County Policing Authorities

8/12/2019 County Policing Authorities

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The National Police Service Act, 2011

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Committee appointed by the Governor, who shallbe the chairperson;

(b)county representatives appointed by the Inspector-General, who shall comprise the heads of the

National Police Service, the National Intelligence

Service and the Directorate of CriminalInvestigations at the county level;

(c) two elected members nominated by the CountyAssembly;

(d)the chairperson of the County Security Committee;(e)at least six other members appointed by the

Governor, from among the following categories ofpersons ordinarily resident in the county

(i) the business sector;(ii) community based organizations;

(iii) women;(iv) persons with special needs;(v) religious organizations; and

(vi) the youth.(2) The members referred to in subsection (1) (e) shall be

recruited through a competitive process by the office employing

public officers in the county.

(3) The names of members nominated under subsection (1)

(e) shall be forwarded to the County Security Committee forvetting and subsequent thereto, the County Assembly for

approval.

(4) In nominating and appointing members under


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

(a)uphold the principle of one third genderrepresentation;(b)ensure geographical representativeness of the

county, and may nominate more than one

representative in respect of each category.

(5) Notwithstanding subsection (1)(e), the membership ofthe County Policing Authority shall be proportional to the

number of constituencies in the County.

(6) In the absence of the chairperson, the members shallelect one of their member to chair the meetings of the County

Policing Authority.

(7) A person shall not be qualified for appointment as a

member under subsection (2), if that person

(a)has violated the Constitution;(b)is adjudged bankrupt;(c) is not of good character or moral standing;(d)has been convicted of a felony; or(e)has not been resident or employed in the county

for a continuous period of not less than three

years.

(7) Members appointed under subsection (1)(e) shall serve

for a term of two years and shall be eligible for reappointment

for one further term.

(8) The Commission in consultation with the Cabinet

Secretary shall issue and publish in the Gazette guidelines to befollowed during the nomination, appointment, removal fromoffice, vacancy of office and filling of vacancy of members of


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the Authority.

(9) The functions of the Authority shall be to

(a)develop proposals on priorities, objectives andtargets for police performance in the county;

(b)monitor trends and patterns of crime in the countyincluding those with a specific impact on womenand children;

(c)promote community policing initiatives in thecounty;

(d)monitor progress and achievement of set targets;(e)provide financial oversight of the budget of the

County police;

(f)provide feedback on performance of the policeservice at the county level county police;

(g)provide a platform through which the publicparticipate on the all aspects to do with county

policy and the national police service at county

level;

(h)facilitate public participation on county policingpolicy;

(i) ensure policing accountability to the public;(j) receive reports from Community Policing Forums

and Committees; and

(k)ensure compliance with the national policingstandards.

(10) Every Authority shall prepare, publicize and submitquarterly reports to the Inspector-General, Cabinet Secretary,

County Assembly and Governor


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

(b)the impediments to the performance of thosefunctions.

(11) The members of the Authority shall in their first

meeting elect one of their own to serve as Secretary to the

Authority.

(12) A person elected as secretary shall be based at the

Governors office and shall not be a police officer.

(13) Nothing in this section shall authorize any Authorityto interfere with

(a) the investigation of any particular offence oroffences;

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

(c) the employment, assignment, promotion,suspension or dismissal of any member of the

Service; or

(d) the operations of the Service.Meetings of the

Authorities.42.(1) Every County Policy Authority shall meet at least

once every three months at a time and venue to be determined

by the Chairperson.

(2) The Cabinet Secretary shall issue policy guidelines on

the conduct of business of the Authority.

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


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Payment ofallowances.

43. Members of the Authority shall be paid suchallowances as may be determined from time to time by the

Cabinet Secretary on the advice of the Salaries and

Remuneration Commission in accordance with rulespublishedin the Gazette.

Funds for CountyPolicing

Authorities.

44. The expenses of the County Policing Authorities shallbe met by the Service.

PART VIIGENERAL FUNCTIONS, POWERS,

OBLIGATIONS AND RIGHTS OF POLICE OFFICERS IN

THE SERVICE

Officer deemed to

be on duty.45. A police officer shall for the purposes of this Act, be

considered to be always on duty when required and shallperform the duties and exercise the powers granted to him

under this Act or any other law at any place in Kenya where he

or she may be deployed.

Rights of police

officers.46.(1) Subject to section 47, a police officer shall be

entitled to all the rights set out in the Constitution.

(2) Working hours of police officers shall be reasonable and

where excessive overtime is required police officers shall be

compensated with commensurate periods of rest, and they shallbe allowed a minimum time of rest during and in between shifts.

Limitation of rightsand fundamental

freedoms of policeofficers.

47.(1) Subject to Article 24, 25 and 35 of the Constitution,the rights and fundamental freedoms of an officer of the Service

may be limited for the purposes, in the manner and to the extent

County Policing Authorities

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Transcript of County Policing Authorities