn on a jersey or pullover;
(m)

carrying of swagger canes by officers in command position;
(n)

junior police officers when in uniform shall not carry any stick or club or any other similar item other than the regulation baton or the Service Swagger cane; and
(o)

tunics shall be cut to the knuckle of the thumb, when in the position of attention.
24.

Hair
(1)

Police officers shall maintain neat and well-kept hair.
(2)

Male officers shall maintain a clean-shaven face and close shaved hair.
(3)

Female officers shall style their hair so it does not extend beyond the collar of the blouse.
(4)

Hair shall not interfere with wearing of all official headgear and may not fall over the ears or on the forehead below the headband.
(5)

Hair shall not be dyed in conspicuously unnatural colours and where accessories are used to secure the hair, they shall be plain in design and of a color that blends with the hair.
25.

Make-up
(1)

Make up shall be subtle, discreet and only natural and clear nail polish may be used.
(2)

Nail extensions shall not be permitted.
(3)

Tattoos shall not be visible and must be covered.
26.

Minor adjustments to police uniform
(1)

When articles of police uniform and equipment are first issued, the issuing officers shall ensure that they are properly fitted and minor adjustments may be carried out locally when necessary and charges debited to “Repairs to Uniforms Vote”.
(2)

Each County or Formation Commander shall be allocated annually a sum of money for this purpose, which shall not be increased without prior authority from the Deputy Inspectors-General.
27.

Turn-out to be smart and correct
(1)

Senior police officers shall set an example to junior police officers by ensuring that their own turn-out is impeccable.
(2)

The provisions of these Service Standing Orders and of the Police Regulations shall be strictly enforced to ensure a smart and correct turn-out by all police officers.
28.

Police officers in college
(1)

Police officers attending courses at the college shall be in possession of a full scale kit and equipment prior to departure from the police stations and other formations.
(2)

The kit and equipment of police officers undertaking a course shall be checked by a police officer of or above the rank of Inspector and a certificate shall be submitted to the commandant by the Sub-County Commander.

1. The Kenya Police Service badge consists of the “Harambee Shield" and crossed spears, surrounded by a circle bearing the words ‘Utumishi Kwa Wote” with a scroll inscribed “Kenya Police Service” below the circle as provided in diagram 31 A.

Diagram 31 A

2. The Police Collar badge is a lion rampant below which is a scroll inscribed Kenya Police Service. It shall be worn on a background of dark blue cloth which shall be shaped to the outline of the badge.

3. Service numerals and name tags shall be worn by officers on their dress as follows—

(a)

Medium blue tunic, Jacket or shirt over the centre of the right breast pocket; and
(b)

Medium blue jersey pullover worn on the right hand side in a position equivalent to the centre of the right hand breast pocket.

4. The following Service badges of proficiency shall be worn as described below.

Service best shot

(a)

Service best shot-crossed rifles in gold wire on dark blue cloth Service best background, and shall be awarded annually to a junior officer who is the best shot in the Service and shall be worn for a period of one year only.

Marksman

(b)

Marksman-Rifle crossed in red wool on dark blue cloth background shall be awarded annually to a junior officer who qualifies for such, in then annual range (Rifle) and worn for a period of one year only.

NOTES:-

(a)

With the Medium Blue shirts and medium blue jersey, musketry Badges are worn with the lowest point 20112 centimetres above the cuff.
(b)

Musketry badges are not worn with the medium blue shirt and Angola shirts. Not more than one musketry badges may be worn at the same standard; the badge of the highest award shall be worn.

First Aid Badges

(c)

Saint John Ambulance Association: the Saint John Ambulance Association badges awarded to officers of or below the rank of Chief Inspector shall be worn on the left sleeve at a distance of fifteen centimetres below the point of the shoulder. The Badges shall be issued as follows—

(i) Lay Lecturers badges-issued from St. John House to officers who have qualified by examination and who have been granted certificates to act as Lay Lecturers;
(ii) Saint John Ambulance Association badge of chrome issued from police stores to officers who have passed the Adult First Aid Examination;
(iii) Saint John Ambulance Brigade Badge-black and white cloth, issued from police Stores to officers who have passed the preliminary First Aid Examination;
(d)

bandsman—white metal lyre worn only by members of the Band, worn on right upper arm with the lowest edge five centimetres from the joint of the shoulder;
(e)

drummer—white metal drum on dark blue cloth back ground, worn on the right upper arm with the lowest edge 7 1/2 centimetres from the Joint of the shoulder;
(f)

bugler—red woollen bugles on dark blue cloth background, worn only by buglers. Worn on the right upper arm with the lowest edge 7 1/2 cm from the point of the shoulder;
(g)

communications—metal lighting flash, worn by junior officers (operators) on the right upper arm, the lowest point 5 cm from the point of the shoulder.

5. A red lanyard shall be worn in place of the normal blue or khaki lanyard by junior officers who have been awarded the special stick as Best-all-round officer of their squad at the National Police Colleges.

