Addition information on the Bill
- Bill status: Undergoing internal review & stakeholder consultations
- THE_NATIONAL_POLICE_SERVICE_AMENDMENT_BILL_2013.pdf (1529 Downloads)
=MollaDitMut Sunday, 08 December 2013 23:56 Comment Link
Oh my goodness! Incredible article dude! Thank you, However I am encountering difficulties with your RSS. I donfree turbotax Tuesday, 26 November 2013 04:37 Comment Link
This is a topic that is close to my heart... Many thanks! Where are your contact details though?how alcohol affects the brain Tuesday, 26 November 2013 00:37 Comment Link
How can the government make such backward proposals to amend the Act? This is a dangerous move. What more powers does the IG need? what does he need the powers for? what has he done with the powers he has? If there are officers who are not taking commands from him why can't he sack them or demote them as part of the National Police Service Commission? When common sense ceases to be common to all, then vested interests have taken over!Zablon Ontiri Thursday, 04 July 2013 09:08 Comment Link
I am a security consultant and do not support the amendments, purely from a legal and practical point of view. Most comments are respectful made in ignorance of the the provisions of the constitution as established. We need to look at articles 259, 2(1) (2) (5), 3, 10, 239 & 245. but before we do this let me establish the background to this problem which begins with the repealed constitution section 86(2). This section allowed members of the disciplined forces to only three rights in the bill of rights, i.e. the right to life, section 71, right to slavery section 73 and right to inhuman treatment section 74. Under this regime members were thus denied their rights, which have now been reinstated in the new constitution of Kenya 2010.Supremacy of this ConstitutionRobert Kibisu Tuesday, 02 July 2013 06:05 Comment Link
2. (1) This Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government.
(2) No person may claim or exercise State authority except as authorised under this Constitution.
(3) The validity or legality of this Constitution is not subject to challenge by or before any court or other State organ.
(4) Any law, including customary law, that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.
Defence of this Constitution
3. (1) Every person has an obligation to respect, uphold and defend this Constitution.
National values and principles of governance
10. (1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them—
(a) applies or interprets this Constitution;
(b) enacts, applies or interprets any law; or
(c) makes, or implements public policy decisions.
(2) The national values and principles of governance include—
(a) patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people;
(b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised;
(c) good governance, integrity, transparency and accountability; and
(d) sustainable development.
National security organs
239. (1) The national security organs are—
(a) the Kenya Defence Forces;
(b) the National Intelligence Service; and
(c) the National Police Service.
(2) The primary object of the national security organs and security system is to promote and guarantee national security in accordance with the principles mentioned in Article 238 (2).
(3) In performing their functions and exercising their powers, the national security organs and every member of the national security organs shall not—
(a) act in a partisan manner;
(b) further any interest of a political party or cause; or
(c) prejudice a political interest or political cause that is legitimate under this Constitution.
(4) A person shall not establish a military, paramilitary, or similar organisation that purports to promote and guarantee national security, except as provided for by this Constitution or an Act of Parliament.
(5) The national security organs are subordinate to civilian authority.
(6) Parliament shall enact legislation to provide for the functions, organisation and administration of the national security organs.
Establishment of the National Police Service
243. (1) There is established the National Police Service.
(2) The National Police Service consists of—
(a) the Kenya Police Service; and
(b) the Administration Police Service
(3) The National Police Service is a national service and shall function throughout Kenya.
(4) Parliament shall enact legislation to give full effect to this Article.
Command of the National Police Service
245. (1) There is established the office of the Inspector-General of the National
(2) The Inspector-General––
(a) is appointed by the President with the approval of Parliament; and
(b) shall exercise independent command over the National Police Service, and perform any other functions prescribed by national legislation.
(3) The Kenya Police Service and the Administration Police Service shall each be headed by a Deputy Inspector-General appointed by the President in accordance with the recommendation of the National Police Service Commission.
(4) The Cabinet secretary responsible for police services may lawfully give a direction to the Inspector-General with respect to any matter of policy for the Kenya Police Service, but no person may give a direction to the Inspector-General with respect to—
(a) the investigation of any particular offence or offences;
(b) the enforcement of the law against any particular person or persons;
(c) the employment, assignment, promotion, suspension or dismissal of any member of the Kenya Police Service.
(5) Any direction given to the Inspector-General by the Cabinet secretary responsible for police services under clause (3), or any direction given to the Inspector-General by the Director of Public Prosecutions under Article
142 (4), shall be in writing.
(6) The Inspector-General shall be appointed for a single four-year term, and is not eligible for re-appointment.
