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

Coats water proof…………………………….

1

4 years

Identification number ……………………….

1

10 years

Jersey, blue…………………………………..

1

2 years

Lanyard woollen blue………………………..

2

1 year

Pins split for hat badges……………………..

1

10 years

Rings Button…………………………….......

17

5 years

Shirts light blue……………………………....

3

1 year

Shirts white ………………………………….

2

2 years

Trousers Navy Blue …………………………

4

1 year

Socks, woollen Blue…………………………

3

1 year

Ties, cotton black ……………………………

1

1 year

Tunic Navy Blue long sleeves………………

1

2 years

Whistle ………………………………………

1

10 year

Berets blue …………………………………..

1

1 year

EQUIPMENT

Baton, Metropolitan …………………………

1

10 years

Book, pocket note …………………………...

1

1 year

Certificate of appointment …………………..

1

10 years

Manual, police……………………………….

1

10 years

Anti Riot, drill, pamphlet…………………….

1

1 year

In addition to general duty scale, officers on transfer to the operation areas, shall be issued with the following additional items of Kit which shall be withdrawn on being transferred out of these areas:

Anklets, web 58 pattern…………...…..

2 pairs

1 year

Attachments, Brace 58 pattern ………..

1 pair

4 years

Belts, web 58 pattern…………………..

1

2 years

Beret, Blue………………...…………

1

1 year

Braces, Normal 58 pattern …………….

1

2 years

Capes, Poncho …………………………

1

2 years

Hats, JG …………..……………………

1

1 year

Smocks, Camouflage…….……………

1

2 years

Straps, shoulders 58 pattern……………

1 pair

2 years

Trousers, jungle green…………………

3 pairs

1 year

Bags, Kit canvas ………………………

1

2 years

Bottles, water pattern 58 pattern ………

1

5 years

Covers water bottle, 58 pattern………...

1

2 years

Haversacks, 58 pattern…………………

1

4 years

Matchets 38 cm………………………..

1

4 years

Nets, Mosquito …………………….......

1

1 year

Pouches, 58 pattern……………….........

1

2 years

Scabbards Matchet ………………….....

1

4 years

Tins, Mess …………......……………....

1

5 years

Bags sleeping …………………….........

1

2 years

Belt stable blue………………………..

1

2 years

Coat waterproof Khaki ………………... (or fawn coat)

1

1 year

CLOTHING AND BADGES

Anklets, web 58 pattern…………...…..

2

1 year

Badges, hat ……………………………..... ………..

1

10 years

Belt stable blue……………………………

1

2 years

Beret, Maroon………….…………………

1

1 year

Badges, shoulder…………………………

1

10 years

Boot, ankle, Black………………………

2

1 year

Boots, jungle green………………………

1

1 year

Belt, web 58 pattern ……………………..

2

1 year

Backing plates Head Badge ……………...

1 pair

5 years

Braces, web, normal………………………

1 pairs

2 years

Braces, web, attachment 58 pattern ………

1

2 years

Cape, poncho ……………………………

1

5 years

Canvas, shoes brown……………………...

1

2 years

Greatcoat, khaki…………………………..

1

4 years

Hats jungle green……………………….....

1

4 years

Holster 58 pattern………………………....

1

1 year

Jersey, Khaki ……………………………..

1

2 years

Lanyard, Khaki, cotton……………………

1

4 years

Lanyard, blue woollen ……………………

1

5 years

Pouches, basic 58 pattern ………………..

1

2 years

Smocks, camouflage ………………….......

1

2 years

Shirts,/Angola ……………………………

1

1 year

Socks, woollen green……………………

3

1 year

Shoulder 58 pattern ………………………

1

1 year

Trousers, jungle green…………………...

1

1 year

Whistle…………………………………....

1

10 years

EQUIPMENT

Blankets G S..........................

2

1 year

Brushes, boot.........................

1

2 years

Blankets, L W.........................

1

2 years

Bag Kit, Canvas.......................

1

2 years

Carrier water bottle 58 pattern..........

1

2 years

Certificate of appointment........................

2

10 years

Field dressing...................................

1

1 year

Frog bayonet 58 pattern....................................

2

4 years

Haversack web 58 pattern................................

1 pair

4 years

Kit boxes................................

1 pairs

5 years

Matches, 38 Cm.....................

1

4 years

Nets Mosquito..................................

1

1 year

Polish boot, tins....................................

1

1 year

Soap washing, bars............................

9

1 year

Scabbards matchet...............................

1

4 years

Tins, mess set.......................................

1

5 years

Water bottle 58 pattern......................

1

5 years

Button, Tunic large.......................................

5

10 years

Button Tunic medium...................................

4

10 years

Button, Tunic small.......................................

4

10 years

Tunic Royal Blue woollen gaberdine, long sleeves .........

1

3 years

Trousers Dark Blue woollen serge...............

with red stripes 5cm wide.............................

1

3 years

Cummerbund, Red with sash.......................

1

3 years

Shoes, black................................................

1

1 year

Socks, black................................................

2

1 year

Badges, hat.................................................

1

10 years

Belt, white with chrome fittings, rectangular buckle with Police Crest.............................

1

5 years

Badges, Band..............................................

1

5 years

Shoulder Wing...........................................

1

2 years

Dress, cord (Gold)......................................

1

2 years

Collar, dogs............................................

1

10 years

Guard, case leather.......................................

1

5 years

Band, 2 inches wide cap, Police colours ......

1

1 year

CLOTHING

Badges hat

1

10 years

Badge coxswam

1 pair as required

10 years

Boots black

1

2 years

Cap, navy type with ribbon ‘Kenya Police Colours

1

2 years

Cap cover white

1

2 years

Hosetops, blue

1 pair

1 year

Jersey, blue woolen

1

1 year

Lanyard, blue woolen

1

1 year

Oil skin, black

1

4 years

Overalls, blue

1

1 year

Plimsoles, white

1

4 months

Shirts, Navy blue

3

18 months

Long white drill

4

1 year

Shoes, black

1

2 years

Souwester hat

1

4 years

Stockings, blue

3 pair

1 year

Whistle, metropolitan

1

10 years

EQUIPMENT

Baton, Metropolitan

1

10 years

Belt, black

2

5 years

Blankets G.S

2

2 years

Kitbox

1

5 years

Brush boots

1

2 years

Certificate of appointment

1

10 years

Field Dressing

1

-

CLOTHING AND BADGES

Badges hat

1

10 years

Bag sling leather, Blue

1

5 years

Buttons, Tunic large

3

10 years

Buttons, Tunic medium

7

10 years

Cappeak

1

2 years

Covers, cap peak

1

1 year

Cape, blue lined

1

4 years

Identification number

2

10 years

Pullover, blue "V" neck

2

2 years

Lanyard, woollen blue

2

1 year

Pins spilt for hat badges

1

10 years

Ring Button

10

5 years

Shirts, poplin white working

3

1 year

Shirts, poplin white full dress

1

2 years

Socks, blue nylon for working dress

1

1 year

Socks, blue nylon for working dress

2

1 year

shoes black

1

2 years

Boots Military

1

1 year

Skirts, Terylene dark blue

2

1 year

Skirt, dark blue serge

1

2 years

Tunic, dark blue serge

2

1 year

Tie, black

1

1 year

Whistle

1

10 years

Belt stable Force colour

2

2 years

EQUIPMENT

Blankets G.S

2

2 years

Book pocket note

1

1 year

Boxes kit

1

4 years

Brushes, boot

1

2 years

Certificate of appointment

1

10 years

Field dressing

1

1 year

Manual Police

1

10 years

Anti Riot drill pamphlet

1

10 years

Polish, shoes black tins

12

1 year

Soap, washing bars

9

1 year

CLOTHING AND BADGES

Anklet, web 58 pattern

1

1 year

Badges, hat

1

10 years

Belt web 58 pattern

1

2 years

Belt stable blue

1

2 years

Beret, blue

1

1 year

Boots, leather black

2

2 years

Coat, water, proof blue

1

4 years

Hats jungle green

1

1 year

Identification number

1

10 years

Jersey, khaki

1

2 years

Lanyard, khaki

1

1 year

Overalls, blue

2

1 year

Pm split for hat badge

1

10 years

Shirts, Angola

3

1 year

Socks woolen blue

3

1 year

Smocks, Camouflage

1

2 years

Trousers, J.G

3

1 year

Whistle

1

10 years

Coat waterproof Khaki

1

4 years

EQUIPMENT

Book pocket note

1

1 year

Certificate of appointment

1

10 years

Holster revolver 58 pattern

1

2 years

Pouches anunon, web 58 pattern

for revolver

1

2 years

Badges, hat

1

10 years

Badges, rank, set

1

10 years

Belts, stable force colour

1

1 years

Beret blue

1

1 year

Cap, peak

1

2 years

Coat, waterproof khaki

1

4 years

Hat, jungle green

1

2 years

Lanyard, woollen/force colours as appropriate

1

2 years

Pullover khaki

1

2 years

Shirts, khaki poplin

4

1 year

Shoes, safari, pairs

1

1½ years

Trousers approved material

4

1 year

Smock camouflage

1

3 years

Scut flying Helicopter pilots

2

2 years

Whistle

1

10 years

Wings force pilots

2

2 years

As directed by Director National Police Service Airwing based on the above listed scale.

CLOTHING AND EQUIPMENT

Sleeves, white.......................

1

1 year

Reflective jacket.................

1

2 years

Reflective vest..............................

1

2 years

Covers, peaked cap, white.........

2

1 year

Reflective jacket................

1

2 years

Goggle, motor cycle..................

1

2 years

Helmet, crash.........................

1

4 years

Gauntlet, motor cycle...............

1

1 years

Breeches, khaki cord................

2

1 year

NOTE:

To be withdrawn upon transfer out of traffic branch.

CLOTHING AND EQUIPMENT

Jackets reflective…………………….

1

1 year

Vests reflective ………………………

1

1 year

Belts white …………………………

1

1 year

NOTE: To be taken on ledger charge by Sub-County/ Formation.

CLOTHING AND EQUIPMENTS

Badges, cap .............................

2

10 years

Belt leather ............................

1

4 years

Beret blue ............................….

1

1 years

Boots Ankle leather black ........

1

2 years

Brushes boot ............................

1

2 years

Buckle belt S.O. ........................

1

10 years

Button Tunic Medium .................

7

10 years

Lanyard blue .............................

1

1 year

Pins split for hat badges ..............

1

4 years

Shirts blue ..............................

1

1 year

Socks navy grey .........................

1

1 year

Trousers dark blue .....................

1

1 year

Whistle ...................................

1

10 years

NOTE: To be taken on ledger charge by Sub-County/ Formation.

Overall (dungarees)......Mechanic .……….

2

1 year

Drivers (Junior Police officers)…....

1

10 years

Armourers .................................

2

1 year

Dust coats khaki Foreman (white drill)….

2

1 year

Storeman …..…...................................

2

1 year

Cook .............................

2

1 year

Armourers .........…………......................

2

10 years

Telecom Technician. …..........................

2

1 year

Jackets K.D.

Long sleeves) Junior staff …. 2 each 1 year

Women cleaners…… 2 each 1 year

Trousers K long)

Dresses K.D.)

Head dresses K.D

POLICE NURSING STAFF

1. KENYA REGISTERED NURSE

Dress Royal blue Terylene material.….

3

1 year

White Head cloth with service colorsstripes..…………… ………..

3

1 year

Belt, waist with police colours ..........

1

5 years

Shoes, black (as for police officers) …

2 pair

1 year

Badges ................................................

1 set

1 year

Cape, blue woollen serge .................

1

4 years

2. KENYA ENROLLED NURSE

Dress, white .....................…………....

3

1 year

Head cloth, white with service stripes..………

3

1 year

Belt, waist with police colors

1

5 years

Shoes, as per K.R.N. .........................

2 pairs

1 year

Apron, white ...................................…

3

1 year

Badges of rank ..................................

1 set (according to rank)

Cape, blue serge ................................

1

4 years

Ceremonial Dress – Gazetted and Inspectorate

Midnight blue

- Serge tunic round neck with service color ribbon

- Trouser.

- Skirt (alternative for women)

- Cap peak blue

- Gorge’s boot

- Socks medium blue

- T-shirt

- Medals and name tag

- Aiguillettes on right shoulder for SAIG and DIG

NB:

1. Patrol Dress as above

- Silver strip on trouser

- Sam Browne belt

- white gloves

- Sword scabbard, knot and frog by ASP and above on parade.

2. Mess dress

- Midnight blue trouser

- Mess jacket

- Cummerbund

- Shirt white with soft collar

- Tie service colors -bow

- Cap peak blue

- Socks medium blue

- Medals minitures

- Name tag

Midnight blue

- Tunic round neck with Service color ribbon

- Trouser

- Skirt (alternative for women)

- Cap peak blue

- Military boots black

- T-shirt

- Medium blue socks

- Service color belt

- Badges of rank as appropriate

- Medals and name tag

- Service numeral

Medium blue

- Tunic (Senior Officers)-for members of inspectorate and above

- Shirt

- Trouser

- Skirt (alternative for women)

- T-shirt

- Blue beret

- Jacket

- Patrol jacket

- Multipurpose/Stable service color belt

- Great coat

- Rain coat

- Permanent shine shoes

- Lanyard Service color ASP and above

- lanyard blue Corded Inspectorate

- Whistle

- Name tag and medals

Medium blue

- Trouser

- Skirt (alternative for women)

- Shirt

- T-shirt

- Beret blue

- Pullover

- Patrol jacket

- Great coat

- Rain coat

- Socks blue

- Multipurpose belt

- Service color belt (alternative for women)

- Military boot black

- Lady shoe black

- Lanyard blue single

- Whistle

- Medals and name tag

- Service numeral

Jungle green

- Camouflage jacket

- Shirt officer’s

- Trouser

- Beret blue/jungle hat

- Fawn rain coat

- Cape poncho

- Lanyard service color for ASP and above

- Lanyard corded

- Belt jungle green (alternative - Service color belt stable ASP and above)

- Whistle

- Military tactical boots/safari

Jungle green

- Jacket camouflage

- Jersey

- Trouser

- T-shirt

- Angola shirt(JG)

- Berret Blue/Hat jungle

- Socks

- Military boots black/ Tactical boots

- Lanyard khaki single

- Fawn/rain coat

- Great coat

- Belt jungle green

- Cape poncho

- Webbing equipment 58 Pattern-Complete

SERVICE SERGEANT

The Service sergeant at Kenya Police Headquarters, National Police College Kiganjo Campus, Regional and Formation headquarter shall wear the following order of dress

(a)

Ceremonial dress

- As for Other Ranks

- Cap peaked without cover

- Tunic midnight blue ceremonial with service color ribbon and silver lace

- Belt Sam brown,

- RSM badge of rank

- NCO stick

(b)

Working Dress

- As for Other Ranks

- Lanyard corded blue woolen

- Blue sash

- RSM badge of rank

- NCO stick

(c)

Operation area

- As for Other Ranks

- RSM badge of rank

- NCO stick

1. FULL DRESS

Cap, navy type, with white top and ribbon.

Kenya Police".

Blouse, white with blue edging.

Long white drill.

Belt, white.

Lanyard, blue woollen corded for officers and police colour for SPs and above.

Whistle, metropolitan.

Boots, black.

2. WORKING DRESS

Cap, navy type, with white top and ribbon.

“Kenya Police”.

Sou'wester hat, blue (as required).

Blouse, white with blue edging.

Long white drill.

Belt, white.

Whistle, metropolitan.

Lanyard, blue, woolen as for full dress for officers.

Shoes, black (shore duty only).

Plimsoles, white (for duties a float).

3. WORKING DRESS-NIGHT

Cap. navy type, with White top and ribbon.

"Kenya Police".

Sou'wester hat, blue (as required).

Jersey, blue.

Long khaki drill.

Belt, white.

Lanyard, blue, woolen as for full dress for officer

Whistle, metropolitan.

Shoes, black (shore duty only).

Plimsoles, white (for duties a float)

4. GENERAL DUTIES

Shore for duties when a launch is laid up, etc. Working dress shall be worn as laid down in Appendix 31(t)(i) paragraph 2. (G.D.)

1. FULL DRESS

As for G.S.U. except that blue beret shall be worn in place of maroon, plus holster web pouch ammo web.

2. WORKING DRESS

(i) . Day-Training

Hat, jungle green.

Boots black.

Overalls, blue.

(ii) . Day-Patrol

Pouch ammo web.

Shirt, angola.

Holster, web.

Trousers, J.G.

Beret, blue.

Boots, military.

Socks navy blue.

Lanyard, blue and as for G.S.U. for officers

Belt web 58 pattern.

Coat waterproof (when necessary).

(iii) . Night-Patrol

Patrol-as per day patrol plus jersey khaki during cold weather.

(iv)

. Operation Dress (Tracking)

As per working dress plus.

Smock camouflage (night only).

Field dressing (to be carried on all patrols).

1. FULL DRESS

Beret, maroon.

Tunic round neck drap green with unit colour ribbon.

Trousers, woollen Angola drap.

Socks, O.J.G.

Boots, military.

Lanyard, blue corded.

Whistle.

Belt stable blue (sam browne for officers).

Chevrons black.

Medals or medal ribbons (as ordered).

2. WORKING DRESS

Beret maroon.

Shirt, khaki, Angola.

Trousers J.G.

Socks, green

Boots, military.

Lanyard, khaki corded.

Whistle.

Belt web 58 pattern.

Smocks, J.G. (as necessary).

Jersey khaki (as necessary).

Chevron black (cloth badges for officers).

3. MARCHING ORDER: -

(a)

. WORN ON PERSON

Beret, maroon.

Shirt, khaki, angola.

Lanyard, khaki corded.

Whistle.

58. pattern Equ trousers - J.G.

Boots, military.

Chevrons black (cloth badges of ranks for officers)

Arms (as necessary)

Field dressing

Equipment with belt and water bottle (to include cape poncho mess tin, blanket L.W, matchet and scabbard).

Smocks – J.G.

Socks, green.

(b)

. CARRIED IN VEHICLE

Full riot equipment.

(c)

. IN KIT BAG

Boots jungle/camouflage.

Jersey khaki.

Shirt, khaki, Angola.

Trousers - J.G.

Socks, green.

Hat, jungle green.

Belt web. 58 pattern.

Shoes, canvas.

Waterproof fawn khaki

4. WEAPON TRAINING ORDER

Hat, J.G.

Shirt, khaki, Angola.

Trousers, J.G.

Socks, green.

Boots, military or J.G.

Lanyard, khaki.

Whistle.

58. pattern. equipment less pack (skeleton order).

Smocks - J.G.

Chevrons, black (cloth badges of rank for officers).

5. OPERATION DRESS

Beret maroon, Hat. J.G. or plastic helmets as necessary.

Trousers - J.G.

Lanyard, khaki.

Whistle.

Belt web 58 pattern. Webbing 58 pattern.

equipment (as necessary).

Boots military or boots JG/camouflage (as necessary).

Smocks - J.G.

Jersey, khaki (as necessary).

Socks, green.

1. The insignia in use in the Administration Police Service, badges of ranks, scale of issue of clothing and equipment, the orders of dress, and the makeup and description of dress, are as provided in these Appendixes.

2. (1) The order of dress on various functions shall be according to the nature of the event.

(2)

Despite paragraph (1)—

(a)

a ceremonial dress to be worn on all ceremonial functions;

(b)

an ordinary suit or executive suit shall not be worn by officers of County Headquarters when working in offices, nor shall it be worn in urban areas;

(c)

duties where ordinary or executive suit may be worn includes special duties, testifying in court of law, workshop or seminars that involve non uniform civil servants;

(d)

the issue of ordinary or executive suit shall be entirely optional; and

(e)

the materials for police uniforms shall not be used for making civilian clothes, nor when police uniforms are worn out, may they be disposed of by giving them to servants or selling them to servants or selling them to second-hand clothes dealers.

3. (1) The following shall be the order of dress for Administration Police officers attending investitures at State House or at any parade for the award of medals—

(a)

Gazetted Officers and members of Inspectorate to wear respective ceremonial order of dress as stipulated under Appendix 31(aa); and

(b)

Junior officers (Constable – Senior Sergeant) to wear respective ceremonial order of dress as stipulated under Appendix 31(ab).

(2)

It is essential that when Administration Police officers are assembled in any place or at any function, the administration police officer shall be dressed uniformly, in accordance with the order of dress applicable to the event.

(3)

An Administration Police officer may not wear his or her police uniform when on leave, spent either locally or overseas.

4. (1) The wearing of any article of uniform with civilian clothing and the wearing of any visible article of civilian clothing when in police uniform is strictly forbidden.

(2)

The placing of pens, pencils and similar articles in stocking tops is not permitted and such articles shall not be visible when carried in the pockets of the uniforms.

5. (1) Male Administration Police officers giving evidence in court shall enter the witness box bareheaded, unless their religion demands the wearing of head-dress either permanently or for the taking of the oath.

(2)

Female Administration Police officers, when giving evidence in court in uniform, shall keep their caps on.

(3)

Administration Police officers attending court shall be neatly and properly dressed in an ordinary suit and tie.

6. Overalls shall be worn by Administration Police Members of technical branches when on duty in public, including when driving Administration Police vehicles and when working on installations or inspections of vehicles.

7. All personnel engaged temporary on traffic duties shall wear reflector jackets.

8. (1) Members of the Service shall only wear the badges of rank, proficiency and other insignia and decorations to which they are entitled, and in accordance with instructions contained in these Service Standing Orders.

(2)

No badges shall be worn with fawn Coats.

9. The Senior N.C.O. on duty at the AP line or any Administration Police Training College shall wear maroon sash over the right shoulder, crossing the body over the belt, with the tassel on the left side.

10. (1) All items of police uniform and equipment issued to members of the Administration Police Service are the property of the Government of Kenya and should be returned to Service Stores as soon as the officer ceases to be employed as an Administration Police officer.

(2)

It is an offence against discipline to sell, pawn or dispose of any article of the 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 Administration Police Service, without the permission of the Deputy Inspector General-Administration Police.

(4)

Any damage or loss of any issued item of police uniform or equipment shall be the subject of an immediate inquiry and, if necessary, action shall be taken.

(5)

Loss of Certificate of Appointment shall be subject of thorough investigation and the completed inquiry file shall be submitted to the CIPU County or Unit Commander for further instructions.

(6)

Members of other ranks 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 County, Unit or other officer of or above the rank of Inspector nominated for the assignment.

(7)

Officers-In-Charge of Units shall ensure that all items of police uniform and equipment issued to all subordinate officers proceeding on leave or discharged are withdrawn prior to departure.

(8)

The police uniforms of all other ranks in hospital or on leave shall be stored and shall be examined and cleaned at intervals.

(9)

All items of police uniform and equipment shall be withdrawn as and when an officer is interdicted or suspended from duty.

11. (1) Plain clothes shall be worn by personnel escorting non-criminal mental patients.

(2)

An Administration Police officer appearing in court as an accused shall wear civilian clothes.

12. The following instructions shall be strictly adhered to with regard to the fitting, wearing and upkeep of uniform and equipment—

(a)

badges of rank shall be affixed to the shoulder flaps with quarter pins and rings shall not be used;

(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 shall be horizontal, when the Angola shirt is worn, the belt shall be through the trouser loops and other ranks belts shall be adjusted equally on either side of the buckle;

(d)

chevrons shall be sewn on with black thread on the right sleeve and shall be correctly aligned;

(e)

collar gorgets shall be worn upright on the centre of the upper part of the collar with the lion facing inward;

(f)

fawn coats shall be worn only in wet or cold weather and collars shall not be turned up except in heavy rain and shall not be worn on fatigue duty.

(g)

head-dress—

(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 in police uniform;
(iii) chin straps may be worn under the point of the chin during the passing out or march-pass parade;
(iv) the beret shall be worn with the welt of the leather band passing horizontally 3 centimetres above the eyes;
(v) the slack of the beret shall be pulled down over the right side of the head;
(vi) the cap badge shall be above the left eye; and
(vii) police officers wearing a turban shall wear the Service badges in the centre front, with the inverted “V” of the turban central;
(h)

jersey and pullover—

(i) shall be worn for night duty or during cold weather or in the colder counties;
(ii) sleeves shall reach to the wrist joint;
(iii) holes must be mended as soon as they occur, and for this purpose, an old jersey/pullover shall be retained at County/Units and unraveled wool be used for repairs; and
(iv) women shall wear jerseys/pullovers made to fit;
(i)

Comouflage jacket and Angola shirts—the insignia and badges of rank to be worn with shirts shall be as described in paragraph (a) and the Angola shirt shall be worn tucked into the top of the trousers or skirts and pulled down well;

(j)

Angola shirts shall be worn with a three (3) centimetres turn-up on the sleeves and the turn-up shall be suitably pressed;

(k)

lanyards—

(i) the lanyard worn by Gazetted Officers, members of the Inspectorate and officers of other ranks, shall be attached directly to the whistle or a metal hook in the case of lanyard in AP colours;
(ii) 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 and the whistle placed in the whistle pocket and when a jersey/pullover is worn, the whistle shall remain on the shirt; and
(iii) women officers of other ranks shall wear the lanyard in the same manner as in paragraph (k)(i);
(l)

machette and scabbard—shall be worn on the belt behind the right hip, cutting edge to the rear;

(m)

medal brooches and ribbons—

(i) tunic or shirts—medal brooches shall be worn centrally on the left breast immediately above the pocket flaps; and
(ii) medal brooches and ribbons shall not be worn on jerseys/pullovers;
(n)

swagger canes—

(i) the swagger cane shall be carried by all officers when walking out in uniform, but not when carrying fire-arms or batons; and
(ii) officers of junior ranks 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;

13. (1) All senior officers shall set an example to junior officers by ensuring that their own turn-out is impeccable.

(2)

These Service Standing Orders shall be strictly enforced to ensure a smart and correct turn-out by all ranks.

APPENDIX 31(z)— ADMINISTRATION POLICE SERVICE INSIGNIA

1. The Administration Police badge consists of the "Circular ring" which surrounds Mount Kenya with a lion engraved and crossed spears. At the top there are inscriptions Administration Police and at the base “Uaminifu na Haki”

Diagram 31 (zi)

2. The Administration Police button bears a lion with a scroll inscribed Administration Police. The buttons are in two sizes; large and medium.

3. Name tags shall be worn by all Administration Police officers and other ranks on their dress as follows—

(a)

ceremonial and tunic jacket, angola shirts and camouflaged jacket the centre of the right breast pocket; and

(b)

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 follows—

(a)

Service best shot—crossed rifles in gold wire on maroon cloth background. Awarded annually to an officer of other ranks who is the best shot in the Service and worn for a period of one year only; or

(b)

Marksman—rifle crossed in red wool on maroon cloth background. Awarded annually to an officer of other ranks officer who qualifies for such, in the Annual Range (Rifle) and worn for a period of one year only.

5. The badges of rank and insignia for the Administration Police Service is as contained under appendix 31(a) of the Service Standing Orders.

A. FULL DRESS - CEREMONIAL DRESS CLOTHING/BADGE

Item of Clothing/Badge

Scale of Issue

Duration

Cap badges

2

2 years

Aiguillettes golden for AIG and above

1

2 years

Peaked cap c/w two oak leaves gold braid for SAIG and DIG

1

2 years

Peaked cap c/w one oak leaves gold braid CP and AIG

1

2 years

Peaked cap c/w gold braid (plain) ASP – SSP

1

2 years

Cap badge AP cloth - SSP and above

2

1 year

Cap badge AP (metallic gold coated) ASP & SP

2

1 year

Cap badge AP (metallic silver coated) for members of Inspectorate

2

1 year

Pins split for hat badges

2

10 years

Jacket gabardine and trouser/skirt

2

5 years

White shirt

2

1 year

Maroon tie with AP logo

2

5 years

Brown and Black shoes/ ladies shoes (permanent shine) for ASP and above

2

1 year

Black shoes/ladies shoes (permanent shine) for members of inspectorate.

2

1 year

Brown swagger cane for ASP and above

1

5 years

Black swagger cane for members Inspectorate

1

5 years

Gloves white

2

5 years

Lanyard Service colours for ASP and above

2

2 years

Lanyard twisted maroon for members of inspectorate

2

2 years

Buttons gold medium for ASP and above

10

10 years

Buttons gold large for ASP and above

4

10 years

Rings button

14

10 years

Buttons silver medium for members of inspectorate

10

10 years

Buttons silver large for members of inspectorate

4

10 years

Ceremonial gorgets (oak leave gold strip for AIG and above on maroon background)

2

2 years

Ceremonial gorgets (twisted gold strip) for CP on maroon background)

2

2 years

Ceremonial gorgets (straight gold strip) for SSP on maroon background)

2

2 years

Sam brown belt

1

5 years

Whistle metropolitan

1

10 years

Military sword complete with frog and scabbard (as required)

1

10 years

Jungle green socks

2

2 years

Medals or medal ribbons and nametag (as ordered)

According to issue

B. WORKING DRESS CLOTHING/BADGE

Item of Clothing/Badge

Scale of Issue

Duration

Cap badges

2

2 years

Black George boots (permanent shine) for ASP and above

2

1 year

Black Wellington boots (permanent shine) for ASP and above

2

1 year

Black officers and ladies shoes (permanent shine) for ASP and above

2

1 year

Suede boot (safari boots)

2

1 year

High ankle leather boots

2

1 year

Black officers shoes for members of Inspectorate

2

1 year

Swagger cane (brown) for ASP and above

1

5 years

Swagger cane (black) for members of inspectorate

1

5 years

Jungle green trouser

2

1 year

Jungle green skirt

2

1 year

Angola Shirt

2

1 year

Black Woolen Beret

2

1 year

Fawn /raincoat

1

5 years

stable belt officers

2

2 years

jungle green belt

1

2 years

Cap badge AP cloth for SSP and above

2

2 years

Cap badge AP (gold ) ASP and SP

2

2 years

Cap badge AP ( silver) members of inspectorate

2

2 years

Pins split for hat badges

2

10 years

Jersey camouflage

1

2 years

Jacket camouflage

1

2 years

gorgets (oak leave gold strip) for AIG & SAIG on maroon background)

2

2 years

gorgets (twisted gold strip) CP on maroon background)

2

2 years

gorgets (straight gold strip) for SSP on maroon background)

2

2 years

Jungle green socks

2

1 year

Whistle metropolitan

1

5 years

Lanyard Service colours for ASP and above

2

2 years

Lanyard maroon twisted for members of inspectorate

2

2 years

Jungle combat trouser and jungle combat shirt

2

2 years

AP T-shirt

2

1 year

Jungle hat

1

2 years

Medals or medal ribbons and nametag (as ordered)

According to issue

C. EQUIPMENT

Equipment

Scale of Issue

Duration

Baton metropolitan

1

5 years

Belt sam browne, complete with cross strap

1

5 years

Certificate of appointment

1

As necessary

Instruction on use of force in civil disturbance

1 book

5 years

"q" stores accounting detailed instructions pamphlet

1

5 years

Kit

1

10 years

Pamphlet, riot drill training

1

5 years

Handbag leather black (ladies)

1

5 years

Administration police note book

1

As necessary

Brief case Brown for ASP and above

1

5 years

Brief case Black for members of inspectorate

1

5 years

A. FULL DRESS - CEREMONIAL DRESS CLOTHING/BADGE

Item of Clothing/Badge

Scale of Issue

Duration

Jacket grey material

2

2 years

long trouser grey material

2

2 years

White shirt

2

1 year

White gloves

2

5 years

Peak cap APs

1

2 years

Pins split for hat badges

2

10 years

Tie maroon APS logo

1

5 years

Swagger cane for NCOs (black)

1

5 years

Caroline belt

1

5 years

Whistle metropolitan

1

5 years

Lanyard Service colours for ASP and above

2

2 years

Pins split for hat badges

2

2 years

Tie maroon APS logo

1

5 years

Swagger cane for NCOs (black)

1

5 years

Caroline belt

1

2 years

Whistle metropolitan

1

5 years

Lanyard single maroon

2

2 years

High Ankle leather boots – men/ladies

2

2 years

Ladies shoes

2

2 years

Button silver for AP (Medium)

10

10 years

Button silver for AP (Large)

4

10 years

Rings button

14

10 years

Jungle green socks

2

1 year

Maroon sash for SGTs and S/SGTs

1

2 years

Medals or medal ribbons and nametag (as ordered)

According to issue

B. WORKING DRESS CLOTHING/BADGE

Item of Clothing/Badge

Scale of Issue

Duration

Cap badges metallic (silver)

2

2 years

Woolen Beret black

2

1 year

Pins split for hat badges

2

10 years

Angola shirt

2

1 year

Long trouser jungle green

2

1 year

skirt jungle green

2

1 year

Maroon belt

1

2 years

Jungle green belt

1

2 years

Lanyard single maroon

2

2 years

Whistle metropolitan

1

5 years

Ladies shoes

2

2 years

Jungle green socks

2

1 year

High Ankle Leather boots – men/ladies

2

2 years

Camouflage jacket

1

2 years

Green Jersey

1

2 years

AP T-shirt

2

1 year

Jungle hat

1

2 years

Medals or medal ribbons and nametag (as ordered)

According to issue

C. EQUIPMENT

Equipment

Scale of Issue

Duration

Baton metropolitan

1

5 years

Certificate of appointment

1

As necessary

Instruction on use of force in civil disturbance

1 book

5 years

"q" stores accounting detailed instructions pamphlet

1

5 years

Kit

1

10 years

Pamphlet, riot drill training

1

5 years

Administration police note book

1

As necessary

Ladies Handbag (black)

1

5 years

Equipment

Scale of Issue

Duration

AP Cap Badge

2

2 years

Jungle green belt

1

2 years

Camouflage Boots

2

2 years

High ankle leather boots men/ladies (black)

2

2 years

Dessert boot

1

2 years

Ladies shoes

2

2 years

Woolen beret black

2

1 year

Pins split for hat badges

2

10 years

Jungle green trouser/skirt

2

1 year

AP T-shirt (camouflage)

2

1 year

Jungle hat

1

2 years

Peaked cap camouflage

1

2 years

Fawn coats water proof (rain coat)

1

5 years

Jungle green Jacket

1

2 years

Camouflage/green Jersey

1

2 years

Lanyard maroon single/twisted maroon/service colours

2

2 years

Angola Shirt

2

1 year

Jungle Green Socks

2

year

Cap poncho

1

5 year

Whistle

1

5 years

Camouflage shirt and trouser/Combat uniform

2

2 years

Face veil – Jungle green

1

2 years

Ballistic Combat Helmets

1

5 years

Ammunition pouches/magazine carrier

1

5 years

11 year Breeches, Riding khaki cord (mounted personnel only) for ASTU

1

5 years

Identification Number for ASTU

1

5 years

Plates, backing for ASTU

1

5 years

Split pins for numerals for ASTU

1

5 years

Smock camouflage for ASTU

1

5 years

Bottles, water pattern 58 pattern

1

5 years

ASTU, RDU and BPU shoulder badge

2

2 years

Medals or medal ribbons and nametag (as ordered)

According to issue

B. EQUIPMENT

Equipment

Scale of Issue

Duration

Tactical Helmets

1

5 years

Web belt Pattern 90

1

5 years

Camel bag

1

2 years

Sleeping bag

1

5 years

Camp bed

1

5 years

Knee pad

1

2 years

Elbow pad

1

2 years

Roll mat

1

2 years

Mess tin

1 set

5 years

AP Notebook

1

As necessary

Kit box

1

10 years

Compass

1

5 years

Mosquito net.

1

5 years

Frog bayonet 58 pattern

1

4 years

Braces attachment 90 pattern

1

5 years

Covers water bottle, 58 pattern

1

2 years

Haversacks, 58 pattern

1

4 years

Machete 38 cm

1

4 years

Scabbard machete

1

4 years

Holster 58 pattern

1

4 years

Certificate of appointment

1

As necessary

C. EQUIPMENT FOR ANTI-STOCK THEFT UNIT JUNIOR MOBILE, MOUNTED, TRACKERS AND SYCES

Equipment

Scale of Issue

Duration

Bag, canvas

2

2 years

Bags sleeping

1

2 years

Blanket G.S

2

2 years

Blanket LW

1

2 years

Books, pocket note

1

1 year

Bottle water 58 pattern

1

5 years

Boxes, kit

1

5 years

Brushes, boot

1

2 years

Braces attachment 58 pattern

1

2 years

Braces, normal 58 pattern

1

2 years

Certificate of appointment

1

10 years

Cords, P/T single

1

1 year

Carrier, water bottle 58 pattern

1

2 years

Field dressing

1

1 year

Havesack 58 pattern

1

4 years

Mess tins, sets

1

5 years

Net, Mosquito

1

2 years

Polish boots black tins

12

1 year

Strap, shoulder L & R/H 58 pattern

1

1 year

1. OPERATION DRESS

(a)

Skeleton Order (worn on person). Jungle hat.

Shirt Angola.

J.G Trousers. J.G.

Lanyard Maroon.

Whistle.

Boots military.

Socks green

Jungle belt

Web 90

pattern.

Braces attachment 90 pattern.

Ammunition pouches/magazine carriers.

Water bottle and carrier 90 pattern.

Field dressing.

(b)

MARCHING ORDER

(Carried in 90 pattern).

Mess Tin Set.

Matchet and

Scabbard.

Blankets

lightweight.

Cape poncho

Jacket

Camouflage.

Sleeping

bag.

Mosquito net.

(c)

FULL MARCHING ORDER (in Kit Bag carried in Vehicle)

Blankets

Jersey green. Waterproof coat. Socks green

Jungle trouser green

Beret black.

Cap Badge AP

CLOTHING RECIPIENT

Item of Clothing

Scale of Issue

Duration

Overall (dungarees) Mechanic

2

1 year

Drivers (Junior Police officers) (overall)

1

1 year

Armourers (overall/dustcoat)

2

1 year

Dust coats khaki Foreman (white drill)

2

1 year

Storeman (dust coat)

2

1 year

Cook (chef's whites)

2

1 year

Telecom Technician (dust coat/overall)

2

1 year

Jackets K.D. Long sleeves) Junior staff 2 each 1 year

Women cleaners 2 each 1 year

Trousers K long)

Dresses K.D.)

Head dresses K.D

1. KENYA REGISTERED NURSE

Item of Clothing/Badge

Scale of Issue

Duration

Dress Royal blue Terylene material

3

1 year

White Head cloth with Service colors stripes

3

1 year

Belt, waist with Administration Police colours

1

5 years

Shoes, black (as for police officers)

2 pair

1 year

Badges (as required)

2 set

1 year

Cape, black woollen serge

1

4 years

2. KENYA ENROLLED COMMUNITY HEALTH NURSE

Item of Clothing/Badge

Scale of Issue

Duration

Dress, white

3

1 year

Head cloth, white with Service colour stripes

3

1 year

Belt, waist with Administration Police colors

1

5 years

Shoes, as per K.E.C.H.N

2 pairs

1 year

Apron, white

3

1 year

Badges of rank (as required)

2 set

1 year

Cape, black serge

1

4 years

A. CLOTHING/BADGE

Item of Clothing

Scale of Issue

Duration

AP Peaked cap

1

2 years

Lanyard(service colours/twisted maroon/single)

1

2 years

Button large

12

5 years

Button medium

4

5 years

White cotton Jacket

1

2 years

Black stripped white and maroon trouser 5cm wide

1

2 years

Coma Belt Sash

1

5 years

Shoes, black

1

2 years

Socks, jungle green

2 pairs

1 year

AP Cap Badge /Cloth according to rank

1

5 years

Shoulder Wing

2 pairs

2 years

Dress, cord (maroon)

1

2 years

Guard, case leather

1

5 years

Band, 2 inches wide cap, AP Police Service colours

1

2 years

Plume

1

2 years

Aiguillettes for IP and above

2

2 years

Epulates for IP and above

2

2 years

Drum major’s Sash

1

2 years

B. EQUIPMENT/INSTRUMENTS

1. Drum major's mace,

2. Bellyre,

3. Trombone

4. Euphonium

5. Baritone

6. Cornet

7. French horn

8. Bass drum

9. Side drum

10. Cymbal

11. Saxophone

12. Baritone

13. Clarinet

14. Flute

15. Piccoll

16. Oboe

17. Double bass

18. Cello

19. Viola

20. Violin

21. Guitar

22. Timpani

23. Xyllophone

24. Piano

25. Mixer package

Item of Clothing/Badge

Scale of Issue

Duration

Black gown

1

5 years

white neck band(Collarette)

1

5 years

Black Suit

2

1 year

Advocates wig

1

5 years

White shirt

2

6 months

Black shoes

2

1 year

Clothing and equipment

Cap badges

2

Badges of rank

2 pairs

Stable belts

2

Black beret

2

Cap peaked

1

Fawn coat, waterproof khaki

1

Jungle hat

1

Lanyard, woolen/force colours

1

Pullover camouflaged

1

Safari boot

2

Camouflage jacket

1

Scat flying helicopter pilots

2

Whistle

1

[L.N. 208/2020, s. 11.]