The merit badge consists of a silver plated lion surrounded by a circle and laurel wreath and in the circle are the words, “National Police Service” with a scroll inscribed “For Merit” below the circle to be worn by junior officers of the Service who have been awarded this badge under Chapter 50 paragraph 11 of these Service Standing Orders. The badge shall be worn as described in the said chapter.

(a)

Gazetted officer and Inspectorate (men) on enlistment and junior officers on promotion to the Inspectorate;

Clothing and Badges

Badges, Cap………………………….........................

1

Badges, Collar………………………………………..

1 pair

Boots, black leather……………………………….. .

1 pair

Buckle, Belt………………………………………….

1

Buttons Tunic small....………………………………

6(4) inspectorate

Button, Tunic Medium………………………………

6 with support rings

Buttons Tunic, large…………………………………

4

Cap, peaked blue……………………………………

1

Coat, water proof/blue ……………………………..

1

Medium Blue material 14 1/4 metres sufficient for 3 pairs of trousers, Tunic and shirt, 3 1/2 metres midnight blue material sufficient for 1 Tunic long sleeves. 1 pair trousers.

Lanyard, blue woolen……………………………....

2

Shirts, white poplin………………………………...

2

Shoes black leather………………………………...

2 pairs

Tie police crested………………………………….

1

whistle, metropolitan……………………………....

1

Turban (where applicable)………………………...

1

Baton, metropolitan………………………………..

1

Belt sam browne …………………………………..

1

College notes………………………………………

1

Certificate of Appointment………………………..

1

Instruction on use of Force in Civil Disturbance …

1 book

"Q" Stores Accounting detailed instructions pamphlet...........................

1

Kit bag…………………………..…………………

1

Pamphlet, Riot drill Training………………………

1

Police note book…………………………………...

1

In addition to the above the following items are issued

(b)

Inspectorate:

Badges, shoulder …………………………..........

2 pairs (with sufficient split pins for securing the badges)

Ag IP…………………………………………........

2 stars

Inspector…………………………………………

4 stars

Chief Inspector …………………………………

6 stars
(c)

Gazetted officers and Inspectorate on first posting to Operation Areas/Formation:

Anklets web……………………………………......

1 pair

Belt, web pattern 58 pattern ………………………

1

Bottler water 58 pattern……………………………

1

Beret blue…………………………………………..

1

Hat, JG……………………………………………...

1

Smock camouflage…………………………………

1

Shirts, khaki Angola………………………………

2

Trousers J G 58 pattern……………………………

2 pair

Haversack 58 pattern………………………………

1

Lanyard Khaki corded……………………………

1

Notes - Prior authority for making charges in respect of trousers and tunics shall be obtained from S.Q.M who shall meet the cost on submission of approved claims.

(i) . items marked with an asterisk (*) shall be withdrawn on termination of appointment from the force; and
(ii) . gazetted officers and members of the Inspectorate shall meet the cost of replacing the above items from their Uniform Allowance).

CLOTHING

Badges shoulder pairs………………………….....

1

Badges Cap …………………………………........

1

Badges collar pairs……………………………….

1

Buckle, belt ………………………………………

1

Button tunic large………………………………

3

Buttons tunic medium……………...…………….

7

Buttons tunic small ………………………………

4

Cap peaked blue………………………...………..

1

Car coats blue…………………………………….

1

Epaulettes pairs…………………………………..

1

Corded Lanyard, dark blue ………………………

1

Pin split…………………………………………...

6

Rings button……………………………………...

14

Lanyard Force colours …………………………...

4

Shirts while poplin……………………………......

4

Shoes black pairs ………………………………...

2

Stockings, black nylon, pairs……………………..

2

Stars, Military pattern ……………………………

4

Tie crested………………………………………..

1

Tuflic, dark blue serge light weight………………

1

‘Whistle…………………………………………..

1

Cloth blue serge ……………………………….....

31/2

Cloth blue lane

3 metres

EQUIPMENT

Belt Sam Browne, complete with cross strap…….

1

College notes……………………………………..

1

Certificate of appointment……………………......

1

Bag, Kit ……………………………………….....

1

Handbag leather blue ………………………….....

1

Instructions on use of Force in Civil disturbance... ...................................

1

Pamphlet Anti Riot drill Training……………......

1

Police note Book ………………………………...

1

Q Stores Accounting instruction pamphlet………

1

CLOTHING AND BADGES

Badges hat…………………………

1

10 years

Shoulder flashes pairs……………………

1

1 year

Belt leather black …………………………

1

4 years

Belt table Service colour………………

1

2 years

Boots ankle……………

1

2 years

Buckle Belt S .0. for leather belt . ...................

1

10 years

Force colour ………………………

1

10 years

Buttons Tunic large…………………

4

10 years

Buttons Tunic medium…………

7

10 years

Caps peaked……………

1

2 years

Covers cap peaked…........

1

2 years