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Functions of the National Police Service Commission in Kenya

Functions of the National Police Service Commission in Kenya

The major function of the National Police Service Commission in Kenya is to oversee the human resource functions of the National Police Service. The National Police Service Commission (NPSC) is one of the independent commissions established under Chapter Fifteen of the Constitution 2010.

Article 246 of the Constitution establishes the National Police Service Commission. It took over, among other functions, the human resource management function of the Police Service, that previously was being handled by the Public Service Commission.

The Commission is in charge of human resource management of the National Police Service, which comprises the Kenya Police, the Administration Police and the Directorate of Criminal Investigations.

Composition of the National Police Service Commission

The membership or composition of the National Police Service Commission in Kenya consists of (Article 246):

  • 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;
  • the Inspector-General of the National Police Service; and
  • both Deputy Inspectors-General of the National Police Service.

Functions of the National Police Service Commission Kenya

Article 246 (3) of the Kenyan Constitution stipulates the functions of the National Police Service Commission. The Commission should–

  • recruit and appoint persons to hold or act in offices in the National Police Service, confirm appointments, and determine promotions and transfers within the National Police Service;
  • observe due process, exercise disciplinary control over and remove persons holding or acting in offices within the National Police Service; and
  • perform any other functions prescribed by national legislation.

Additional functions of the National Police Service Commission in Kenya are under Section 10 of the National Police Service Commission Act. The Commission should–

  • on the recommendation of the Inspector-General develop and keep under review all matters relating to human resources policies of members of the National Police Service;
  • with the advice of the Salaries and Remuneration Commission, determine the appropriate remuneration and benefits for the National Police Service and staff of the Commission;
  • approve applications for engagement by police officers in trade and other businesses, in accordance with the law relating to matters of leadership and integrity under Article 80 of the Constitution;
  • co-operate with other State agencies, departments or commissions on any matter that the Commission considers necessary;
  • provide for the terms and conditions of service and the procedure for recruitment and disciplinary measures for civilian members of the National Police Service;
  • develop fair and clear disciplinary procedures in accordance with Article 47 of the Constitution;
  • investigate and summon witnesses to assist for the purposes of its investigations;

Provided that—

  • the Commission should not undertake investigations on criminal matters;
  • where, in the course of disciplinary investigations the Commission identifies violation of any written law, whether civil liability or criminal offence, the Commission should recommend the prosecution of the offender in accordance with the law: Provided that disciplinary proceedings by the Commission or the Inspector-General should not be affected by any criminal or civil action commenced above.
  • exercise disciplinary control over persons holding or acting in office in the National Police Service;
  • promote the values and principles referred to in Articles 10 and 232 of the Constitution throughout the National Police Service;
  • hear and determine appeals from members of the National Police Service on disciplinary matters relating to transfers, promotions and appointments;
  • develop policies and provide oversight on training in the National Police Service;
  • approve training curricula and oversee their implementation;
  • investigate, monitor and evaluate and personnel practices of the National Police Service;
  • receive and refer civilian complaints to the Independent Policing Oversight Authority, the Kenya National Commission on Human Rights, the Director of Public Prosecutions or the Ethics and Anti-Corruption Commission, as the case may be, where necessary;
  • review and make recommendations to the national government in respect of conditions of service, code of conduct and qualifications of officers in the National Police Service;
  • evaluate and report to the President and the National Assembly on the extent to which the National Police Service complies with the values and principles referred to in Articles 10 and 232;
  • receive complaints and recommendations from police associations registered in accordance with the applicable law;
  • perform such other functions as are provided for by the Constitution, the National Police Service Commission Act or any written law.

The disciplinary control envisaged under Article 246 of the Constitution should mean—

  • the development and prescription of fair and clear disciplinary procedures in accordance with Article 47 of the Constitution;
  • development, and prescription of disciplinary procedures and mechanisms;
  • monitoring compliance by the Inspector General with the prescribed disciplinary procedures and guidelines issued by the Commission;
  • monitoring compliance with the due process in disciplining members of the National Police Service;
  • receiving regular reports from the Inspector-General on disciplinary matters handled by the National Police Service;
  • reviewing or ratification of disciplinary actions taken by the Inspector General;
  • hearing and determining appeals on disciplinary matters from members of the National Police Service.

Powers of the National Police Service Commission

The Commission should have all the powers necessary for the execution of its functions under the Constitution and the National Police Service Act. The powers of the National Police Service Commission in Kenya are to–

  • gather, by any means it considers appropriate, any information and compel the production of such information as and when necessary;
  • interview persons for purposes of filling vacancies in the National Police Service taking into consideration gender, county and ethnic balancing;
  • manage and safeguard the assets of the Commission;
  • hold disciplinary hearing proceedings for the purposes of performing its functions under the National Police Service Act on matters relating to its mandate as provided for under Article 246 (3) of the Constitution;
  • require the Inspector-General to report on the implementation of the policies and procedures within the mandate on the Commission;
  • conduct investigations on any matters within its mandate;
  • make recommendations to the Government on any matter relating to the National Police Service and report on the action taken by the Government on the recommendation;
  • conduct public inquiries and publish the outcome of such inquiries on matters relating to its mandate as provided for under Article 246 (3) of the Constitution;
  • issue summons to witnesses; and
  • take lawful disciplinary action on any officer under its control.

In the performance of its functions, the Commission should—

  • inform itself in such manner as it thinks fit;
  • receive written or oral statements; and
  • not be bound by the strict rules of evidence.

For more about the National Police Service Commission, see the NPSC Act or visit their website at npsc.go.ke

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About githinji

I love writing content that is insightful and informative. The articles I write have a common #1 goal: Keeping it as simple as possible for users to understand the content.@GithinjiKE

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