CHAPTER 32 – ESCORTS, PATROL AND GENERAL DUTIES
1.

Strength of escort.

(1)

The strength of transit escorts for prisoners charged with criminal offences shall be two officers for one prisoner except when being conveyed in a specially constructed vehicle where the escort shall be not less than one officer per five prisoners.

(2)

The strength of escorts for prisoners within the court shall be at least one escorting officer per two prisoners.

(3)

A prisoner may not appear before a court under any form of restraint unless the prisoner is known to be of a dangerous character or likely to resort to the use of violence, whence the prisoner, upon direction of the court, shall be handcuffed to an escorting officer.

(4)

The strength of the escorts for detainees or alien shall be at least—

(a)

one or two detainees or aliens to one officer;

(b)

three to six detainees or aliens to two officers;

(c)

seven to ten detainees or aliens to three officers; and

(d)

if the number of detainees or alien is more than ten an inspector or an N.C.O shall be placed in-charge of the escort.

(5)

The strength of an escort shall be hastened where the police officer reasonably deems the prisoner to dangerous.

(6)

In case the destination cannot be reached in one day, additional officers may be added to the escort.

2.

Escort to complete whole journey.

(1)

Escorts for prisoners within the Republic shall be provided for the whole journey, irrespective of its distance.

(2)

All escorting officers shall take all necessary steps to prevent the escape of prisoners including the use of handcuffs.

(3)

When traveling by boat or aircraft, handcuffs shall be removed unless the prisoner is violent or dangerous.

(4)

Handcuffs shall not be used on—

(a)

women;

(b)

children;

(c)

old; or

(d)

injured persons.

3.

Torches for nights escorts.

When it is necessary to carry out escorts duty during hours of darkness torches shall be provided.

4.

Planning of times for escorts.

Where it is necessary for escorts to make train or omnibus connections at any place en-route, care shall be taken to ensure that the period between arrival and departure times is as short as possible.

5.

Escorts for mental patients.

(1)

Police escorts shall not be provided for mental patients proceeding to a mental hospital or to a scheduled prison until the official requisitioning of such escort has ascertained that accommodation is available in the hospital or prison.

(2)

A police escort shall seek the advice of a medical officer as to whether or not mental patients should be handcuffed and their escorts armed.

(3)

Escorts of non-criminal mental patients shall, unless otherwise advised by the medical officer, wear civilian clothes.

6.

Escorts for female prisoners.

(1)

A female prisoner shall not be escorted by a lone male police officer.

(2)

Where no woman police officer is available, the escort shall be augmented by a female searcher and if neither is available, two male police officers shall form the escort.

(3)

Female prisoners should not normally be handcuffed.

7.

Escorts for children.

Police officers escorting children shall not—

(a)

handcuff the prisoner, however, care shall be taken to ensure they do not escape; or

(b)

carry arms.

8.

VIP (Very Important Persons) Protective escorts.

(1)

Any officer whose duty is to escort very important persons in the society shall—

(a)

ensure the person does not encounter any harm;

(b)

be punctual;

(c)

dress decently at all times;

(d)

be well trained and trustworthy officers;

(e)

always be armed and ready all the times to protect the person;

(f)

conduct reconnaissance prior to any meeting and which may includes the sitting format;

(g)

know the daytime hours of hosting and lowering of the vehicle flag;

(h)

ensure everything is in order before opening the door for the person to alight;

(i)

order the driver to move the person out of the venue where he feels the situation is not welcoming;

(j)

be the first to step in and out of a lift and ensure only authorized persons get in;

(k)

have a full list of all in attendance in the case of a meeting or an occasion where the person is present;

(l)

not leave the vehicle to be used by the person unattended;

(m)

always be alert and vigilant all the time especially when the person is in the open place;

(n)

establish escape routes to take the person through if need be; and

(o)

establish the most likely area that an enemy is likely to attack or approach from.

9.

Consignment escorts.

The following guidelines shall be applicable for consignment escorts—

(a)

the risk shall depend on the importance of the consignment;

(b)

the nature of the consignment and the route to be followed shall be known to all officers prior to departure;

(c)

at least two vehicles shall be required, one at the front and the other at the rear of the consignment, the leading vehicle to clear the way and the rear vehicle for backup purpose;

(d)

enough strength of personnel shall be a requirement; and

(e)

the area around the departure and destination shall be cleared before the consignment is loaded or offloaded.

10.

Cash consignments.

(1)

Police officers handling cash consignments shall be alert and vigilant all the time.

(2)

Safety measures that shall be adopted in cash consignment include—

(a)

guarding from all sides by at least three officers while on foot and ensuring the consignment is carried at the centre; and

(b)

at least two vehicles, which are serviceable and in good condition to transit cash, further it shall be ascertained that—

(i) the vehicle carrying the cash has only the driver and the bank officials on board;
(ii) the lead vehicle has the escort commander and six armed personnel manning all directions;
(iv) all the vehicles are installed with communication equipment;
(v) officers occupying the vehicle front seats are armed with short barreled guns which they can use with ease; and
(vi) the amount and destination of the cash in transit is notified to the escort latest time possible to avoid conspiracy.
11.

Examination and ballot boxes.

Any officer assigned to escort ballot boxes shall—

(a)

be well dressed and punctual to the collection centers;

(b)

be conversant with the respective officials;

(c)

secure the point of dispatch;

(d)

confirm the condition of the consignment as to whether it has been interfered with and notify the authority;

(e)

ensure the loading and unloading is witnessed by all the interested parties;

(f)

ensure the safety and security of ballot boxes throughout the journey;

(g)

ensure serviceable vehicles is used during such occasion;

(h)

ensure prior preparations are in place to counter any weather change during escort; and

(i)

ensure the security of personnel handling or in charge of the consignment.

12.

Convoy escorts.

Any officer deployed for a convoy escort shall—

(a)

ensure all vehicles move in a single file and no vehicle overtakes;

(b)

consider the number of vehicles on convoy to determine the strength of police officers;

(c)

ensure at least two vehicles installed with communication gadgets are available, one to act as the lead vehicle with the convoy commander on board with at least six armed officers and the rear vehicle acting as a backup team with at least six officer and an NCO as the commander;

(d)

ensure that in disturbed areas the lead vehicle has mounted barreled machine gun;

(e)

ensure all those involved cooperate and comply with orders from the convoy commander;

(f)

ensure that each vehicle in the convoy has elements of police officers with mobile communication gadgets;

(g)

ensure all officers and the drivers know how to react in case of an ambush or any other occurrence; and

(h)

ensure the escort detail shall develop an escort order.

13.

Patrol general.

(1)

An Officer in Charge of a Police Station, post or outpost shall organize and maintain an efficient system of patrols, beats and ambushes, both by day and night, throughout their areas.

(2)

Officers-in-Charge of various formations shall exercise close supervision over patrols and take keen interest in the work being performed.

(3)

Patrol teams shall be responsible for—

(a)

the protection of life and property;

(b)

the prevention of criminal activity;

(c)

the apprehension of criminal offenders;

(d)

the preliminary investigation of calls for Police Service, and continuous twenty-four hour directed patrol by uniformed police officers in marked and unmarked vehicles;

(e)

response to calls for service;

(f)

preventive patrol;

(g)

investigation of crimes, offenses, and incidents;

(h)

crime prevention activities;

(i)

traffic direction and control;

(j)

maintenance of public order;

(k)

provision of emergency services;

(l)

reporting information to appropriate organizational components; and

(m)

community policing activities.

14.

Motorized patrol in urban areas.

(1)

A police patrol car in urban areas shall carry a crew of at least four police officers including the official driver.

(2)

The Commander shall be a member of the inspectorate, but a senior N.C.O may be appointed as Car Commander if the Service exigencies so dictate.

(3)

The Car Commander shall inspect a patrol car before departure on a tour of duty in the presence of the driver and shall satisfy him or herself that—

(a)

the car is filled with petrol, oil and water and that the tyres (including spare) are correctly inflated and in serviceable condition, the radio, exterior and interior lights are working correctly, the vehicle battery is topped up and charging system working, the tool Kit is correct, the vehicle jack is working and work ticket is duly completed and signed;

(b)

standard equipment is available in the car;

(c)

the crew is properly dressed and in possession of personal issue equipment, baton, belt, pouch, whistle and note book; and

(d)

the occurrence book giving the names of the patrol detail and stating whether the car and equipment are correct.

(4)

Cars shall carry out patrol duties as detailed by the Sub- County, Station, post, outpost or unit base Commander and each patrol will not normally exceed eight hours.

(5)

Equipment that shall be carried in town cars engaged on patrol includes—

(a)

three riot batons;

(b)

three smoke grenades;

(c)

three pairs of handcuffs;

(d)

three electrical torches;

(e)

a tape measure;

(f)

a map of patrol for the station area;

(g)

a message pad and a pencil;

(h)

a vehicle work Ticket;

(i)

a list of stolen Vehicles;

(j)

a list of persons wanted;

(k)

a Notice to Attend Court book;

(l)

two pieces of Chalk;

(m)

scenes of crime kit consisting of two fingerprint brushes and one bottle each of black and white fingerprint powder;

(n)

road block signs, "Scotchlite" and an electric flashing light;

(o)

a First Aid Box;

(p)

one blanket; and

(q)

a pair of red reflective triangular signs;

(6)

Standard equipment that shall be fitted on patrol cars includes—

(a)

an electric siren;

(b)

a spot-light;

(c)

a dash-board light-removable;

(d)

a spare wheel;

(e)

a standard tool set;

(f)

a V.H.F. radio;

(g)

public address equipment;

(h)

a fire extinguisher;

(i)

an illumination roof sign; and

(j)

equipment clips.

(7)

First Aid Boxes contents shall include—

(a)

First Aid Field Dressing;

(b)

Bandages 3 ins;

(c)

B.P.C. Standard Dressing;

(d)

Nos. 11 and 12 (large) cotton wool;

(e)

St. John or Kenya Red Cross Bandages and Splint Straps;

(f)

a pair of scissors;

(g)

safety-pins;

(h)

a Tourniquet;

(i)

permanganate of potash; and

(j)

acroflavine.

(8)

An inventory of the contents of each box shall be maintained.

15.

Petrol officers' responsibilities and guidance.

A Patrol officer shall—

(a)

take appropriate action if they see an offence being committed, caution known offenders;

(b)

protect life and property, prevent crime and preserve peace;

(c)

interrogate suspects and known criminals;

(d)

note anything out of the ordinary and examine lock up property and any premises which are vulnerable;

(e)

take the initial action at the scene of crime or a traffic accident and learn the law, particularly the various offences and his or her powers under different Acts;

(f)

know the jurisdiction in which he works; the people, the very important persons, the criminals, places of interest, vital installations, areas in which crimes are committed;

(g)

learn where various services are situated, including hospitals, dispensaries, fire stations, post offices, banks, telephones, ambulances, government offices;

(h)

learn how to make reports, whether verbal or written and to give facts in court;

(i)

train themselves to observe, remember, evaluate and report back;

(j)

not loiter, gossip, slouch or look untidy;

(k)

not bully, becomes abusive, or lose his or her temper with members of the public; and

(l)

always be firm but polite while carrying out his or her duties.

16.

Guidance on beats.

The following guidance and considerations shall apply in conducting beats—

(a)

the area of any beat shall be dependent upon the type of locality (residential or industrial), density of population, amount of crime committed in the area, number of men available for beat duty and the hazards thereof;

(b)

the number of officers patrolling a beat at any one time shall be governed by the same factors as govern the size of the beat, but in normal circumstances two beat constables will patrol an area;

(c)

the main functions of beat officers shall be those of every police officer and includes the maintenance of law and order, the preservation of peace, the protection of life and property, collection of intelligence, the prevention and detection of crime and the apprehension of offenders;

(d)

beat officers shall be frequently checked either by a patrolling inspector, N.C.O, patrol car or by any other means;

(e)

to ensure that the beat officers can be given advice, assistance, and any urgent information may be exchanged;

(f)

beat officers shall be fully briefed as to the nature of their beat, present trends of crime in the area and the type of population; and

(g)

officers shall be encouraged to submit reports on what has occurred on their beats during their tour of duty during debriefing.

17.

Patrol areas in rural stations.

(1)

Rural stations shall be divided into patrol areas with well defined boundaries and each area given a number.

(2)

When planning patrol areas, consideration shall be given to policing problems occurring, or likely to occur, as well as the topographical features of the area guide.

18.

Notes to guide patrol in rural areas.

(1)

To ensure the success of patrols police officers shall consider—

(a)

the object of the patrol which includes maintenance of law and order, the preservation of peace, the protection of life and property, collection of intelligence, the prevention and detection of crime and the apprehension of offenders;

(b)

patrol method being employed, whether on foot, mounted on motor cycles, using vehicles or a combination of these vis a vis the objects of the patrol and to the nature of the area;

(c)

routes shall be planned so as to cover the area to the greatest advantage and shall use tracks and minor routes;

(d)

the objects of the patrol, the method to be used and the number of personnel available shall be set out to ensure the team is strong enough to enable it to carry out its object effectively;

(e)

thoroughly briefing officers on patrol before departure on—

(i) the object of the patrol,
(ii) trends of crime in the area to be patrolled and the action to be taken in crime prevention and detection;
(iii) contact points including chiefs’ camps, police posts, roads inter sections, health centers, farm houses, shops;
(iv) unoccupied premises to be visited;
(v) assistance to neighboring police formations;
(vi) the necessity of acquiring local knowledge, and of co-operation with farmers, local elders and other government officials; and
(vii) use of patrol books which shall be filled at the predetermined contact points; and
(f)

liaison with patrols from neighboring jurisdictions.

19.

Patrols-element of suprise.

Patrol teams shall not consistently follow the same routes, further, motor transport should be used as much as possible to conduct their patrols or as a base from which the patrol teams operate.

20.

De-briefing.

(1)

A patrol team returning to its headquarters shall be debriefed on arrival and this may include—

(a)

a report by the patrol team of duties performed;

(b)

specific objects achieved; and

(c)

any other information or intelligence that may have been collected.

(2)

Patrol books and registers shall be maintained in accordance with Chapter 59 of these Orders and entries in the "briefing" and "debriefing" columns of the register shall be as concise consistent, and clear.

21.

Night rounds.

All County and Formation Commanders shall ensure that a system of "Duty or Orderly Officer" is drawn up from amongst the Inspectorate and Gazetted Officer covering the periods outside normal office hours and Public Holidays that ensure a "Duty Officer" performs at least two night rounds per week.

22.

Public holiday.

(1)

A police officer shall not be granted leave between 4th December and 4th January, save in exceptional circumstances where the officer concerned is not engaged in executive duties.

(2)

Parades and lectures shall be discontinued between the period in sub paragraph (1) and all ranks shall be ready to deal with any crime or accidents that may occur.

(3)

Gazetted officers shall visit stations under their command during holidays.

(4)

Gazetted officers and inspectors shall perform additional night rounds to prevent offences against property.

CHAPTER 33 – EVIDENCE AND PROPERTY (EXHIBITS, LOST AND FOUND PROPERTY)
1.

Handling of evidence and property.

A police officer shall handle evidence and property seized, recovered, abandoned, lost, found or otherwise in the possession of the Service according to these Orders and any other guidelines as may be issued by the Service.

2.

Marking or labelling of exhibits.

(1)

Exhibits shall be marked clearly.

(2)

The marking under paragraph (1) shall not make the exhibit spoilt, damaged or depreciate in value.

3.

Expert evidence.

All exhibits which require expert opinion shall be escorted to the expert for analysis using the exhibit memo form (C18) and a follow up shall be made until the conclusion of the case.

4.

Handling of evidence.

The principles for handling evidence shall include—

(a)

any member of the National Police Service who has evidence to be placed in the exhibit store shall make an inventory of that evidence and where it was found or recovered and the inventory shall include –

(i) description of the item including make, model number, and serial number, if any;
(ii) source of the evidence; and
(iii) name of person primarily responsible for collecting the item.
(b)

the impounding officer shall properly handle, mark, and package all evidence, and transport all physical evidence to the evidence room, or other authorized secure location as soon as possible;

(c)

evidence of a hazardous nature shall be appropriately packaged and stored in accordance with established National Police Service Orders and state law and such substances may include items exposed to or contaminated by communicable diseases, hazardous chemicals or waste products, explosives or highly combustible products;

(d)

any police officer taking possession of any property or evidence in the course of his official duties shall deposit the property in the exhibit store as soon as practical and Property obtained in the course of official duties shall not be kept in any office, locker, or any other place longer than is necessary to move it to the exhibit store, police yard, safes, government pounds, cash box, lockable cabinets, armories, and armories steel boxes except as otherwise stated;

(e)

property coming into the possession of a police officer, in the course of his/her official duties as exhibit shall not be sold, given away, junked, destroyed, or disposed of in any manner other than by a court order or by provisions in the Criminal Procedure Code and in these Orders provided there is proper proof of ownership;

(f)

perishable exhibits, or subject to rapid decay shall as far as practicable be delivered to the experts in its original state; and

(g)

police officers shall not use exhibits obtained in the course of investigations for whatever purposes other than for legal requirements.

5.

Disposal of exhibits (Narcotic and Psycotropic Substances)

(1)

The respective Deputy Inspector-General and the Director, Directorate of Criminal Investigation shall designate a police officer not below the rank of Chief Inspector to monitor the entire drug destruction process.

(2)

Prior to the scheduling date of destruction, the designated police officer shall—

(a)

select a random sample of the items designated for destruction; and

(b)

have these items quantitatively and qualitatively tested by the government chemist.

(3)

On the date of destruction, the designated police officer shall—

(a)

monitor the loading of the items to be destroyed, accompany the items to the destruction site, and observe the destruction process;

(b)

during the destruction process, select a random sample of items to be destroyed and have these items quantitatively and qualitatively tested by the Government Chemist and compare these results with prior test results conducted by the laboratory;

(c)

if no discrepancies are found, shall return the items to the exhibit store to include in the next planned destruction;

(d)

if any discrepancies are found, immediately notify the commanding officer of the internal affairs function unit, who shall immediately initiate an appropriate investigation;

(e)

prepare a destruction certificate at the time of destruction; and

(f)

after the completion of the destruction process, submit a report to the commanding officer of the internal affairs function unit that shall include—

(i) the date, time, and location of the destruction;
(ii) an inventory of the items destroyed;
(iii) a list of those present at the destruction; and
(iv) the results of the random tests made before and after the destruction.
6.

General provision on evidence.

(1)

Police officers shall always respect the property of others and shall protect the value and usefulness of the property of others in the custody of the Service.

(2)

Property seized by the Service shall be returned to its’ rightful owner as soon as it is apparent that it shall be of no use in any court action including appeals.

(3)

The Service shall not return property to an individual if possession of that property is illegal.

(4)

Any person who notifies the police of the finding of property, which is determined not to be reported lost, stolen, contraband or evidence of a crime and who wants to retain possession of that property, shall be advised of the provisions of section 63 of the National Police Service Act (Cap. 84).

(5)

The Police Officer shall take photographs of all evidence which cannot be preserved in its original condition at the time of seizure and the officer photographing the evidence shall be able to testify as to the accuracy of what the photographs depict.

(6)

Any property seized by the Service shall be processed according to the law.

7.

Guidelines.

A member of the Service shall not convert any property found, recovered or evidence held for disposition by the Service, to their own use or have any claim against it unless they are the legal owners of property.

CHAPTER 34 – EXAMINATIONS AND PROMOTIONS
1b.

Promotions generally.

(1)

The commission shall determine all promotions within the service upon recommendation from the Inspector-General in consultation with the Service Board.

(2)

All promotions shall be based on merit.

(3)

All police officers shall be accorded equal opportunities for promotion.

(4)

The basis of all promotion shall be in accordance with standards relating to job descriptions and specifications as approved by the commission in the Scheme of Service for the Service.

2.

Determination of promotions.

(1)

Promotions shall be determined—

(a)

by existence of an appropriate vacancy;

(b)

on an office satisfying the criteria for promotion; or

(c)

on an officer successfully undergoing promotional course or training.

(2)

In determining promotions, an officer’s disciplinary record shall be taken into consideration.

(3)

An officer who is found guilty of a disciplinary offence may not be considered for promotion until after the lapse of six months from the date of disciplinary offence.

3.

Criteria of promotions.

(1)

The Commission or the Inspector-General may advertise certain vacancies as determined by the Commission that may result to promotion of officers within the Service in line with these regulations.

(2)

A member of the Service may apply for a position in the Service that entails a promotion from his or her current position.

(3)

The Deputy Inspectors-General, the Director of Criminal Investigations shall on behalf of the Inspector General and on a continuous basis recommend suitable officers for promotion to the Commission.

(4)

All staff of the Service shall be accorded equal opportunities for promotion by the Commission subject to established policies on affirmative action.

(5)

The Commission shall in consultation with the Service develop a Human Resources Manual and Scheme of Service for the Service.

(6)

The Human Resources Manual and Scheme of Service may incorporate the Service promotion boards for Promotions provided under this Chapter, in the procedure of promotion of officers in the Service.

4.

Service promotion boards.

(1)

Service Promotion Boards provided under paragraph (11) shall on behalf of the Inspector-General carry out interviews for candidates seeking to be promoted in the Service and after such selection, forwards the names of the officers through the Service channels to the Inspector-General who shall submit the names of the officers to Commission to be considered for promotion.

(2)

Service Promotion Boards shall be required to keep minutes of all their meetings and records on each officer interviewed for perusal and audit.

5.

Actual promotion.

(1)

Promotion shall commence on a written confirmation by the commission, however the officer may take an office or position in an acting capacity until he or she is confirmed into the rank.

(2)

During the acting period under h (1), the police officer shall be expected to prove his suitability for the considered promotion vacancy and such officer shall ensure before the lapse of the acting period he has obtained all requisite qualifications as set out in Tables I and II of part I of paragraph 15.

(3)

During such acting period, the police officer is considered unsuitable for the acting position, or at the end of the acting period, the officer has not obtained all requisite qualification, such police officer shall be revert to their substantive office.

6.

Approval of promotions.

(1)

Upon approval of a promotion of a police officer by the Commission, the promotion may take effect on—

(a)

a current date; or

(b)

subject to h (1), the date upon which the officer started working in an acting capacity on a higher rank, provided that such officer was appointed to act in a substantive vacancy at the time of such appointment and has passed all the requisite examinations applicable to the higher rank.

(2)

A police officer who has been appointed by the National Police Service Commission to act in an office that requires a higher rank in a substantive vacancy shall complete a minimum of six months satisfactory service before being considered for promotion in to that rank.

(3)

Exceptions may be made to the application of this paragraph by the Commission in consultation with the Service in the interest of the Service.

7.

Security vetting for inspectors and above rank of inspector.

(1)

In every selection process for promotion of police officers to the rank of Inspector and above, up to and including Senior Superintendent, the National Police Service Commission and the Service promotion boards, shall as a basis for such promotion, require all police officers being considered for such promotion to undergo security vetting by the National Security Intelligence Service officers.

(2)

An officer who has been found guilty of a disciplinary offence within six months immediately preceding the date of commencement of the selection process of promotions under this Chapter, relevant regulations or guidelines shall not be eligible to apply for promotion in the Service.

8.

Peformance evaluation and approval.

(1)

The Service and the Commission shall within six months from coming into force of these Standing Orders establish performance appraisal systems in the Service which shall be regular and mandatory.

(2)

The Commission shall, in determining the suitability of a police officer for promotion, take into account the appraisals of the officer.

9.

Applying for a position that entails promotion.

(1)

The provision of these Standing Orders on principles applicable and procedure for applications for recruitment shall, with necessary modifications apply to promotions in the Service.

(2)

The Commission shall cause to be kept an up to date accurate record of every proceeding of all officers promoted and the officers being considered for various promotions and in the Service.

10.

Appeals.

(1)

A member of the Service may appeal to the Commission against a promotion, delay or failure to promote, or demotion of an officer.

(2)

An appeal shall be in writing and shall be made within thirty days, of the decision appealed against.

(3)

The Commission may accept and determine an appeal out of time when there is good reason to do so.

(4)

The Commission shall establish a panel to hear a case, the composition of which shall depend on the issue being raised on appeal and the rank of the person involved.

(5)

The panel shall consist of—

(a)

a commissioner to chair the panel;

(b)

an officer from the same service as the officer appealing designated by the Inspector-General or Director of Criminal Investigations;

(c)

a human resource officer from the Service of the concerned officer; and

(d)

any other officer who possesses the knowledge and skills that are found necessary for the functions of the panel.

(6)

The panel shall consider the appeal within twenty one days and make recommendations to the commission for the Commission’s consideration and final decision.

(7)

The decision and reasons for the decision shall be submitted to the officer by the Commission, through the Inspector-General within fourteen days of the receipt of the panel’s recommendations.

11.

Service Promotion Boards.

The Inspector General in this Orders has established boards to be known as Service promotional boards to advice the commission on issues relating to promotions.

12.

(1) The Kenya Police Service, Administration Police Service Directorate of Criminal Investigations, The internal Affairs Unit and The national Police Service Headquarters and they shall each establish promotion selection boards, and—

(a)

Board 3 shall handle selections for promotions up to the rank of Constable to Corporal, Corporal to Sergeant and Sergeant to Senior Sergeant;

(b)

Board 2 shall handle selections for promotions of police officers of the Senior Sergeant to Inspector, inspector to Chief Inspector and Chief Inspector to Assistant Superintendent; and

(c)

Board 1 shall handle selections for promotions of police officers of or above the rank of Assistant Superintendent.

(2)

The promotion selection boards shall be based at the Stations/Wards, sub-county, County, and Services/Directorates Headquarters.

13.

(1) The membership of the respective promotion selection boards shall be as determined by the Deputy Inspectors-General and the Director Criminal Investigations, The Director, Internal Affairs Unit and the Inspector-General.

(2)

The respective boards shall keep a record of every proceeding regarding the promotion of any officer.

14.

(1) The following shall constitute members of the promotion selection boards in the Service—

(a)

Service/Directorates headquarters Promotion selection boards;

Board One: Only at the Service/Directorates headquarters

(i) D-IG/DCI/D-IAU–chairperson;
(ii) Staff Officer- Personnel(HR)-Secretary;
(iii) Two Nominated County/Formation/Unit Commanders-Members; and
(iv) One other co-opted member either from DCI/IAU/APS/KPS-Member.

Board Two:

(i) Deputy Principal to the D-IG/DCI/D-IAU–chairperson;
(ii) Staff Officer- Personnel(HR)-Secretary;
(iii) Two Nominated County /Formation/Unit Commanders-Members; and
(iv) One other co-opted member either from DCI/IAU/APS/KPS-Member.

Board Three:

(i) A nominee of the D-IG/DCI/D-IAU–chairperson;
(ii) Staff Officer Two- Personnel(HR)-Secretary;
(iii) Two Nominated County/ Formation/Unit Commanders–Members; and
(iv) One other co-opted member either from DCI/IAU/APS/KPS-Member.
(b) the County/Formation/units Promotion selection boards:

Board One:

(i) County APS/KPS/DCI/IAU Commanders/Officer Chairman;
(ii) Deputy County Commander/Officer Member;
(iii) One Sub-County Commander Member;
(iv) Staff Officer (Administration) APS/KPS/DCI/IAU Secretary; and
(v) One other co-opted member either from APS/KPS/DCI/IAU Member.

Note— Sub-County Commanders should serve in rotation. In the event that the sub county members are candidates for the promotion, the County commander may invite neighboring county commanders to sit in their place.

Board Two:

Members

(i) Deputy County APS/KPS/DCI/IAU Commanders/ Officer-Chairman;
(ii) Two Sub-County Commanders-Member;
(iii) Staff Officer (Administration) APS/KPS/DCI/IAU–Secretary; and
(iv) One other co-opted member either from APS/KPS/DCI/IAU–Member.

Board Three:

Members

(i) A nominee of the County APS/KPS/DCI/IAU Commanders/Officer-Chairman;
(ii) Two Sub-County Commanders Member;
(iii) Staff Officer (Personnel/Administration) APS/KPS/DCI/IAU Secretary; and
(iv) One other co-opted member either from APS/KPS/DCI/IAU Member.
(c) Sub- County/Divisions/Companies/Board:

Board Two:

Members

(i) Sub County APS/KPS/DCI/IAU Commanders/Officer Chairman;
(ii) Two Station/Ward/platoon/APS/KPS Commanders and for DCI/IAU two members nominated by the sub county Officer Member;
(iii) Staff Officer Personnel/administration APS/KPS/DCI/IAU Secretary; and
(iv) One other co-opted member either from APS/KPS/DCI/IAU Member.

Board Three:

Members

(i) Deputy sub County APS/KPS/DCI/IAU Commanders/Officer - Chairman;
(ii) Two Station/Ward APS/KPS Commanders and for DCI/IAU two members nominated by the sub county Officer - Member;
(iii) Staff Officer Personnel APS/KPS/DCI/IAU - Secretary; and
(iv) One other co-opted member either from APS/KPS/DCI/IAU - Member;
(v) Station/Ward Promotion Selection Boards.

Board three

(i) Station/Ward Commander APS/KPS - Commanders;
(ii) Deputy Station Ward Commander - Member;
(iii) OCPP/POST Commander - Member;
(iv) Sergeant In charge Lines - Secretary; and
(v) One other co-opted member either from APS/KPS - Member.
15.

Examination requirements.

(1)

The examination requirements for various ranks in the Service are as set out in Table I and Table II of these Regulations and the tables set out the Service examinations which police officers of various ranks shall pass—

(a)

Table I

This lists the details of examination papers, the authorities responsible for setting and marking them and publishing results and the centers at which examinations shall be held.

(2)

The rules and conduct of the National Police Service Examinations are set out in appendix 34(a).

(3)

The Police Law Examinations consist the following subjects—

(a)

Penal Code (Cap. 63);

(b)

Criminal Procedure Code (Cap. 75);

(c)

Evidence Act (Cap. 80);

(d)

any other Acts of Parliament relevant to police duties; and

(e)

station administration and police practical work.

16.

Eligibility for police law examinations.

The following persons shall be eligible to sit for the Police Law Examination—

(a)

direct entry Inspectors (specialists and General Duty);

(b)

graduate Police Constables; and

(c)

officers of other ranks confirmed in their appointment.

17.

Gazetted officers examinations.

(1)

Gazetted Officers shall be required to take the Gazetted officers examination which comprises the following subjects—

(a)

administration of the law;

(b)

administration of the service;

(c)

stores, procurement and accounting;

(d)

financial accounting and management; and

(e)

appreciation, organization and planning (operation standards).

(2)

Before the gazzetted officers leave the training institution, the examinations referred to under h (1) shall be taken by such officers as final examinations.

18.

Police Service technical subjects.

(1)

The technical subjects for police examinations shall include the following—

(a)

Transport Inspectorate Examinations—

(i) technical principles;
(ii) station administration and practical work; and
(iii) movement of vehicles and related matters;
(b)

Communications Inspectorate Examination;

(i) communications;
(ii) station administration and practical work; and
(iii) technical.
(2)

The officers who have passed the examinations in paragraph (1) and wish at a later date to join the general duties shall be required to pass the Police Law Examination.

19.

Promotional courses.

(1)

Every officer in the Service shall, before applying for a promotion in the Service, ensure all requisite training courses for the rank such officer wishes to apply have been successfully completed.

(2)

The Service and the Commission shall ensure all officers have equal opportunities for career advancement.

(3)

All police officers are advised to pass the requisite examinations as early as possible in their career and to take advantage of early training courses and promotion courses.

20.

Exemptions from police law examination and Gazetted Officer Examination.

(1)

The Inspector-General may exempt a police officer from taking Police Law Examination and Gazetted Officers Examination, upon an application made by such officer in the prescribed format and if the Inspector-General is satisfied that such officer has passed an equivalent or higher examination in another service or recognized institution, such officer shall be exempted from taking the examination.

(2)

The order for the exemption reffered to in paragraph (1) shall be published in Service Weekly Orders.

21.

Exemption from Transport/communcation police Examination.

(1)

The Inspector-General may, on the recommendation of the Chief Transport Officer or Chief Communications Officer as the case may be, exempt a Transport or Communication Officer who has passed the City and Guilds examination from the technical question paper.

(2)

Every officer who has passed the General Duty Police Law Examination shall be required to pass the Transport of Communications Police Law Examination.

22.

Police Examination Syllabi.

The syllabi for all examinations in the Service shall be as set out in Appendix 34(a) of these orders—

(a)

Table I sets out the service examinations which police officers of various ranks are required to pass; and

(b)

Table II lists the details of examination papers, the authority responsible for setting and marking the examinations and publishing results and the centre at which the examination shall be held.

23.

Notification of examination date.

The dates on which various examinations are to be held shall be published and publicized by the C.T.O, C.C.O or Commandants, Administration Police Senior Staff College, Kenya Police College, as the case may be to the County Formation Commanders, after clearance with Services and Directorate Headquarters and published in County, Formation, Unit or Station Weekly Orders.

24.

Application to sit for an Examination and penalty for discredible failure.

(1)

Tables I to III or appendix 34(a) shall provide the examinations which a police officer may apply for and the penalties for discreditable failures for examination.

(2)

An officer shall be eligible to apply for the Police Law Examination including Transport and Communications Examination upon confirmation of their appointment by the National Police Service Commission.

25.

Review of examinations

(1)

For the purposes of harmony across the Services, the following examinations shall be reviewed from time to time by the examinations board to ensure the examinations are standardized and meet the current requirements of the Ministry of Education.

(2)

The stages and procedures for promotion in the Kenya Police Service provided in Tables I to IV of this Chapter shall be adhered to by all the concerned parties.

Examination and Promotion

TABLE I

A

B

C

D

E

Examination

Rank of officers required or permitted to Sit examination.

Qualifications bestowed byexamination.

Period allowed before penalty imposed forfailing to qualify.

Nature of penalty liable to be imposed on expiry of period shown in column D.

1.Service EnglishExamination

Constables.

Qualifies officer tosit for the PoliceLaw examination.

No time limit.

A officer shall not sit for Police Law Examination until he or she has either;(a) passed the Service English Examination; or(b) been granted exemptionthere from (see table II)

2.Police LawExamination

(i) Junior officers who—(a) have passed or beenexempted from theService EnglishExamination; and(b) have been confirmedin their appointment,(ii) Inspectorate on direct appointment to theService.(iii) Inspectors on transferfrom other Services.

(i) Qualifies for considerationfor promotion to the rank of Inspector.(ii) Qualifies for consideration forconfirmation in the permanent andpensionable’ establishment.(iii) Qualifies forconsiderationfor increment.(iv) Qualifies forconsiderationfor promotionto the substantiverank ofInspector.

(i) No time limit,(ii) 2 years(iii) 2 years(iv) 2 years.

(i) No penalty for Juniorofficers.(ii)(a) Officer cannot beconfirmed and, his/herprobationary appointmentmay ultimately be,terminated (b) Incremental penalty.(c) Further promotions deferred.(iii)(a) Incremental penalty.(b) Further promotion deferred.(iv) Reversion to substantiverank or termination ofservice in public interest.

3. The GazettedOfficers’Examination.

(i) AssistantSuperintendents ofPolice who havebeen appointed bythe national PoliceService Commission(ii) Superintendent ofPolice (on transferfrom anotherService).

(i) Qualities forconsideration forpromotion to thesubstantive rankof Superintendent,(ii) Qualifies forincrement and/orpromotion.

(i) 2 years(ii) 2 years

(i) (a) Reversion to Substantive rank.(b) Termination of service inpublic interest.(ii) (a) Incremental penalty.(b) Further promotion deferred.(c) Termination of appointment in public interest.

4. TransportInspectorate.

(i) Junior officers who:-(a) have passed or beenexempted from theService EnglishExamination.(b) are establisheddrivers.(c) have been confirmedin their appointment,

(i) Qualities forconsideration for promotion to the rank ofInspector withinthe Transport Branch.(ii) Qualifies forconsideration forpromotion tosubstantive rank of Inspector within TransportBranch.

(i) No timelimit.(ii) 2 years.

(i) No penalty for Juniorofficers.(ii) Reversion to substantiverank or termination ofservice in public interest.

5.CommunicationsInspectorate.

(i) Junior officers who:-(a) Passed or beenexempted from theService EnglishExamination.(b) passed the appropriateCommunicationsexamination andbeen confirmed intheir appointment.(c) Acting Inspectors.

(i) Qualifies forconsideration forpromotion to the rank of inspector within CommunicationsBranch.

(i) No timelimit.(ii) 2 years.

(i) No penalty for JuniorOfficer.(ii) Reversion to substantiverank or termination ofservice in public interest.

TABLE II

A

B

D

E

F

G

H

I

J

Examination

Venue

Subjects & timing

NO. ofquestions

Maximummarks

Passmarks

Set by

Marked by

Publication

Exemption

1. ServiceEnglishExamination

As declaredby County/Unit Commanders.

APRIL-DECEMBER.Dictation30 mmGrammar45/ mmComprehension45minComposition. lhr

8 questions

100

55

RESPECTIVECOLLEGES

RESPECTIVECOLLEGES

County/UnitWeeklyOrders.

Officersinpossession ofKSCE orKCE witha pass inEnglishlanguage.GraduatefromrecognizeduniversitiesLawgraduates.

2. Police LawExamination

As declaredby County/Unitcommanders.

February andAugust(a) Penal Code.(b) CriminalProcedureCode, 2009.(c) EvidenceAct, 2009.(d)StationAdministration and PracticalWork.(e) Local Acts.

8 questionsper paper.Candidate to answer 5.

100 perpaper.

55% perpaper

RESPECTIVECOLLEGES

RESPECTIVECOLLEGES

County/UnitWeeklyOrders.

See para2 (a)above.

3. TheGazettedofficers .4.Examination.

KenyaPoliceCollege

MAY ANDNOVEMBER1st day(i) ServiceAdministration(ii) FinancialAccounting.(iii) StoresAccounting.2nd day.(i)Administrationof Law.(ii)AppreciationOrganizationand Planning

5questions

100perpaper

55%perpaper

RESPECTIVECOLLEGES

RESPECTIVECOLLEGES

Results shallbe notified toCounty/UnitHeads byServiceHeadquarters.

Seepara 2(a)above.

TABLE II CONTINUED

Examination

Venue

Subjects&timing

NO. ofquestions

Maximummarks

Passmarks

Set by

Marked by

Publication

Exemption

4.TransportInspectorateexamination.

ServiceHeadquartersNairobi.

FEBRUARYANDAUGUST1. TechnicalPrincipals.2. StationAdministrationand Practicalwork.3. Movementof vehicles andrelatedmatters.

8 questions,twocompulsory.Candidatesto answerany 3 out oftheremaining6. Same asforG.D.I.P.8 questions,2compulsoryandcandidatesto answerany 3 out oftheremaining6.

100

55

CTO

By aBoard tobenominatedby CTO.

TABLE III - CONSTABLE TO CORPORAL AND CORPORAL TO SERGEANT.

Personnel

County Selection

DepartmentalRecommendations

Headquarters Selection

Promotion

(i) Generalduties, DCI,Transport,Communications,GSU & PoliceBand.

Having received anallocation ofcourses vacanciesfrom ServiceHeadquarters,County/UnitCommander, afterobtaining theadvice of theCounty/Unit Board,shall select suitablecandidates to attendthe appropriatepromotional courseat the Kenya PoliceCollege.

To be sent to CommandantKenya Police College onform P.137 together withcopy of minutes ofCounty/UnitPromotion Board.

On the conclusion of thecourse the headquartersService promotion board shallexamine candidates’ coursereports and submitrecommendation to theInspector-General.

Promotion byInspector-General.

(ii) CID,Transport andCommunications.

Recommendationsby PCIO, PTO, coto be submitted tothe DepartmentalHead who shallhold PromotionBoard from thosenominated.

Departmental Head toforward recommendationto Service Headquarters,together with thecandidate’s Sub-Countypersonal File and ServiceRegister and the originalminutes of the Board.

Examination of Board’sminutes, candidate’s recordand other relevant materialand recommendations to theInspector-General byHeadquarters Servicepromotion board. Note:-Inview of Possibility of transferto general duties, it isdesirable that candidatesshould attend appropriatecourse at K.P.C. beforequalifying for promotion.

Promotion byInspector-General.