(7) The Inspector-General may be removed from office by the President only on the grounds of —
(a) serious violation of this Constitution or any other law, including a contravention of Chapter Seven; and
(b) gross misconduct whether in the performance of the office holder’s functions or otherwise;
(c) physical or mental incapacity to perform the functions of office;
(e) bankruptcy; or
(f) any other just cause.
(8) Parliament shall enact legislation to give full effect to this Article.
National Police Service Commission
246. (1) There is established the National Police Service Commission.
(2) The Commission consists of—
(a) the following persons, each appointed by the President—
(i) a person who is qualified to be appointed as a High Court Judge;
(ii) two retired senior police officers; and
(iii) three persons of integrity who have served the public with distinction;
(b) the Inspector-General of the National Police Service; and
(c) both Deputy Inspectors-General of the National Police Service.
(3) The Commission shall—
(a) recruit and appoint persons to hold or act in offices in the service, confirm appointments, and determine promotions and transfers within the National Police Service;
(b) observing due process, exercise disciplinary control over and remove persons holding or acting in offices within the Service; and
(c) perform any other functions prescribed by national legislation.
(4) The composition of the National Police Service shall reflect the regional and ethnic diversity of the people of Kenya.
I have deliberately reproduced the above constitutional articles for ease of reference and the avoidance of doubt. The security organs are surbordinate to civilian authority (article 239(5) ) this is provided through the National Police service Commission where the IGP is a member. Article 10 establishes the Principles of governance that all must apply in performing their duties- transparency, participation of the people in decision making, transparency, accountability, rule of law, human rights, et al This also provided through the National Police service Commission where the IGP is a member. KDF has the same arrangements where the CDF is not above the Defence Council, where he is a member and the Defence Council has a chairman as a civilian and the secretary a civilian also, So what is provided for is not strange in Kenya and it works. The issue of Independence of the IGP is not absolute given that the following may give him directions in writing in the performance of his duties i.e The President, the Attorney General, the DPP and , the Cabinet Secretary in charge of internal security docket. In any case the proposed changes if they are in contravention of the Constitution of Kenya 2010 then they are ultra vires , null and void.
I am a police officerShuray amaka from AP service Sunday, 30 June 2013 07:15 Comment Link
It is my concern that few individual who benefited from the old reign of force , where corruption was the order of the day during recruitment and most promotion where bribe was a must . please don't amend the police bill because it will benefit a few individual, like recently there was a memo saying that we should not communicate with other fellow kenyans ,we should stick to the constitution as it says not on individual who would want to benefit himself . people should respect the rule of law and abide with Constitution of kenya. kenya police have been given ther duties as well as Administration police why do you want to frustrate the spirit of kenyans ,where every person voted for . I object giving more powers and duties to IG, Let everybody do his work proffissionaly not like those early days . Let kavulundi do his work of human resource, people have forgotten the story of wiaganjo's (fake policeman) i know they are very many but have not been caught with the system . Every person should vetted to up hold spirit of professionalism. Ransely report and Waki report should be followed well, were every tribe should be represented . We really want reforms in NPS so that every person should be accountable to his work .my last remarks to CIC chairman why do people want to amend the NPS act and yet the have not implemented it as it stipulates . it is only written and good document to all police officers to work and do their duties spelled out. Everybody should do his work as written in the constitution . BY amending it means we encourage corruption and nepotism at the highest level.
I am a police officerTom from AP service Sunday, 30 June 2013 07:12 Comment Link
It is my concern that few individual who benefited from the old reign of force , where corruption was the order of the day during recruitment and most promotion where bribe was a must . please don't amend the police bill because it will benefit a few individual, like recently there was a memo saying that we should not communicate with other fellow kenyans ,we should stick constitution as it says not on individual who would want to benefit himself . people should respect the rule of law and abide with Constitution of kenya. kenya police have been given ther duties as well as Administration police why do you want to frustrate the spirit of kenyans ,where every person voted for . I object giving more powers and duties to IG, Let everybody do his work proffissionaly not like those early days . Let kavulundi do his work of human resource, people have forgotten the story of wiaganjo's (fake policeman) i know they are very many but have not been caught with the system . Every person should vetted to up hold spirit of professionalism. Ransely report and Waki report should be followed well, were every tribe should be represented . We really want reforms in NPS so that every person should be accountable to his work .my last remarks to CIC chairman why do people want to amend the NPS act and yet the have not implemented it as it stipulates . it is only written and good document to all police officers to work and do their duties spelled out. Everybody should do his work as written in the constitution . BY amending it means we encourage corruption and nepotism at the highest level.