Personnel

County Departmental

Course Reports

Board Interview

Promotion

(i) GeneralDuties andD.C.I

(a) Having passed all subjects in the Police LawExamination(b) Having passed aptitude test at appropriate level.(c) Having passed County/Unit promotion Board, selected candidates to attend promotion course at K.P.C

Recommendations to besent to K.P.C. on P.137together with a copy ofCounty Promotion Board minutes. Course Reportsand recommendations byCommandant togetherwith County/Unit Commanders’ report to Headquarters Servicepromotion board.

Interview by HeadquartersService promotion board at the Police College, S.O. (A) 3 Service Headquarters to act as Secretary.

Promotion byInspector-General.

(ii) Band

Recommendation by Presidential Escort Commander to Service Headquarters.

Recommendation onP.174

Interview by Headquarters Service promotion board.

Promotion byInspector-General.

(iii) GeneralService Unit(G.S.U)

Unit Board to select suitable candidates to attend promotion course at the Units Training School. Shall have passed aptitude test at required level and all subjects in Police Law Examination.

Course report togetherwith Commandant’sService promotion board.

Interview byHeadquarters Service promotion board.S.O.(A)3, ServiceHeadquarters to act as secretary.

Promotion byInspector-General.

TABLE V (CONTINUED)

(iv) TransportandCommunications

(a) Having passed allsubjects in therequisite specialistPolice LawExamination.(b) Having passed theaptitude test atappropriate level.(c) Recommendationfrom County /Unitcommander toCTO/CCO. ChiefTransport or ChiefCommunicationsOfficer recommendsto ServiceHeadquarters. Note:In view of possibilityof transfer to generalduties, it is desirablethat candidatesshould attend aS.O.LP course atK.P.C beforequalifying for CountyBoard.

Specialist course or K.P.Ccourse reports andrecommendations onP.174 by CTO/CCO toHeadquarters Servicepromotion board togetherwith minutes of UnitPromotion Board.

Interview byHeadquarters’ servicepromotion board. SO(A) 3, ServiceHeadquarters to act assecretary.

Promotion byInspector-General.

TABLE VI -INSPECTOR TO CHIEF INSPECTOR

Personnel

County/Departmental Recommendations.

Reports Required.

Board Interview

Promotion

(i) General duties(including K.P.Cand G.S.U)

Recommendation by County or Unit Commander toService Headquarters.

Form P.174 (seven copies)together with minutes ofCounty/Unit PromotionBoard.

Interview by HeadquartersService promotion board. S.O (P)3 to act as Secretary.

Promotion byInspector-General.

(ii) D.C.I,Transport andCommunications.-

Recommendation by Departmental Heads to Service Headquarters. (Recommendations in respect of officers serving in Counties/Units shall be forwarded to Departmental Heads through County or Unit Commanders who shall endorse their own recommendations).

Form P.174 (seven copies)together with minutes ofCounty/Unit PromotionBoard.

Interview by HeadquartersService promotion board with the Head of the specialist Branch in attendance. S.O. (P) 3 to act as Secretary.

(iii) Band.

Recommendation by Prescott Commander to Service Headquarters. Form P.174 (seven copies)

Interview by HeadquartersService promotion board with Prescott Commander in attendance. S.O. (P) 3 to act as Secretary.

Promotion byInspector-General.

TABLE VII

INSPECTORATE – GAZETTED OFFICER

Personnel

County/DepartmentalRecommendation

Interview

CourseReports

Public Service Commission Interview

Promotion

(i) AII officersincludingSpecialists

Recommendation byCounty or UnitCommander toService Headquartersfrom those who haveattended supervisorycourse or overseas orwho are academicallyor otherwiseconsidered suitable(seven copies of p.7and pen pictures inrespect of eachcandidate signed bythe County/UnitCommanderpersonally required)Recommendation byCounty/Heads ofDepartment inrespect of their staffshall be sent toDepartmental Headthrough the County/Unit Commander forendorsement andsubmission byDepartmental Headto Service Head.

Interview by headquarterspromotion Board toselect suitablecandidate for furthertraining at the K.P.C

Supervisorycourse/K.P.C/Overseascourse reportsand recommendation byCommandantrespectivecolleges toInspector-General forsubmission tothe NationalPolice ServiceCommission

Interview byNational PoliceService Commission

The Public Service Commission approves promotion subject to thecandidate.a) assessing the Gazetted Officers examination; andb) giving satisfactory services as acting Superintendent.(ii)

(ii) Nursingstaff

Promotion of the staff employed at the Utumishi Hospital shall be subjected to the candidate passing therequisite examination qualifying for advancement and shall be by the Inspector-General or ServiceCommission as the case may be. Views of the Medical officer of the hospital shall be taken into consideration

(iii)G.S.U.

Unit Bard to selectsuitable candidates toattend appropriatepromotion course atthe Unit TrainingSchool.

Recommendation by DirectorGeneral Service Unit toService Headquarterstogether with appropriatepromotional course reportand original Board minutes,Personal Files Registers.

Examination of Board’s minutescandidate’s record and otherrelevant material andrecommendation to theInspector-General byHeadquarters Service promotionboard.

Promotion byInspector-General ofPolice.

(iv) Band

Presidential EscortUnit to select suitablecandidate to attend appropriatepromotion courses atNPSC.

Recommendation by PrescottCommander or CommandantNPSC in respect of Corps of Drums to Service Headquarters together withthe candidates’ Sub-County Personal File and Service Register.

Examination of candidate’srecord and other relevantmaterial and recommendation to the Inspector-General byHeadquarters Service promotionboard.

Promotion byInspector-General of Police.

26.

Administration Police service training and examinations.

The Administrative Police Service shall administer examinations to the Administrative police officers and such examinations shall be reviewed from time to time to conform to the Service functions and mandate.

27.

Trainee examinations and in-service open learning examination.

Every police trainee shall register for the requisite training at the approved police training institutions and centres and attend the training registered for, full time or as may be determined from time to time by the Administration Police Training Board.

28.

Police trainee examinations.

(1)

A police trainee shall register and undertake the following trainee examinations—

(a)

Direct entry inspectorate law examination;

(b)

Diploma in policing examination-basic training;

(c)

Advanced diploma in policing examination;

(d)

Border operations and humanitarian intervention examination-BPS;

(e)

Operation and exercise planning examination-KFTS;

(f)

International human rights law and International humanitarian law examination–BPS;

(g)

APPRT-basic training;

(h)

Special to role examination-KFTS;

(i)

Combat and tactical skills examination–KFTS;

(j)

Gazetted officers competence examination; and

(k)

Inspectors law enforcement and competence examination.

29.

Gazette Senior Officers Leadership and Management Examination.

Every in service officer shall be expected to undertake the Gazette Senior Officers Leadership and Management Examination which comprises the following—

(a)

APPRT-Advanced;

(b)

Police procedure;

(c)

Middle level officers, leadership, command and control examination;

(d)

General policing laws; and

(e)

Gazette Senior officers leadership and management examination.

30.

Attendance and course requirements.

Every police trainee shall be expected to register for training at approved police training institutions and attend the requisite course seminar for a period determined by the Deputy Inspector-General Administration Police Service.

31.

Research project work.

(1)

Every police trainee shall undertake a research based project, the research based project shall encompass a police service oriented basic research based practical work.

(2)

For purposes of this paragraph, a research method project means a research carried out by one police trainee or where circumstance dictate otherwise, a maximum of two police trainees.

(3)

Every research undertaken by police trainees in accordance with this paragraph shall—

(a)

attempt to solve a problem using practical methods or orientations;

(b)

be evaluative and descriptive or research based; and

(c)

have well defined objectives and designed to exhibit creativeness and innovativeness.

(4)

The management and the assessment methods of research project undertaken by police trainees pursuant to this paragraph shall be determined by the examining body and the training institution.

(5)

A copy of the research project undertaken by police trainees shall be submitted to Administration Police Service Directorate of planning, training, reforms and research for implementation.

32.

Examination and award of certificates.

(1)

The Administration Police Service shall assess, examine, promote and award certificates to police officers in the Administration Service in the following manner—

(a)

Assessment

(i) Assessment of the police training course shall be competency based and officers shall sit for their examination at established centers by the Administration police Service.
(ii) Police officers shall sit for their examinations at established centers and assessments for such examinations shall be done competently by the Administration Police Service.
(b)

Examinations and promotion

(i) The training institutions shall conduct course work or project work assessments based on the competences acquired during the training. The institutions shall offer Continuous Assessment Tests (CATs) and a final externally moderated examination at the end of each Term. CATs shall constitute 30% of the total score while final examination shall constitute 70 % of the final mark. C.A.Ts shall be administered to officers who are on training.
(ii) The course work, project work or assessments shall also be used during the re-entry to the course or for the award of credit transfer.
(iii) The examinations offered at the Administration Police Training Institutions shall be the sole basis for any administration police officer promotion unless the officer demonstrates competence to warrant promotion on merit.
(c)

Examination Results

(i) In order for police trainee to qualify for the award of Certificate, the trainee shall pass all the units of the course.
(ii) The results of the police training examination shall as a whole be issued in five classes and published in the weekly order.
33.

Effective teaching methods.

(1)

The training institutions responsible for training administrative police trainees shall adopt teaching methods which are trainee oriented.

(2)

The teaching methods adopted by training institutions in training administrative police trainees shall include but not limited to demonstration, group work, simulation, visits or excursions.

(3)

A member of another service or agency wishing to join the Service shall undergo a nine months basic recruit training in the administration police training centers.

34.

Certification.

(1)

Upon completion of the basic training course, the graduates of the course shall be awarded a Diploma or certificate in the relevant area of training and each trainee shall receive all records of performance, giving the results in terms of class and grade.

(2)

The relationship between classes and grades referred to in h (1) are—

(a)

Pass with distinction;

(b)

Pass with credit;

(c)

Pass;

(d)

Referred; or

(e)

Fail.

(3)

Where a candidate fails a unit which is required for the successful completion of the basic training course, the candidate shall be referred in the failed paper and such candidate shall be allowed to resit for the paper once and shall pass before the lapse of time of the training.

(4)

A candidate who does not comply with the provision of h (3) shall be discontinued and disallowed from resitting the failed examination.

35.

General Examination Regulations.

(1)

Where any inconsistencies arises between the regulations set out in this Chapter and the General Regulations published by the examining body, the Governing Regulations of the examining body shall prevail.

(2)

The prerequisite to undertake the programmes shall be as per the guidelines issued by the Deputy inspector general administration police service.

(3)

Police officers joining the Service from other agencies such as pilots, doctors and lawyers shall be accorded credit transfer in their relevant fields of specialization as per the set guidelines by the National Police Service Commission.

1. The dates of the examination shall be notified in advance and the last date for the acceptance of entries shall be at least one month before the date of the examination.

2. When the dates of the examination referred to in paragraph 1 are notified, the County or Formation Commander shall call for names, of officers who qualify and wish to sit for the examination.

3. Those wishing to sit the examination shall submit their applications to their County/Formation Commanders through Sub County or Formation commanders on the form prescribed at Appendix 34(c) who shall be required to sign the necessary certificate at the bottom of the form so far as it affects other officers’ examinations.

4. (1) The Training institutions shall supply County or Formation commanders with a block allocation of candidates’ index numbers.

(2) Immediately after the last date of acceptance of entries, County or Formation Commanders shall allocate .each entrant an index ‘number and shall forward a nominal roll showing such index, numbers to the Commandant, the respective training institutions, hence the requisite number of papers shall be forwarded to County/Formation Commanders.

5. Only the following officers shall be permitted to sit police law examination—

(a)

junior officers who have—

(i) been confirmed in their appointment and admitted to the permanent and pensionable establishment of the Service; and
(ii) who have passed the Service English examination or have been exempted from doing so;
(b)

direct entry inspectors;

(c)

inspectors who have been transferred from another Service; and

(d)

acting inspectors who fulfil the requirements of subparagraph(a).

6. County or Formation Commanders shall arrange for the examination to be held at convenient centres within the County or Formations.

Invigilating Officers

7. County or Formation Commanders shall appoint invigilating Officers officer for each centre who shall be of Gazetted rank in respect of the police law examination.

8. If any officer is transferred to another province after he or she has entered his or her name for an examination, details should be signalled immediately to the County concerned and repeated to the police college.

9. If an officer is on leave at the time of an examination and still wishes to sit for it, arrangements should be made for him or her to do so with the County which he or she is spending his/her leave index number shall be allocated by the parent County.

10. When County or Formation Commanders have received the examination papers from the respective training institutions, they shall distribute them to the invigilating officers in sealed envelopes, each subject in a separate and clearly marked envelope and the outer envelope containing the question papers shall be addressed to the invigilating officer personally.

11. Invigilating officers shall keep the papers under lock and key until the day of the examination.

12. County Commanders shall supply the invigilating officers with a list showing index numbers and names of candidates who are expected to sit an examination, stating the relevant papers, where necessary.

13. The invigilating officers shall check candidates at the examination centre against the list supplied and shall inform candidates of their index number.

14. The sealed envelopes containing the papers shall not be opened by invigilating officers until the actual time set for the commencement of the subject concerned and shall only be opened in the presence of the candidates.

15. (1) Candidates shall be instructed to write their index numbers only on the top right hand corner of each sheet of the answer paper.

(2) Only one side of the paper shall be used.

(3) Any candidate who includes his or her name, Service number or any other means of identification on the answer paper shall automatically be disqualified.

(4) Disqualification under h (3) shall apply to all papers submitted by him/her in respect of that particular examination and carries the same penalty as would be applicable if the candidate had failed discreditably in each paper he sat.

16. During the examination, candidates shall sit at least six feet apart.

17. Candidates shall receive no help from other candidates, files, papers, books or invigilating officers.

18. Invigilating officers shall not offer any help or opinion on anything connected with the examination paper, except that on request and at his/her discretion, he or she may explain any ambiguity or obscurity in the question paper.

19. (1) Strict silence shall be maintained in the examination room.

(2) Invigilating officers may warn any candidate that if they are found whispering, talking, referring to books cheating or other papers they shall be barred from completing the relevant paper, his/her answers to which shall be cancelled.

(3) Cancellation under h (2) shall carry the same penalty as though the candidate had failed discreditably.

20. A candidate shall not be permitted to leave the examination room during the hours appointed for the examination without finally handing in his or her paper.

21. No candidate shall be allowed to leave within the first thirty minutes nor shall a candidate who arrives later than thirty minutes after the examination has started be admitted.

22. Working dress shall be worn except for DCI officers who may wear plain clothes but shall carry their certificates of appointment for identification purposes.

23. (1) The answer papers shall be collected by invigilating officers at the appointed time.

(2) Any candidate, however, who has completed his or her answers may deliver his or her paper to the invigilating officer before that time provided he or she complies with paragraph 21.

(3) Before a candidate leaves the examination room, the invigilating officer shall ensure that his/her index number is recorded on all answer papers.

24. (1) At the close of each subject, the invigilating officer shall, while in the examination room, prepare and sign the necessary certificate as set out at Appendix 34(d) and attach it to the answer papers. All the documents shall then be sealed in the examination room and the envelope marked:

Signature of invigilating officer ..........................................

Subject ....................................................................

Station ....................................................................

(2) A separate certificate is required for each paper.

25. The invigilating officers’ shall forward the sealed envelopes containing the answer papers and his or her certificate direct to his or her County or Formation commander for onward transmission to the Kenya Police College for marking.

26. Results shall be circulated by the Commandant of the college, to all County or Formations at the earliest possible date.

27. (1) Results shall be published in County or Formation Weekly Orders as soon as notification has been received from the College.

(2) Only passes and discreditable failures shall be published.

28. (1) As soon as all County or Formation results are received, they shall be checked by the personnel section of Service headquarters who shall publish the names of candidates who have passed the whole of the police law examination in the Service orders.

(2) This paragraph shall apply to transport and communications inspectorate examinations except that applications to sit the examination shall be forwarded to them.

(3) The examinations in subparagraph (2) shall be held in Nairobi and CTO or CCO as the case may be, shall nominate an Invigilating officer not below the rank of a Superintendent.

(4) CTO/CO shall obtain from County/Formation Commander in whose County their candidates are index numbers in respect of the candidates who wish to sit the station administration and practical work paper.

(5) Officers who wish to sit the transport/communications examination in addition to the qualifications referred to in subparagraph (4) shall be established drivers in the case of transport inspectorate examination and shall have passed the appropriate examination in case of Communications inspectorate examination.

29. (1) Answer papers, together with invigilating officers’ certificate referred to in paragraph 25 above and duly sealed shall be sent to the CTO or CCO as the case may be.

(2) The CTO/CCO shall arrange for a board of officers to mark the papers.

(3) The station administration and practical work shall be forwarded to the Commandant for respective colleges for marking.

(1) The results shall be published in the Weekly Orders of the Province/Formation in which the officer is serving.

(2) In respect of those candidates who sit for this examination at CID training School, the result shall be published by Kenya Police College.

(3)

TIME TABLE

POLICE LAW EXAMINATION

DAY ONE

PAPER

START

END

1. Penal Code

8.00a.m.

10.00a.m

2. Criminal Procedure Code

10.30a.m.

2.30p.m

3. Evidence Act

2.00p.m

4.00p.m.

DAY TWO

1. Local Acts

8.00a.m.

10.00a.m

2. Station administration and police practical work

l0.30a.m

12.30p.m

30.

The Gazetted officers examination shall be held at the respective training institutions under the supervision of the Commandant, during the months of May and November.

31.

(1) The only officers permitted to sit this examination are—

(a)

acting superintendents, whose appointments to gazetted rank were approved by the Public Service Commission; and

(b)

gazetted officers who have been accepted on transfer from other Services.

(2)

Where there is any doubt as to whether an applicant is eligible to sit this examination, reference should be made to Service Headquarters.

32.

(1) Those wishing to sit the examination shall submit their applications to Commandant for respective colleges through their County/Formation commanders on the prescribed form, who shall check to ensure that the applicant is eligible in accordance with paragraph 5 to sit the examination.

(2)

Any application from an ineligible officer shall be returned by the County/Formation commander to the applicant with a brief explanation as to why he or she is barred from sitting the examination.

(3)

List of qualified applicants showing the papers they wish to sit shall be forwarded to the commandant, respective training institutions, immediately after the last date for acceptance of entries.

Uniform to be worn

33.

Working dress shall be worn except officers from Directorate of Criminal Investigations who may Uniform to wear plain clothes, be worn.

Discreditable Failures

34.

Should any officer fail discreditably in all the papers he or she sits, he or she may be required to refund to the Government any allowances paid to him/her in respect of his/her accommodation and his/her journey to and from the College to attend the examination.

Invigilating Officer G.O Examination

35. The invigilating officer shall be one of the following–

(a)

Commandant;

(b)

Deputy Commandant;

(c)

Chief instructor; or

(d)

Director of studies senior training wing.

36.

All answer papers in respect of all examination held by the Service shall be kept for six months only from the date of the examination, thereafter they shall be destroyed and no queries shall be entertained.

Non Attendances

37.

Candidates who apply to sit for examinations and do not turn up shall be deemed to have discreditably failed unless a proper reason is submitted, which should be forwarded to the with the County or Formation

Papers not applied for

38.

Invigilating officers shall not permit candidates to sit for examination papers for which they have not applied.

Notification of examination dates

1.

(1) The date on which the Service English examination is to be held shall be Notification notified in Service orders three months in advance.

(2) The examination shall be held in April and December and may be taken by personnel below the nation dates rank of inspector.

Examination Centers

2.

(1) County or Formation commanders shall inform the Commandant of the Kenya Police College not later than two months before the examination, of the examination centers within their command and of the total numbers of centers papers required.

(2) The last date of submission of late entries shall be one month before the actual date of the examination.

Index numbers

3.(1)

The Kenya Police College shall allocate block index numbers to County/Formations from where County/Formation commander’s numbers shall allocate to Sub-Counties.

(2)

Immediately after the last date of acceptance of entries, County/Formation commanders shall forward a nominal roll showing such index numbers to the Commandant of the respective training institutions.

Exam papers to be sealed

4.

(1) The examination papers shall be sealed under secret cover and Exam addressed to Sub-Counties.

(2) The papers shall be dispatched to County for papers distribution to the Sub-Counties and other centers.

(3) Papers shall not under any circumstances be opened either at Sub Counties or Counties until the day sealed and the time of the particular examination.

Examination Form

5.

The examination comprises written tests and shall be divided in to the examination following—

(a)

dictation (about 100 words) time allowed — 30 minutes;

(b)

grammar (8 questions)time allowed 45 minutes;

(c)

comprehension, time allowed — 45minutes; and

(d)

composition, time allowed — 1 hour.

6.

(1) The Sub County Commander at each centre shall appoint an invigilating officer who shall not be below the rank of chief inspector.

(2)

The invigilating officer shall unseal the envelope containing the examination paper in the presence of the candidates in the examination room and shall conduct the examination in strict compliance with these rules and the rules set out at Appendix 34(a) and at the end, complete a certificate to this effect.

Timetable.

7.

The procedure for the conduct of the examination shall be as follows—

(a)

the examination shall be taken in accordance with the following timetable—

(i) dictation 9.00a.m - 9.30a.m;
(ii) grammar 9.45a.m - l0.30a.m;
(iii) comprehension 10.45a.m - 11.30a.m; and
(iv) composition 2.00p.m - 3.00p.m;
(b)

(i) candidates shall write their index numbers at the top right hand corner of each sheet of their answer sheet papers;

(ii) no other means of identification shall be used and invigilating officers shall check to see that this has been done when papers are handed in at the conclusion of an examination; and
(iii) candidates shall write on one side of the paper only; and
(c)

at the close of the examination, the invigilating officer shall forward, under escort, to the Commandant, respective colleges the candidate’s papers together with the certificate of invigilating officers as set out at Appendix 34(c).

Marking of papers

8.

(1) On receipt of the answer papers, the Commandant, respective colleges shall arrange for them to be marked.

(2)

The results of the examination papers shall be notified to Counties/Formations who shall publish passes in their Weekly Orders in respect of those candidates who sit for their examination at National Criminal Investigations Academy, the results shall be published by the respective training institutions.

1.

I (Service No.) ................... Rank .............................(name) .........................

wish to sit as a candidate for the............................................

examination being held on......................................................

in the following subjects:

...................................................................

...................................................................

...................................................................

2.

I understand that any candidate who earns less than 30 marks for any particular paper in the examination is deemed to have failed that paper discreditably.

3.

In the event of my failing discreditably any paper of the examination I now wish to sit, I hereby authorize the Inspector-General to deduct from my salary the sum of for each paper I fail discreditably. Similarly, I hereby authorize the Inspector-General of to deduct penalty from my salary in respect of each paper submitted by me which is disqualified due to my contravening the rules governing the examination.

4.

Junior Officers (including acting permanent Inspectors)

(a)

. I certify that I have been confirmed in my appointment as junior officer and admitted to the Permanent and pensionable establishment. I have passed the Service English examination or have been exempted that examination by virtue of having passed the English Language paper at KCSE/KCE level.

(b)

. I further certify that I did not discreditably fail any of the subjects applied for the above at the last two examinations.

Date ..............................................

Signature of applicant

"Not applicable in case of direct entry Inspectors".

I certify that I have checked this application and am satisfied that the candidate is properly qualified as follows –

(a)

Is a direct entry Inspector on probationary terms.

(b)

In case of Junior officers—

(i) Has been confirmed in his/her appointment as junior officer,
(ii) Is qualified to sit the examination by virtue of passing the Service English examination and having a pass at KCSE or KCE level in the English language paper,
(iii) Has not discreditably failed in any of the papers which form the subject of this application in any of the last two examinations,
(c)

I am satisfied that the candidate has a reasonable chance of success.

......................................

Sub-County Commander

Date .................................... Sub-Counties

NOTE:

(a)

This certificate shall be rejected unless it is signed by the Sub-County Commander;

(b)

personally and his or her name typed or printed under his/her signature;

(c)

To be submitted in duplicate to—

(i) Commandant, in respective colleges in respect of police law examination,
(ii) CTO in respect of transport police law examination,
(iii) CCO in respect of Communications police law examination.

1. I certify that I have read and fully understood the orders and instructions for the Examination as contained in Service Standing Orders. The examination room is laid out as per paragraph 16 of Appendix 34(a).

2. I certify that all candidates have been informed of their index numbers and have been instructed in terms of appendix 34(a), para 15, to write their index numbers on the top right hand side of each sheet of answer paper and that in no circumstances shall they write their names, Service numbers, station, division or province on the paper. Candidates were warned of the penalties of cheating as per paragraph 19, Appendix 34(a).

3. I certify that I opened the sealed question papers in the presence of the candidates and that the time allowed for the paper has been strictly adhered to. I further certify that at the end of the examination all candidates papers were collected by me and append-over leaf their index numbers.

4. No candidates received assistance from myself, other candidates, books or papers with the exception of those listed at B (below) who have been disqualified.

A.... The following candidates have failed to comply with Appendix 34(a) paragraph 15 and may be disqualified by the marking board. (List index numbers of candidates who have written names or Service numbers, etc, on their papers).

B ......... The following candidates have been disqualified by me (state reason for disqualification).

Index Number ................ Reason for disqualification .......................

Signature of invigilating officer

Rank ..........................

Station ........................

NOTE: The form to be filled in the examination room by invigilating officer and placed in the envelope with all the answer papers immediately on completion of the examination. Envelope to be immediately sealed in the examination room and endorsed on the outside.

Subject ....................... Station .......................

And dispatched to the County or formation Commander, for onwards transmission to the respective college.

…………………………………………….

Examination

……………………………………………

Subject

Index Number of Candidates sitting the above Paper

Index No.

Index No.

Index No.

Index No.

..................................

...................................

...................................

...................................

...................................

...................................

...................................

...................................

....................................

....................................

....................................

....................................

Invigilating Officer.

Station ................................

Date ...................................

1.

General Paper Grammar

(a)

Singular and plural nouns.

(b)

Active and passive voice.

(c)

Relative pronouns.

(d)

Meaning of words and phrases.

(e)

Common mistakes in English usage.

(f)

Verb tenses.

(g)

Prepositions.

(h)

Idioms and similes.

(i)

Articles.

(j)

Opposites(antonyms and synonyms).

(k)

Punctuation.

(l)

Proverbs.

(m)

Direct and indirect speech.

(n)

Comparative and superlative.

(o)

Word building from various parts of speech.

(p)

Rhyme.

2.

Comprehension

This paper consists of a passage of 1,500 words upon which questions shall be set to test the candidates ability to understand the content and argument of the given text, and to infer information and meanings from it. From the passage, the following types of questions may be set:

(a)

Free response and multiple choice questions,

(b)

Objective type comprehension questions on meaning, vocabulary and structure, although questions may be limited to one of these areas,

(c)

Questions involving words and phrase substitution,

(d)

Questions requiring a change in sentence structure without any change in meaning,

(e)

Questions involving a change in the form of the passage or part of the passage Such as for example shifting dialogue into reported speech or vice versa, or giving main points in note form.

The candidates for this examination are asked to pay attention to response and multiple choice comprehension type of questions. The method used in answering the comprehension questions shall be written in the question paper. The length of the paper shall be a significant factor in candidate’s performance.

3.

Composition

A choice of one of three topics, all carrying the same marks:

(a)

Essay writing on a subject within the range of experience of a Kenya police officer. Account shall be taken of arrangement, subject matter, general expression and command of English. Length 250 to 300 words.

(b)

Letter writing from date given on a common situation choice of words and consciences Length 250 to 300 words.

(c)

Given sentences to be rearranged to form a story. The sentences shall not be in order, and shall give candidates the opportunity to show their ability to expound factual matters with relevance, clarity, economy and accuracy. Special attention shall be paid to these four latter points.

4.

Dictation

A paper of 100 words taken from texts written in normal modern English, to test spelling, punctuation and capital letters, paragraphs, neatness and clarity.

Study Books Recommended Title

Title

Author

Publisher

(a)

Integrated English: A course K.l.E for Kenya Secondary Schools

(Books 1 —4)

(b) Revision English Grammar H.P.Shalliams

Heinman

for Secondary Schools.

Title

Author Publisher

(c) Practical English for

Rodney Besbit

Heinman

East Africa certificate

(Book 1 — 4)

(d) Modern Method

D.W. Greeve &

Nelson

Africa English (Book 1 -4)

J.P Allan

(e) The Skills of English

Austin Bukenya

Oxford

Arnold Curtis

University Press

James Park

(f) English use

J . J. Grant

Longman

(Books 1-4)

K.Barasa F

(g) English in Practice

N. grant

Longman

(h) Thinking and

A.R. Robertson

Longman

Writing

(i) Junior English

J.A. Bright

Longman

Composition and Grammar

(j) English for life

Eva Ndaru

Kenya

Mary Mwinzi

Publishing

Syllabus for Gazetted officers Examination

(a)

Service Administration (5 questions)

Discipline, removal, inspections, accidents to police vehicles, confirmation in appointment, promotions, transfer, surcharges, welfare, examinations, accidents to personnel, allowances and terms of service, pensions and gratitudes, operation rooms, reports and returns.

Time allowed: 2½hrs.

(a)

Financial Accounting(5 questions)

Vote control, revenue, appropriations-in-aid, imprest and financial control, cash books, payments and voucher preparation, roads and rail warrants, safe custody of cash and accountable documents, payments of salaries and allowances, debts, cheques, cash bail and prisoners’ property, losses of money.

Time allowed: 2½ hrs.

(b)

Stores Accounting (5 questions)

Ledgers and inventories, indenting, receipts and issues, control and custody of stores, losses and write-offs, safes, cash boxes, typewriters and duplicators and office equipment, local purchase and expenditure, arms and ammunition, personal issues, clothing and equipment, stationery, bicycles, boards of survey, dress regulation and scales of issues.

Time allowed 2½ hrs.

(c)

Administration of the law

Preparation of case files, forensic investigation and post-mortems, police traps and agent provocateur, exhibits, blood grouping and other human secretions, handwriting and typewriting examination, ballistic, diplomatic privilege, detention in police custody, unlawful confinement, functions and jurisdiction of state courts, traffic problems and offences, use of Service and firearms.

Time allowed 2½ hrs.

(d)

Appreciation, Organization and Planning

A situation set out in narrative form on a policing problem, from which an appreciation shall be made and an operation order if necessary, drawn up to deal with it. Normally, one situation to be set, but two or more short problems may be set if the examiner so desires.

Time allowed 2½hrs.

Syllabuses — police law examination

Police law examination

The Syllabus of this examination is as follows–

(a)

Criminal Law (8 questions candidate to answer any five)

(i) Penal Code.

Interpretation

Territorial application of the code

General rules as to criminal responsibilities

Parties to offences,

Unlawful assemblies, riots and allied offences,

Rescues and escapes,

Offences against morality,

Murder and manslaughter and offences connected with

murder and suicide,

Harm, grievous harm, unlawful wounding, assaults

Thefts,

Offences allied to stealing,

Robbery and extortion,

Burglary, housebreaking and similar offences,

Handling stolen property and allied offences,

Arson, malicious injury to property,

Forgery and offences relating to coins, bank and currency notes,

Attempts, conspiracies and accessories

Time allowed 2hrs.

(ii) Criminal procedure code

Powers of courts,

Arrest, escape and retaking,

Preventive action by police,

Prevention of offences,

Provisions relating to all criminal investigations,

Recording of evidence in trials and inquiries,

Committal of accused person for trial before high Court,

Sentences and their execution,

Appeals,

Inquiries into sudden deaths only.

Time allowed 2hrs.

(iii) Evidence Act

Admissibility and relevancy,

Proof,

Production and effect of evidence except estoppel,

Witnesses.

Time allowed 2hrs.

(b)

Station Administration and Practical Work (8 questions, candidates to answer 5)

(i) Service Standing Orders,
(ii) Service Orders,
(iii) Code of Regulations,

Section I — advances

Section J — allowances

Section L — housing

(iv)

Stores accounting instructions

Time allowed 2hrs.

Transport and Communications officers shall sit the same paper.

(c)

Local Acts (8 questions, candidates to answer 5)

National Police Service Act (Cap. 84)

Scrap metal Act (Cap. 503),

Motor Vehicle Components and Accessories Act (Cap. 520) ,

Firearms Act (Cap. 114),

Traffic Act (Cap. 403) and allied Acts,

Alcoholic Drinks and Control Act (Cap. 121),

Public Order Act (Cap. 56),

Fire inquiry Act (Cap. 103) ,

Wildlife Conservation and Management Act (Cap. 376),

Anti-Corruption and Economic Crimes Act (Cap. 65) .

Time allowed 2hrs.

(2)

Transport Inspectorate Examination

(Candidates for this examination shall be established drivers)

The syllabus of this examination is as follows:

(a)

Technical Principles (8 questions, 2 compulsory and any 3 from the remaining 6 to be answered)

(i) four stroke engine,
(ii) gearbox,
(iii) differential,
(iv) fuel system,
(v) ignition system,
(vi) electrical system,
(vii) steering,
(viii) tyres and road wheels, bleeding the diesel engine fuel system,
(ix) suspension,
(x) clutch,
(xi) towing of vehicles including suspended front and rear towing,
(xii) fire fighting covering petrol, oil and electrical fires with the correct types of the extinguishers.
(b)

Station Administration and practical Work (same as for G.D inspectors).

(c)

Movement of vehicles and related matters (8 questions, 2 compulsory and any 3 from the remaining 6 to be answered).

(i) the Traffic Act (Cap. 403),
(ii) the Highway Code,
(iii) the Kenya Police Drivers Manual,
(iv) vehicle documentation,
(v) instructions for the movement of vehicles detailing rate of travel, rest period and equipment required.

Time allowed 2 hrs

3.

Communications Inspectorate Examination

(The candidates for this examination shall have passed the appropriate communications examination).

The syllabus for this examination is as follows:—

(a)

Communications (8 questions, 2 compulsory and any 3 from the remaining 6 to be answered).

International morse code, "Q" code,

Abbreviations, punctuation signs, etc,

Frequencies in use throughout the Service,

Station identification,

R/T procedure,

W/T procedure,

May Day and Op. Immediate procedures,

Standing orders, communication

(b)

Station Administration and Practical Work

Syllabus for this paper is the same as for G D. inspectors.

(c)

Technical (8 questions, 2 compulsory and any 3 from the remaining 6 to be answered) Ohms,

Direct current,

Conductors insulators,

Magnetism,

Power and energy in simple circuits,

Safety precautions use of fuses etc.

Simple primary cells,

Simple secondary cells,

Battery charging,

Elementary concept of alternating current,

Simple valve theory,

Simple aerial theory,

Basic concept of transmission theory or,

Basic concept of receiver theory,

Basic concept of differences UHF/VHF/HF,

Basic concept of a single side band.

Promotions

For the purpose of guidance, the following minimum qualifications shall be considered as criteria in selecting candidates for promotion to any of the following police ranks.

(a)

Constable to Corporal

(i) The officer shall be confirmed.
(ii) Shall have a minimum service of 4 years.
(iii) Shall have no disciplinary convictions recorded against him/her for the last two years.
(iv) Preferences to be given to those officers who have passed police law examination.
(b)

Corporal to Sergeant

(i) Shall have held the rank of Corporal for a minimum of 2 years.
(ii) No disciplinary conviction recorded against him/her for the last two years.
(c)

Sergeant to Senior Sergeant

(i) Shall have held the rank of sergeant for a minimum of 2 years.
(ii) No disciplinary convictions recorded against him or her for the last two years.
(d)

Sergeant/Senior to inspector rank

(i) Shall have served as sergeant for 2 years.
(ii) Shall have passed the whole of Police law examinations.
(iii) Shall have no disciplinary conviction recorded against him other for the last two years.
(e)

Inspector to Chief Inspector

(i) For G.D personnel

(a)

Shall have served as O.C.S, acted as O.C.S, DIO.C.S, O.C crime or O.C police post in operational areas.

(b)

Experience of at least three years as Inspector

(c)

Two clear years of no adverse report.

(ii) For GSU Personnel

(a)

Shall have served as Deputy Coy Commander or acted as Coy Commander,

(b)

Experience of at least three years as inspector or platoon commander,

(c)

Two clear years of no adverse report.

(iii) For DCI personnel

(a)

Shall have served as Deputy DCIO or in-charge of large investigation team or section,

(b)

Attended one of the DCI courses,

(c)

Experience of at least three years as an inspector,

(d)

Two clear years of no adverse report.

(iv) For other categories

(a)

Should have held a responsible position,

(b)

Experience of at least three years as an inspector, two clear years of no adverse report.

(c)

Two clear years of no adverse report

(f) Inspectorate to Gazetted

(a)

Shall be a Chief Inspector who has been in that rank for at least two years or a graduate confirmed inspector who has served the Service for at least four years,

(b)

Should not have been convicted of a disciplinary offence or be the subject of adverse report in his or her staff appraisal report or be the recipient of a warning letter during the previous three years,

(c)

Shall have attended the senior supervisory course at respective colleges or attended DCIO’s course.

1.

General Paper Grammar

(a)

Singular and plural nouns.

(b)

Active and passive voice.

(c)

Relative pronouns.

(d)

Meaning of words and phrases.

(e)

Common mistakes in English usage.

(f)

Verb tenses.

(g)

Prepositions.

(h)

Idioms and similes.

(i)

Articles.

(j)

Opposites (antonyms and synonyms).

(k)

Punctuation.

(l)

Proverbs.

(m)

Direct and indirect speech.

(n)

Comparative and superlative.

(o)

Word building from various parts of speech.

(p)

Rhyme.

2.

Comprehension

This paper consists of a passage of 1,500 words upon which questions shall be set to test the candidate’s ability to understand the content and argument of the given text, and to infer information and meanings from it.

The candidates for this examination are asked to pay attention to response and multiple choice comprehension type of questions. The method used in answering the comprehension questions shall be written in the question paper.

3.

Composition

A choice of one of four topics, all carrying 15 marks each—

(a)

Essay writing on a subject within the range of experience of a Administration officer. Account shall be taken of arrangement, subject matter, general expression and command of English. Length 200 to 350 words.

(b)

Letter writing from date given on a common situation choice of words and consciences Length 200 to 350 words.

(c)

Given sentences to be rearranged to form a story. The sentences shall not be in order, and shall give candidates the opportunity to show their ability to expound factual matters with relevance, clarity, economy and accuracy.

4.

Dictation

A paper of 150 words taken from texts written in normal modern English, to test spelling, punctuation and capital letters, paragraphs, neatness and clarity.

Study Books Recommended Title

Title

Author

Publisher

(a)

Integrated English: A course K.l.E K.l.E for Kenya Secondary Schools

(Books 1 —4)

(b) Revision English Grammar H.P.Williams

Heinman

for Secondary Schools.

Title

Author Publisher

(c) Modern Method

D.W. Greeve

& Nelson

Africa English (Book 1 -4)

J.P Allan

(d) English use

J . J. Grant

Longman

(Books 1-4)

K.Barasa F

(e) English in Practice

N. grant

Longman

(f) Thinking and

A.R. Robertson

Longman Writing

(g) Junior English

J.A. Bright

Longman

Composition and

Grammar

5. Syllabus for Gazetted officers Examination

(a) management leadership and Service administration (7 questions)

Discipline, removal, inspections, accidents to police vehicles, confirmation in appointment, promotions, transfer, surcharges, welfare, examinations, accidents to personnel, allowances and terms of service, pensions and gratitudes, operation rooms, reports and returns, joint operations. Ethics in policing.

Time allowed: 3½hrs.

(b) Financial Accounting(4 questions)

Vote control, revenue, appropriations-in-aid, imprest and financial control, cash books, payments and voucher preparation, roads and rail warrants, safe custody of cash and accountable documents, payments of salaries and allowances, debts, cheques,

Time allowed: 3½ hrs.

(c) Stores Accounting (6 questions)

Ledgers and inventories, indenting, receipts and issues, control and custody of stores, losses and write-offs, safes, cash boxes, typewriters and duplicators and office equipment, local purchase and expenditure, arms and ammunition, personal issues, clothing and equipment, stationery, bicycles, boards of survey, dress regulation and scales of issues.

Time allowed 3 ½ hrs.

(d) Administration of the law

Preparation of case files, exhibits, blood grouping and other human secretions, handwriting and typewriting examination, ballistic, diplomatic privilege, detention in police custody, unlawful confinement, functions and jurisdiction of state courts, use of Service and firearms. National legislations.

Time allowed 3½ hrs.

Administration Police Service law examination

6.

The Syllabus of this examination is as follows:—

(a)

Criminal Law (8 questions candidate to answer any FOUR)

(i) Penal Code.

Interpretation

Territorial application of the code

General rules as to criminal responsibilities

Parties to offences,

Unlawful assemblies, riots and allied offences,

Rescues and escapes,

Offences against morality,

Murder and manslaughter and offences connected with murder and suicide,

Harm, grievous harm, unlawful wounding, assaults

Thefts,

Offences allied to stealing,

Robbery and extortion,

Burglary, housebreaking and similar offences,

Handling stolen property and allied offences,

Arson, malicious injury to property,

Forgery and offences relating to coins, bank and currency notes,

Attempts, conspiracies and accessories.

Time allowed 3hrs.

(ii) Criminal procedure code

Powers of courts,

Arrest, escape and retaking,

Preventive action by police,

Prevention of offences,

Provisions relating to all criminal investigations,

Recording of evidence in trials and inquiries,

Committal of accused person for trial before high Court,

Sentences and their execution,

Appeals,

Time allowed 3hrs.

(iii) Evidence Act

Admissibility and relevancy,

Proof,

Production and effect of evidence except estoppel,

Witnesses.

Time allowed 3hrs.

(b)

APPRT (10 questions, candidates to answer 5)

(i) Service Standing Orders,
(ii) AP Service Orders,
(iii) Code of Regulations,
(iv) Stores accounting instructions.

Time allowed 3hrs.

Promotions

7.

For the purpose of guidance, the following minimum qualifications shall be considered as criteria in selecting candidates for promotion to any of the following administration police ranks.

(a) Constable to Corporal

(i) The officer shall be confirmed.
(ii) Shall have a minimum service of 3 years.
(iii) Preferences to be given to those officers who have passed the AP law examination and have at least a certificate in police science.

(b) Corporal to Sergeant

(i) Shall have held the rank of Corporal for a minimum of 2 years.
(ii) No disciplinary conviction recorded against him/her for the last two years.
(iii) Shall have at least a certificate in police science or its equivalent.

(c) Sergeant to Senior Sergeant

(i) Shall have held the rank of sergeant for a minimum of 2 years.
(ii) No disciplinary convictions recorded against him/her for the last two years.
(iii) Shall have at least a diploma in police science or its equivalent.

(d) Senior Sergeant to inspector rank

(i) Shall have served as sergeant for 2 years.
(ii) Shall have passed the whole of AP examinations. Shall have no disciplinary conviction recorded against him/her for the last two years.
(iii) Shall have at least a diploma in police science.

(e) Direct entry cadet inspectors

(i) Shall be a graduate constable.
(ii) No disciplinary convictions recorded against him/her for the last six months upon recruit graduation.
(iii) Shall have passed diploma in policing examination.

(f) Inspector to Chief Inspector

(i) For non-Unit Officers

(a)

Shall have served as staff officer served as A1, A2, A3, A4, A5, A6 or A7

(b)

Experience of at least three years as Inspector

(c)

Shall have at least a diploma in police science or its equivalent

(ii) For SPECIALIZED UNITS: RDU, RBPU, VIPU, SSTPU, SPPU, SGB, etc

(a)

Shall have served as Deputy Coy Commander or acted as Coy Commander,

(b)

Experience of at least three years as inspector or platoon commander,

(c)

Shall have served as an A1, A2, A3, A4, A5, A6, A7, A8, or A9 in the Unit

(d)

Shall have attended the specialized combat training and passed the pre-requisite examination

(g)

Inspectorate to Gazetted

(a)

Shall be an inspector or Chief Inspector who has been in that rank for at least two years or a graduate confirmed inspector who has served the Service for at least three (3) years,

(b)

Should not have been convicted of a disciplinary offence or be the subject of adverse report in his/her staff appraisal report or be the recipient of a warning letter during the previous three years,

(c)

Direct promotion from chief inspectors to superintendent shall have at least a degree from a recognized university. Those with masters shall have an added advantage.

1. I (Service No.) ........................... Rank ........................

(name)

...............................................

wish to sit as a candidate for the..................................................

examination being held on...........................................................

in the following subjects:

.................................................................................

.................................................................................

.................................................................................

2. I understand that any candidate who earns less than 40 marks for any particular paper in the examination is deemed to have failed that paper discreditably.

(a)

I certify that I have been confirmed in my appointment as subordinate officer and admitted to the Permanent and pensionable establishment. I have passed the basic requirements in the APS examination guidelines or have been exempted that examination by virtue of having passed the English Language paper at KCSE or KCE level.

(b)

I further certify that I did not discreditably fail any of the subjects applied for the above at the last two examinations.

Date ........................................

Signature of applicant

"Not applicable in case of direct entry Inspectors".

I certify that I have checked this application and am satisfied that the candidate is properly qualified as follows–

(d)

In case of Subordinate officers –

(i) has been confirmed in his or her appointment as subordinate officer;
(ii) is qualified to sit the examination by virtue of passing the Service English examination and having a pass at KCSE or KCE level in the English language paper; and
(iii) has not discreditably failed in any of the papers which form the subject of this application in any of the last two examinations,
(e)

I am satisfied that the candidate has a reasonable chance of success.

..........................................

DAPC

Date ..................................... Sub-Counties

NOTE:

(a)

This certificate shall be rejected unless it is signed by the DAPC personally and his or her name typed or printed under his/her signature.

i. To be submitted in duplicate to the County Commander.

1. The dates of the examination shall be notified in advance and the last date for the acceptance of entries shall be at least one month before the date of the examination.

2. When the dates of the examination referred to in paragraph 1 are notified, the County or Formation Commander shall call for names, of officers who qualify and wish to sit for the examination.

3. Those wishing to sit the examination shall submit their applications to their County or Formation Commanders through Sub County or Formation commanders on the form prescribed at Appendix 36 (g) who shall be required to sign the necessary certificate at the bottom of the form so far as it affects other officers examinations.

4. The Administration Police Training College shall supply County or Formation commanders with a block allocation of candidates’ index numbers. Immediately after the last date of acceptance’ of’ entries, County or Formation commanders shall allocate each entrant an index ‘number and shall forward a nominal roll showing such index, numbers to the Commandant, Police College, hence the requisite number of’ papers ‘shall be forwarded to County or Formation Commanders.

5. Only the following officers shall be permitted to sit administration police law examination:—

(a)

Junior officers who have—

(i) been confirmed in their appointment and admitted to the permanent and pensionable establishment of the Service,
(ii) who have passed the Service English examination or have been exempted from doing so.
(b)

direct entry inspectors,

6. County or Formation Commanders shall arrange for the examination to be held at convenient centres the County or Formations

Invigilating Officers

7. County or Formation Commanders shall appoint invigilating Officers officer for each centre. The officer shall be qualified graduate inspectors and above in respect of the AP law examination.

8. If an officer is on leave at the time of an examination and still wishes to sit for it, arrangements should be made for him or her to do so with the County which he or she is spending his or her leave Index number shall be allocated by the parent County.

9. When County or Formation commanders have received the examination papers from the AP College, they shall distribute them to the invigilating officers in sealed envelopes, each subject in a separate and clearly marked envelope. The outer envelope containing the question papers shall be addressed to the invigilating officer personally.

10. Invigilating officers shall keep the papers under lock and key until the day of the examination.

11. County Commanders shall supply the invigilating officers with a list showing index numbers and names of candidates who are expected to sit an examination, stating the relevant papers, where necessary.

12. The invigilating officers shall check candidates at the examination centre against the list supplied and shall inform candidates of their index number.

13. The sealed envelopes containing the papers shall not be opened by invigilating officers until the actual time set for the commencement of the subject concerned.

They shall only be opened in the presence of the candidates.

14. Candidates shall receive no help from other candidates, files, papers, books or invigilating officers.

15. Invigilating officers shall not offer any help or opinion on anything connected with the examination paper, except that on request and at his/her discretion, he or she may explain any ambiguity or obscurity in the question paper.

General Guidelines during examinations

16. (i) Strict silence shall be maintained in the examination room.

(ii) No whispering, talking.
(iii) No use of examination related materials.

17. A candidate shall not be permitted to leave the examination room during the hours appointed for the examination without finally handing in his/her paper.

18. No candidate shall be allowed to leave within the first 30 minutes nor shall a candidate who arrives late be admitted.

19. The answer papers shall be collected by invigilating officers at the appointed time. Any candidate, however, who has completed his or her answers may deliver his/her paper to the invigilating officer before that time provided he or she complies with the rules. Before a candidate leaves the examination room, the invigilating officer shall ensure that his/her index number is recorded on all answer papers.

20. At the close of each subject, the invigilating officer shall prepare in the examination room and sign the necessary certificate as set out at Appendix 34(g) and attach it to the answer papers. All the documents shall then be sealed in the examination room and the envelope marked:

Signature of invigilating officer ................................

Subject ........................................................

Station ........................................................

21. The invigilating officers’ shall forward the sealed envelopes containing the answer papers and his/her certificate direct to his or her AP County or unit commander for onward transmission to the APTC for marking. A separate certificate is required for each paper.

22. Results shall be circulated by the Commandant of the college, to all County or unit at the earliest possible date.

23. Results shall be published in County or Unit Weekly Orders as soon as notification has been received from the College. Only passes and discreditable failures shall be published.

24. As soon as all County or unit results are received, they shall be checked by the personnel section of Service headquarters who shall publish the names of candidates who have passed the whole of the Adminstration Police - police law examination in the Service orders.

25. The DIG –APS shall constitute an examination body mandated to set and manage the process of AP examination.

Penalties for Cheating

26. Any Body involved in cheating or engaging in any examination malpractices shall be barred from taking any examination paper for the next two years.

27. The examination body shall come up with disciplinary mechanism to punish habitual examination offenders.

28. The examination body to come up with criteria for the selection of the invigilators and supervisor.

1. I certify that I have read and fully understood the orders and instructions for the Administration Police Examination as contained in these Service Standing Orders.

2. I certify that all candidates have been informed of their index numbers and have been instructed to write their index numbers on the top right hand side of each sheet of answer paper and that in no circumstances shall they write their names, Service numbers, station, Ward, sub-county and county on the paper. Candidates were warned of the penalties of cheating

3. I certify that I opened the sealed question papers in the presence of the candidates and that the time allowed for the paper has been strictly adhered to. I further certify that at the end of the examination all candidates papers were collected by me and append-over leaf their index numbers.

4. No candidates received assistance from myself, other candidates, books or papers with the exception of those listed at B (below) who have been disqualified.

A ......... The following candidates have failed to comply with the rules and may be disqualified by the marking board. (List index numbers of candidates who have written names or Service numbers, etc., on their papers).

B .......... The following candidates have been disqualified by me (state reason for disqualification).

Signature of invigilating officer

Rank ..................................

Station .................................

Subject ............................... Station .......................

And dispatched to the County/formation Commander, for onwards transmission to APTC

....................................……………………………………………. Examination

....................................……………………………………………. Subject

Index Number of Candidates sitting the above Paper

Index No. Index No. Index No. Index No.

...............................................

...............................................

...............................................

...............................................

Invigilating Officer.

Centre ..............................................................

Date .................................................................

CHAPTER 35 – EXTRADITION OF OFFENDERS
1.

Fugitive criminal.

The Extradition of a fugitive, who has taken refuge in a foreign or Commonwealth country shall be governed by the Extradition (Commonwealth Countries) Act (Cap. 76) and the Extradition (Contiguous and Foreign countries) Act (Cap. 77).

2.

Reciprocal arrangement.

(1)

Foreign countries with which Kenya has reciprocal extradition arrangements are listed in Appendix 35(a) to this Order.

(2)

The Commonwealth countries which have been designated as Commonwealth countries are listed in Appendix 35(b) to this Order.

(3)

A person shall not be extradited from Kenya, if the offence for which a person is charged with or convicted is a political offence.

(4)

If there is any doubt whether an offence is political in nature, the matter shall be referred to the Director of Public Prosecutions for advise through the authorized channels.

3.

Extradition from foreign country.

(1)

Where a fugitive is to be extradited from a foreign country to Kenya the following procedure shall apply—

(a)

the station seeking the return of the criminal shall prepare the case file in duplicate, stating the address if known of the fugitive and their country of refuge;

(b)

the officer handling the case shall apply for a warrant of arrest by way of an affidavit before a magistrate having jurisdiction to try the case, stating the offence which the offender has committed and the country of their refuge;

(c)

the magistrate shall go through the evidence and if satisfied that an offence has been committed the magistrate shall issue a warrant of arrest;

(d)

the warrant of arrest and the duplicate case file shall be forwarded to the Office of the Director of Public Prosecution for advice and authentication of the warrant of arrest;

(e)

where the Office of the Director of Public Prosecution is satisfied that sufficient grounds exist and the offence is extraditable within the terms of the treaty existing between the Kenya Government and the Government of that particular foreign country where the fugitive is, he or she shall authenticate the warrant of arrest and direct that extradition proceedings may commence;

(f)

a formal request by the station concerned shall be made to the Officer-in-Charge Interpol through the Director, Directorate of criminal investigation to the effect that the Interpol use it’s good office and cause the criminal to be located in that particular country, in view of the fugitive to be arrested;

(g)

the Interpol office shall communicate to the Interpol Office of that country giving full description including photograph if available of the offender, type of offence, number of warrant of arrest and address if known and where the offender can be found etc;

(h)

if the fugitive is arrested in the requested country such fugitive shall be produced in court and the requesting country shall be advised to send extradition documents, authenticated warrant of arrest, investigating officer and an identifying witness

(i)

the authenticated warrant of arrest together with such evidence as required by the laws of the country or place, where the accused is found shall justify their arrest, if the crime had been committed in that country, would be forwarded by the Director of Public Prosecution with a formal requisition for the extradition of the accused through the diplomatic agent of that country in Kenya;

(j)

on receipt of the requisition for extradition, the competent authority in that State shall arrest the fugitive; produce such fugitive before a court of competent jurisdiction and the extradition proceedings shall be heard and at the end of the proceedings, if the magistrate is satisfied that the offence is of a nonpolitical nature the court may order that the fugitive be handed over to the police officer for return to Kenya to face the charge or serve the sentence properly passed on the fugitive;

(k)

in the event of the arrested person denying being the person named in the warrant, deposition or the requisition, urgent steps shall be taken to establish their identity, beyond any reasonable doubt;

(l)

extradition shall not take place before the expiration of fifteen days from the date of arrest and if the court, before whom the fugitive is produced, is satisfied that there is sufficient evidence to justify committal for trial.

(m)

sworn depositions referred to in h (h) above would normally be admitted as valid evidence.

4.

Arrest of fugitives believed to be in Kenya.

(1)

The arrest of fugitives in Kenya shall follow this procedure—

(a)

a fugitive criminal from a foreign country who is suspected of being in Kenya shall be liable to be arrested, detained and surrendered in the manner provided for in the treaty, however, a requisition for the surrender of such a fugitive shall be made by the Diplomatic representative or consular officer of that country in Kenya, to the Office of the Director of Public Prosecution;

(b)

a magistrate may issue a warrant for the arrest of the fugitive criminal, whether accused or convicted of a crime, who is suspected to be in Kenya, on receipt of an order from the director of public prosecution or on other information or complaint or such evidence as in their opinion would justify the issue of a warrant if the alleged offence had been committed in Kenya;

(c)

if the warrant is issued without an order from the Office of the Director of Public Prosecution, the magistrate, issuing such warrant, shall submit a report together with a certified copy of all the relevant evidence, information or complaint to the director of public prosecution;

(d)

the arrested fugitive criminal shall be taken before a magistrate who shall deal with the case as a preliminary inquiry and shall be competent to receive any evidence which may be offered in support of the charge and requisition for the extradition; and

(e)

if the fugitive has been arrested with a warrant and detained without the Office of the Director of Public Prosecution order signifying that a requisition for the surrender of the criminal has been received the magistrate shall be asked to review the case after a reasonable period and if no such requisition is forthcoming the criminal may be discharged from custody.

5.

Warrant of surrender.

A warrant of surrender shall be produced in requisition for surrender on the following grounds—

(a)

on being satisfied that the foreign warrant, duly authenticated, authorizing the arrest of the fugitive criminal and the evidence produced in support of the crime is sufficient to justify their surrender, the magistrate shall commit the fugitive to prison pending the issue of the warrant of surrender by the Director of Public Prosecution, but no such surrender shall take place before the expiry of fifteen days from the date of the arrest and only if the Director of public prosecution is satisfied that the offence is not of a political nature and the fugitive shall be informed of their right to apply for the issue of directions in the nature of a writ of habeas corpus; and

(b)

on the expiry of fifteen days or if the directions in the nature of writ of habeas corpus are issued, the Office of the Director of Public Prosecution may, by warrant under their hand, order the fugitive to be surrendered to a person as is in their opinion authorized by the country from which requisition for surrender proceeded.

6.

Extradition from Commonwealth country.

The provisions of Extradition (Commonwealth Countries) Act (Cap. 76) shall apply to procedures for the extradition of persons who have committed or have been convicted of an extraditable (non-political) offence in Kenya and have taken refuge either in any of the designated Commonwealth countries or in any of the countries in which Part (III) of that Act.

7.

Backing of warrant of arrest.

In all cases in which extradition is sought for a person who is accused or convicted on an offence under the Laws of Kenya, the station or formation concerned shall forward a typed duplicate case file relevant to the offence the person is alleged to have committed or have been convicted of, together with a warrant of arrest, or committal warrant, as the case may be, duly signed and sealed by a competent court, to the Office of the Director of public prosecution through the authorized channels for backing in the case of countries to which Part (III) of Extradition (Commonwealth Countries) Act applies or authentication in case of designated Commonwealth countries.

8.

Execution of authenticated warrant.

(1)

The authenticated warrant shall be returned to the station or formation Commander, through the authorized channels, and the investigation officer shall take all necessary measures to arrange for the authenticated execution.

(2)

The authenticated warrant shall be accompanied by an identifying witness, if necessary, and proceed to the country where the wanted person is held in custody or is at large and with the assistance and co-operation of the local police of the requesting take necessary for the wanted person’s apprehension, if the person is not already in custody.

(3)

The arrest pursuant to this paragraph shall be made by the police officer of the State where the wanted person is residing and under no circumstances shall the National Police Service attempt to effect such an arrest outside Kenya.

9.

Return of person to Kenya.

(1)

A person who is accused or convicted of an offence under the Laws of Kenya, who has been arrested or already in custody in the requested country, the person shall be produced in Court as soon as is practicable before a court of competent jurisdiction and the National Police Service representative and the identifying witness shall be given a chance to produce evidence in that court and be cross examined by the fugitive.

(2)

Where the court is satisfied that the arrested person referred to in h (1), is the same person named in the warrant and the offence is of non political nature, the court may order the person be handed over to the National Police Service for return to Kenya to face the charge or serve the sentence passed on to such fugitive.

10.

Acquitted person to be provided transport.

Where a person accused of an offence under the law of Kenya is returned to Kenya from the requesting country, the Director of Public Prosecutions shall upon the request of the person, arrange for that person to be sent back free of charge and with as little delay as possible to that country.

11.

Writ of habeas corpus.

The right of a writ of habeas corpus shall apply equally in cases where the arrest, has been effected in any of the designated Commonwealth countries or the countries to which Part (III) of Extradition (Commonwealth Countries) Act applies.

12.

Restrictions on charges.

(1)

A person who is accused or convicted of an offence under the laws of Kenya and returned to Kenya from a requesting country shall be—

(a)

tried for the offence in respect of which he was returned;

(b)

tried for any lesser offence proved by the facts proved for the purposes of securing his return; or

(c)

tried for any other offence in respect of which the government of the country from which he was returned may consent to his being dealt with.

13.

Arrest of a wanted person in Uganda.

(1)

Where a wanted person is residing in Uganda, the police there are authorized, under the Uganda Extradition Act to arrest and detain him pending the production of an authenticated warrant of arrest and identifying witness from Kenya.

(2)

Requests for the immediate arrest of a wanted person residing in Uganda, should be made through the Director, Directorate of Criminal Investigations.

Foreign Countries to which Part II of the Extradition Act, Cap. 76 Laws of Kenya applies–

Federal Republic of Germany …………….….L.N. 184/69

The United States of America ……………….. L.N. 185/69

The Republic of Italy …………………….…... L.N. 206/69

The Kingdom of Greece ………………….…...L.N. 210/69

The Polish Peoples Republic ……………….... L.N. 211/69

The Republic of Liberia ……………….…... .: L.N. 220/69

The State of Spain ………………………..…... L.N. 257/69

The Republic of Finland …………………….... L.N. 51/70

The Commonwealth of Australia Legal Notice No. 219/1969;

(a)

The United Kingdom of Great Britain and Northern Ireland Legal Notice No. 126/1969;

(b)

The Republic of Singapore-Legal Notice No. 145/1970;

(c)

The Kingdom of Lesotho-Legal Notice No. 183/1971;

(d)

United Kingdom dependent Territories of—

(i). Gibraltar, Gilbert and Ellis Island Colony, Hong Kong New Hebrides and Pitcairn Ducie and Oeno Islands Legal Notice No. 182/1971.

(ii). Falkland Islands Dependecies, Saint Helena and Dependencies, and Seychelles-Legal Notice No. 260/1971.

(iii). Bahamas Islands, Bermuda, British Honduras the British Indian Solomon Island Protectorate, the British Virgin Dhekilia Legal Notice No. 15/1973;

(e)

Zambia-Legal Notice No. 208/1972. Part (iii) of Cap. 76, Laws of Kenya applies to Malawi and Tanzania.

(f)

Uganda-legal notice No. 95/1996.

(g)

Rwanda-legal notice No. 300/91.

CHAPTER 36 – FLEET MANAGEMENT
1.

Establishment of the Board.

There is established the Fleet Management Board which shall comprise of—

(a)

the Deputy Inspectors-General;

(b)

the Director, Directorate of Criminal Investigations;

(c)

the Chiefs of transport from the respective Services and Directorate; and

(d)

other members appointed by the Inspector-General.

2.

Functions of the Board.

The fleet management Board established under paragraph (1) shall—

(a)

determine the allocation of vehicles within the Service;

(b)

provide policy guidance on procurement, distribution and disposal of vehicles within the service; and

(c)

undertake other functions as the Inspector-General, may direct.

3.

Transport department.

The Service and the Directorate of Criminal Investigations shall each have a transport department headed by the respective Chief of Transport.

4.

Implementation of the Service Transport Order.

The formulation and implementation of the Fleet Management Order shall be the responsibility of the Deputy Inspectors-General and the Director, Directorate of Criminal Investigations.

5.

Chief of Transport.

The Chief of Transport shall be directly responsible to the respective Deputy Inspector-General or the Director, Directorate of Criminal Investigations on matters transport, transport equipment, departmental staff and any other matters thereto.

6.

Vehicles Allocation and transfer.

(1)

The allocation of vehicles within any area, county or branch shall be laid down in the vehicles establishment and may only be varied temporarily to meet emergency situations.

(2)

A transfer of the same type of vehicle may be made within a Unit by the officer-in-charge of that Unit, provided that—

(a)

a vehicle shall not be transferred outside a county or a formation without the approval of the respective Deputy Inspector-General or the Director Directorate of Criminal Investigations;

(b)

a police vehicle shall be issued for police duties and shall not be allocated for personal use unless authorized by the respective Deputy Inspector General or the Director, Directorate of Criminal Investigations in accordance with the relevant policy;

(c)

an establishment list shall be maintained at the respective Service and the Directorate headquarters and at an area or county, branch and sub-county headquarters;

(d)

an officer shall not be entitled to more than two official vehicles; and

(e)

an application for increase to, or variation of, the existing fleet establishment shall be made when the forecast estimates for the ensuing year are submitted though in exceptional circumstances bids made out of time for increases or variations to the vehicle establishment.

7.

Reserve vehicles.

(1)

A reserve vehicle shall be listed on a separate monthly vehicle returns (P3 6a) and any mileage or kilometers covered by the vehicle during the month shall be entered in the vehicle returns, giving details of the vehicle it replaced, the reasons therefore and any other relevant information.

(2)

A reserve vehicle shall not be used to supplement operational transport.

8.

Transport officers.

The respective Deputy Inspector-General or the Director Directorate of Criminal Investigations shall appoint a transport officer in every county, sub-county, station, formation or unit who shall be responsible for transport and transport equipment and shall be answerable to the respective Commanders through the Chief of Transport for allocation, deployment and administration of pool transport resources and personnel.

9.

Responsibilities of other transport officers.

(1)

A county and sub-county transport officer shall be answerable to the County Commander for all matters affecting the efficiency of the police transport under their command to ensure that—

(a)

police vehicles are at all times maintained in a road worthy condition;

(b)

the necessary records of repairs and motor transport stores are adequately maintained; and

(c)

that transport is used efficiently and economically.

(2)

A report and return affecting the condition, maintenance, repair and operation of police transport shall be referred to the sub-county or county transport officer, as may be necessary, for comment and action locally where possible and in particular, the said officers shall—

(a)

report on any vehicle involved in a serious accident using Form P 81A, or one that is damaged by fair wear and tear, using Form P 81B, and recommended for heavy repairs at central workshops as may be appropriate; and

(b)

scrutinize the monthly vehicle returns and take such action as may be necessary to deal with any defects, loss or other matters requiring attention locally.

(3)

A county or formation transport officer shall make regular inspections of vehicles, workshops, motor transport stores and ensure that the relevant records as are maintained in connection therewith, at all stations within their areas.

(4)

A county or formation transport officer shall not deal with the day to day management of workshops situated at county headquarters.

(5)

A county ,formation and sub-county transport officer shall be responsible for maintenance and repair of police vehicles, and the efficient operation of motor transport stores (M.T.) workshops and motor transport. stores in the area or county, and—

(a)

shall not be engaged in the investigation of accidents or any other extraneous duty not directly connected with the repair and maintenance of police vehicles, but may be called upon to give advice on the technical aspects of accidents which may have been caused by mechanical failure;

(b)

shall not be employed on inspection of civilian vehicles involved in accidents;

(c)

may, if Gazetted as a vehicle examiner, be employed to render assistance to traffic personnel in inspecting civilian vehicles in accordance with operational instructions issued by the respective Deputy Inspector-General or Director of Criminal Investigations, from time to time.

10.

Responsibility over vehicles.

For the purpose of these Orders, the "Officer-in-Charge" of a vehicle shall be deemed to be the Officer-in-Charge of the station, formation or unit to which the vehicle has been allocated and is on charge. Such officers shall be responsible for all matters pertaining to the vehicles.

11.

Fleet disposal.

When disposing of vehicles—

(a)

recommendations for disposal of vehicles shall be made by the respective Deputy Inspector-General or Director of Criminal Investigations and arrangements for Boards of Survey shall be made from the Service and the Directorate headquarters as appropriate;

(b)

a part of a vehicle awaiting inspection by Boards of Survey shall not be removed without written authority from the respective Deputy Inspector-General or Director, Directorate of Criminal Investigations.

12.

Hire.

(1)

A vehicle shall be hired for police use, with the approval of the Inspector–General in liaison with respective Deputy Inspector-General or Director of Criminal Investigations, in line with the government policy on hired vehicles.

(2)

A hired vehicle shall be considered to be owned by the Service for the purpose of this procedure and restrictions on their use and shall be the same as those for police owned vehicles.

(3)

The user shall ensure that the vehicles are suitable for the intended purpose.

13.

Vehicle files.

(1)

A vehicle file containing all correspondence relating to each vehicle shall be maintained at Service headquarters, county, formation and sub-county levels.

(2)

Sub-county vehicle files shall be transferred with the respective vehicles when transferred from sub-county to sub-county within the county.

(3)

When a vehicle is transferred out of a county, formation or sub-county, the vehicle file shall also be transferred to that county, formation or sub-county.

14.

Authorized journeys.

Subject to any orders to the contrary, a police vehicle shall not be used except for authorized journeys and for police purposes.

15.

Passengers.

(1)

A civilian passenger shall not be carried in a police vehicle except in the performance of police work.

(2)

A notice written in English and Swahili shall be displayed in the cab of all police vehicles that are painted in police colors that reads—

"No unauthorized persons are permitted to travel in this vehicle."

16.

Carriage of loads and passengers.

(1)

The maximum passenger carrying capacity shall be detailed on the dash board of a vehicle in letters and figures of not more than twenty five millimeter in height.

(2)

A passenger shall not be carried in a manner which conflicts with the law or is unsafe to the passenger or any other road user.

(3)

Where a police vehicle has radio equipment fitted in place of the center seat of the cab, be it a temporary or permanent installation, only one passenger in addition to the driver shall be carried in the cab.

(4)

The conveyance of stores, equipment, personal effects and miscellaneous materials shall be undertaken with vehicles of a suitable carrying capacity and in accordance with the provisions of the Traffic Act (Cap. 403).

(5)

The maximum carrying capacity shall not be exceeded and, when passengers and other load are being conveyed together, the number of passengers shall be reduced in proportion to the amount of load carried.

(6)

Every passenger shall be allocated safe and adequate seating space in accordance with the Traffic Rules.

(7)

When mixed loads, passengers and miscellaneous stores are carried on vehicles, the driver or officer authorizing the journey shall ensure that the stores and other load are firmly secured and are not likely to move and endanger the safety of passengers.

(8)

A passenger shall not be permitted in the loading space when bulk supplies of petrol are transported in police vehicles.

(9)

A specialized vehicle shall not be diverted for any reason to general duties.

(10)

A police ambulance, emergency response vehicle ("999") or a traffic car shall only be used for the purpose of which they are provided on the authorized establishment.

(11)

A passenger shall not be carried in the cab of a vehicle which has been fitted with anti-mine equipment unless provision has been made for a passenger seat.

(12)

A driver of an anti-mine equipped vehicle shall wear the safety harness at all time and likewise, where safety harnesses are provided for passengers, the driver shall ensure that they are correctly worn by the passengers at all times.

(13)

Equipment provided on a police vehicle for protection against the mine blast such as rubber shock pads, sand bags, and sand bag retaining canvas shall under no circumstances be removed from such vehicle, and shall remain in its position at all times irrespective of the location of the vehicle.

(14)

The passengers travelling in the body of anti-minevehicles shall be seated as low as possible in the forward equipment provided, while kit and other equipment shall be carried at the rear of the vehicle.

(15)

A passenger shall not be carried on top of the load on a vehicle in operational areas.

(16)

The senior ranked officer traveling on the vehicle shall be held personally responsible for ensuring that the provisions of this paragraph are complied with.

(17)

Where no officer senior to the driver is travelling on the vehicle, the driver shall be deemed to be the most senior in rank.

(18)

A driver or passenger who contravenes the provisions of this paragraph commits an offence against discipline and shall be liable to disciplinary proceedings.

17.

Carriage of animal or livestock.

(1)

An animal on charge to the respective Service shall be transported in the police animal transporter and non-police animals shall not be carried in these vehicles without the authority of the Chief of Transport, respective Service and the Directorate of Criminal Investigations.

(2)

An animal carried in a police animal transporter shall be secured by a rope from a head halter to securing rings fastened to the vehicle body and separated from other animals by wooden padded beams which shall not be less than 3’6" or 1.15 m in height from the floor of the vehicle.

(3)

Animals shall not be carried unless they are secured and separated.

(4)

Before loading an animal for transportation, a thick layer of dry straw shall be evenly distributed on the entire floor area of the vehicle and all feeding utensils and equipment shall be removed from the stall and secured in the equipment locker, which is situated over the vehicle cab and the fresh water tank shall be drained off and refilled daily.

(5)

During the actual transportation of animals—

(a)

the speed of vehicle shall not exceed the prescribed traffic speed limit;

(b)

at least one animal attendant shall be carried in the vehicle, in addition to the driver;

(c)

once every hour, the vehicle shall stop and the attendant shall check the comfort and security of the animals, the halts shall, where possible, be carried out in the shade; and

(d)

animals shall not remain in the transporter, when stationary, overnight.

(6)

On completion of a journey, the following procedure shall be followed—

(a)

animals shall be unloaded as quickly as possible and exercised;

(b)

all soiled and wet straw shall be removed from the vehicle and the floor scrubbed with a stiff brush and clean fresh water;

(c)

the vehicle tailgate shall be left down until the interior of the vehicle is thoroughly dry and fresh straw shall not be placed in the vehicle while the floor is still wet; and

(d)

disinfectant shall be used to cleanse the interior of the vehicle body at least once a week.

(7)

When traversing poor quality roads or other uneven ground, care shall be taken in order to ensure the comfort of the animals being carried in the transporter.

(8)

If the nature of the terrain is such that the resultant swaying and jolting of the vehicle could possibly cause undue discomfort or injury to the animals, then they shall be unloaded and walked while the vehicle carries on independently.

18.

Safety of police vehicles.

(1)

Where a vehicle is left unattended, the ignition key shall be removed and all doors locked and if it is not possible to lock the vehicle, every precaution shall be taken to ensure its safety.

(2)

Except in emergency circumstances, departmental vehicles shall be locked when parked unattended, with the windows rolled up to prevent unauthorized entry into the vehicle.

(3)

All Service vehicles shall be parked or garaged only at Service camps, police stations, guarded government premises or places and garages approved by the respective Deputy Inspector-General or the Director of Criminal Investigation.

19.

Infectious or contagious disease.

(1)

A person known to be suffering from an infectious or contagious disease shall not be carried in a police vehicle.

(2)

Where it is necessary to carry a person suffering from an infectious or contagious disease, the vehicle shall be thoroughly cleaned as soon as the journey is completed.

20.

Mileage or kilometers.

(1)

Mileage or kilometers shall be controlled, from time to time, through the allocation of travelling votes, based on normal duty requirements.

(2)

A restriction shall not be imposed on additional mileage or kilometer incases of an emergency.

(3)

Where possible, allowance for excess mileage or kilometers shall be based on the overall allocation, but if this is impossible, application for additional funds is to be made to Service headquarters.

(4)

Where the requirement for additional mileage or kilometers may be foreseen, an application shall be made for authority to incur additional expenditure.

21.

Police breakdown vehicles.

(1)

A police breakdown vehicle shall only be used to tow or recover civilian vehicles, when it is necessary—

(a)

to remove a civilian vehicle which is causing obstruction to a point where it may no longer cause such obstruction;

(b)

to present the civilian vehicle before court when it is required as an exhibit.

(2)

Where a police breakdown vehicle or any other type of police vehicle has been used to tow or recover a civilian vehicle, the matter shall be reported to the county transport officer by the officer ordering its use on the proforma set out in Appendix 36(b) with the following details—

(a)

Government of Kenya number of breakdown vehicle;

(b)

numbers and names of driver and crew;

(c)

registration number of the civilian vehicle;

(d)

name and address of the owner of the civilian vehicle;

(e)

details of circumstances leading to the recovery;

(f)

details of journey, dates, time, mileage or kilometres, destination; and

(g)

insurance company of recovered vehicle.

(3)

The information specified in paragraph (2) shall be compiled in a report and submitted by the county transport officer to the Chief of Transport, the Service and the Directorate of Criminal Investigations, on a monthly basis, by the tenth of the subsequent month.

22.

Safety belts.

An employee in a department shall, while operating or riding in any departmental vehicle or privately owned vehicles used for Departmental business, use the safety belt system installed in the vehicle.

23.

Illumination.

In addition to the normal use of headlights for illumination during hours of darkness as required, the Service police officers shall illuminate the headlights of departmental vehicles being operated in traffic whenever maximum visibility of the departmental vehicle shall contribute to increased safety of that vehicle regardless of the lighting conditions existing.

24.

Transfer of driver

The transfer of established drivers shall be in accordance with the Transfer Order of the National Police Service Standing Orders.

25.

Promotion of transport personnel

Promotion within the transport branch shall be in accordance with the provisions of examinations and promotions order in the Service Standing Orders.

26.

Drivers’ records

(1)

A drivers’ records shall include cards and certificates.

(2)

A personal card, in respect of each driver, shall be maintained by the Chief of Transport, respective Service and the Directorate of Criminal Investigations and such cards shall provide full and detailed information on the drivers’ record, such as the date of appointment, grade, courses taken, accidents in which involved and any other information, which the chief of transport, respective Service and the Directorate of Criminal Investigations considers necessary.

(3)

An identical record card shall be maintained by County or Formation Transport Officers.

(4)

A County or Formation Transport Officer shall submit a certificate to the Chief of Transport, respective Service and the Directorate of Criminal Investigations by the fifteenth day of Jnauary each year, to the effect that all authorized drivers and permit holders are in possession of a current driving license.

27.

Driving Restrictions

(1)

A police vehicle shall not be driven by any person who does not hold a valid police driver’s permit and a valid driving licence.

(2)

A person, other than an established driver, shall not drive a police vehicle, except—

(a)

where no established driver is appointed because of the nature of the duty performed; or

(b)

in cases of an emergency where the established driver is not available,

Provided that, that person shall be in possession of a valid permit and licence authorizing him to drive such class of vehicle under such circumstances.

28.

Police drivers’ permits revocation or suspension

(1)

A police drivers’ permits shall be issued by the Chief Transport Officer.

(2)

An application for a permit under paragraph (1) shall be in Form P.78 set out in the Appendix to this Chapter.

(3)

A recommendation for cancellation or suspension of a driver’s permit shall be made to the Chief Transport Officer.

(4)

A police driving permit shall be carried at all times and produced on demand.

(5)

A police driver’s permit may be cancelled or suspended at any time at the discretion of the Deputy Inspectors-General and Director, Directorate of Criminal Investigations through Chief of Transport, Service and the Directorate of Criminal Investigations.

29.

Classification of drivers

A driver may be ranked as—

(a)

a senior driver if that person—

(i) has six years driving experience, at least two of which he has been a class I driver in the Service;
(ii) has not been involved in any accidents during the preceding two years for which he has be held wholly or partly responsible;
(iii) has not been held responsible for any neglect or misuse of a police vehicle;
(iv) holds a police driver’s permit to drive vehicles of class B, C and E or C, E and G;
(v) passes the practical tests laid down from time to time;
(vi) passes successfully an advanced driver’s course and also passes the Institute of Advanced Motorists Examination; and
(vii) has, on attainment of the aforementioned, been duly upgraded by the respective Deputy Inspector- General and Director Directorate of Criminal Investigations through Chief of Transport, Service and the Directorate of Criminal Investigations.
(b)

a Class I driver if that person—

(i) has four years’ driving experience, at least two of which have been as a class II driver in the Service;
(ii) has not been involved in any accident during the preceding two years, for which he has held wholly or partly responsible;
(iii) has not been held responsible for any neglect or misuse of a police vehicle;
(iv) holds a police driver’s permit to drive vehicles of classes B, C and E or C, E and G;
(v) passes the practical tests laid down from time to time;
(vi) passes successfully an advanced drivers’ course and also passes the institute of advanced motorists examination; and
(vii) has, on attainment of the aforementioned, been duly upgraded by the respective Deputy Inspector- General and Director, Directorate of Criminal Investigations through Chief of Transport, the Service and the Directorate of Criminal Investigations.
(c)

a class II driver if that person—

(i) has two years’ driving experience, at least one of which he has been Class III driver in the Service;
(ii) has not been involved in an accident during the preceding twelve months for which he was held wholly or partly responsible, nor held responsible for any neglect or misuse of a police vehicle;
(iii) holds a police driver's permit to drive vehicles of classes B, C and E or C, E and G;
(iv) has passed the practical tests as laid down.
(d)

a class III driver, on first appointment as a driver.

30.

Driver upgrading procedure

Where it is considered that a driver shall be upgraded, the following procedure shall apply—

(a)

in upgrading class II to class I—

(i) selection shall be done by the county or formation transport officer, who shall submit the application Form No. P 154 to the Chief of Transport, Service and the Directorate of Criminal Investigations through the county or formation Commander;
(ii) application forms shall be signed personally by the County Transport Officer, who shall ensure that applicants conform in every;
(iii) training and testing for upgrading of drivers under this category shall be carried out at the Police Driving School;
(iv) courses shall be of five weeks' duration;
(v) details of the course to be held and the number of trainees to attend from each County shall be notified by Chief of Transport, respective Service and the Directorate of Criminal Investigations.
(b)

in upgrading class III to class II—

(i) selection shall be done by the county transport officer who shall submit application forms No. P.155 to the Chief of Transport, Service and the Directorate of Criminal Investigations through the county or formation Commander;
(ii) the application shall be accompanied by a vehicle inspection report in form (P.63) set out in the appendix, in respect of the applicant’s vehicle;
(iii) an applicant shall conform, in every respect, to the conditions detailed on the application form.
31.

Training and testing

(1)

The Chief of Transport, the Service and the Directorate of Criminal Investigations may authorize the training and testing for upgrading of drivers under this category at County level when satisfied that adequate training facilities and trained testing personnel are available.

(2)

A police driver shall be considered for upgrading from one class to another and shall have his disciplinary records taken into consideration before a decision is taken on whether or not he shall be recommended for upgrading.

(3)

A newly qualified police driver shall be employed as station vehicle driver for at least six months after leaving the police driving school.

(4)

A driver shall be required to maintain the standard of their class.