Iam police officer who would like reform to take place , but when you want to all powers under one person , we shall be going back to during those years . where we did not respect the rule of law .eg. promotion was don through corruption . let everybody do his work as stipulated in constitution, not to take scape goat or having another motive might hinder, role of every service was written in the constitution let it remain as it is , if it is amending lets go to the REFERENDUM ,THUS KENYA TO DECIDE TH E FATE NOT FEW INDIVIDUALSGT PETER Saturday, 29 June 2013 10:07 Comment Link
am an ex police officer having worked for police over 7 years at general police at Lamu division and general service unit at GSU I was promoted to rank of copral due to my education and professionalism. I 1997 I resign due frustrations . where there I was posted to Ruiru reccce company as deputy signals officer my immediate boss was a full ssp. due to this gap in rank I felt very uncomfortable so I resigned in 1997munuve musyimi Friday, 28 June 2013 10:36 Comment Link
Am writing this to to inform you how promotion in police force is done through corruption .Now the Inspect general having raised through the rank within police force cant change the the corrupt police system and should never be given a lot of power to run police let the issue of promotion and transfers be under the kavuluni team because the commission will be dealing with professionalism and integrity..LET YOU KNOW MR KIMAIYO IS A PRODUCT AND BENEFICIARY OF THE OLD CORRUPT PROMOTION SYSTEM AND THAT WHY HE IS FIGHTING FOR POWER TO BENEFIT HIS CRONIES .The way he benefited from corrupt tribolistic police system.
I am a police officer, post graduate having served for the last 21 years. In view of the Kenya Constitution the proposed amendments in my view is in bad taste. It is time to redefine SECURITY. Unfortunately, most of the old guards in the government emphasize on STATE SECURITY viz-a-vi HUMAN SECURITY.Leka Lawrence Githinji Wednesday, 26 June 2013 19:34 Comment Link
In other words, everything is ok as long as state officers are well protected and their interest guarded by POLICE who must receive orders from above. How about security for all Kenyans? To me, the Commission is better placed to perform human resource functions of the National Police Service. When this is done, then it will be easy to evaluate performance of the Police Service, whether or not it is serving COMMON interest of Kenyans. TSC for example is managing teachers so well and the Ministry of Education is charged with quality control of education curriculum. The IG and DIG's should remain CEO's and experts of Law and order. NPSC should help us in setting standards for recruitment, training, criteria for promotions and appointments, service delivery tools e.g performance contracting and more so, develop skills inventory for better utilization of human resources. Some officers are under utilized and marginalized because less-skilled feel threatened. Those in training colleges are cronies of high ranking officers while masters and Phd officers are put at the helm of service delivery.
Past experience also confirms Karl Marx belief that absolute power corrupts absolutely. In the present world, authority is vested on institutions and not individuals. Why should Kenya go the opposite direction: centralizing powers to few individuals? at whose interest? Police Service should not be reversed to police force otherwise generations to come will blame us. It is a bitter pill to swallow but its real. It was debated in the past, how Police Force was used by the state to advance political warfare hence diverting from core business of policing. The Commission is in a better position to evaluate strategic direction/performance of its clients who at times are vulnerable to the Executive arm of the government.
Finally, amendments may contravene the Constitution which is the supreme Law of the land. This is because wordings used in NPS Act and NPSC Act are by and large borrowed from the Constitution. Functions of the Commission are well spell in the Constitution. Unless the parliament is given authority to amend the Constitution, amending the Acts may result to constitutional crisis when functions are not well separated. The articles proposed for amendments attract consequential wordings like CONSULT. This phrase by itself anticipates conflict of interest and should not appear in legal statutes. In any case, the IG and DIG's are members of the Commission, an entity characterized by consultation, consensus building and decision making. There is no better forum for CONSULTATION between the NPSC chairman and the 3 Chief executives in the National Police Service. As I write, am fearing that my argument may land me into trouble since the Police Force which seem to regenerate through the proposed amendments has always been deaf and resistant to logical discourse of this nature. The NPSC can be trusted for disciplinary trials unlike when a junior officer is charged by the complainant/prosecutor of the higher rank.
Even when the Service was a Force, still the Public Service Commission had the mandate to promote gazetted officers from the rank of superintendent and above. The irony is, advertisement was done by the public service while application forms were issued by AP and KP heads. Forms were issued selectively opposed to fair competition and equal opportunities. This are the dark ages we don't want to be reminded where merit was replaced by nepotism and cronyism.