(5)

Where a driver fails to maintain the standard of their class as required under paragraph (4) the driver may be downgraded or removed from driving duties, if such a course of action is authorized by the respective Deputy Inspector-General and Director, Directorate of Criminal Investigations through Chief of Transport, the Service and the Directorate of Criminal Investigations.

32.

Eyesight tests

A driver who attains the age of thirty five years shall undergo an eye test to establish that the eyesight is as per the standard required for driving duties.

33.

Issues affecting class

(1)

A driver shall be downgraded to the next lower class, on the authority of the respective Deputy Inspector-General and the Director, Directorate of Criminal Investigations in the following circumstances—

(a)

where he is involved in a second or subsequent accident, for which he has been adjudged liable, and shall be downgraded for one year and required to undergo and pass an upgrading course before they are reinstated to their former grade;

(b)

where a driver of class III, at the time of his second or subsequent accident, the qualifying period for upgrading to class II shall be extended by one year;

(c)

a driver may be downgraded for causing damage or misuse of a police vehicle or parts thereof, other than being involved in an accident, by—

(i) causing damage to an engine by managing it without oil or water;
(ii) without reasonable cause, causing damage by running a vehicle with loose wheel nuts;
(iii) without reasonable cause, caused damage to a tyre or tube by running it deflated;
(iv) causing damage to a diesel engine by interfering with the fuel injector pump governor mechanism;
(v) for failing to report promptly damages to a vehicle on his charge; and
(vi) any other reason which can properly be construed, as coming under the category of misuse or damage to a Police vehicle, other than by an accident involving another vehicle or object.
(2)

Before taking a decision to downgrade a driver, the views of the County Commander or Formation Commander and the Staff Officer at Service Head Quarters dealing with police accidents shall be considered.

34.

Re-testing

(1)

The county transport officer may re-test a driver whose station or sub-county, county or formation commanders frequently reports to be incompetent.

(2)

The driver may be downgraded based on the results of the test in paragraph (1).

35.

Mode of dress

(1)

A police driver employed on general duties shall, at all times, be dressed in full uniform, including the head dress, when driving vehicles which are branded in police colors.

(2)

A headdress shall not be removed when driving.

(3)

An overall shall not be considered to be uniform with regards to paragraph (1).

(4)

A police officer shall not smoke while driving a police vehicle and disciplinary action shall be taken against offenders.

36.

Court appearance

(1)

Where a police driver has been charged and convicted of an offence under the Traffic Act (Cap. 403), or the Regulations therein, his or her respective unit or county commander shall submit, as soon as the case is finalized, a recommendation to the respective Deputy Inspector-General and Director of Criminal Investigations through the Chief of Transport in the Service and the Directorate of Criminal Investigations as to whether such driver shall be—

(a)

surcharged;

(b)

retained as a police driver;

(c)

removed from driving duties and transferred to general duties;

(d)

downgraded; or

(e)

be subject of other disciplinary action.

(2)

The proposed punishments shall take effect upon confirmation by the National Police Service Commission.

37.

Standards of driving and safety measures

A driver of a police vehicle shall, at all times, maintain the highest standard of road conduct and shall—

(a)

comply with the Highway Code;

(b)

set a good example to all other road users and shall be subject to prosecution for offences against the traffic laws in the same manner as a civilian driver;

(c)

wear a safety belt, where the safety belt is fitted to a police vehicle, when the vehicle is in motion;

(d)

drive a vehicle at a speed which shall depend on the urgency of the journey and strict regard shall be paid to both the speed limits laid down by law and the Standing Orders, as to the type of vehicle in use and to road conditions prevailing at the time and such limits shall not be exceeded, unless the use of the vehicle for police purposes has been hindered;

(e)

where a speed restriction notice is placed on the windscreen of a vehicle, indicating that the engine has been re-conditioned, or that the vehicle is new, the maximum speed inscribed thereon shall not be exceeded; and

(f)

prohibit an unlicensed driver from driving a police vehicle.

38.

Police pursuits

(1)

Where there is sufficient reason for pursuit, the driver of a police vehicle and the senior officer in the vehicle shall consider their obligations to other road users and ensure that the police vehicle and crew are not endangered by the tactics of the pursued driver.

(2)

If there is no reason to suspect that the vehicle to be overtaken has been stolen, is being or has been used in the commission of a crime, and there is a reasonable chance of tracing the driver, then pursuit shall be maintained where there is no element of danger to the crew of the police car or any other person.

(3)

Except in an emergency, a police vehicle shall not be parked in an unauthorized place, or left in any position where it shall cause obstruction or danger, where it is left on a hill, the hand brake shall be securely fixed in the "ON" position and the bottom gear engaged.

(4)

A siren that is fitted on a police vehicle shall—

(a)

not to be used as a normal warning instrument, but only when it is imperative that the police vehicle be given the right of way; or

(b)

be used when stopping an offending driver.

(5)

An authorized driver shall be familiar with the provisions of section 42 (5) of the Traffic Act (Cap. 403), on provisions relating to speed of motor vehicles.

39.

Duties of senior officers

(1)

A senior officer travelling in a police vehicle shall travel in the seat beside the driver and shall be personally responsible for ensuring that the speed limit for the type of vehicle being driven is adhered to and that the vehicle is driven with due care and caution which sets a good example to the public.

(2)

While travelling in a staff car, senior officers may sit in the rear seat but shall always uphold their obligations.

40.

Keeping of log books and work-tickets

(1)

A motor vehicle log book shall be kept in respect of each police vehicle that bears a Government of Kenya registration number.

(2)

The officerin-charge of the vehicle shall keep the vehicle’s records, including monthly summaries, inspections, change of drivers, vehicle tool records and transfers.

(3)

An entry relating to servicing, repairs, tyres and batteries shall be made by the county, formation or sub-county transport officer and it shall be the responsibility of the operator of the vehicle to ensure that the entries are up to date.

(4)

The summary of monthly mileage or kilometers in the log book shall state whether or not a return has been submitted for a particular month.

41.

Procedures for recording mileage and usage

(1)

A police vehicle shall not be used unless—

(a)

the authorizing officer duly signs the work ticket for the journey;

(b)

the work ticket is carried on the vehicle; and

(c)

the departure and return of the vehicle is recorded by an appropriate entry in the Occurrence Book of the station or formation, where an Occurrence Book is in use.

(2)

A driver of police vehicle shall use the shortest route for any journey and on completion of each journey, details of the workticket including time-in, speed reading and distance used shall be duly recorded.

(3)

Sufficient information is to be given on the work-ticket to enable the routes, time and purposes of various journeys to be checked.

(4)

Each individual journey shall be authorized and entered on the work-ticket and entries such as “local running” shall not be made.

(5)

A vehicle work-ticket shall, at all times, be availed for inspection and audit purposes.

(6)

The officer-in-charge of the county or unit to which a vehicle is assigned shall be responsible for the proper storage and maintenance of the work ticket.

(7)

At the end of each material period, the book of work-tickets that is in use shall be clipped into a correspondence file and details of the work-tickets shall be stated on the cover of the file.

(8)

At the end of every month, all completed work-tickets withdrawn from vehicles shall be filed in numerical order in the file cover containing the book of work-tickets from which the work-tickets were originally issued.

(9)

Where a vehicle that is being issued or transferred out of the sub-county or command holds the work-tickets book referred to, the receiving unit shall, on receipt of the vehicle, close the workticket and return it to the issuing unit.

(10)

The receiving unit shall issue a new work-ticket to the vehicle from their own book of work-tickets.

(11)

A copy of the monthly returns on Form P.56 shall be filed separately in the same file cover as the work-tickets, the relevant work-ticket numbers used during the month being quoted on them.

(12)

A completed work-ticket shall be retained for five years after having been audited and then destroyed.

(13)

On the completion of a work-ticket, the totals shall be transferred to the vehicle log book before a new work-ticket is opened an "authorizing officer" for the purpose of authorizing journeys by police vehicles shall be any police officer, irrespective of rank, who has been authorized by the station or formation commander to sign a vehicle work-ticket.

(14)

The signing of a work-ticket for an unauthorized journey is an offence.

(15)

The removal of a police vehicle from an authorized place without good reason or authority, for any purpose not directly connected with police operations, shall be an offence contrary to section 65 of the Traffic Act (Cap. 403) and offenders shall be charged before a court of law.

(16)

The loss of a work-ticket shall be the subject of an enquiry and submission of a loss report.

42.

Record of petrol, oil and repairs

(1)

The details of petrol and oil drawn shall be entered on the work ticket.

(2)

A vehicle shall not be supplied with petrol and oil unless the work-ticket is produced.

(3)

A motor vehicle shall not be sent into a police motor transport workshop for repair without the vehicle log book and current daily work-ticket.

(4)

A vehicle travelling into another county shall carry the vehicle’s logbook, so that in the event of a break-down such repairs and other related details may be entered.

43.

Inspection of work-tickets

(1)

The county or formation and sub-county transport officers and inspecting officers shall make frequent checks to see that the Standing Orders are adhered to.

(2)

Non-compliance shall be reported to the officer-in-charge of the sub-county to which the vehicle is on charge and the county or formation headquarters and Service headquarters shall be notified of such communication.

44.

Submission of monthly log sheets

On the last day of each month, the mileage or kilometers, petrol, oil, or kilometers per litre of petrol and kilometers per litre of oil shall be summarized in the vehicle log book. Such entries shall be transferred to the monthly vehicle returns in form (P.56A).

45.

Vehicle returns

(1)

A vehicle return shall be submitted by the officer in charge of the vehicle, on each month, whether or not the vehicle is in a workshop or not.

(2)

The officer-in-charge of the vehicle shall submit, on a monthly basis, the vehicle’s return in form (P.56) set out in the Appendix, in triplicate in respect of every police vehicle, including a Nil return.

(3)

A copy of the return form shall be forwarded to the officer-in-charge of the county, sub-county or formation as soon as possible after the last day of the month and in any case not later than the fifth of the following month.

(4)

Copies of the return under paragraph (2) shall be placed in the vehicle file and the in the file cover of the completed work-tickets.

(5)

An officer-in-charge of a county, sub-county and other formation using transport shall peruse the returns and deal with such matters as may require his attention, including the loss of tools or equipment and accidents and shall consolidate the forms P.56 set out in the Appendix and prepare four copies of the form P.56 a set out in the Appendix for distribution as follows—

(a)

original to the Chief of Transport, the Service and the Directorate of Criminal Investigations, to reach him by the tenth of the month;

(b)

copies to the sub-county transport workshops;

(c)

the county transport officer; and

(d)

sub-county or formation file.

46.

Nil returns

(1)

Where a vehicle is in a workshop undergoing repair, a nil return shall be included in the return for that month until such time as the vehicle is returned for service.

(2)

A nil return shall be submitted on form P.56 set out in the Appendix and shall state the details of the vehicle, and shall state the time in which the vehicle was taken to the workshop and the period which it was in the workshop.

47.

Establishment information

A vehicle returns form shall be used proactively as management information to ensure efficiency in optimum use of fleet and fuel, proper maintenance or disposal of inefficient or uneconomical vehicles.

48.

Returns to be submitted by the County Transport Officers

On the first of each month, the county and formation transport officers shall submit a return stating the—

(a)

new, transport pool vehicles awaiting to be issued;

(b)

vehicles boarded pending disposal;

(c)

state of workshop personnel;

(d)

return of vehicles breakdown on the road;

(e)

vehicles in workshops on the last day of the month; and

(f)

a nominal roll of drivers on strength, as at the last day of the month.

49.

Reporting by drivers

(1)

Where a police vehicle is involved in an accident, the driver shall, as soon as possible, make a full report of the accident, to the officer-in-charge of the nearest police station and the officer-in-charge of the Formation to which the vehicle is attached.

(2)

The report under h (1) shall be made regardless of whether—

(a)

the accident resulted in damage, however slight, to the vehicle or to any other vehicle or to any property;

(b)

the accident resulted in injury to any person, any dog, horse, ox, mule or donkey; or

(c)

the accident is reportable under the Traffic Act (Cap. 403).

50.

Accident Registers and Details of accident damage to be recorded

A county or Formation Commander shall maintain two accident registers and shall contain the following details—

(a)

a register on "accident damage report", in respect of accident damage as reported in Form P 81a set out in the Appendix ; and

(b)

a register on occupational damage or misuse, on form P 81b set out in the Appendix to this chapter which shall contain the following details—

(i) annual serial number;
(ii) reference number of P 81a or P 81b as applicable;
(iii) Government of Kenya number;
(iv) date of damage;
(v) brief details of damage;
(vi) estimated cost of repairs excluding labour;
(vii) number, rank and name of driver;
(viii) final disposal of file showing result of Orderly Room, Court Proceedings or Surcharge; and
(ix) signature and rank of officer authorizing action and date or reference of report to Chief of Transport, respective Service and the Directorate of Criminal Investigations finally disposing of case.
51.

Dispensations

(1)

Where the cost of repairs to a police vehicle is below ten thousand shillings, excluding cost of labour and no third party is involved, the county or Formation Commander may, decide not to take further action against the police driver and may close the file, informing Chief of Transport, Service and the Directorate of Criminal Investigations, accordingly.

(2)

Despite h (1), if the County or Formation Commander is of the opinion that judicial or disciplinary action is warranted against the police driver, he shall refer the matter to Director of Transport, together with his recommendations.

52.

Post-accident investigation

Where the cost of repairs to a police vehicle is over ten thousand shillings and a third party is not involved—

(a)

Form P.41 set out in the Appendix shall be prepared immediately after the accident and dispatched within forty eight hours to Chief of Transport, the Service and the Directorate of Criminal Investigations and copies shall be forwarded to the county or formation and subcounty commanders.

(b)

on receipt of P. 41, set out in the Appendix, at county or formation headquarters the accident shall be entered in the register as required under order 51;

(c)

the investigation of the accident shall be completed within seven days or an explanation shall be given for any delays;

(d)

within ten days of the accident, the completed file shall be submitted to the county or formation commander together with form P.74 set out in the Appendix;

(e)

on receipt of the file, the county or formation commander shall personally decide, whether Court or disciplinary action is to be recommended against the driver and shall forward the investigation file and a copy of form P.74 set out in the Appendix to Chief of Transport, the Service and the Directorate of Criminal Investigations together with his recommendations in that respect:

Provided that the issue of surcharge against the police driver shall form the subject of such recommendations;

(f)

on receipt of the file, the Chief of Transport, the Service and the Directorate of Criminal Investigations, shall report the matter to the respective Deputy Inspector-General if the cost of repairs, including the purchase of spares exceeds one million shillings;

(g)

in the event the projected costs are below one million shillings the following shall apply—

(i) for a cost of between five hundred thousand and one million shillings and the matter shall be reported to the respective Deputy Inspector-General for directions;
(ii) for a cost below five hundred thousand shillings the matter shall be reported to the county commander for directions;
(h)

the Chief of Transport, the Service and the Directorate of Criminal Investigations shall take suitable action with respect to any surcharge, in accordance with the Service Orders.

53.

Accidents involving third parties

(1)

Where an accident involving a third party occurs, the following measures shall be applied—

(a)

the completed accident file together with the County or Formation Commander’s, recommendation shall be submitted to Chief of Transport, the Service and the Directorate of Criminal Investigations, as soon as possible but in any case within one month of the occurrence;

(b)

on receipt of the accident file, the Chief of Transport, the Service and the Directorate of Criminal Investigations shall examine the case and shall, if necessary, submit the matter to the Attorney-General for directions;

(c)

the case file shall then be returned to the County or Formation Commander who shall ensure that the case is heard without delay by a Gazetted Officer.

(2)

On completion of Orderly Room or Court Proceedings, the County or Formation Commander shall submit to the Deputy Inspectors-General and the Director, Directorate of Criminal Investigations his recommendations in respect of surcharge or other issue.

(3)

In all cases where it is apparent to the County or Formation Commander that surcharge action is likely to be taken against any officer, a note to that effect shall be made on the officer’s personal file so that in the event of his services being terminated for any reason, the surcharge proceedings may be duly finalized.

54.

Court proceedings

(1)

When recommending court action against a police driver for any of the following offences, the county or formation commander shall take steps to ensure that the driver is interdicted from duty forthwith pending the outcome of the Court case—

(a)

causing death by dangerous driving or obstruction;

(b)

driving whilst under the influence of alcohol or other substance;

(c)

dangerous or reckless driving;

(d)

serious case of careless driving;

(e)

driving a police vehicle without the consent of the officer-in-charge; or

(f)

any other case which in the view of the County or Formation Commander reveals poor past disciplinary record of the offender such as where the driver repeatedly commits the offence.

(2)

On conviction, the driver shall be suspended from duty pending a decision from the respective Deputy Inspector-General and the Director of Criminal Investigations through Chief of Transport, respective Service and the Directorate of Criminal Investigations to which a detailed report shall be submitted by the county or formation commander in accordance with the provisions on Discipline Order in the Standing Orders.

55.

Accidents to be investigated by independent officer

(1)

An accident involving a police vehicle shall be investigated and statements taken by an officer other than the driver or passenger provided that the officer is of a rank senior to that of the driver.

(2)

An accident involving a gazetted officer while driving or travelling in a police vehicle or otherwise, shall be immediately reported directly to the county commander or deputy county commander in the absence of the commander of the area in which the accident occurs.

(3)

An accident involving members of the inspectorate shall be reported to the sub-county Commander or his deputy personally of the area concerned.

(4)

The county or sub-county commander, as the case may be, shall personally ensure that proper and impartial investigation into the cause of the accident is carried out without delay and shall appoint a police officer of appropriate seniority to supervise the investigation and ensure that the status of the officer involved as a party to the accident does not in any way interfere or influence the impartial outcome of the investigation.

(5)

The subject investigation shall not inhibit any routine immediate investigatory procedures including issuance of the notice of intended prosecution or examination for drunkenness.

56.

Action at scene of accident

(1)

Where damage is extensive or where a person is injured, photographs of the scene and of the vehicles involved shall, if possible, be obtained.

(2)

In all cases, a sketch plan of width of road, skid marks, position of injured persons and damaged vehicles and any other relevant information shall be prepared and shall be prepared at the scene and both the rough and fair copies shall be included in the file.

57.

Details of accident damaged to be recorded

In all cases where severe damage is caused to a vehicle belonging to a third party, full details of the damage to the civilian vehicle shall be recorded and approximate cost of repairs given, if necessary, the assistance of a county or sub-county transport officer shall be sought.

58.

Claims against police officers

(1)

A claim made against the police driver shall immediately be forwarded to Chief of Transport, the Service and the Directorate of Criminal Investigations who shall facilitate effective investigation and file management.

(2)

A claim under h (1) shall be formally acknowledged and the claimant advised to contact the Chief of Transport, the Service and the Directorate of Criminal Investigations.

59.

Liability not to be admitted

A police officer shall not make any statement, written or oral, admitting responsibility for an accident to any third party or member of the public.

60.

No negotiations may be entered by police officers

A police officer shall not enter into any sort of negotiations with a third party or his legal representative and a related correspondence shall be confined to a polite acknowledgement which shall be endorsed with the word "without prejudice".

61.

Procedure in the event of breakdown

A driver of a police vehicle that breaks down on the road shall—

(a)

where possible, undertake minor repairs, that may enable the vehicle to return to its station, continue its journey, or proceed to the nearest police workshops;

(b)

where mechanical assistance is required, make a request for the assistance giving full details of his position and as much information as possible regarding the nature of the mechanical defect and repairs shall be effected before assistance arrives, the driver shall remain at the scene, unless he or she is travelling in the direction from which assistance has been requested;

(c)

ensure that the continuation of the journey does not cause danger to other road users or aggravate the defect, resulting in more damage to it;

(d)

where the vehicle may not be driven, arrange, for its towing, in accordance with paragraph 62 of this Chapter to the nearest police station or police workshop, whichever is more convenient;

(e)

where it may not be towed, ensure it is properly parked and does not cause obstruction or danger to other road users, if left on the road at night it shall be guarded and marked with red self-reflecting triangles, if carried;

(f)

make a report of the incident to the officer-in-charge of the vehicle as soon as possible.

62.

Towing procedures

In towing the vehicle care shall be taken to ensure that—

(a)

use of a rigid tow bar and tow-ropes is kept to the absolute minimum;

(b)

the driver of the towed vehicle is an authorized driver, who is in possession of a police permit and license for the class of vehicle being towed;

(c)

the towing vehicle does not have a tare weight less than the vehicle to be towed;

(d)

the rear cross member or front bumper bar are not used for towing unless fitted with towing brackets;

(e)

where such bracket is not fitted the tow-rope or towing bar is to be attached to the front or rear axle, close to the spring and if a towing bar shall be utilized, chains and shackles shall be used;

(f)

the towing bar or tow-rope is of sufficient strength to preclude any possibility of the towed vehicle breakingloose, is not be more than 15 ft/5m. long, between vehicles, and can be marked by pieces of white cloth or paper tied at 3 ft/1m. intervals;

(g)

the towed vehicle shall exhibit a notice in chalk, if possible, "ON TOW" on the back thereof;

(h)

a police vehicle shall be used for towing another police vehicle when possible, but in cases where the defect involves the steering, brakes, road wheels, hubs and rear axles and in any other case where normal towing would be dangerous or would aggravate the defect, the services of a police recovery vehicle shall be obtained; and

(i)

if a police recovery vehicle is unavailable, authority to hire an alternative recovery vehicle shall be obtained from the Chief of Transport, the Service and the Directorate of Criminal Investigations.

63.

Receipts and issues

Petrol, diesel and oil shall be obtained from authorized suppliers either as bulk supplies or purchases as follows—

(a)

bulk supplies shall constitute petroleum products delivered for use by more than one vehicle and shall be—

(i) recorded in the petrol, diesel or oil register as the case may, be in the form set out in appendix 36(c);
(ii) stored in underground tanks or in suitable containers where underground storage facilities do not exist;
(iii) duly issued and recorded in the daily work ticket and in the register set out in Appendix 36(c).
(b)

purchases shall constitute petroleum products bought direct for use in one vehicle and shall be—

(i) obtained on the authority of a duly issued local purchase order;
(ii) recorded in the daily work ticket at the time of receipt; and
(iii) delivered into the tank of the subject vehicle or held in reserve for subsequent use.
64.

Management of fuel in police property

(1)

A County or Formation Commander shall be responsible for the proper use and management of fuel and shall issue County or Formation Standing Orders, allocating in respect of every relevant unit in their command responsibilities for—

(a)

ordering of petrol, diesel, and oil;

(b)

the physical issue of petrol, diesel or oil;

(c)

the overall supervision and accounting for receipts and issue of petrol, diesel and oil;

(d)

the safety procedures in handling of petroleum products and the training of concerned personnel thereon; and

(e)

all other related matters.

65.

Weekly checks

An officer-in-charge of a sub-county and a station shall make weekly physical checks of stocks and records, and shall enter in the appropriate register the result of such checks for review by officers-in-charge county or formations and inspecting officers who shall undertake similar checks.

66.

Monthly checks

Any stocks stored in an underground tank shall be checked, on a monthly basis, by draining the tank to pump level, and noting the excess or deficiency as compared with the stock shown in the register, noting on each occasion to—

(a)

deliberately mismanage the stock held until the tank is as near empty as possible, and then emptying and measuring the residue into a suitable container before replenishing the tank from the supplier;

(b)

submitting a report to the Chief of Transport, the Service and the Directorate of Criminal Investigations as set out in appendix 36(e).

67.

Reports

(1)

A red line shall be drawn across the register at the time of checking, and any excess or deficiency balanced in the register.

(2)

Where during the check deficiencies are discovered the loss report shall be taken on charge by counter requisition voucher.

(3)

The Chief Transport Officer shall maintain a chart of all such reports, and county or formation commanders shall ensure that regular emptying and checking of all storage tanks under their control is carried out on rotational basis.

68.

Supplies

Supply of petrol, diesel and oil shall be obtained at the best local rate at county level and a fuel card system shall be used to ensure efficient, effective and economic management of fuel.

69.

Excessive consumption

An officer-in-charge of a vehicle and driver shall report any excessive petrol, diesel or oil consumption as a defect, unless otherwise established to be arising from wastage or mischief.

70.

Use in private vehicles

A petrol, diesel or oil purchased for police purposes shall not be issued to private vehicles.

71.

Cleanliness

The following measures shall be undertaken to ensure cleanliness—

(a)

oil, diesel and petrol tanks or drums shall be kept securely closed unless they are being refilled or emptied;

(b)

any measuring instrument used shall be kept clean and in good condition;

(c)

pumps shall not be placed where they may collect dust; and

(d)

pump delivery nozzles shall not be laid on the ground.

72.

Petrol and oil drums

Records of all returnable containers shall be kept in the petrol, diesel or oil registers where receipts and returns to the dealer shall also be entered.

73.

Risk management

Smoking and naked light, including a hurricane lamp, shall not be—

(a)

within 10 ft.(3.5 metres) of any vehicle whose tank is being filled with petrol or diesel;

(b)

in any vehicle which is conveying explosive or inflammable stores;

(c)

when carrying out repairs or adjustments under the bonnet, or to the petrol system.

74.

Fire Precautions

(1)

A vehicle, including a motorcycle, shall be fitted with a fire extinguisher, which shall be kept readily available and in good order.

(2)

An appropriate fire extinguisher shall be kept at all petrol stores.

(3)

A leakage of petrol or diesel shall be addressed as soon as its practicable to do so.

(4)

An electrical fault including faulty leads and connections, bare wires, faulty terminals loose connections shall be addressed as soon as its practicable to do so.

(5)

A nail, silver paper or any similar article shall not be used to replace a blown fuse and spare fuses shall be carried in each vehicle.

75.

Safety precautions at petrol stores

The following fire safety measures shall be taken at every petrol store—

(a)

a person shall not smoke or exhibit any naked flame in any petrol store, whilst within 10 ft. (3.5 metres) of any petrol storage compound, or while filling a vehicle with petrol;

(b)

a bucket of dry sand or earth shall be kept in each petrol store or compound and at each petrol pump;

(c)

a fire extinguisher shall be kept accessible and in good condition;

(d)

"a suitable NO SMOKING OR NAKED LIGHTS" notice shall be displayed at prominent places in the vicinity of petrol pumps and stores.

76.

Safety precautions in workshops

A county transport officer and the officers-in-charge of central workshops shall ensure that the following precautions are observed in respect of police workshops—

(a)

notices bearing detailed fire orders to staff in the event of fire, including information on how to obtain the services of the fire brigade, where necessary, are prominently displayed on notice boards in working bays;

(b)

the staff are regularly trained in the use of firefighting equipment available;

(c)

working bays, stores and surrounding areas are kept clean and tidy;

(d)

suitable "NO SMOKING OR NAKED LIGHTS" notices are displayed at—

(i) spray painting bays;
(ii) battery charging shops (where notice boards shall state, BATTERY ROOM: "NO SMOKING OR NAKED LIGHTS");
(iii) stores where cellulose paint and cellulose thinners are kept; and
(iv) any other similar building where low flash point liquids are stored or used.
(e)

all fire fighting equipment are regularly inspected and maintained in working order and a record is kept of such inspections;

(f)

highly inflammable liquids such as petrol or cellulose thinners, are not used for a cleaning purposes;

(g)

paints and thinners and similar substances are kept in a detached store constructed of fire-resistant material, save for sufficient quantity for one day’s use that shall be taken into the work shop, and empty drums or containers therefor returned to the store; and

(h)

adequate first aid facilities are available for the quick and efficient treatment of burns and scalds.

77.

Handling of tools and equipment

The following procedures shall be observed when handling tools and equipment—

(a)

an inventory of all tools issued and special equipment fitted to the vehicle, such as first-aid boxes, police signs and public address equipment shall be kept in the vehicle log book;

(b)

a copy of the inventory shall be kept in the vehicle file;

(c)

an additional equipment, which is not normally part of the standard vehicle, shall not be fitted to a police vehicle without the authority of the respective Deputy Inspector-General or the Director, Directorate of Criminal Investigations through Chief of Transport, respective Service and the Directorate of Criminal Investigations;

(d)

weekly checks shall be made of tools and equipment by the Officer-In-Charge of the vehicle, who shall make an appropriate entry to that effect in the vehicle log book and a report shall be submitted to the Officer-In-Charge of the sub-county if any item is missing or damaged;

(e)

any loss or damage due to negligence shall be the subject of disciplinary proceedings and the officer concerned shall be required to replace or repair as necessary;

(f)

upon permanent transfer of a vehicle to another driver or station or transfer of the officer-in-charge of the vehicle, the tools and equipment shall be checked against the inventory and signed for in the vehicle Log Book by the receiving officer. Any deficiency detected after transfer shall be the responsibility of the officer to whom the vehicle was transferred;

(g)

where a vehicle is taken to the workshop for repair, the tools and special equipment shall either—

(i) be removed and kept in the police station; or
(ii) be handed in to the workshops stores and a receipt shall be obtained and one copy of the tool receipt shall be handed to the driver of the vehicle and the receipt shall be produced when the tools are withdrawn:

Provided that the responsibility for any deficiency after withdrawal from stores shall be that of the person collecting the tools;

(h)

the spare ignition key shall be kept at the county, formation or sub-county to which the vehicle is on charge unless the vehicle is operating out of its own area, when it shall be carried by the driver separate from the first key;

(i)

vehicles fitted with cage bodies shall have canopies, if fitted, lashed down and cage doors shall be securely closed when the vehicle is in motion; caged vehicles shall not operate without canopies, canopies on all other police vehicles shall be either lashed down or tied up in accordance with manufacturers’ guidelines, under no circumstances shall canopies be allowed to be loose or untidy;

(j)

the tools and equipment normally to be carried on vehicles shall be—

"A" group: General duties vehicles—

(i) jack c/w handle;
(ii) wheel brace;

"B" Group (normally issued at County or Sub-County level) include—

(i) one pair pliers;
(ii) one adjustable spanner;
(iii) one Screwdriver;
(iv) two tyre levers;
(v) foot or hand pump; and
(vi) fire extinguisher.

General Service Unit Vehicles: As per "B" group, including—

(i) tow rope;
(ii) tyre pressure gauge;
(iii) hammer B.P. 2 lb./1 kg;
(iv) plug spanner (petrol engine vehicles only);
(v) grease gun;
(vi) hot patch clamp;
(vii) four D.E. spanners;
(viii) two Jerri cans with holders, land rovers only, except when extra fuel tanks are fitted; and
(ix) one padlock c/w;
(x) keys.
(k) esponse vehicles shall be fitted with the following standard equipment or issue—
(i) electric siren;
(ii) spotlight;
(iii) dashboard light;
(iv) spare wheel;
(v) standard tool set ("a" type);
(vi) fire extinguisher;
(vii) illuminating roof beacon; and
(viii) clips and stowage as necessary.
78.

Mechanics’ personal tools

(1)

A tool shall be issued from M.T stores to a technician and shall, at the time of such issuance, be recorded in a tools list, a copy of which shall be retained by the recipient.

(2)

All transactions shall be recorded by the county, formation or sub-county transport officer:

Provided that an entry, erasure or alterations to the tools list shall not be made by a mechanic.

(3)

A tools lists shall be held by all persons with tools on their personal charge and a duplicate of the list shall be kept at subcounty M.T. Stores.

(4)

Where a tool is returned to the store for any reason the county, formation or sub-county transport officer shall issue a receipt, and shall amend both copies of the tool list and take such tools on his ledger charge.

(5)

A tool loaned to other police officers shall remain the responsibility of the holder of the list in which they are recorded.

(6)

A tool shall be checked against the tool list, at least once every quarter, by the Officer–in-Charge Workshops and shall record the result thereof on both copies of the list.

(7)

Where a person who has a tool under his charge is transferred, he shall take his tools with him, and the copies of the tool list shall be forwarded to the county, formation or sub-county transport officer of the county, formation or sub-county to which he is transferred.

79.

Plant and equipment

(1)

An item of workshop, plant and equipment shall be numbered with a departmental plant equipment number as allocated by the county, formation or sub-county workshop concerned and such numbers shall be quoted on all correspondence relating to such items.

(2)

A register of all plant and equipment shall be maintained by the Chief of Transport, the Service and the Directorate of Criminal Investigations listing all plant and equipment issued to county, formation or sub-county workshops as appropriate.

(3)

A plant and equipment shall be classified before issue and shall include all items other than normal mechanics’ hand tools which are not of a consumable or rapidly perishable nature.

(4)

An item, which cost less than ten thousand shillings, shall not be regarded as a plant and equipment, but as a workshop tool.

(5)

An item which is classified as plant and equipment or not on charge to an individual shall be on charge to the county, formation or sub-county transport officer, who shall maintain a workshop tool register.

(6)

A plant and equipment shall be maintained in clean working order and where applicable, equipment shall be regularly inspected by a suitably qualified person, in accordance with the terms of current safe working practices and relevant legislation with particular attention be given to lifting hoists and tackle, air receivers and other potentially hazardous plant and equipment.

80.

Local purchase of small tools and consumables

(1)

A local purchase shall not be made except where small tools and consumables of low value may be required to address immediate requirements.

(2)

Plant and equipment items, mechanics’ tools and workshop tools shall be supplied and maintained by Chief of Transport, the Service and the Directorate of Criminal Investigation

81.

Action in case of loss

The officer responsible for any tools, equipment or plant shall report any loss, damage or shortage of any item as soon as he or she discovers the same, to the sub-county transport officer, who shall submit, through the county or formation transport officer, to the Chief of Transport, the Service or the Directorate of Criminal Investigations, a full report of the loss, in writing, stating if he or she considers that the loss or damage was due to negligence and warrants disciplinary action.

82.

Speedometer

(1)

The speedometers fitted to vehicles shall be maintained in working order, and in particular speedometers, tachometers or any other kind of speed measuring instruments, fitted to police vehicles, shall not be removed from such vehicles or interchanged without the written authority of the Chief of Transport, the respective Service or the Directorate of Criminal Investigations.

(2)

Where the speedometer ceases to operate properly, the vehicle shall be taken to a police workshop for repairs to be made.

83.

Vehicle repair procedure

A local fleet repairs, maintenance and replacements and any other relevant local expenditure shall be covered by local purchase orders and shall be held and maintained by county, subcounty or formation transport officers only, except when otherwise authorized.

84.

Local Purchase Orders

(1)

The expenditure on police vehicles shall be covered by a local purchase order.

(2)

An invoice shall not be accepted for payment, unless the expenditure is covered by a local purchase order and the number of the order is quoted on the invoice.

(3)

The supplies particulars appearing in the invoice shall be duly entered on a vehicle job card in Form P.76 set out in the Appendix.

85.

Responsibilities

An officer to whom the vehicle is on charge shall be held responsible for ensuring that—

(a)

it is kept clean;

(b)

it is regularly serviced and lubricated, and at all times road worthy; and

(c)

all reports, records and returns in connection with the maintenance of police vehicles are submitted as required.

86.

Inspections

(1)

A driver shall carry out daily tasks as specified in the Drivers’ Handbook set out in Appendix 36(d) and shall ensure that the vehicle is fit for use before he commences any journey by checking as the following—

(a)

that water, oil and fuel are sufficient for the journey;

(b)

that the tyres and the spare wheel are inflated to the correct pressure;

(c)

that all lights, horn, windscreen wiper and related components are in order, and the battery is secure and topped up;

(d)

that the foot brake, hand brake and steering are operational; and

that tools issued are correct and on the vehicles.

(2)

On completion of the journey he shall ensure that—

(a)

the fuel, oil and water is replenished, if necessary;

(b)

any defects or damage are reported to the officer-incharge of the vehicle without delay and recorded as an entry in the Occurence Book; and

(c)

at the end of a shift, in the case of response vehicles, or at the end of a working day in the case of all other vehicles, vehicles shall be washed and cleaned both in the interior and exterior, and for an ambulance it shall be washed or sprayed on the inside with disinfectant at least twice each week.

(3)

A record of inspections shall be made in the vehicle log book and the occurrence book, in accordance with standing order 89.

(4)

An officer-in-charge of a vehicle shall make a weekly and monthly inspection as provided in orders 87, 88, and 89 of this Chapter.

(5)

A Gazetted officer shall carry out frequent inspections of police vehicles and vehicle records in compliance with this Chapter.

(6)

The county or formation transport officer shall inspect and classify each vehicle in his or her area once every six months and may also carry out unannounced or unscheduled inspections as he or she may consider necessary.

(7)

The results of the inspection under paragraph (6) shall be notified to the Chief of Transport, the Service and the Directorate of Criminal Investigations and to the county formation commander on Forms P. 63.

(8)

If during any of the inspections, the vehicle is not found to be roadworthy or defective to an extent that may contravene any traffic law or Service instruction, the inspecting officer shall order it off the road until such time that the defects have been satisfactorily rectified.

87.

Classification of vehicles

For purposes of inspection, vehicles may be classified as follows—

(a)

Class I: - under 20,000 miles or 32,000 kilometers and in very good condition throughout;

(b)

Class II: - over 20,000 miles or 32,000 kilometers and in good mechanical condition;

(c)

Class III: - over 20,000 miles or 32,000 kilometers and can be brought to Class I condition with medium repairs;

(d)

Class IV - over 20,000 miles or 32,000 kilometers and can be brought to Class III condition with medium repairs;

(e)

Class V - requiring heavy repairs; or

(f)

Class VI - beyond economical repair.

88.

Servicing of vehicles

(1)

A vehicle shall be serviced as directed by the Chief of Transport, the Service and the Directorate of Criminal Investigations.

(2)

A vehicle shall not be taken to a police workshop unless prior arrangements have been made with the relevant transport officer.

(3)

Where a vehicle is sent into a police workshop, it shall be—

(a)

thoroughly clean; and

(b)

accompanied by the vehicle log book and work ticket.

(4)

The driver shall be present during the time the vehicle is in the workshop or other repair depot to carry out such servicing and maintenance duties as the transport officer-in-charge directs.

89.

Repairs

All repairs shall be carried out in police workshops, unless authority is given by the county or formation Transport Officer for it to be conducted outside the police workshop.

90.

Authorized test routes

A police vehicle undergoing repairs in a police workshop shall only be tested on an authorized route laid down by the County or Formation transport officer.

91.

Repairs by drivers

A driver or other person shall not carry out repairs or adjustments on a police vehicle other than those detailed for class I, II and III drivers.

92.

Action on discovering a fault

Where a defect is detected, the following procedure shall be apply—

(a)

any defect or damage, however slight, shall be reported immediately to the officer-in-charge of the vehicle who shall take prompt action to have them rectified;

(b)

a defect or damage caused by neglect shall be investigated with a view to recovering the cost of repair, from the person responsible;

(c)

air cleaners shall be subjected to close scrutiny but they are not to be permanently removed from the vehicles under any circumstances;

(d)

maintenance of paintwork and upholstery shall be part of the normal upkeep of the vehicle, where vehicles are to be painted in police colors, the colour to be specified shall be "kensington blue" or dark green and maroon as appropriate; and

(e)

paintwork of a police vehicle shall be polished at least once each month and any polish for that purpose shall be obtained from police workshops on the scale of one tin per vehicle for three months, Provided that, it shall not apply to a vehicle that is painted in olive camouflage colour.

93.

Weekly checks

(1)

The Officer-In-Charge of the county or Formation shall thoroughly inspect each vehicle on his or her charge, on a weekly basis, in order to ensure that the daily tasks has been carried out.

(2)

The weekly inspection shall focus on a single task for each week in accordance with the list set out in appendix 36(d).

(3)

A tool kit shall be inspected and checked weekly and the inspecting officer shall—

(a)

ensure that regular maintenance has been carried out on the vehicle; and

(b)

a record of the check shall be made in the vehicle log book and in the Occurence Book.

94.

Monthly checks

(1)

A full inspection of the bodywork and functioning of all parts of each vehicle shall be undertaken at the end of every month.

(2)

The results of the inspection under paragraph (1) shall be made in the vehicle log book and in the Occurrence Book.

(3)

An inspecting officer may call upon County, Formation or Sub-County Transport Officers for advice or assistance, if required.

95.

Vehicle inspection

Where a police officer is inspecting a vehicle, he or she shall—

(a)

confirm the entry in the log book in order to ensure that they are correct;

(b)

confirm the usual parking place of a vehicle, and whether there are oil marks on the ground;

(c)

confirm that when the vehicle is parked, it does not lean on one side;

(d)

confirm the exterior of vehicle for dents and damage;

(e)

ensure that the welding on body work is painted;

(f)

ensure that the vehicle is equipped with a serviceable fire extinguisher;

(g)

confirm tyre pressures with a gauge and ensure that readings are within 4 lb. p.s.i. or 25 of the pressure indicated on the wings;

(h)

switch on lights and check rear, side and head lamps; try dipswitch; check direction indicators and stop lamps if fitted;

(i)

ensure that the engine and the battery terminals are clean, and that the engine oil and battery are properly topped up and the radiator is full;

(j)

check that the vehicle work-ticket is up to date; and

(k)

enter remarks in the vehicle log book and the officers’ visiting book.

96.

Stores instructions

The instructions for the receiving, accounting and issuing of all types of motor transport stores as set out in the Consolidated motor transport Stores Procedure shall apply.

97.

Procedure not to be varied

The inspection procedure shall not be varied unless authorized by the Chief of Transport, the Service and the Directorate of Criminal Investigations with the consent of the procurement department.

98.

Scope of Orders

The Chief of Transport, the Service and the Directorate of Criminal Investigations may, from time to time, authorize the establishment of motor launches, except those operated by the Kenya Railways Police and Marine Section,

99.

Identification

A motor launch shall bear such serial numbers or name as is allocated by the Chief of Transport, the Service and the Directorate of Criminal Investigations.

100.

Documentation

(1)

A motor launch shall bear a log book, which shall state the data on its maintenance and operation as well as the current list of crew members.

(2)

A record of fuel used, equipment issued and repairs carried out shall be as detailed in Part VIII, paragraph 42, 43 and 44.

101.

Monthly returns

(1)

A return shall be submitted, on a monthly basis, in respect of established launches, indicating—

(a)

identification number, name and station;

(b)

total hours run during month;

(c)

total fuel used during month;

(d)

hours per gallon or litre; and

(e)

lubricating oil used (topping up only).

(2)

Where a launch is equipped with an outboard engine as auxiliary, an additional return on the parameters specified under paragraph (1) is required in respect of the outboard engine.

(3)

The return specified in paragraph (2), shall be signed by the Officer-In-Charge of the launch, and shall reach Service headquarters by the tenth of the following month, with a copy to the county police officer and the county transport officer.

102.

Responsibility for maintenance of launches

The Chief of Transport, the Service and the Directorate of Criminal Investigations shall be responsible for the maintenance and repair of the launches.

103.

Establishment of crew members

The establishment of crew members shall be provided in the Service establishment.

104.

Operating instructions

A police motor launch operating on the East African Coast or Lake Victoria shall not be put to sea unless commanded by a police officer who holds a Coxswain’s Certificate issued by a competent professional body approved by the Chief of Transport, the Service and the Directorate of Criminal Investigations, such as Kenya Railways, Ports Authority or Kenya Navy.

105.

Allowances

(1)

An allowance shall be paid to appointed Coxswains and crew members who are qualified and are employed full time on Police Launches.

(2)

The officers specified under paragraph (1) shall be paid at the applicable rates, as adjusted from time to time.

106.

Testing of personnel

(1)

An officer shall be trained and examined for—

(a)

Coxswain’s Certificate; and

(b)

Mechanic’s Certificate.

(2)

The syllabi for the examination for the certificates shall be done by the relevant accredited professional bodies and availed by the Chief of Transport, the Service and the Directorate of Criminal Investigations.

Designation

Abbreviation

Headquarters Reserve.

HQ/RES

Emergency Reserve

EM/RES

Driving School

DRV/SCH

Transport Pool.

TPT/SCH

Government Vehicle Check Unit

GVCU

Driving Examiner

DVG/EXA

Vehicle Inspection Unit

VIU

Unified Traffic

UNI/TRA

Kenya Police College

KPC

Anti Stock Theft Unit

ASTU

Service Quartermaster

FQM

Air Wing

AIR WING

Communications Branch

CB

Nairobi County

NBI

General Service Unit

GSU

Rift Valley County

RVP

Central County

CEN

Coast County

CST

Eastern County

ESTN

North Eastern County

NEP

Nyanza County

NYP

Western County

WSTN

………………………………….COUNTY P.O. BOX……………………………………

Date……………………………...........

Chief Transport Officer,

Police Headquarters,

P.O. Box 30083,

NAIROBI.

I have to report that the Police breakdown Lorry was used to tow or recover a civilian vehicle on ......................... (date). The details and circumstances are as follows:—

(a)

. NUMBER OF BREAKDOWN VEHICLE GK

(b)

. NUMBERS AND NAMES OF CREW OF (a)–

1. ………………………………………….. 4…………………………………………

2. ………………………………………….. 5…………………………………………

3. …………………………………………... 6…………………………………………

(c)

. CIVILIAN REGISTRATION OF CIVILIAN VEHICLE

(d)

. NAME AND ADDRESS OF OWNER OF

(c)

………………………………….......................................................

(e)

. DETAILS OF CIRCUMSTANCES LEADING UP TO THE RECOVERY/TOWING OF CIVILIAN VEHICLE

..................………………………………………………………………………..

(f)

. (i) Date of recovery/Towing……………………………………. (ii) Time "out"

…………………………………(iii)Time "In "…………………… Suspended or Straight Tow

…………………………………………(iv) Name………………………..of authorizing officer

(g)

. Name and address of Insurance Company of owner of vehicle…………………..

………………………………………………………………………

…………………………….Signed Officer Submitting Report

1.

These registers shall be maintained at all units which hold petrol, diesel or oil stocks.

2.

(1) All receipts and issues of petrol, diesel and oil shall be entered in petrol, diesel fuel Register (Police 12) or an oil Register (Police 13).

(2)

In all instances the supplier’s invoice number shall be entered in the receipts column together with the quantity of petrol diesel or oil received.

(3)

The vehicle and station number shall be entered when issues are made. If petrol, diesel or oil is issued other than to a vehicle, brief details shall be given.

(4)

The person receiving the petrol, diesel or oil shall sign clearly against the entry in the register. In case of subordinate officers Force numbers shall be recorded.

(5)

If the delivery pump is of the electric type or of a type that has a meter to record the number of litres issued, then the meter reading shall be taken each morning and entered in the register before the first issue is made. This shall be checked against the balance in hand on the previous day, such checks shall be recorded in the station or Post occurrence Book. If any issues have been made during the night the register shall be brought up to date before any further issues are made.

3.

It is the responsibility of the officer-in-charge of the station, Post or vehicle to satisfy himself or herself that meter reading entries are correct. In addition to the daily checks the Station or Formation Commander shall carry out a physical check of all stocks of petrol, diesel and oil against the balance shown in the register, once each week result of such checks shall be entered in the remarks column of the register as "Physical stock checked and a surplus or deficiency of ................................. litres found.

4.

The petrol, diesel or oil register shall be ruled off at the end of each day and the balance in hand entered for the next day.

5.

For the receipts of oils all grades of engine and gear oils may be consolidated.That is to say engine oil of the viscosity of 20, 30, 40 and 50 may be shown as one stock in the engine-oil column, likewise all gear oils.

6.

All units with underground bulk storage petrol or diesel tanks shall comply with the following instructions—

(a)

at the earliest possible moment the tank shall be emptied to pump level by normal issues. "Pump level" is the lowest level in the tank that petrol or diesel fuel can be drawn through the electric or hand-operated issuing pump. The petrol company shall then be requested to completely empty and refill the tank. The petrol or diesel drained from the bottom of the tank shall be measured and returned to the tank. The quantity being entered in the receipts column of the register.

(b)

the tank shall be emptied to pump level by normal issues. The variation between the quantity put into the tank and the quantity issued shall show the amount left in the water trap. A red line shall be drawn across the ledger and an entry made in red ink. Water trap litres.

(c)

this quantity shall not be included in future stock balances;

(d)

the unit shall then notify the Force Headquarters the capacity of the tank and the amount of the water trap;

(e)

all future installations shall be treated in like manner on the initial filling; thereafter whenever possible the tank shall be emptied to pump level and any excesses or deficiencies noted. A red line shall then be drawn across the ledger and the next receipt entered;

(f)

if a deficiency exists then a report in terms of the relevant financial order shall be submitted within seven days.

MONDAY: TASK 1

(i) Brakes — Check fluid level in master cylinder (Do not refill except with special brake fluid — report leakages. If fluid is used very frequently do not use the vehicle until the cause is rectified);
(ii) check play in brake pedal. If more than one inch or 25mm of free movement — report;
(iii) check travel of foot pedal. If it goes down to the floor boards — report;
(iv) check hand-brake. If it requires adjustment or the ratchet does not hold — report;
(v) check steering for play: If there is excessive movement on the steering wheel or if the vehicle wanders when in motion — report.

NOTE: A vehicle with defective brakes or steering shall not be used.

TUESDAY: TASK 2

Springsclean and check carefully for—

(a)

broken and loose leaves,

(b)

loose or broken clamps round the leaves,

(c)

broken or loose center bolts,

(d)

broken or loose clips or "U" bolts.

Tighten where you are able and report defects.

Front Axle: Check to ensure that—

(a)

it is fastened securely to the springs;

(b)

the wheel nuts are secure and the wheel rims are undamaged;

(c)

the steering rods are not damaged or bent;

(d)

there is no looseness felt when the road wheels are shaken.

Rear Axle: Inspect to ensure that—

(a)

it is fastened securely to the springs;

(b)

all parts fastened to the axle are secure and undamaged.

Chassis Frame — Check the spring hanger brackets and their bolts to the frame.

NOTE:- If you are in any doubt, report to the responsible transport officer.

WEDNESDAY: TASK 3

Engine and Cooling System - Lubrication - Examine for excessive oil leaks at the—

(a)

oil pan or sump and drain plug;

(b)

cylinder head cover;

(c)

cylinder side cover;

(d)

cylinder front, or timing cover, (slight oil leaks shall always exist, but if you keep your engine clean they shall easily be seen. (Note and report.)

(e)

oil pipes and connections — these shall not be loose at their joints or allowed to rub or chafe where fastened to the chassis or body.

Engine Operation — start and listen for excessive noise or knocks an uneven firing. If the engine runs unevenly — check for ignition fault as in your task 4. If there is excessive smoke, blue or black, report and do not run the vehicle unless absolutely essential. Observe that the oil pressure gauge registers the correct pressure and is running. If they do not, switch off and do not run the engine. Report the defect. Shall this happen when traveling, switch off the ignition, depress the clutch, and stop the vehicle as soon as you are safely able to do so.

Cooling system: Check—

(a)

all water hose connections for security and leakage. Tightening a clip slightly may rectify a leak.

(b)

the fan belt-which shall have about ½" 3/4 "/12mm — 20mm play between two of the pulley wheels. It shall be free of cracks or corrosion by oil and grease.—

(c)

the water pump — there shall be no leak, noise or undue play in the bearing.

NOTE:- Never add cold water to a hot engine — always wait for the engine to cool off completely, then check the fan belt, engine oil dipstick for water which may have entered the sump; and the cooling system for external leaks. If your engine boils, or loses water without any visible leak-report. If in doubt, do not run the engine until expert assistance has been given.

THURSDAY: TASK 4

Electrical System: Battery—

(a)

clean the battery — top carefully, and ensure,

(b)

the water in the battery is at the correct level just showing above the plates. Top up with distilled water only,

(c)

the screw caps are clean and vent holes clear,

(d)

terminals are secure and lightly smeared with special grease.

Inspect all wiring (where you are able to) for

(a)

damage by rubbing, chafing or contact with any moving part,

(b)

damage by oil, grease or acid,

(c)

loose connections,

(d)

short circuits in the connections from the distributor to the sparking plugs. The wires shall be clean and secure. If the engine misfires, short each’ sparking plug terminal in turn to the cylinder block with a screwdriver, noting the one which produces no change in the running of the engine. The plug may be changed, if no improvement results or if you are in doubt, report;

(e)

observe if the ammeter registers and charges when the engine is speeded up or that the red ignition warning light goes out. If they do not — do not run the engine, and report.

NOTE: Do not test any wiring or connections with a screwdriver or other tool except those from the distributor to the sparking plugs.

FRIDAY: TASK 5

Fuel system: - the fuel tank — check—

(a)

the supporting brackets and straps to the chassis frame;

(b)

the filter cap and vent hole;

(c)

the fuel pipe to the filter and carburetor. The pipe shall not be loose or liable to damage by movement.

The Filter:—

(a)

check the connections, noting any leakage;

(b)

inspect, remove the bowl. Clean and replace; ensuring the cork gasket or washer is undamaged.

The Petrol pump:—

(a)

(Mechanical) check, when the engine is idling, for leakage of fuel from the drain hole(s) underneath and at connections and joints;

(b)

(Electrical) check, with the ignition switched on, but the engine stationary, for leakage at joints and connections.

Service Transport

The pump shall "tick" very slowly after filling the carburetor and almost stop. Shall it continue to operate rapidly for a minute or more, switch off and report.

The Carburetor ensure that the accelerator pedal operates freely but positively and that petrol leakage does not occur from the carburetor or connections when the engine is running or the ignition is switched on.

Note. (see petrol pumpelectrical). Report any defects.

(a)

do not carry out adjustments to the carburetor unless you have been instructed to do so;

(b)

always ensure clean fuel is used in your vehicle and never open any fuel connections with the engine running or attempt to start in an emergency by pouring petrol into the carburetor. You may cause a fire, much damage and severe personal injury.

(c)

the choke control shall always return to the "OFF" position after use.

SATURDAY: TASK 6

Clutch

(a)

there shall be approximately one inch or 25mm of free play in the pedal which shall return properly and fully.

(b)

any difficulty in engaging gear when the vehicle is at rest and the clutch fully depressed shall be reported.

Note: if travelling at a steady speed with the accelerator fully depressed, the engine begins to speed up without the vehicle increasing speed, do not continue, but obtain assistance.

Note: Gear Box — ensure the gear shift lever operates properly and does not come out of gear itself when traveling. Report any noticeable change or increase in noise to which you are unaccustomed.

Propeller or Drive shaft(s) - these shall be checked for loose bolts or fittings tighten those that are loose, and report any seen or suspected defects.

The Service Transport Officer

Service Headquarters

NAIROBI

I have to report that the storage tank at…………………………………………… was emptied to pump level and the stock checked on the 20……………………..….……..

A deficiency or surplus of …………………………………………………… Litres was noted and the petrol register has been amended accordingly.

A loss report shall follow the surplus been taken on charge by C.R.V.

Signature…………………………………….…………………..…………..…………

Designation…………………………..…………………………….……..……………

Unit……………………………………………………………………….……………

Date……………………………………………………………………………………

* Delete as applicable.

CHAPTER 37 – OPERATION AND MANAGEMENT OF FORMATION, UNITS AND COMPONENTS
1.

Special orders

(1)

There shall be special orders issued by the officer-in-charge of the formation, units and components with the approval of the respective Deputy Inspector-General and the Director of Criminal Investigations.

(2)

The special orders issued under paragraph (1) shall seek to regulate the conduct and working of the formation, units and components police officers.

(3)

A police officer who violates the orders contemplated under paragraph (1) shall face disciplinary measures in accordance with the National Police Service Standing Orders.

2.

Records

Formation, units and components operating in the counties shall keep their records as guided by the counties, subcounty stations Orders and they shall submit their crime and other applicable statistics to the immediate police station.

3.

Allowances

All formation, units and components police officers, irrespective of their ranks, shall be entitled to allowances as may be determined from time to time by the National Police Service Commission on the advice of the Salaries and Remuneration Commission and in accordance with regulations.

4.

Transfers

(1)

All formation, units and components police officers, irrespective of their ranks, shall be eligible for a transferred for service to any part of the Republic.

(2)

Transfer of formation, units and components officers shall be conducted in accordance with the regulations.

5.

Examination and Promotions

(1)

Examination and promotion certification by the training schools shall be done by accredited training regulated bodies approved by the National Police Service Commission.

(2)

Whereas training institution is not accredited to offer a course, the training institution shall collaborate with accredited training institutions, both public and private, to provide the training and offer recognized certificates to police officers in accordance with regulations.

6.

Reports and Returns

Formation, units and components reports and returns shall be compiled in accordance with Reports and Returns Order in the National Police Service Standing Orders.

7.

Operations Areas

The formation, units and components within the National Police Service may have their operation areas divided in sectors, circuits, zones, commands, detachments and squads.

8.

Gender, ethnic and regional balance

The composition of the formation, units and components shall, as far is reasonably practicable–

(a)

uphold the principle that not more than two-thirds of the establishment and appointments shall be of the same gender; and

(b)

reflect the regional and ethnic diversity of the people of Kenya.

9.

Deployment of the Formation, Units and Components

(1)

The formation, units and components shall be employed in Kenya for the performance of the functions assigned by the Inspector-General, National Security Council and any written law.

(2)

The formation, units and components shall not be bound to deployment in accordance with the administrative structure and the Inspector-General may, in case of an emergency, deploy the Service or any part thereof in the defense of the Republic.

10.

Qualifications for office holders

(1)

The Inspector-General shall determine the qualifications necessary for police officers holding offices in the formation, units and components.

(2)

The provisions of paragraphs (6) and (7) shall apply when considering appointing a police officer to hold office within the formation, units and components.

11.

Procedure for appointing office bearers and their removal and transfers

(1)

Police officers shall be appointed in accordance with the Recruitment, Appointments and Enlistment Order in the Service Standing Orders.

(2)

Police officers shall be removed from office or transferred in accordance with the Transfer Chapter in these Service Standing Orders.

12.

Constitution, administration, functions and powers of the Formation, Units and Components

The organization, constitution, administration and functions of the formation, units and components shall be as provided in Chapter Six of these Standing Orders.

13.

Powers of the Formation, Units and Components

The police officers in the formation, units and components shall exercise all the powers and privileges granted in law and further have other such powers necessary to execute their unique and special functions subject to regulations outlined in law or issued by the Inspector-General from time to time.

14.

Staff of the Formation, Units and Components

The Inspector General may assign an administrative officer to every formation, unit and component, who shall supervise and administer the civilian staff, if any, under the direction of the officer in charge of such formation, unit and component.

15.

Funding of the Formation, Units and Components

The funds of the formation, unit and component shall be drawn from budgetary allocations made to the National Police Service.

16.

Budgeting process

The formation, unit and component shall prepare budgetary estimates and develop an operation plan before the end of each financial year, setting out the priorities and objectives of the formation, unit and components and the justification thereof.

17.

Account and audit

(1)

The officer in charge of a formation, unit or components shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the formation, unit and component.

(2)

Within a period of three months after the end of each financial year, the formation, unit and component shall submit to their respective Service and Directorate headquarters, the accounts of the formation, unit and component in respect of that financial year together with—

(a)

a statement of the income and expenditure of the Formation, Units and Components during that year; and

(b)

a statement of the assets and liabilities of the Formation, Units and Components on the last day of the financial year.

(3)

The annual accounts of the formation, unit and component shall be prepared, audited and reported in accordance with Articles 226 and 229 of the Constitution and the Public Audit Act (Cap. 412B).

18.

Formation, Units and Components Police Stations and posts

(1)

The Inspector-General may, by a notice in the Gazette designate formation, unit and component police stations or posts.

(2)

A formation, units and components police station shall offer limited police station or post services in respect to the functions and needs of the formation, units and components.

19.

Powers of officers deployed in the Formation, Units and Components

A police officer deployed in a formation, unit or component shall have powers given by law and apply such powers in execution of functions of the formation, units and components.

20.

Special police and Reserve officers in the operation of the Formation, Units and Components

Special police officers and reserve police officers may be deployed in the formation, unit or component to execute the duties thereof.

21.

Identification badges

In addition to the mainstream formation, units and components uniforms set out in Chapter 31 which have the affixed name tags and service numbers, all formation, units and components shall design formation, units and components logos and provide a cloth logo to be worn on the left upper arm by formation, unit and component police officers when they are in uniform.

22.

Training

(1)

There shall be formation, unit and component training specific courses for the purposes of training and retraining of formation, units and components police officers and the training of formation, units and components’ police officers shall be carried out by the National Police Service training schools.

(2)

The training schools shall remain distinct from the formation, units and components for whose personnel they may be offering the training.

(3)

Formation, units and components’ personnel administration function shall be in constant liaison with the training institutions and initiate curriculum development and review, training assessment needs in accordance with the National Police Service Commission training policy.

(4)

The training institutions shall be subject to the commission for approval of training curricula and monitoring of their implementation.

(5)

The training institutions shall, subject to the commission guidelines, and regularly review the training curricula to ensure its relevance to policing requirements in respect to the formation, units and components functions.

(6)

Training in police institutions shall be conducted in accordance to the training curriculum.

23.

Specific Courses, Credit value for Formation, Units and Components

(1)

Police officers deployed in the formation, units and components may form police association with membership limited to police officers in a formation, units and component.

(2)

Despite subparagraph (1) other police associations may draw membership from the police officers deployed in a formation, units and components.

(3)

Police associations formed under subparagraph (1) may have an umbrella association.

(4)

Formation, units and components police association shall be subject to regulations guiding the conduct of business and affairs of police associations.

24.

Formation, Units and Components On community policing forums and committees

A formation, units and components field commander shall join the officer in charge of police station or Administration Police Post Commander and the members elected by the community from time to time for the purpose of Community policing in conducting the business of an area community policing committee or forum as the case may be.

25.

Impersonation of Formation, Units and Components police officers

(1)

It shall be a violation against discipline for police officers not deployed in the formation, units and components to impersonate specific formation, units and components police officers without just cause or due authorization by their immediate supervisor.

(2)

It shall be a violation against discipline for formation, units and components police officer to pose as a police officer deployed in another formation, units and components or to regular duty without just cause or due authorization by their immediate supervisor.

26.

Private use of Formation, Units and Components police officers

The regulations governing the deployment of police officers for private use shall apply to officers deployed in the formation, units and components.

27.

Additional officers for distribution in dangerous areas.

(1)

Police officers deployed in the formation, units and components may be deployed first to give effect to provisions of section 106 of the National Police Service Act (Cap. 84) and formation, units and components police officers so deployed shall have all the powers necessary to achieve results.

(2)

Police officers deployed under subparagraph (1) shall remain in constant consultations with the police officers ordinarily deployed to those areas for guidance and intelligence sharing and the formation, units and components police officers shall be deployed for such a time until normalcy is returned.

(3)

The County Security Committee together with the formation, units and components field commander shall determine the return of normalcy and the responsibility for maintaining law and order in the counties shall lie with the County police commanders.

28.

Reciprocal arrangements with reciprocating countries

(1)

Formation, units and components police officers shall be deployed as a team when deployed in a reciprocating country.

(2)

The Inspector-General shall authorize any division of police officers from a common formation, units and components when operating in the reciprocating countries.

(3)

The police officers from a common formation, units and components shall remain under the immediate command of one of their own.

29.

Temporary lock up facility

(1)

Every formation, units and components headquarters shall have a lock up facility designated by the Inspector General.

(2)

During field operations, formation, units and components may apply to have temporary lock ups from the Inspector-General and such lock up facility shall be subject to all regulations governing the places where people are detained.

30.

Power to require attendance

Formation Units and Components police officers shall have powers to require suspects or other persons to appear before them in the local police station or administration police post.

31.

Serving summons warrants

Other than for Directorate and the Traffic department, warrants, summons and other notices shall be served through the County Commander and sub county commanders and the Formation, Units and Components field Commander can only support.

32.

County Security Committees

Formation, Units and Components commanders in the counties shall be invited and deemed to be members of the County security committees whenever the Formation, Units and Components officers are deployed to provide support to the County police.

33.

County Policing Authorities

Formation, Units and Components operating within a County shall be consulted by the local County police commanders to give their inputs in giving effect to section 41(9)(a)(b) of the National Police Service Act (Cap. 84), by submitting their inputs in regard to developing proposals on priorities, objectives and targets for police performance in the County and monitor trends and patterns of crime in the County including those with a specific impact on women and children.

34.

Complaints against the Formation, Units and Components police

(1)

Every Formation, Units and Components, in all its deployments, shall maintain a facility to receive, record and report complaints against Formation, Units and Components police misconduct unless they are deployed in a police station.

(2)

The facility shall undertake all tasks in compliance with all Internal Affairs, Formation, Units and Components and Independent Policing Oversight Authority regulations when incidences occur on behalf of the Formation, Units and Components and shall maintain liaisons with the two oversight agents should the need arise.

35.

Working hours of police officers in the Formation, Units and Components

(1)

Regulating the hours of duty for formation, units and components police officers and the keeping and signing of records of attendance as contemplated in section 46(2) shall be in accordance with the Commission’s rules as provided in section 124(1)(a).

(2)

The Commission shall prepare regulation specific to individual Formation, Units and Components needs.

36.

Investigations of crimes

A lead investigations officer may co-opt and task a member of a formation, unit or component to assist in the investigation of a case where such member may add value to including giving inner perspective, insight, experience, leads or contacts.

37.

Custody of unclaimed property

(1)

A formation, unit or component police officer shall take charge of all unclaimed property handed to him or her by any person or found by him or her to be unclaimed and deliver that property without delay to the nearest police station.

(2)

At no time, unless otherwise directed by the relevant service Deputy-Inspector General shall any unclaimed property be held by personnel or in offices or premises of the formation, units and components and such unclaimed property shall be disposed in accordance with provision on section 63 of the National Police Act (Cap. 84).

38.

Non liability

No matter or thing done by a formation, unit or component police officer, employee or a person assisting a member of a formation, unit or component shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the Formation, Units and Components, render the member, officer, employee or a person so assisting personally liable to any action, claim, or demand whatsoever.

39.

Power to apply for Summons, Warrants and other Legal Processes

A formation, unit and component field commander, operating in the County, may, after informing a county police commander, apply for summons, warrants and any other legal processes provided for in the National Police Service Act (Cap. 84).

40.

Visit By Inspection and Regulation Agencies

(1)

The second in command in a formation, unit or component shall be responsible for preparing for inspections by legally established police inspection and regulation agencies and to according them the necessary co-operation that they need to undertake their duties.

(2)

The second in command in a formation, unit or component shall also have the responsibility of supervising and monitoring the implementation of the recommendation of the agencies under paragraph (1).

41.

Privileged communication

A person offering assistance to a formation, unit or component personnel shall not be compelled to appear as a witness in any legal proceedings in respect of any information obtained in the discharge of any action or function of the formation, unit and component.

42.

Lock-Up Facility

In a formation, unit or component where there is a lock up facility, the highest ranking officer shall have the responsibility of ensuring that a lock up facility has–

(a)

hygienic conditions conducive for human habitation;

(b)

adequate lighting, sanitary facilities and an outdoor area;

(c)

capacity to keep men and women separately;

(d)

capacity to keep juveniles and children separately from adults; and

(e)

capacity to keep police detainees separately from convicted prisoners.

43.

Communication

Communication within and outside the formation, unit and components shall be done in accordance with Chapter 24 on communication.

44.

Role of Cabinet Secretary

The formation, units and components officer in charge shall always create and maintain awareness on the role of Cabinet Secretary in the operations of the formation, unit and component.

45.

National security and policing policy

The formation, units and components officer in charge shall ensure that the operations of the formation, unit and component are in conformity with the National security and policing policy.

46.

Rule on use of fire arms

The requirements of Sixth Schedule Part B shall be adhered to in accordance with the rules and regulations on use of firearms issued by the Inspector General.

47.

Communication and compliance with Independent Policing Oversight Authority

(1)

A formation, unit or component field commander shall adopt the communication means contemplated in Part C paragraph 3b of the Sixth Schedule and in Chapter 24 on communication.

(2)

The evidence that Independent Policing Oversight Authority may need after an incidence shall be provided accordance with the Independent Policing Oversight regulations as in Sixth Schedule Part C.

48.

Gadgets of restraint

A police officer in a formation, unit or component shall use the gadgets of restraint provided for in these Service Standing Order.

CHAPTER 38 – GENERAL POWERS OF POLICE OFFICERS
1.

Regulations governing the exercise of powers of police officers

The following regulations shall govern the exercise of powers of police officers—

(a)

subject to Article 244 of the Constitution of Kenya and the Bill of Rights, a police officer may exercise such powers and shall perform such duties and functions as are by law imposed or conferred on or assigned to the police officer;

(b)

where any duty, power or discretion is imposed or conferred by these Orders or any other law, on a police officer of any specified rank or holding any specified office, the police officer, shall, in the performance of such duty or the exercise of such power or discretion, and subject to the lawful orders and directions of any police officer to whom the police officer is directly under, and any senior police officer, if the occasion arises where it is expedient to do so, perform any such duty or exercise any such power or discretion;

(c)

police officers shall make a report of all daily occurrences and incidents encountered and make it available to their superior;

(d)

a police officer who performs an official duty or exercises police powers shall perform such duty or exercise such power in a manner that is lawful;

(e)

where a police officer is authorized by law to use force, the officer shall do so in compliance with the guidelines set out in the Sixth Schedule of the National Police Service Act (Cap. 84);

(f)

every police officer shall be competent to serve or execute any summons, warrant or other process whether directed to them or to any other officer;

(g)

the storage and use of information by any member of the Service shall be done in compliance with Article 31 of the Constitution and all other relevant written laws and regulations that apply;

(h)

the Inspector-General may make regulations on handling of information by the National Police Service;

(i)

matters of a personal nature and operational information in the possession of law enforcement officials shall be kept confidential, unless the performance of duty or the needs of justice strictly require otherwise;

(j)

police officers shall respect the law, regulations and the National Police Service Standing Orders, and to the best of their capability, prevent and oppose any violations of them;

(k)

police officers who have reason to believe that a violation of the law has occurred or is about to occur, shall report the matter to their superior authorities and, where necessary, to other appropriate authorities or organs vested with reviewing or remedial power;

(l)

a police officer shall not be subjected to disciplinary hearings or other disadvantage based solely on the fact that he or she has lodged a complaint with or given evidence before or information to the Independent Police Oversight Authority or other authorities or organs vested with reviewing or remedial power; and

(m)

a police officer who abuses any powers conferred by the National Police Service Act (Cap. 84) commits an offence and is liable to disciplinary or criminal action; and

(n)

a person whose rights are violated by a police officer shall be entitled to redress and compensation upon the decision of a court, tribunal or other authority.

2.

Power to compel attendance of witnesses at police station

(1)

A police officer shall have power to compel attendance of witnesses at police station.

(2)

A police officer may, in writing, require any person whom the police officer has reason to believe has information which may assist in the investigation of an alleged offence to attend before him or her at a police station or police office in the County in which that person resides or for the time being is.

(3)

A person who, without reasonable excuse, fails to comply with a requisition under h (1), or who, having complied, refuses or fails to give his correct name and address and to answer truthfully all questions that may be lawfully put to him or her commits an offence.

(4)

A person shall not be required to answer any question under this paragraph if the question may expose the person to a criminal charge, penalty or forfeiture.

(5)

A police officer shall record any statement made to him or her by any person, whether the person is suspected of having committed an offence or not, but, before recording any statement from a person to whom a charge is to be preferred or who has been charged with committing an offence, the police officer shall warn the person that any statement which may be recorded may be used in evidence.

(6)

A statement taken in accordance with this paragraph shall be recorded and signed by the person making it after it has been read out to him or her in a language which the person understands and the person has been invited to make any correction he or she may wish.

(7)

Notwithstanding the other provisions of this paragraph, the powers conferred by this paragraph shall be exercised in accordance with the Criminal Procedure Code (Cap. 75), the Witness Protection Act, 2006 (No. 16 of 2006) or any other written law.

(8)

The failure by a police officer to comply with a requirement of this paragraph in relation to the making of a statement shall render the statement inadmissible in any proceedings in which it is sought to have the statement admitted in evidence.

3.

Power to require bond for attendance of court

(1)

A police officer may require bond, as security, for attendance of court.

(2)

A police officer investigating an alleged offence, not being an offence against discipline, may require any person to execute a bond in such sum and in such form as may be required, subject to the condition that the person shall duly attend court if and when required to do so.

(3)

A person who refuses or fails to comply with a requirement lawfully made under h (1) above commits an offence.

(4)

Notwithstanding the foregoing provisions, the powers conferred under this paragraph shall be exercised in strict accordance with the Criminal Procedure Code (Cap. 75).

4.

Power to take photographs, fingerprints and forensic evidence

(1)

A police officer shall take photographs, fingerprints and forensic evidence.

(2)

A magistrate or a police officer and any other person appointed to give certificates under section 142(2) of the Criminal Procedure Code (Cap. 75), may take, or cause to be taken in his or her presence, for the purposes of record and identification, the measurements, photographs, footprints and casts thereof, palmprints, finger-prints and other forensic evidence of any person in lawful custody or who is subject to police supervision.

(3)

The Inspector-General shall prescribe in the Service Standing Orders the form upon which footprints, palm-prints, fingerprints and other forensic evidence may be taken in accordance with this paragraph.

(4)

A magistrate, police officer or person appointed as the case may be, shall certify on the prescribed form that the foot prints, finger-prints, palm-prints and other forensic evidence have been taken by him or her, or caused to be taken in his presence, in accordance with the directions contained on such form, and that the particulars entered on such form are to the best of his or her knowledge and belief accurate and true.

(5)

Subject to subparagraph (1) above, if a person is not charged with an offence punishable by imprisonment or is discharged or acquitted by a court, and has not previously been convicted of an offence so punishable, all records of such measurements, photographs, footprints and casts thereof, palm-prints and fingerprints and any negatives and copies of such photographs or of photographs of such footprints, palm-prints and finger-prints shall immediately be destroyed or handed over to such person.

(6)

A person who refuses his or her measurements, photographs, footprints and casts thereof, palm-prints or fingerprints and other forensic evidence to be taken under this paragraph commits an offence.

(7)

Upon conviction under h (5) above, reasonable force may be used to facilitate the taking of measurements, photographs, footprints and casts thereof, palm-prints and finger-prints of the person convicted.

5.

Detention

(1)

A police officer may stop and detain any person whom he or she—

(a)

witnesses doing any unlawful act or thing; or

(b)

finds in possession of unlawful or stolen item.

(2)

A person who fails to produce a licence, permit, certificate or pass within forty-eight hours when called upon to do so, may be arrested without a warrant unless he gives his name and address and otherwise satisfies the officer that he will duly answer any summons or any other proceedings which may issue or be taken against him or her.

(3)

A police officer who abuses the powers under this paragraph commits an offence.

6.

Power to enter premises and stop vehicles, etc., without warrant

(1)

A police officer may enter into any premises and stop vehicles without a warrant.

(2)

Subject to the Constitution, if a police officer has reasonable cause to believe that—

(a)

anything necessary to the investigation of an alleged offence is in any premises and that the delay caused by obtaining a warrant to enter and search those premises would be likely to imperil the success of the investigation; or

(b)

any person in respect of whom a warrant of arrest is in force, or who is reasonably suspected of having committed a cognizable offence, is in any premises:

The police officer may demand that the person residing in or in-charge of such premises allow him free entry thereto and afford him all reasonable facilities for a search of the premises, and if, after notification of his authority and purpose, entry cannot without unreasonable delay be so obtained, the officer may enter such premises without warrant and conduct the search, and may, if necessary in order to effect entry, break open any outer or inner door or window or other part of such premises.

(3)

A police officer may stop, search and detain any vehicle or vessel which the police officer has reasonable cause to suspect is being used in the commission of, or to facilitate the commission of an offence.

(4)

A person who fails to obey a reasonable signal given by a police officer in uniform requiring the person to stop any vehicle or vessel commits an offence and is liable on conviction to imprisonment for a term not exceeding twelve months or to a fine not exceeding one hundred thousand shillings, or to both.

(5)

A police officer may arrest a person under subparagraph (3) above without a warrant unless the person gives his name and address and otherwise satisfies the police officer that the person will duly answer any summons or other proceedings which may issue or be taken against that person.

(6)

A police officer who exercises the powers conferred under this paragraph shall—

(a)

identify himself or herself beforehand;

(b)

record the action;

(c)

record the items taken; and

(d)

make a report regarding such exercise and make it available for the superior.

7.

Power to arrest without a warrant

(1)

Subject to Article 49 of the Constitution a police officer may without a warrant, arrest a person—

(a)

who is accused of committing an aggravated assault in any case in which the police officer believes upon reasonable ground that such assault has been committed;

(b)

who obstructs a police officer while in the execution of duty, or who has escaped or attempts to escape from lawful custody;

(c)

whom the police officer suspects on reasonable grounds of having committed a cognizable offence;

(d)

who commits a breach of the peace in the presence of the police officer;

(e)

in whose possession is found anything which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to that thing;

(f)

whom the police officer suspects upon reasonable grounds of being a deserter from the armed forces or any other disciplined service;

(g)

whom the police officer suspects upon reasonable grounds of having committed or being about to commit a felony; or

(h)

whom the police officer has reasonable cause to believe a warrant of arrest has been issued.

8.

Power to enter premises in emergencies

(1)

A police officer may enter premises if he or she believes on reasonable grounds that–

(a)

a breach of the peace is being or is likely to be committed and it is necessary to enter the premises immediately to end or prevent the breach of peace, or

(b)

a person has suffered significant physical injury or there is imminent danger of significant physical injury to a person and it is necessary to enter the premises immediately to prevent further significant physical injury or significant physical injury to a person.

(2)

A police officer who enters the premises under this Section shall remain on the premises only as long as is reasonably necessary in the circumstances.

9.

Arrests and detentions by Police

An arrest by a police officer, whether with or without a warrant, shall be subject to the rules contained in the Fifth Schedule of the National Police Service Act (Cap. 84), with respect to arrest and detention.

10.

Power to search without warrant in special circumstances

(1)

A police officer may conduct a search without warrant–

(a)

when a police officer-in-charge of a police station, or a police officer investigating an alleged offence, has reasonable grounds to believe that something was used in the commission of a crime, is likely to be found in any place and that the delay occasioned by obtaining a search warrant under section 118 of the Criminal Procedure Code (Cap. 75);

(b)

when in his or her opinion section 118 of the Criminal Procedure Code (Cap. 75), will substantially prejudice such investigation, he may, after recording in writing the grounds of his belief and such description as is available to him of the thing for which search is to be made, without such warrant, enter any premises in or on which he or she suspects the thing to be and search or cause search to be made for, and take possession of such thing; or

(c)

when sections 119, 120 and 121 of the Criminal Procedure Code (Cap. 75), as to the execution of search warrant, and the provisions of that Code as to searches shall apply to search without a warrant under this paragraph.

(2)

For purposes of conducting a search under this paragraph—

(a)

the officer shall carry with him or her, and produce to the occupier of the premises on request by him or her, the officer’s certificate of appointment; and

(b)

if anything is seized under h (a), the police officer shall immediately make a record describing anything so seized, and without undue delay take or cause it to be taken before a magistrate within whose jurisdiction the thing was found, to be dealt with according to the law.

11.

Power to use firearms

(1)

Subject to h (2), a police officer shall perform the functions and exercise the powers conferred by the Constitution and the National Police Service Act (Cap. 84), by use of non-violent means.

(2)

Despite h (1), a police officer may use force and firearms in accordance with the rules on the use of force and firearms contained in the Sixth Schedule of the National Police Service Act (Cap. 84) as follows—

(a)

saving or protecting the life of the officer or other person against imminent threat of life or serious injury;

(b)

in self defense or in defense of another person against imminent threat of life or serious injury;

(c)

protection of life and property through justifiable use of force;

(d)

preventing a person charged with a felony from escaping lawful custody; and

(e)

preventing a person who attempts to rescue or rescues a person charge with a felony from escaping lawful custody.

12.

Power to apply summons

Subject to National Police Service Act (Cap. 84), or any other written law, a Police Officer may apply before a subordinate court for summons, warrant or other legal process.

13.

Power to erect barriers

Notwithstanding the provisions of any other written law—

(a)

any gazetted officer or inspector or any officer-in-charge, if he or she considers it necessary to do so for the maintenance and preservation of law and order or for the prevention or detection of any offence, order a police officer to erect or place barriers in or across any road or street or in any public place;

(b)

a police officer in uniform may take all reasonable steps to prevent any vehicle from being driven past any barrier, erected pursuant to paragraph (a) 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 to a fine not exceeding one hundred thousand shillings or to both;

(c)

the respective County Commanders shall maintain records of all barriers erected under paragraph (a) and the reasons therefore in their respective County and submit these to the respective community policing association;

(d)

the records referred in subparagraph (c) shall state the reasons for laying the barriers and shall be open for inspection by authorized persons;

(e)

the Inspector-General shall issue guidelines on erection of barriers; and

(f)

members of the public may lodge complaints about the barriers with the County Commander or the Independent Policing Oversight Authority.

14.

Limitations of police officers powers

(1)

The general powers of police officers as provided for in these Standing Orders shall only be limited by the express provision of the Constitution, the National Police Service Act (Cap. 84) or any other existing law.

(2)

All police officers shall observe the provisions of the 5th and the 6th Schedules of the National Police Service Act (Cap. 84).

CHAPTER 39 – GOVERNMENT FINANCIAL REGULATION AND PROCEDURES
1.

Introduction

(1)

The accounting systems described herein shall, for the purposes of daily management decisions, be supplemented by management accounts, statements, costing and budgets prepared throughout the year.

(2)

This Chapter incorporates the contents of the Financial Orders and the model departmental financial instructions and other general instructions issued by the National Treasury in form of national treasury circulars.

(3)

The relevant provisions related to this Chapter and regarding the control and management of Government finances are as contained in the Constitution under Articles 201, 206, 208 and 225 to 229, the Exchequer and Audit Act (now Repealed), the Public Audit Act (Cap. 412B) and the Public Finance Management Act (Cap. 412A).

(4)

The administration of all Government finances is vested with the Cabinet Secretary for the time being-in-charge of finance.

2.

Application of The Financial Regulations And Procedures

(1)

These Orders shall be applied subject to Government financial transactions.

(2)

Every person concerned with finances, whether directly or indirectly or in any manner whatsoever, shall take cognizance of and strictly adhere to these Orders.

(3)

Any questions arising on interpretation of these Orders shall first be referred to the Chief Accountant, Service Headquarters for necessary clarification and guidance.

3.

Source of Authority and Control of Government Finances

(1)

The authority for raising revenue or any other monies and their appropriation for the purpose of Government of Kenya shall be vested with Parliament.

(2)

The Treasury shall be responsible for the control and management of these finances after, their appropriation by Parliament.

4.

The Treasury

(1)

The National Treasury has the meaning assigned to it under the Public Finance Management Act (Cap. 412A).

(2)

The National Treasury has the responsibility for management, supervision, control and direction of all matters relating to the financial affairs of Kenya.

(3)

The National Treasury has also powers as prescribed by the Public Audit Act (Cap. 412B).

(4)

For the Treasury to ably discharge the responsibility for the control and Management of the public finance, it operates the following institutions—

(a)

the contingencies fund to meet expenditures for which no provisions exists but which must be incurred in the public interest before it is possible to obtain provision through a supplementary estimate;

(b)

the Paymaster - General’s Office which is responsible for controlling the issue of money to the several ministries and departments of the Government in conformity with votes, beads, sub-votes and items as approved by parliament and for expenditure in respect of Consolidated Fund services and which the Fund—

(i) is comprised of the Exchequer Accounts into which all revenues and the proceeds of all loans raised are paid and from which issues for the public services are made, the
(ii) has two bank accounts held with the Central Bank of Kenya namely the Recurrent and Development Exchequer Accounts.
5.

Expenditure Control

(1)

For the proper management, supervision, control and accountability of Departments’ and Ministries’ finances, the National Treasury appoints accounting officers charged with the duty of accounting for any service in respect of which money have been appropriated by Parliament or any person to whom issues are made from the exchequer account.

(2)

In relation to the Service, the accounting officer is the Principal Secretary in charge of County Administration and Internal Security.

(3)

When authority granted by Parliament is delegated by the accounting officer, there must be adequate accountability by the department before aggregate accounting is rendered to Parliament and the principle of accountability to the accounting officer by the officer so delegated the powers shall be extended.

(4)

The accounting officer has the mandate to call upon any officer to whom the accounting officer has delegated authority to be personally and individually accountable for the disbursement or commitment of public funds where it is established that due care and caution was not exercised and wastage of public funds was eminent.

(5)

Subject to h (6) and (7) the accounting officer of a national government entity shall not reallocate appropriate funds.

(6)

The accounting officer shall not reallocate funds from the authorised use except where—

(a)

the funds are appropriated for transfer to another government entity or person;

(b)

the funds are appropriated to defray other capital expenditure;

(c)

the reallocation of funds is from wages to non-wages expenditure; or

(d)

the transfer of funds may result in contravention of fiscal responsibility principles.

(7)

The accounting officer of a national government entity, other than a state corporation, may reallocate funds between programs, or between Sub-Votes, in the budget for a financial year if—

(a)

there are provisions in the budget of a program or Sub-Vote which are unlikely to be utilised;

(b)

a request for the reallocation has been made to the National Treasury explaining the reasons for the reallocation and the National Treasury has approved the request; and

(c)

the total sum of all reallocations made to or from a program or Sub-Vote does not exceed ten percent of the total expenditure approved for that program or Sub-Vote for that financial year.

(8)

Regulations made under this Act may provide for the reallocation of funds within Sub-votes or programs.

(9)

An accounting officer shall, in accordance with Article 226(2) of the Constitution and section 68(1) of the Act, be accountable to the National Assembly for—

(a)

management of their departments public finances, including whether the finances are sufficient;

(b)

resources that have been allocated to a particular program;

(c)

ensuring that the most effective means of achieving desired program outcomes are used;

(d)

maintaining effective systems of internal control and the measures taken to ensure that they are effective; and

(e)

measures taken to prepare the financial reports that reflect a true and fair financial position of the entity.

6.

Expenditures Limited by Estimates

These expenditures are only on voted services and no expenditure for which no provision has been provided may be incurred.

7.

Chargeable Expenditure

(1)

Expenditure can only be charged to a vote if it is within the ambit of the vote.

(2)

Where the expenditure is outside the ambit of the vote, authority must be sought from Parliament through supplementary estimates.

(3)

In this paragraph "vote" means money authorised by an Appropriation Act for withdrawal from the Consolidated Fund or a County Revenue Fund.

8.

Vouchers

(1)

An officer shall not authorize vouchers for payment unless he or she has been authorized to do so in writing by the accounting officer.

(2)

With regard to payments at the Sub-County Treasury, the accountant-in-charge does not require the accounting officer’s prior authority to sign payment vouchers, provided that the expenditure incurred constitutes a valid charge to an expenditure item for which an authority to incur expenditure has been duly issued to an authority to incur expenditure holder in that Sub-County.

(3)

All receipts and payments vouchers of public moneys shall be properly supported by—

(i) pre-numbered receipt;
(ii) payment vouchers; and
(iii) appropriate authority and documentation.
(4)

All receipt and payment vouchers shall be or made out in indelible ink and shall contain adequate narration of the particulars of the services, goods or works procured and being paid for.

(5)

All amounts appearing in a voucher shall be written in words as well as in figures.

(6)

All procurement of goods and services required for the purposes of the national government or a national government entity is to be carried out in accordance with Article 227 of the Constitution and the relevant legislation on procurement and disposal of assets.

9.

Classification of Expenditure

Government expenditures shall be classified into—

(a)

recurrent expenditure; which relates to costs of running the services and activities of the ministries and departments and also the operating costs of existing and new facilities put in place through implementation of the development projects and programmes; and

(b)

development expenditure; which relates to costs of specific development projects and programmes.

10.

Book-Keeping and Accounting Systems

(1)

Book-keeping and accounting systems used by government ministries and departments shall be standardized and kept under continuous review by the National Treasury which will make amendments where necessary.

(2)

Government accounting shall be distinguished from commercial accounting as it deals only with receipts and expenditure.

(3)

The government financial year shall run from 1st July to 30th June.

(4)

It is the duty of every accounting unit within a ministry, department or field office administering funds to ensure that appropriate accounts are kept relating to the transactions for which the accounting unit is responsible.

(5)

The accounting unit shall cause proper accounts to be maintained and such other records as may be necessary.

(6)

For the purposes of the National Police Service, for a field office to incur expenditure, it shall maintain—

(a)

a duplicate cash book for standing imprest and revenue collections;

(b)

collection control sheets for revenue submissions to the Sub-County Treasury;

(c)

hire of police Registers;

(d)

counterfoil receipt Registers;

(e)

subsidiary vote books; and

(f)

continuity control forms for all accountable documents.

(7)

An accounting officer shall keep, in all offices concerned with receiving cash or making payments, a cash book showing the receipts and payments and shall maintain such other books and registers as may be necessary for the proper maintenance and production of the accounts of the Vote for which he or she is responsible.

11.

Vote Control Procedures

(1)

An officer shall not spend or commit Government funds without the proper authority.

(2)

The accounting officer or the delegated officer shall realistically assess the budget allocations within his or her control before any recommendations are made.

(3)

Where allocations fall below the expectations of the receiving officer, the receiving officer shall give an account to the Authority-to-incur-expenditure holder the limit to which the Authority-to-incur-expenditure holder may spend the allocation.

(4)

After the allocations have been assessed an authority to incur expenditure holder is then issued with the following—

(a)

the authority to incur expenditure number and to whom it is issued;

(b)

the authorized total expenditure;

(c)

a description of the expenditure item;

(d)

the account code number to which the expenditure is to be debited;

(e)

signatures of two authorized officers;

(f)

an official seal embedded on all the copies;

(g)

the financial year expenditure projections; and

(h)

official stamps duly signed by the relevant officials at the Headquarters.

(5)

After receipt of the authority to incur expenditure, the holder shall cause the opening of a subsidiary vote book for all the field offices.

(6)

Although the Master Vote Book shall be controlled at the Sub-County Treasury, the subsidiary vote book must be maintained by the field offices for record and control purposes.

(7)

The subsidiary vote books shall be reconciled with the Master Vote Book on a monthly basis and the monthly expenditure returns prepared thereafter.

(8)

The returns should be submitted to the Chief Accountant by the third day of the ensuing month.

12.

Essential vote control procedures

(1)

In addition to paragraph 9, a public officer who holds any post involving, in any degree, the management of public funds, and in particular an officer to whom power to expend or receive funds is delegated shall be aware of the following essential vote control procedures—

(a)

when the Authority to incur expenditure is issued by the Ministry or State Department or Agency, the allocation shall be entered as a commitment in the Ministry’s or State Department’s or Agency’s master vote book so as to ascertain at all times the availability of uncommitted funds;

(b)

accounting officers whose votes cover field programmes and projects shall issue Authority to incur expenditure to their field officers not later the fifteenth day of each quarter;

(c)

public officers issued with Authority to incur expenditure shall also be informed in writing that the actual expenditures should not exceed the limits authorized in the Authority to incur expenditure;

(d)

all Authority to incur expenditure issued to field public officers shall show the following details and copies submitted to the Internal Audit Department of the National Treasury and the Auditor-General—

(i) the gross total amount of funds per vote allocated and applied against the Authority to Incur Expenditure issued; and
(ii) the total amount of appropriation–in–aid to be collected;
(e)

each accounting officer shall cause records to be kept in the prescribed format and shall clarify the following, in respect of each of his or her votes—

(i) the total amount of expenditure sanctioned for service of the year;
(ii) the amount of the expenditure charged; and
(iii) any further known liabilities in respect of the year.
(f)

the Authority to incur expenditure holder shall note the following in terms of control of expenditure—

(i) only the officer to whom the Authority to incur expenditure has been issued shall be permitted to commit or incur expenditure against it;
(ii) an Authority to incur expenditure holder shall not wait for suppliers to submit invoices in order to clear his or her commitment, but he or she shall regularly have his or her outstanding commitments checked and enquiries made from the suppliers, particularly in the last three months of the financial year.
(2)

The processing of vouchers at any paying station shall be done in accordance with the standard processing routines which are meant to document and enforce strict control over the flow of vouchers in order to avoid processing payments of forged and invalid vouchers.

13.

Revenue Collection

(1)

Sums collected must not be used to meet expenditure or used to augment a standing or personal imprest.

(2)

Collections must be remitted to Sub-County Treasury weekly.

(3)

Notwithstanding h (2), where the amount at hand, at any time, exceeds five hundred shillings, the amount shall be remitted immediately.

(4)

Details of the collections shall be written into the Revenue Cash Book on the Receipts side giving details of the transaction.

(5)

The Revenue Cash Book shall be balanced weekly and the amount deposited with the relevant Sub-County Treasury.

(6)

All receipts of money, in whatever form, must be acknowledged immediately by the issuance of an official receipt.

(7)

Unless there is a special receipt for firearms licenses, the cash bail, and the prisoner’s property shall be recorded in a Standard Miscellaneous Receipt, Form 6.

(8)

The full details under h (7) shall be entered on the receipt, including—

(i) the name and address of the person paying the money,
(ii) the amount in words;
(iii) the description of the service given for which the money has been paid; and
(iii) the relevant vote-head and item code to which the money is to be credited, which hsall be inserted at the bottom right hand corner of the receipt.
(9)

Where an error has been made in the receipt, the receipt shall not be altered but a new receipt shall be prepared; and the incorrect one must be cancelled by writing "cancelled" across all three copies of the receipt in indelible pencil or ink.

(10)

When copies of a cancelled receipt under paragraph (9) have been removed, they shall be pasted back into the book.

(11)

Cheques drawn on the banks in the Republic may be accepted provided they are made payable to "Inspector General".

(12)

An officer must use discretion as to the advisability of obtaining a Banker’s guarantee as he or she shall be responsible for any loss sustained by the Government if cheques accepted by them are dishonoured.

(13)

The Inspector-General shall prepare a quarterly report not later than the fifteenth day after the end of the quarter.

(14)

The quarterly report prepared under h (13) shall include—

(a)

a statement of receipts and disbursements in such form as the Public Sector Accounting Standards Board may determine;

(b)

a statement of arrears of revenue which shall be classified by financial year; and

(c)

reasons for material differences between approved estimates and the actual revenue collected.

(15)

The accounting officer, receiver of revenue or collector of revenue shall include in the report under h (13), the following details in respect of each waiver or variation—

(a)

the full name of each person benefiting from the waiver or variation;

(b)

the amount of tax, fee or charge affected by the waiver or variation;

(c)

the year to which the waiver or variation relates;

(d)

the reasons for the waiver or variation; and

(e)

the law in terms of which the waiver or variation was granted.

(16)

The quarterly report under h (13) shall be submitted to the National Treasury with a copy made to the Auditor-General.

14.

Miscellaneous Receipts

(1)

Only one Miscellaneous Receipt Book shall be in use at any one time.

(2)

The stock of Miscellaneous Receipt Books shall be in the custody of the Sub-County or Formation Commander who shall issue them to the cashier as required.

(3)

The Miscellaneous Receipt Book shall be used in strict serial number order and each receipt shall be entered in a "Receipts" Duplicate Cash Book at the time of issue.

(4)

Miscellaneous Receipt Books for Nairobi Formations shall be issued by the Chief Accountant, Kenya Police Headquarters and for Counties, Sub-Counties and field offices shall be issued from the Sub-County Treasuries.

(5)

A revenue collector shall be appointed by the accounting officer and the officer so appointed shall receive a letter of appointment and shall follow the instructions contained therein and any subsequent instructions which may be issued.

(6)

A County, Sub County or Unit Commander shall be responsible for ensuring that a person hiring a police officer under their command for private purposes is notified of the cost of the hire and that the amount due is collected.

(7)

A County, Sub County or Unit Commander shall maintain in respect of their Sub County a "Register of National Police Hired for Private Purposes" with regards to sub paragraph (5) above.

(8)

Every revenue collector shall, on the fifteenth July of every year, submit a "Return of Arrears of Revenue" to the Chief Accountant at National Police Service Headquarters.

(9)

The return under sub paragraph (6), including Nil returns, must be made up to the thirtieth June, and signed personally by the Collector.

(10)

The annual statement of Revenue prepared by the receiver should be shown as a footnote including details of arrears as at thirtieth April and the statement that was uncollected as at thirtieth June in the year to which the revenue of account relates.

(11)

Arrears in respect of the previous years must be distinguished from arrears arising in the year to which the account relates.

(12)

Any revenue abandoned should also be shown as a footnote.

(13)

In respect of both arrears and abandonments, only those items involving an amount of one hundred thousand shillings or more need be shown separately and the remaining items may be grouped and shown as one total in each category.

(14)

Where there is a nil return the particular footnote may be omitted entirely.

(15)

Any refund of revenue requires the authority of the accounting officer before it can be made.

(16)

Applications shall be submitted to the Chief Accountant, Service Headquarters, for a countersignature.

(17)

Completely used up Miscellaneous Receipt Books containing only the triplicate copies shall be retained in the Sub- County or Formation until the Controller and Auditor-General have inspected them and completed their local audit.

(18)

When the Controller and Auditor-General have signified that they have finished with the books under h (14), such books shall then be destroyed by burning in the presence of two responsible officers.

(19)

A list of the books destroyed under sub paragraph (15), with a certificate by the witnessing officers that they have been destroyed should be forwarded to the Controller and Auditor-General with a copy to the Chief Accountant, Service Headquarters.

(20)

Obsolete books which are partly used should have the unused receipts cancelled and the books then be destroyed in the, same way as completely used books.

(21)

Obsolete books which are wholly unused may be destroyed without prior reference to the Controller and Auditor General.

(22)

A list of the books under sub paragraph (18), showing the serial numbers of the receipts destroyed, shall be made out in duplicate and the destruction must be carried out by two responsible officers, neither of whom should be immediately responsible for the custody of the receipt books or for the cash receivable thereon.

(23)

The officers under h (19) must sign a certificate of destruction certifying that they have destroyed by burning all the receipt books shown on the list.

(24)

The original of the certificate under h (20) and the list of the books destroyed, shall be sent to the Controller and Auditor-General and the duplicate shall be retained by the officer responsible for the custody of the books in question and used as a supporting voucher for the entries in the officer’s register.

(25)

The supplying officer, other than the Government Printer, shall also be informed.

15.

Receipts of Goods and Services

(1)

Expenditure commitments for goods and services shall be controlled against spending and procurement plans approved by the responsible accounting officer, based on allocations and allotments from approved budgets.

(2)

The accounting officer of that government entity shall make an expenditure commitment only against the procurement plan approved for that entity in accordance with the Public Procurement and Asset Disposal Act (Cap. 412C) and Regulations.

(3)

A procurement plan shall include proper descriptions of the procuring items, unit cost, the estimated contract value, and the procurement method relating to the annual portion of a multi-year contract and delivery schedule.

(4)

Any changes to approved procurement plan during the year shall be approved by the responsible accounting officer.

16.

Receipt of goods and services beyond the stipulated period

(1)

A local purchase order or local service order shall be valid for a period of thirty days from the date of issue.

(2)

A public officer who receives goods or services beyond the stipulated period specified in subparagraph (1) commits an offence under the Public Finance Management Act (Cap. 412A).

(3)

A public officer involved in the processing of a payment with regard to goods or services delivered after due date shall inform the accounting officer of this anomaly before proceeding to process the payment.

(4)

The public officer in charge, who fails to ensure the local service order or local purchase order is cancelled after thirty days commits an offence under the Public Finance Management (Cap. 412A).

17.

Unauthorised spending

(1)

Except as provided for in the Public Finance Management (Cap. 412A) and the regulations thereof, an accounting officer of an entity may not authorize payment to be made out of funds earmarked for specific activities for purposes other than those activities.

18.

Imprest warrant

(1)

An imprest warrant shall be issued if it is necessary for an officer to make payments not exceeding one thousand shillings or to make other payments which cannot conveniently be made direct by cheque by the relevant Sub-County Treasury, such as rewards to informers.

(2)

An imprest warrant shall be issued for a specific purpose and any payments made from it shall be only for the purposes specified in the imprest warrant.

19.

Managing Imprest Transactions

(1)

Pursuant to regulations 91, 92, 93 and 94 of the Public Finance Management Regulations, 2015, an imprest means a form of cash advance or a float which the accounting officer may authorize to be issued to officers who in the course of duty are required to make payments which cannot conveniently be made through the cash office of a government entity or bank account.

(2)

The officer authorised to hold and operate an imprest shall make formal application for the imprest through an imprest warrant.

(3)

Funds disbursed for imprest shall not be kept or held in an official bank account but in a separate or personal bank account operated by the imprest holder or in the form of cash under safe.

20.

Determination of Imprest Levels

(1)

The accounting officer or Authority to Incur Expenditure holder shall approve the establishment of an imprest facility including the maximum amount for the specific purpose of that facility.

(2)

The types of imprests are—

(a)

standing imprest which involves personal responsibility as it is issued to an officer in his own name and not to a holder of an office and is intended to be operational for a time and should systematically be reimbursed;

(b)

special imprest for a particular purpose which shall be accounted for by the submission of vouchers and the repayment of unexpended cash;

(c)

temporary Imprest which shall be issued in accordance with regulations currently in Service and must be surrendered within forty-eight hours following return from official journey in accordance with regulation 93 of the Public Finance Management Regulations (Sub. Leg).

(3)

All imprest warrants shall be authorized by the accounting officer and each imprest warrant shall be serially numbered, and the number quoted in all correspondence in connection therewith.

21.

Standing Imprest

(1)

Standing imprests are normally issued to Sub County and independent Formation Commanders for a financial year.

(2)

Applications for standing imprests shall be submitted by the County, Formation or Sub-County Commander in each formation under their control in their own name indicating—

(a)

name of the officer and title of the office;

(b)

amount required;

(c)

estimated monthly expenditure;

(d)

purpose for which the Imprest is required with brief details such as—

(i) miscellaneous cash sale receipts Kshs………….
(ii) personal claims Kshs………….
(iii) travelling claims Kshs………….
(e)

security arrangements available for the safe custody of the cash; and

(f)

arrangements made to maintain a duplicate cash book which must be recorded and balanced daily.

(3)

The amount of cash on issue as imprest shall be kept to an absolute minimum and the money must be found from the total sum voted by Parliament annually for the Service.

(4)

Standing imprest shall be issued to an officer by name and not to the holder of a post and that officer shall be personally responsible for the transactions of the Imprest during the period he is occupying the post at the imprest.

(5)

If the imprest holder leaves the service or is transferred, he or she must surrender the total standing imprest and a new one issued to the successor.

(6)

Standing imprest shall be in operation for a time and shall require bringing the cash level of the advance continuously up to the agreed fixed level by systematic re-imbursement of expenses.

(7)

The holder of a standing imprest shall keep a memorandum cash book to record all receipts and payments and the amounts at hand shall agree with the cash balance recorded in the cash book and, in the absence of any receipts, the actual cash balances plus the expenses paid shall equal at all times the fixed level of the imprest for which the imprest holder is personally responsible.

(8)

When the imprest holder needs to have his or her funds replenished, he or she shall send an abstract and analysis of his memorandum cash book, plus originals of the supporting payment vouchers to accounts division

(9)

If the accounts division in subregulation (1) is satisfied that the expenditure has been incurred and for the intended purposes and that there is no irregularity in the payment vouchers, the accounts division shall arrange for the analysed expenditure to be posted to the various heads and items and for the cash to be transferred to the imprest holder so as to "top-up" his or her fund.

(10)

The head of the accounts division shall ensure that frequent spot checks are made of the standing imprest itself by a responsible officer and the following actions shall be taken during the spot checks—

(i) counting the cash on hand;
(ii) confirming that the actual cash at hand corresponds with the balance as recorded in the cash book;
(iii) confirming that all expenses and receipts since the last check have been properly recorded and are properly documented;
(iv) ensure that the documents justify the difference between the fixed imprest level and the actual cash balance; and
(v) report on any anomalies found to the head of the accounts section.
22.

Temporary Imprest

(1)

A temporary imprest shall be issued to an officer by name and he or she shall be personally responsible for the sum until it is accounted for, within the specified time.

(2)

Temporary imprests shall be issued in respect of official journeys to cover travelling, accommodation and incidental expenses.

(3)

Before issuing a temporary imprest under subparagraph (2), the accounting officer shall ensure that—

(a)

the main objective of the journey cannot be achieved by other cheaper means;

(b)

the applicant has no outstanding imprests;

(c)

the applicant has been recorded in the imprest register including the amount applied for; and

(d)

adequate funds are available against the relevant items of expenditure to meet the proposed expenditure.

(4)

A holder of a temporary imprest shall account or surrender the imprest within seven working days after returning to duty station.

(5)

Where the imprest holder fails to account for or surrender the imprest on the due date, the accounting officer shall take immediate action to recover the full amount from the salary of the defaulting officer with an interest at the prevailing Central Bank rate.

(6)

If the accounting officer does not recover the temporary imprest from the defaulting officer as provided for in regulation 93(7) of the Public Finance Management Regulations (Sub. Leg) the accounting officer commits an offence as provided for under the Public Finance Management Act (Cap. 412A).

(7)

In order to effectively and efficiently manage and control the issue of temporary imprests, an accounting officer or an Authority Incur Expenditure holder shall ensure that no second imprest is issued to any officer before the first imprest is surrendered or recovered in full from his or her salary.

(8)

If the accounting officer or Authority Incur Expenditure holder under subparagraph (7) does not comply with the provisions of this paragraph, he or she commits an offence as provided for under the Public Finance Management Act (Cap. 412A).

(9)

If an imprest is to be recovered from any public officer by instalments then the accounting officer shall personally authorize such recovery because it is no longer an imprest but an unauthorized advance from Government Funds.

(10)

In addition to the interest charged under subparagraph (5), the accounting officer shall take appropriate disciplinary action against the officer concerned for the abuse of the imprest.

23.

General guidelines on imprest and payments

(1)

Each payment, whether from a standing, special or temporary imprest shall be entered in an imprest ledger.

(2)

Payments shall be supported by vouchers containing full details of the expenditure and quoting the authority for the payment.

(3)

A voucher shall be certified as correct by the officer incurring the expenditure and must include any other certificates that may be required.

(4)

Financial and procurement procedures musts be followed when committing public funds to any use.

(5)

The vouchers must be serially numbered commencing with number 1 each financial year.

(6)

A standing imprest shall be reimbursed at weekly intervals where necessary, but not less than once per month.

(7)

Applications for reimbursement shall be made in schedule form giving details of the reimbursement required and supported by a covering reimbursement voucher using an F.O.20 and supporting payments and receipts in the case of County or Sub-County and these may be submitted to their respective Sub-County Treasuries where the vouchers shall be scrutinized before reimbursing the imprest.

(8)

With regards to county police officer, Nairobi Area and formations within Nairobi, standing imprest shall be obtained and reimbursed by the Chief Accountant, Service Headquarters.

(9)

All vouchers shall be scrutinized by the Accounts Section at Service Headquarters and at Sub-County Treasury and, if in order, shall be reimbursed by cash or cheque payable to the imprest holder.

(10)

Any payment which has been made without authority or is irregular in any way shall be disallowed and no reimbursement shall be made until a satisfactory explanation has been received from the officer responsible for the payment. If the explanation is unacceptable the officer is liable to be surcharged.

(11)

A special imprest shall be issued to cover expenses connected with special state duties.

(12)

A special imprest shall be surrendered at the end of the period for which it was issued with a certificate to the effect that the expenditure was properly incurred and was not for personal benefit.

(13)

Clearance shall be effected after the submission of vouchers supported by receipted invoices or other evidence of expenditure together with any unexpended cash balance.

(14)

Any special imprest utilized for any expenditure on services of a confidential nature, the purpose and the particulars of which cannot be made public, shall be supported by a certificate that the money has been paid, and a declaration by the Cabinet Secretary responsible for the national government entity and the relevant accounting officer that they have satisfied themselves that the money has been properly expended, and has not been used to supplement the emoluments of any officer.

(15)

No cheques shall be cashed from the standing imprest.

(16)

All imprests officially lapse at the end of the financial year.

(17)

To ensure that the imprest account is cleared before the end of the financial year, Formation or Sub-County standing imprest shall be retired on the 21st June, each year.

(18)

All unpaid vouchers by the 30th June shall receive first priority on the following year’s allocated funds.

(19)

All payment vouchers shall be processed through the relevant treasuries.

24.

Duties of an Imprest Holder

An officer holding an imprest shall ensure that—

(a)

the imprest issued to him or her shall be used for the intended purpose only;

(b)

the imprest moneys and any payment vouchers awaiting replenishment are adequately safeguarded at all times;

(c)

proper cash sale receipts are received for all payments out of the imprest;

(d)

the full amount of the imprest can be accounted for at all times in cash, stamps, money at bank and completed payment vouchers; and

(e)

goods purchased through imprest are taken on charge and certificate issued.

25.

Custody of Public Money and Maintenance of Cash Books

(1)

All public money must be kept in a Treasury safe or cash box which cannot be broken into or removed.

(2)

No money other than public funds may be kept in an official safe or cash box and the lodging of public money in a private account or private money in a public account is strictly prohibited.

(3)

The officer to whom an imprest is issued or who is required to collect revenue shall be held personally responsible for the safe custody of the cash or cheques.

(4)

The officer-in-charge of a Sub-County or Formation is permitted to delegate the following duties in connection with his or her responsibility—

(a)

custody of the safe key to an officer not below the rank of Chief Inspector, to the Office Superintendent, or to the Sub-County or Formation cashier;

(b)

daily checking of the cash books to an officer not below the rank of Chief Inspector or to the Office Superintendent and the officer checking the cash book should sign the cash book at the last entry examined to signify his or her satisfaction to the correctness of all entries since the last check.

(5)

The delegation made under subparagraph (4) shall be in writing, stating specifically the extent of the duties so delegated and be notified to the Chief Accountant in accordance with regulation 105 of the Public Finance Management Regulations, 2015.

(6)

The "officer-in-charge" in paragraphs (7) and (8) shall be the person to whom the delegation is made.

(7)

The safe key must be retained in the personal custody of the officer-in-charge of the Sub-County or Formation and where the officer leave his or her station for a period of more than twenty four hours, he or she must check the contents of the safe with the officer next in seniority to him and hand over the key in a sealed envelope.

(8)

When the officer-in-charge returns to the station, he or she shall check the contents of the safe with the officer who had the custody of the key.

(9)

Measures shall be taken to prevent cash boxes from being broken open or removed and wherever possible they shall be securely attached to a table or other solid article of furniture and the place in which they are kept shall not be left unattended or unguarded.

(10)

When the charge of public money and the key of a safe or cash box are handed over from one officer to another on change of command, the receiving officer shall cause the books recording the cash contents of the safe or cash box such as the cash books and a handing-over and taking-over certificate shall be completed and signed by both officers.

(11)

The certificate under (10) shall be forwarded to the Chief Accountant, Service Headquarters in respect of the Nairobi Area and Formations based in Nairobi and the Sub-County accountants for the rest of Formations and Sub-County except where the handing-over is due to the temporary absence of an officer, in which case a copy of the certificate should be retained and filed by both officers.

(12)

All sums received by mail or by hand, whether in the form of cheques, money orders, postal orders, drafts or cash must beentered immediately in a "Register of Cheques, Money Order, Received" (Form 12) by the officer responsible for the custody of cash and the entry shall then be cleared by noting in the relevant column of the Register the reference number and date of the miscellaneous receipt issued.

(13)

All uncrossed cheques, drafts, money orders or postal orders must be immediately crossed.

(14)

The following procedure shall be adopted when reimbursing an imprest—

(a)

Chief Accountant of the respective Service headquarters shall reimburse County Commanders of Nairobi and formations within Nairobi;

(b)

County Accountant shall reimburse County Commanders and Formations outside Nairobi;

(c)

Sub-county accountants shall reimburse subcounty/divisions/formations within those sub-counties;

(d)

the Chief Accountant, the County accountant and the sub-county accountant shall forward the specimen signature endorsement card with a covering letter to the relevant Bank within the locality.

(15)

All remittances of notes and coin must be insured in order to ensure that on each occasion that cash is carried between a bank and a police formation or between police formations and an "Insurance of Specie" Form (ADM.40 Form A) shall be completed and forwarded to the respective Chief Accountant, Service Headquarters.

(16)

Where the Form under h (15) is not completed and the cash is lost during a transfer, the police officer who failed to fill the form shall assume responsibility for the loss in the event the insurers may disclaim responsibility.

(17)

In cases where the transaction under h (15) takes place more than four times in a month, a consolidated return may be submitted to the respective Chief Accountant, Service Headquarters.

(18)

Cash books, the main one being held by the Chief Accountant and the duplicate Cash Books for both Standing imprests and Revenue collections for formations and Sub-Counties, shall contain a daily record of every transaction as it occurs.

(19)

A daily check, including examination of payment vouchers, receipts and actual counting of the cash, including unpaid salaries, shall be carried out by the officer in charge of the Sub County or Formation.

(20)

The officer in charge of the Sub County or Formation shall sign and date each book of account to show that this duty has been performed and the signature shall attest to the correctness of all entries and of the cash balance.

(21)

The duty under h (20) shall—

(a)

not be delegated to the officer who receives cash or writes up the cash books; and

(b)

not require each entry to be initialled.

(22)

Any surplus cash shall be credited immediately to the revenue item "Miscellaneous Receipt-Sundry" and in no circumstances shall a surplus be placed on deposit or reserved in any way to meet possible future deficits.

(23)

The following rules shall be followed at every inspection—

(a)

at every inspection performed at a police station or post, and on other occasions as opportunity may allow, inspecting officers shall check meticulously any public or official money and books of account and any records relevant thereto including bail money, cash deposited as prisoners property, any cash or valuables held as "found property" or exhibits in cases, with any money or valuables that may be on official charge;

(b)

the officer shall sign and date the records concerned certifying that such a check has been carried out and that records in connection therewith are in order and that the cash, or other valuable property, is present and correct;

(c)

the respective County Commanders shall carry out a similar procedure to that laid down in sub paragraph (a) above when visiting or inspecting Sub-County Headquarters; and

(d)

failure on the part of the officers concerned to carry out regularly the inspections and checks of books of account, cash and other valuable property on police charges as laid down in hs (a) and (b) above shall be regarded as a serious dereliction of their duty.

(24)

The procedure for the receipt of money at a police station shall be as follows—

(a)

all cash bail received shall be accounted for by the immediate issue of a cash bail receipt;

(b)

when the bailee appears in Court and the case has been completed, the bail money shall be returned to him or her and the original receipt shall be received from the bailer when the cash is handed over;

(c)

the original receipt and a copy shall remain in the cash bail book;

(d)

in the event of the bailee not appearing when called, the procedure detailed in Prisoners and Accused persons Order in these Service Standing Orders shall be followed;

(e)

the Court receipt shall be attached to the duplicate copy of the cash bail receipt in the Cash Bail Receipt Book;

(f)

in the event of the bailee attending Court and failing to collect the cash bail due to him or her at the completion of the case, the money shall not remain at the station for a period exceeding one month;

(g)

at the end of one month the cash bail shall be forwarded directly to the Chief Accountant at the Service Headquarters where a receipt shall be issued;

(h)

The receipt issued under (g) shall be attached to the triplicate receipt in cash bail receipt book and the money shall be placed on deposit at Service Headquarters;

(i)

the money shall be remitted to Headquarters, either in the form of a cheque obtained from the Sub-County Treasury or by paying the money direct into the Paymaster General’s Account to the credit of Police and forwarding the properly stamped and the cheque or paying-in certified paying-in slip;

(j)

the cheque or paying-in slip must be forwarded to the Chief Accountant Service Headquarters under registered cover and the registered slip must be attached to the triplicate copy of the cash bail receipt to which it refers;

(k)

in the event of the bailee appearing at some later date and requiring the refund of the cash, application must be made to the Chief Accountant, giving full details of the miscellaneous receipt; cash bail receipt and the name of the individual;

(l)

a payment voucher shall be prepared by the Chief Accountant at Service Headquarters and a cheque made payable to the bailee forwarded to the police station concerned;

(m)

all cash received from prisoners shall be taken into account by the issue of a Prisoners’ Property Receipt to the prisoner and upon the prisoner’s release, the money if due to him, should be refunded on presentation of the original copy of the receipt;

(n)

the original copy of the receipt shall be affixed to the copy of the Prisoners’ Property Receipt in the book;

(o)

in the event of a prisoner not claiming his or her property, the money shall be remitted to the Chief Accountant Service Headquarters, to be placed on deposit, where the procedure laid down for unclaimed cash bail shall be adopted;

(p)

Distress Warrants: - money collected by a police officer as a result of the issue of a Court warrant must be acknowledged by the issue of a miscellaneous receipt tothe payer and no money may be accepted unless such a receipt is issued;

(q)

a separate receipt book shall be issued to all police stations from Service Headquarters to be used for the purpose of h (p) and for no other purpose;

(r)

when money has been received from a person named in a Court warrant the original receipt must be issued to him or her and the duplicate receipt must be forwarded together with the cash to the nearest court;

(s)

the receipt given by the Court for the paying over of this money must be pasted to the triplicate copy remaining in the Miscellaneous Receipt Book;

(t)

money received as a result of distress warrants shall not be retained any longer than absolutely necessary and the money shall not necessarily be forwarded to the Court responsible for the issue of the warrant but shall be paid to the nearest court, reference shall also be made to Chapter 59 of these Orders;

(u)

Court Exhibits (Cash): any cash which is an exhibit in a criminal case shall not be brought to account in the Miscellaneous Receipt Book or other receipt books of the Station but shall be entered in the Exhibit Register;

(v)

cash exhibits shall be placed in a sealed envelope and a note of the contents and the case file number shall be recorded in ink on the outside of the envelope.

(w)

Lost and Found Property (Cash): found property including money shall not be brought to account in the Miscellaneous Receipt Book but shall be treated in a similar manner to exhibits and shall be available for verification, against the Lost and Found Property Register;

(x)

a record of the handing over and taking over of the lost and found property shall be recorded in the Occurrence Book;

(y)

Found cash shall be placed in a sealed envelope and a note of the contents and the relevant Lost and Found number shall be written in ink on the envelope;

(z)

Miscellaneous Revenue — at a police station, revenue shall normally comprise such items as payments received for private telephone calls and Railway Warrant refunds and this revenue shall be acknowledged by the issue of a Miscellaneous Receipt to the payer;

(aa)

the original miscellaneous receipt shall be handed to the payer and the duplicate shall be forwarded to Sub-County Headquarters together with the actual cash, cheque or paying-in clip, whichever is most suitable;

(bb)

the Sub-County shall forthwith issue a Miscellaneous receipt to the station and this receipt shall be pasted in the Stations Miscellaneous Receipt Book to prove the paying of the revenue;

(cc)

in the event of a Sub County giving one receipt for several collections made by the station, the Sub County must quote on their receipt the numbers of the stations Miscellaneous Receipts covered by the one receipt;

(dd)

General- It is essential that all police officers shall be aware of the procedures laid down under this paragraph in detail; and

(ee)

with regard to inspections carried out by visiting officers, the inspection must include a detailed check of all receipt forms, registers and cash and it is the responsibility of the Sub County officer to insure that a police station maintains a proper set of books such as Civil Process Register, Exhibits Register and Lost and Found register.

(25)

The record in the Occurrence book of the handing and taking over of property, shall include confirmation that all cash on hand has been verified and is in accordance with all the records maintained by the station.

(26)

Outstanding receipts such as cash bail, prisoners’ property, among others, shall be recorded in the Occurrence book showing the sums of money held against each receipt.

(27)

If the money is held in the custody of another officer, this shall be noted and the entry shall conclude with a certificate to the effect that all moneys have been accounted for and are correct.

(28)

The same procedure outlined under h (27) shall be followed by inspecting officers and by station commanders when checking moneys on hand.

(29)

No erasure shall appear in any book of account, any necessary correction to an erroneous entry must be made by striking out the whole amount with a single line and entering a new on a different line below and such alteration must be signed by the officer responsible for the erroneous entry.

26.

Loss of Public Funds and Write offs

Loss of public money shall be dealt with in accordance with the procedure laid down in Public Finance Management Regulations, 2015.

27.

Allowances general

(1)

While it may be considered that the salary attaching to a post represents appropriate remuneration of its holder for proper and efficient performance of day-to-day duties, there are circumstances in which additional payments are warranted.

(2)

The additional payments under h (1) shall be made in form of allowances, either to reimburse a police officer for expenses incurred directly or indirectly in the execution of his or her duties, or to compensate him or her for services demanded over the above normal job requirements.

(3)

The allowances under h (2) shall be temporary and shall not attract any superannuation benefits.

28.

Categories of allowances

(1)

Allowances may be classified under two main categories namely—

(a)

reimbursement allowances; and

(b)

remunerative allowances.

(2)

The payment of allowances shall be made in accordance with Government regulations by the accounting officer who shall be able to justify the award of any allowance if required to do so by the Controller of Budget and the Auditor General.

29.

Reimbursement allowances

(1)

A Police officer on duty who is required to stay overnight away from their permanent station and makes arrangements for boarding and lodging, accommodation allowance shall be paid to him or her at the rates notified in the Directorate of Personnel Management Circulars from time to time, which vary and differs from one area to another and also determined by the officer’s rank.

(2)

The period of absence from the officer’s station shall be determined by the Head of the Department, taking into account factors such as the distance, mode of travel, nature of assignment and the time taken to travel from the permanent station to a specified destination.

(3)

Travelling and accommodation allowance shall be paid for a maximum continuous period of thirty nights.

(4)

A police officer traveling on duty away from his or her permanent station and is compelled to spend one or more nights at a hotel or club, the officer may claim, in lieu of accommodation allowance and on production of a receipted bill, a refund of reasonable charges in respect of the board and lodging.

(5)

In considering whether the charges under h (4) are reasonable, account should be taken of the appropriateness of the standard of the hotel having regard to the seniority and status of the availability of hotel accommodation at the place concerned.

(6)

If a police officer is obliged to take a meal at the hotel or club other than the one they spend the night, the officer shall be reimbursed for costs incurred.

(7)

When a police officer traveling on duty is not required to spend a night away from their permanent station, the officer may be reimbursed on production of receipted bills, the cost of meals taken during the day at a hotel, restaurant or club.

(8)

Owing to the nature of their duties, a police officer performing the functions of the Office of the Deputy Inspector-General, County Commander or a Unit Commander may, from time to time, be called upon to provide hospitality and entertainment and in order to enable the officer meet such expenses, a monthly entertainment allowance may be granted on the authority of the Principal Secretary in-Charge of security.

30.

Subsistence allowance when traveling on duty outside Kenya

A police officer who is required to travel on duty outside Kenya—

(a)

shall be granted a subsistence allowance at the daily rates laid down from time to time by the Directorate of Public Service Management and Salaries and Remuneration Commission;

(b)

the rates of subsistence allowance which are payable for each complete period of twenty four hours commencing from the time of departure from Kenya are designed to meet—

(i) the cost of accommodation, excluding luxury class hotels;
(ii) three meals a day including service charges;
(iii) the local travel expenses such as taxi, bus or train fare; and
(iv) incidental expenses including any taxes and an element in respect of essential entertainment;
(c)

traveling expenses incurred from the airport to a hotel or other residential place, and vice versa, together with any airport charges, fees, vaccination and visas shall be refunded in addition to the payment of subsistence allowance;

(d)

where a police officer is traveling, boarding and lodging, expenses shall be met in full by the Kenyan Government or any other Government organization, a residual allowance up to one-quarter of the standard rate of subsistence allowance may be paid to him to cover incidental expenses;

(e)

where lodging is provided free of charge, subsistence allowance may be paid at three-quarters of the standard rate;

(f)

where the host Government or Organization does not meet the expenses directly but pays an allowance, and such allowance is less than the standard rate of subsistence allowance, the officer may, if so wishes, credit the allowance to the general revenue and, in lieu thereof, claim subsistence allowance in accordance with paragraph 29 above;

(g)

where important delegations consisting of senior officers are required to travel abroad to represent the Government, consideration shall be given to the grant of subsistence allowance at special rates which shall be decided upon the merits and requirements of each delegation;

(h)

applications for subsistence allowance at special rates, giving particulars of the members of the delegation, the countries they are required to visit, the nature of work of the delegation and the length of the stay in each country, should be submitted to the Director of Personnel Management well in advance of the delegations departure from Kenya.

31.

Remunerative allowance

(1)

Remunerative allowances under the Service shall be as set out in this paragraph.

(2)

A hardship allowance shall be paid to a police officer stationed in a designated hardship area as specified by the Government from time to time.

(3)

Special allowance shall be paid as follows—

(a)

drivers allowance in accordance with Service grades;

(b)

signaller allowance in accordance with Service grades and paid up to the rank of senior sergeant;

(c)

bandsmen allowance paid up to the rank of senior sergeant;

(d)

plain clothes allowance payable to officers up to the rank of senior sergeant who are engaged on plain clothes duties;

(e)

instructor’s allowances payable to junior officers up to Gazetted Officers.

(4)

The rate of payment for special allowances under sub paragraph (3) shall be determined by the National Police Service Commission from time to time.

(5)

Transfer allowance amounting to one month of a police officer’s gross basic salary shall be paid to an officer transferred from one station to another immediately prior to his or her departure to new station.

(6)

Transfer allowance shall not be paid to–

(a)

officers who are posted on temporary basis such as relieve duty, for a period not exceeding three months; and

(b)

officers who are transferred on their own request to suit their own convenience.

(7)

Extraneous allowance shall be paid to officers working in certain offices as way of compensating them for the extraneous nature of their work including working for long hours during week days, weekends and sometimes on public holidays, and the rates eligible for payment shall be determined by the Principal Secretary in-charge of security or the Director of Personnel Management from time to time.

(8)

A police officer who takes a minimum of one-half of his annual leave entitlement shall be eligible for leave allowance once a year.

(9)

The rate of leave allowance shall be determined by the Government from time to time.

(10)

A police officer stationed in any designated hardship area may proceed on leave twice a year, that is, from 1st January to 30th June and from 1st July to 31st December, provided that the officer takes not less than half of his or her leave entitlement then he or she shall be eligible for payment of leave allowance twice per year.

(11)

For the unutilized days of applied leave, due to exigencies and leave allowance accrued from the same, the officer shall be entitled to such payments as if the leave was fully granted.

(12)

The National Police Service Commission shall, from time to time or as the circumstances may demand, advise the Salaries and Remuneration Commission to authorize the payment of certain allowances to the officers of the Service and shall provide regulations as to the payment of such allowances as it shall deem fit.

1.

POLICE ALLOWANCES

(a)

English Literacy - The examination for qualification for this allowance is held in September and is open to subordinate officers Members of the Inspectorate who do not possess the requisite English Literacy qualifications may qualify by sitting for the examination but shall not be entitled to any allowances Payable to officers up to and including Chief Inspectors in Nairobi County and to subordinate officers of–

(i) The Dog section of Nairobi and of the Coast County Headquarters.
(ii) All Units of the Mombasa Urban Sub County.
(iii) The D.C.I Coast County Headquarters.
2.

The following "employment" allowances will be paid to officers who are employed on the duties shown within the authorized establishment for those duties, which will be issued from time to time:

(a)

Instructors.

Payable to subordinate officers who are employed on the instruction of recruits in a new vocation.

(b)

Animal Handlers.

Payable to subordinate officers who are in sole charge of a mule, camel or horse. This allowance is not applicable to Dog Handlers.

(c)

Coxwains and water police

(i) Hardship payable to all officers working in area designated as hardship.

These allowances are payable to subordinate officers who are employed full time as personnel handling launches belonging to the port and marine police. Coxwains certificate are issued by East African Railways and Harbours (Marine Section) at Mombasa or Kisumu.

(d)

Drivers

Payable to subordinate officers who have qualified and who are employed as drivers.

Payable to subordinate officers who are employed on Traffic duties

(e)

Radio Operators

Payable to subordinate officers who have qualified and who are employed as Radio Operators.

(f)

Bandsmen

Payable to subordinate officers of the Police Band and Corps of Drums

(g)

D.C.I

Payable to officers of the D.C.I (including Dog Handlers). Drivers are not entitled to this allowance.

Payable to subordinate officers who are engaged on plain clothes duties and who are not in receipt of the al D.C.I allowances. Drivers attached to the D.C.I are eligible for the plain clothes allowances (in addition to Driver’s allowance) but are not eligible D.C.I for ALLOWANCES.

3.

The following "miscellaneous" allowances will also be paid: Payable to women, normally the wives of police officers, who are required to search female prisoners.

(a)

Uniform

(i) Officers of the inspector Free issue of working uniform on appointment or on first promotion to the Inspectorate.
(ii) (Subordinate officer, Free issue.
(iv) G.S.U Field Allowance
4.

The allowances set out in paragraphs 1 and 2 above, with the exception of Swahili and English Literacy allowances, are payable to full-time members of the Kenya Police Reserve.

5.

The allowances set out in paragraphs 1, 2 and 3 (ii) above, may be paid during periods of absence as follows.

(a)

During Interdiction - Uniform allowance only.

(b)

On Courses Held Locally in Kenya

(i) Literacy Allowance.
(ii) Uniform Allowance.
(iii) And D.C.I Allowances, provided that the allowances shall only be paid to officers deployed in the D.C.I who are in receipt of the allowance and who are required to attend a course held exclusively for such officers in order to provide further training in their duties.
(iv) Radio Operators Allowances, provided that these allowances shall only be paid to officers deployed as Radio Operators and who are required to attend a course held exclusively for such officers in order to provide further training in their duties.
(v) Drivers Allowances, provided that the allowances shall only be paid to officers employed as drivers who are normally in receipt of the allowance and who are required to attend a course held exclusively for such officers in order to provide further training in their duties.
(c)

On Leave (including Sick Leave)

(i) Officers entitled to local casual leave may, when proceeding on any such leave, including a maximum accumulation of 32 days once during a tour of service in terms of Regulation No. 29 (i) of the Code of regulations, continue to receive the allowance of which they are in receipt whilst they are on duty,
(ii) Officers entitled to accummulable leave may, when proceeding on leave amounting to 30 Calendar days or less, continue to receive the allowances of which they are in receipt whilst on duty.
(iii) Officers proceeding on vacation leave or accummulable leave amounting to 31 calendar days or more will not be eligible for any allowances, except uniform allowance.
(iv) Officers on sick leave for a period exceeding 30 days will not receive allowances after the expiry of 30 days.
6.

G.S.U Field Allowance (see paragraph 3 (iii) above) may not be paid in respect of periods during which officers–

(a)

are provided with free rations;

(b)

are absent from duty on leave;

(c)

are interdicted or suspended from duty;

(d)

are absent from duty for sickness exceeding 30 days; or

(e)

obtain Hotel Allowance when travelling on duty in circumstances which render it necessary for them to stay in Hotels.

CHAPTER 40 – GUARDS, SENTRIES, HONORS, COMPLIMENTS AND FLAGS
1.

Mounting of Guards and Sentries

Every police officer shall ensure Guards are mounted and Sentries posted as provided in the Operational Manual and the National Police Service Mounting Manual.

2.

Mounting of Guards

(1)

The Service shall ensure Guards of Honour are mounted as laid down in Section 56 of the Manual (1951) and National Police Service Guard mounting manual.

(2)

In addition to h (1), the following procedure shall be observed in the mounting of Guards of Honour—

(a)

Guards of Honour shall be mounted as set out in the Operational Manual and during State and semi-State occasions only;

(b)

the Kenya Army shall provide all Guards mounted for the person of the President, or other Head of Foreign State, at State ceremonies in Nairobi, and other major towns, except ceremonies connected with the Kenya Air Force and the Kenya Navy shall, as a general rule, mount Guards of Honour in Mombasa;

(c)

except as provided by this Chapter or any other relevant law, no Police Guard of Honour shall be provided for the Deputy President, Cabinet Secretaries, or other Members of Parliament, or for other dignitaries on official or semi-official occasions;

(d)

the instructions provided in this Chapter are subject to variation on the direction of the President; and

(e)

guards of Honour shall consist of all available junior officers exceeding twenty files under command of the officer-in-charge of the sub-county concerned and where only one Gazetted Officer (or inspector-in-charge of a formation) is on parade, such officer shall, as Guard Commander, take up position three paces in front of the centre file of the Guard.

3.

Compliments by Guards and Sentries

Every police officer shall be aware of all the details on the strength of Guards of Honour, dress and compliments by Guards and Sentries which are contained in the Operational Manual.

4.

President and members of the Cabinet

The Service shall pay attention to the compliments due to the President and Members of the Cabinet and—

(a)

the president’s Car shall carry the Kenya Coat of Arms on the front and rear, in place of number plates, and where His Excellency is being conveyed in the official vehicle, the Presidential Pennant is flown on the roof at the Centre and the National flag on the bonnet at the Centre and when in a vehicle whose bonnet is not long enough, the presidential pennant shall be flown on the right and the national flag on the left;

(b)

all members of the Cabinet are entitled to fly the National Flag, size 8 in. by 7 in. on the bonnets of their cars, and display the letters "C.S" on plates to the front and rear. Member of Senate display plates with letters "M.S" and Members of National Assembly display plates with letters "M.N.A" in similar manner and the Attorney General, Speaker of the National Assembly and the Chief Justice shall also fly national flag on the bonnet; and

(c)

all ranks of the Service shall be conversant with these car badges, and the subject shall be frequently introduced during lecture periods.

5.

Visit by distinguished

(1)

Where a station is visited officially by a distinguished person who is not entitled to a Guard of Honour, the following procedure shall apply—

(a)

a sufficient number of police officers in ceremonial order shall be detailed to carry out traffic and crowd control; and

(b)

the officer-in-charge of the sub-county or station concerned shall be acquainted with the time of arrival of the visitor and may, if possible, be present in uniform.

(2)

The normal order of dress for officers on such occasions under h (1) shall be determined in the respective Services and Directorate in accordance with dress regulation Order in the National Police Service Standing Orders.

6.

Mode of salute

The provisions of Chapter VII of the Drill (All Arms), 1951 shall guide saluting in the Service.

7.

Personage

(1)

Police officers shall, at all times, salute—

(a)

the President;

(b)

the Deputy President;

(c)

the Chief Justice;

(d)

Cabinet Secretaries;

(e)

Judges of the Court of Appeal and the High Court;

(f)

all Naval, Military and Air Force Commissioned Officers;

(g)

officers of senior status to themselves;

(h)

Prison Service and Disciplined Service officers of senior status; and

(i)

gazetted police officers, provided that gazetted officers shall only salute only those holding a rank superior to their own.

(2)

All officers of the rank of inspectorate and above shall be saluted by all officers holding rank junior to the rank of inspectorate.

8.

Salute on public occasions

A police officer shall not salute when lining a route on public occasions, but shall stand to attention only and where a salute is necessary, only the officer-in-charge of the detachment shall salute.

9.

No salute when on traffic duty

Where police officers are directing traffic, such officers shall not be required to salute unless spoken to by a person entitled to be saluted.

10.

Compliments

A police officer having been saluted by another officer shall always acknowledge the compliment in the correct manner.

11.

Salute when National Anthem is being played

On every occasion when the National Anthem is played—

(a)

all ranks of police officers shall stand to attention and salute, unless prevented from doing so by the nature of duty at that particular time;

(b)

members of the Inspectorate and junior officers shall face the crowd to ensure there is no form of insecurity in the area under their charge; or

(c)

where Units are on parade carrying arms, the salute shall be given in time with the third movement of the "present" and second movement of the shoulder arms.

12.

Saluting colours

The saluting colours in the Service shall be as follows—

(a)

all ranks shall salute uncased colours except as provided for in paragraph 5 and 6;

(b)

all ranks shall salute service funeral cortege except as provided in paragraphs 5 and 6;

(c)

when attending a service funeral, police officers shall salute at the sounding of the "Last Post" and "Reveille", coming to the salute on the first note of the Last Post and down on the last note of Reveille;

(d)

when a firing party is present, the provisions of paragraph 7 shall be followed; or

(e)

police officers laying wreaths at the graveside shall salute the grave, both before and after laying the wreath.

13.

Saluting by officers of other ranks

Every police officer below the rank of Inspector in the Service shall salute members of the Inspectorate and police officers superior in rank to their own, and shall stand to attention when addressing or being addressed by such police officers.

14.

All ranks to be instructed in saluting

All ranks newly posted to a sub-county are required to ascertain the identity of officials and leading citizens of their subcounty and such officers shall at all times be punctilious in the matter of saluting.

15.

senior officers by plain clothes personnel

A police officer in plain clothes shall recognize senior officers in the Service if the officer meets such senior officers unless circumstances render recognition inadvisable.

16.

Presidential standard

The Presidential Standard personal to the President shall be flown in accordance with directions contained in circular number nine issued by the Principal Secretary, Office of the President on 15th July, 1968.

17.

Service flag

The respective Service Flag shall—

(a)

be flown at all respective police formations units and components and posts other than temporary patrol bases; and

(b)

where two or more formations exist at one place, be flown together with the National Flag.

18.

National flag

(1)

The Kenya National Flag shall—

(a)

fly at all County and Sub-County Headquarters and at all police stations, posts and outposts other than temporary patrol bases;

(b)

where formations authorized to fly both the National and Service Flags together, be flown together and the formation shall maintain two flag poles of equal height preferably to the front, one on each side of the main entrance of the principal police building of any Unit and the two flagpoles shall be equidistant from the entrance; and

(c)

fly from the left hand flagpole, when towards the building, on all occasions except where the Presidential standard is to be flown, the National flag shall be flown on the right hand flagpole while the Presidential flag shall be flown on the left hand flag pole.

(2)

The National Police Service may allow certain variations to occur to what has been provided in h (1) due to landscape difficulties or other common reasons and example may apply to frontier posts where it may be appropriate to fly the dual flags either side of the gate or barrier for prestige reasons.

(3)

In every instance where variations in sitting flagpoles necessarily occur, the new position shall be approved by the County Commander.

(4)

The flags shall be hoisted at "Reveille" and lowered at "Retreat" daily.

1.

Guards of honor shall be mounted for the following on State and Semi-State occasions only after clearance from the Inspector Generals’ Office—

(a)

His Excellency the President; and

(b)

Heads of foreign countries on state visits to the Republic.

2.

Composition - A Guard of Honour shall consist of one gazetted officer and all available men up to fifty, with buglers. When a Gazetted Officer is not available, the senior member of the Inspectorate available shall take charge of the Guard, but every effort shall be made to ensure the availability of a Gazetted Officer.

3.

Dress-Full dress shall be worn and the Guard of Honour shall be armed with rifles and bayonets. The Guard Commander shall carry a sword.

4.

Procedure - The Guard of Honour shall march to the place of parade column of threes. On arrival at its destination, the following orders shall be given by the Commander–

(a)

"Guard of Honour: HALT".

(b)

"Guard of Honour: ADVANCE, LEFT TURN".

The Guard Commander shall turn to face the Guard, and take up his position three paces in front of the centre of the front rank of the Guard.

(c)

"Guard of Honour: FORM TWO DEEP".

On this command, odd numbers of the centre rank shall take a pace to the left front with the left foot, and a pace forward with the right foot; the even numbers shall take a pace to the rear with the left foot and a pace to the rear with the right foot.

(d)

"Guard of Honour: RIGHT DRESS". On this command, the dressing shall be at 24 in intervals. The Senior Sergeant shall march out five paces to the right of the right marker and dress both ranks in turn. On his return to the position in which he dressed the front rank, the Senior Sergeant shall order:

(e)

"Guard of Honour: EYES FRONT" The officer shall turn about on this command. The senior sergeant shall then march back to his position, halt, right turn and take up his dressing. The Guard Commander shall then order:

(f)

"Guard of Honour: ORDER ARMS".

(g)

"Guard of Honour: STAND AT EASE". On the approach of the person for whom the Guard of Honour is mounted, the Guard Commander shall order:

(h)

‘Guard of Honor: ATTENTION" (pronounced "SHUN’)

(i)

‘Guard of Honour: SHOULDER ARMS" When the personage presents himself before the centre of the formation the Commander shall order:

(j)

"PRESIDENT’S SALUTE, PRESENT ARMS" (for "PRESIDENT’S SALUTE" substitute "NATIONAL SALUTE" when the personage is not entitled to a PRESIDENT’S SALUTE). Bugles shall sound.

The following personage shall be accorded salutes in accordance with usual privilege, as under–

Members of the Royal Family having the prefix H.R.H., and foreign Sovereigns and members of their family =

"ROYAL SALUTE,

Presidents of Republics:–

"PRESIDENTIAL SALUTE,

N. B. Royal and Presidential Salutes for visiting dignitaries are the National Anthems of the countries concerned.

The Guard Commander shall then give the order–

(k)

"SHOULDER ARMS;

(l)

‘ORDER ARMS;

He shall then march up to the personage and salute and report: "SIR/MADAM, GUARD OF HONOUR PRESENT AND READY FOR YOUR INSPECTION, SIR/MADAM".

Note: The Guard Commander shall accompany the personage on his/her inspection. He or she shall move level with the personage, and on the side further from the rank being inspected. On completion of the inspection, the Commander shall accompany the personage back to the front of the Guards and request permission to dismiss the Guard, On permission being given; he or she shall again salute and return to his position in front of the Guard. He or she shall then order:

(m)

"Guard of Honour: SHOULDER ARMS".

(n)

"Guard of Honour: PRESIDENT’S (or NATIONAL) SALUTE, PRESENT ARMS". Bugles shall sound.

(o)

"SHOULDER ARMS" The Guard shall remain in this position until the’ personage has departed. He shall then order:

(p)

"Guard of Honour: FORM THREE RANKS The original odd numbers of the centre rank shall take a pace backward with the left foot and a pace to the right with the right foot.

(q)

"Guard of Honour: RIGHT DRESS. The Guard shall return to normal intervals.

(r)

"Guard of Honour: MOVE TO THE RIGHT IN COLUMN OF ROUTE - RIGHT TURN. On this command, the Commander shall also turn to his right and shall march to his position three paces in front of the centre man of the leading section of threes. The Senior Sergeant shall be immediately in front of the leading section of three on the directing flank. The second Senior Sergeant, who until now has been the left guide of the front rank, shall he immediately in rear of the rear section of threes, and on the directing flank.

(s)

"Guard of Honour: BY THE LEFT, QUICK MARCH. The Guard shall march away to a suitable place of dismissal.

N.B. If a Guard of Honour is required to march past, it shall normally do so in column of route, but may be required to march past in line as detailed in paragraph 5 of page 88, Manual of Ceremonial. Guard of Honour mounted with S.L. Rifles shall give orders as laid down in the Manual.

QUARTER GUARDS

1.

Composition - The strength of a Quarter Guard shall depend upon the number of duties required of it. The basic number i one N.C.O. and three men or one N.C.O and six men.

2.

Relieving, Posting and Dismissing a Guard

(a)

When the ground permits the new Guard shall advance in line towards the front of the old Guard and be halted, when possible, fifteen paces in front of it. When this is not possible, the new Guard shall halt six paces from the left of the old Guard facing the same direction.

(b)

The old Guard shall then PRESENT ARMS and the new Guard shall return the salute. N.C.Os shall present arms at the same time as the men. On a Barrack or Quarter Guard, the senior N.C.O. of the Guard shall, while still at the PRESENT (after the new Guard has PRESENTED ARMS); state the number of sentry posts, e.g. "One by day, two by night".

(c)

Both Guards shall then SHOULDER ARMS, ORDER ARMS, AND STAND AT EASE. The new Guard shall be told off, and the first relief sent out. When the first relief of the new Guard is sent out, an N.C.O (normally a Corporal) of the old Guard shall accompany it to bring in the relief sentries. If the relief moves in line, the N.C.O shall be on the left flank, if in file (or single file): he or she shall be at the head of the file or rank. As soon as all the sentries are relieved, the two N.C.Os shall change places, and the N.C.O of the old Guard shall assume command. While the relief is marching round, the commander shall take over the property in charge of the Guard, according to the list on inventory board, at the same time checking the list in the old Guard report.

(d)

When the reliefs have returned, and all men of the old Guard have fallen in, both Guards shall be called to attention, and ordered to SHOULDER ARMS.

(e)

In every case the words of command shall be given by the old Guard first, followed by the new Guard, e.g. "OLD GUARD, SHOULDER ARMS - NEW GUARD, SHOULDER ARMS, etc.

(f)

The old Guard shall then move off, in line if possible, otherwise in threes or files, the new Guard PRESENTING ARMS, "EYES RIGHT" (or left) as it marches off and after changing direction.

(g)

When the old Guard has left, the new Guard shall be addressed by its title, e.g. "Barrack Guard". The new Guard shall SHOULDER ARMS and shall receive the command. "MOVE TO THE RIGHT (or LEFT) IN FILE, QUICK MARCH". It shall be marched to the position previously occupied by the old Guard. Here shall be explained the detail for turning out. The Guard shall dismiss to the guard room, where the orders shall also be read and explained to the men of the first relief when they come off sentry.

(h)

The old Guard shall be marched off and, after inspection of weapons and ammunition, shall be dismissed.

(a)

"GUARD - TURN OUT" (given by the sentry on the guard room), The Guard shall turn out at the double with rifles at high port, and fall in at the shoulder, in open order, taking up their own sizing and dressing. The bugler(s) (if on parade) shall be two paces to the right of the Guard Commander. The guard commander shall be on the right of the Guard.

(b)

The Guard Commander shall order the appropriate compliment and then standing his ground, report to the inspecting officer.

(c)

The Guard shall be inspected at the shoulder by the inspecting officer.

(d)

After inspection, the inspecting officer shall return to the front or the Guard and shall order:

"TURN IN THE GUARD" Guard Commander shall order—

"SENTRY(IES) STAND FAST, REMAINDER TO THE GUARD ROOM DISMISS.

(e)

During the inspection, the sentry(ies) if nearby, shall also be at the shoulder, but shall not salute until visited by the inspecting officer, when he shall then report "No. 1 POST ALL’S WELL, SIR".

Compliments shall be paid according to the following schedule:–

(a)

His Excellency the President

)

Guard shall turn

)

out and present

(b)

The Vice President when acting for His Excellency the president

)

arms at all

)

times between

)

"Reveille" and

(c)

Visiting Heads of State or their Representatives.) "Retreat" and

)

"Retreat" and bugles shall sound

(d)

The Commanders of the Kenya

)

Guard shall turn out and present

Armed Forces and Officers of Foreign States of equivalent or senior rank in theirrespective Service, on official visits to the Republic (in uniform)

)

arms at all times between "Reveille" and "Retreat".

(e)

The Commanders of the Kenya Armed Forces and Officers Of Foreign states of equivalent Or senior rank in their respective Services, on official visits to the Republic when not in uniform, And including officers of the General staff junior to the above.

)

Sentry shall present arms at all times between "Reveile" and "Retreat".

(f)

Inspector-GeneralDeputy Inspectors GeneralDirector, DCI

)))

Guard shall turn out and present arms at all times between

(g)

Assistant Inspector -GeneralSenior SuperintendentSuperintendentAssistant SuperintendentChief InspectorInspectorSenior Sergeant

)))))))

Sentries shall present arms at all times between "Reveille" and "Retreats".

Sergeant

)

Corporal

Constable

)

(h)

Military officers below Field Rank: Chief Inspectors and

)

Sentry to shoulder arms and carry the

)

Right hand

)

Smartly to the

)

Small of the butt

)

Or equivalent

)

Salute with

)

S.L.R.s

Note- Sentries shall not present arms to any officer after dark, but as long as they can discern an officer, they shall halt and turn to their front on his approach, and salute.

The classification of functions is as follows–

(a)

Full State Occasions

(i) The opening of the Parliament,
(ii) State functions to receive and entertain heads of foreign countries,
(iii) State visits to counties in the Republic,
(iv) Any function attended by heads of other countries and which the President attends as President of the Republic.
(b)

Semi-State Occasions

(i) Government functions which are to the attended by the President in his or her capacity as President of the Republic;
(ii) The opening of international conferences and commissions, by the President;
(iii) State visits by the President or Deputy President to County Headquarters centers

Official Engagements

Any other function attended by the President in his or her capacity as the President

CHAPTER 41 – GUIDELINES ON DISASTER AND EMERGENCY MANAGEMENT
1.

Major incident management guidelines

(1)

The Director of Police Operations shall develop major incident management operation guidelines for the Service.

(2)

The guidelines shall provide for—

(a)

the rescue and transport of casualties;

(b)

the involvement, either directly or indirectly, of large numbers of people;

(c)

the handling of enquiries;

(d)

the deployment of emergency services; and

(e)

the mobilizing and organizing emergency services.

2.

Responding to incidents

(1)

The first responding officer at the scene of an incident shall—

(a)

where there is one casualty, follow the normal police response procedure;

(b)

where there are two casualties—

(i) report his arrival at the scene;
(ii) follow or use the normal police response procedure; and
(iii) give an update;
(c)

where there are three or more casualties—

(i) go to the safe rendevous point;
(ii) give an update; and
(iii) await further instructions from the immediate superior officer.
(2)

The following commanders shall be present during an incident response operations—

(a)

a strategic coordination centre commander who shall─

(i) control and co-ordinate the incident at operational level;
(ii) define the scene and, as far as possible, facilitate its protection;
(iii) designate a staff officer to take charge of the control room;
(iv) establish the forward control point;
(v) take command;
(vi) activate the service emergency plan;
(vii) establish and co-ordinate regular inter-agency briefings;
(viii) continually assess the health and safety implications using dynamic risk assessment; and
(ix) where there is a command in place, carry out the tactical plan and inform the superior of the progress;
(b)

a tactical commander who shall—

(i) establish and maintain police command and coordination at the scene;
(ii) develop a tactical plan;
(iii) activate the Scene Emergency Plan;
(iv) record the aims and objectives for the incident;
(v) determine the location for tactical command of the incident based on risk assessment and access, which should be at or near the scene whenever possible;
(vi) where there is a strategic coordination centre commander in place, liaise with him or her and develop a tactical plan based on his or her strategy;
(vii) appoint deputy commander to carry out the tactical plan;
(viii) maintain a full log of incident;
(ix) consult with response commanders from other agencies and where necessary, determine the incident co-ordinating group;
(x) consider other command support units including, logistics, briefing officer, communications, logistics and media;
(xi) obtain a full briefing from the strategic coordination commander;
(xii) identify staff from other agencies responsible for keeping a timed log of recording all decisions and the reason for the decision;
(xiii) establish the incident control post;
(xiv) ensure all policy decisions and the reason for the decisions are recorded;
(xv) obtain briefing from current police incident officer and those from other agencies; and
(xvi) establish, record and co-ordinate regular interagency briefings.
(c)

a major incident specialist commander whose role shall be—

(i) to attend the scene – safe route, upwind and up gradient;
(ii) to attend to staff welfare including supply of refreshments, staff rotation or replacement among others;
(iii) to warn and inform the public;
(iv) to establish a casualty or information bureau;
(v) to consititute documentation teams;
(vi) to establish a victim (body) holding area such as a temporary mortuary;
(vii) to provide and coordinate adequate communications;
(viii) to impose emergency flying restrictions;
(ix) to serve a police role at hospitals including documentation and property teams, reception and public order;
(x) to play liaison roles appropriate to the incident;
(xi) to establish a relative reception and rest centre liaison;
(xii) to oversee survivor reception;
(xiii) to oversee major disaster advisory team;
(xiv) to oversee a national disaster victim identification team support; and
(xv) to liase withother voluntary organisations;
(d)

a strategic and overall incidence commander who shall—

(i) assume overall command of the incident;
(ii) establish the command and control structure;
(iii) determine the composition of the strategic coordination group and where necessary, formulate agenda and chair meetings;
(iv) set, review and update the strategy using the overall principles and common objective;
(v) ratify and review progress of tactical commander’s tactical plan;
(vi) ensure adequate audit trails are in place for the recording of strategy, objectives and decisions;
(vii) assess resource implications and consider mobilisation issues;
(viii) ensure appropriate financial controls are in place;
(ix) agree on a media strategy;
(x) liaise with national and regional organisations;
(xi) review business continuity and staff welfare issues; and
(xii) in conjunction with the relevant authority, establish a recovery working group.
(e)

a military support commander (chief of command) who shall—

(i) be accountable to the overall incident management commander;
(ii) monitor the operation for and on behalf of the overall incident management;
(iii) anticipate the needs of both the police tactical incident management commander and the strategic coordination center commander;
(iv) manage the major incident control room;
(v) ensure that the room is adequately staffed and equipped;
(vi) support the strategic co-ordination centre commander as required in running of strategic coordination group or strategic co-ordination centre;
(vii) avail all the necessary staff, technical and material resources required by the incident officer; and
(viii) report to the overall incident commander on the developments of the support area.
(f)

a media spokesperson who shall—

(i) be accountable to the overall incident commander;
(ii) be responsible for the release of information to the media as instructed by the overall incident commander;
(iii) liaise with representatives of other agencies to whom the media may go for information, and the co-ordinating group;
(iv) be in charge of the routine media briefing point and supervise police press liaison personnel;
(v) issue contact numbers for press enquiries;
(vi) vet all information supplied to the media to ensure it is accurate;
(vii) arrange press conferences and provide onsite media facilities where necessary; and
(viii) provide continuous situation reports and information;
(3)

The following institutions shall be established during an incident response operation—

(a)

a strategic co-ordination centre which shall consist of the—

(i) incident management group;
(ii) planning, intelligence, resources, logistics, finance and legal cell;
(iii) major investigation team;
(iv) mass fatalities co-ordination team;
(v) communication and information group;
(vi) government liaison team;
(vii) environment, infrastructure and utilities group;
(viii) search and rescue group;
(ix) casualty, health and welfare group;
(x) military operations;
(xi) security services technical team; and
(xii) joint intelligence group;
(b)

a casualty bureau which shall—

(i) be responsible for regional or national request for activation;
(ii) provide a central point of contact and information for persons involved in a major incident;
(iii) obtain relevant information on persons involved or potentially involved in a major incident;
(iv) provide accurate information to relatives and friends of persons involved in the incident and the investigating or incident officer; and
(v) process information to support the identification process of fatalities.
3.

Objectives of emergency response

The objective of the emergency responders shall be to—

(a)

save and protect human life;

(b)

relieve suffering;

(c)

contain the emergency;

(d)

provide the public and businesses with warnings, advice and information;

(e)

protect the health and safety of responding personnel;

(f)

safeguard the environment;

(g)

protect property as far as is reasonably practicable;

(h)

maintain or restoring critical activities;

(i)

maintain normal services at an appropriate level;

(j)

promoting and facilitating self-help in affected communities;

(k)

facilitate investigations and inquiries;

(l)

facilitating the recovery of the community; and

(m)

evaluate the response and recovery effort.

4.

General responsibilities in an emergency response

(1)

Police officers called in for an emergency response shall report to the location of the emergency in uniforms and with the necessary equipment.

(2)

An officer with command responsibilities shall make further arrangements to cater to the assignments and duties the responding officers may have at the time of the emergency.

(3)

An officer on-duty at the time of a critical incident or emergency shall continue with his existing assignments until reassigned by the police station or Sub-County commander.

(4)

An officer with command responsibilities shall secure buildings, vehicles and facilities at the police station and other police premises, and mobilize the remaining police officers while at their places of duty to be on standby for emergency response, until the on scene incident commander requests further assignment or gives a stand down.

(5)

Where police designated response cars and officers with command responsibilities were not initially called out to the emergency scene, the designated squads and officers shall also stand by at the police station and other police premises for further assignment by the on-scene command officers.

(6)

The most senior police officer at the scene of any emergency shall be the on-scene Incident Commander until he is informed that he is relieved, orally or in writing, of this responsibility by a higher authority;

(7)

The responsibilities of the on-scene incident commander shall be passed to the higher authority when the incident commander is relieved;

(8)

Where an emergency situation involves a multi-agency or department response—

(i) the ranking fire department officer at the scene shall be the incident commander;
(ii) the National Police Service shall be responsible for traffic control, on-scene security and assistance with any evaluations ordered; and
(iii) the police personnel shall take orders from police commanders only.
5.

Hostage or barricaded persons

(1)

The National Police Service shall develop procedures on hostage or barricaded persons.

(2)

In hostage or barricaded persons situations—

(a)

the prime objective of negotiating with a hostage taker is to reduce the potential for violence and secure the safe release of hostages;

(b)

the accountability of the National Police Service’s preparedness in responding to hostage taking or barricaded person incidents shall be established; and

(c)

the responsibility for response to hostage taking or barricaded person’s incidents, including how the accountability process works.

(3)

Subject to paragraph (2), in all hostage taking or barricaded person incidents involving injury or death to any of the parties involved or the need for decisions by the Cabinet Secretary responsible for internal security, a report shall be forwarded to the Director of Public Prosecutions within reasonable time after the conclusion of the incident.

(4)

Despite paragraph (3), in other hostage taking or barricaded person incidents, the relevant Police Service involved in the situation may forward a report to the Director of Public Prosecutions within reasonable time after the conclusion of the incident.

(5)

Every preparatory activity shall include the involvement and response of the tactical and hostage negotiation personnel, including─

(a)

the selection, training and deployment of hostage negotiation personnel;

(b)

interaction between the tactical personnel, hostage negotiation personnel and on-scene officers;

(c)

a list of negotiable and non-negotiable items; and

(d)

authorization for use of force and force options.

(6)

The National Police Service shall develop policy and procedures on planning, preparedness, response, review and reporting on hostage taking or barricaded person situations which shall include provisions on—

(a)

the roles and responsibilities of all parties involved in a hostage or barricaded person’s situation;

(b)

the means of assessing the situation and how to report that information to the appropriate personnel;

(c)

how and when to notify the required personnel, including tactical and hostage negotiation personnel, command officers and support personnel;

(d)

how to control and contain the immediate situation, and avoid confrontation, pending the arrival of trained tactical and hostage negotiation personnel which includes the—

(i) establishment of a command post, line of authority and communication between all personnel;
(ii) establishment of an operational first response plan for on-scene personnel to deal with the situation, pending the arrival of trained tactical and hostage negotiation personnel;
(iii) establishment of a perimeter;
(iv) evacuation of injured victims and bystanders;
(v) appropriate use of ambulance, rescue or fire equipment;
(vi) establishing a means of communicating with the barricaded person;
(vii) provision of chase or surveillance vehicles and control of travel routes; and
(viii) appropriate involvement of media.
(7)

Debriefing and review of hostage or barricaded person situations, upon termination to evaluate the response, reporting on hostage or barricaded person situations, involvement in scenario training with tactical personnel, hostage negotiation personnel and other Police Services and agencies as required;

(8)

The National Police Service shall ensure that—

(a)

personnel involved in specialized response units have been adequately trained and are qualified to perform those duties;

(b)

the training and re-certification is current; and

(c)

the use of special equipment shall only be undertaken by personnel trained in its use, and who’s training and recertification is current.

6.

Disasters and civil disturbances

(1)

During disasters and civil disturbances, the National Police Service shall use reasonable force to maintain and restore order.

(2)

When using force to control a situation—

(a)

deadly force shall only be used to prevent death or grievous bodily harm;

(b)

deadly force shall not be directed at offenders involved in property crimes unless lives are in immediate danger; and

(c)

chemical agents shall be used only by trained and certified personnel.

(3)

When responding to labour disputes, the Police Service shall fairly enforce the law relating to strikes, lockouts and picketing and protect the rights of the individuals.

(4)

When responding to sit-in demonstrations, the Police Service shall assist the lawful possessor of the property or his agent, using reasonable service to remove trespasser from the property.

(5)

When responding to riot situations, the National Police Service shall use personnel with requisite training in riot control.

(6)

When responding to blockades, the National Police Service shall─

(a)

restore order and remove any impediment that obstructs the public’s right to free movement;

(b)

comply with the county emergency preparedness programs; and

(c)

provide necessary police on-scene incident commander, with police functions being traffic control, security and evacuation assistance and others actions in accordance with the emergency operations plan.

(7)

The common police objectives in an emergency situation shall include─

(a)

protection of life and injury reduction;

(b)

preservation of property and the environment;

(c)

incident stabilization and restoration of order;

(d)

proper notification of appropriate authorities;

(e)

incident command responsibility;

(f)

collection and preservation of evidence; and

(g)

proper recording of all actions and reporting

(8)

The ranking officer or supervisor at the scene of any emergency is the on-scene incident commander until relieved of this responsibility by a higher authority.

7.

National Police Ambulance Area

(1)

The National Police Service constitutes an "Area" of the St. John Ambulance Brigade entitled "National Police Ambulance Area" with the headquarters located at the National Police Service Headquarters.

(2)

The National Police Ambulance Area is commanded by an assistant inspector General of the St. John Ambulance Brigade, who shall be appointed by the Inspector-General.

8.

St. John Ambulance Brigade uniform

(1)

Full-time members of the National Police Service shall not wear the uniform of the St. John Ambulance Brigade.

9.

First Aid Equipment

(1)

A St. John first aid box shall be held on charge at all police stations and shall not be removed other than in cases of an emergency.

(2)

One first aid box shall be carried in every Traffic and "999" vehicle and where practicable, in other police vehicles.

(3)

Where no medical facilities or ambulance is available, a first aid haversack shall be held on charge at police stations in addition to the first aid box, and may be used for the treatment of injured persons.

(4)

A list of the contents of the first aid boxes and haversacks shall be maintained inside each box and haversack and the contents checked at frequent intervals.

(5)

First aid box and haversack shall be filled with equipment in accordance with the prescribed standards and any replacements for used items may be obtained on indent from "Q" Stores.

(6)

First aid equipment shall be clean and clearly marked "Kenya Police".

(7)

First aid equipment shall not be used for treatment of minor injuries or sickness detected at equipment sick parades.

General

1.

The duty of police officers to prevent crime, protect life and property and assist the public when in need requires them to attend and record a large variety of occurrences within their area of responsibility. The adoption and use of a standard format across the NPS to record incidents or occurrences shall ensure that all appropriate incidents, whether crime or non-crime, are recorded in a consistent and accurate manner. This allows the resulting information/data to be used by officers at the local and national level in pursuit of the service mandate, and to meet the needs of other stakeholders.

2.

Defining an incident– This is an occurrence whether crime or non-crime which has an impact on the safety of life or property of a person[s] resident in the area of responsibility, and has come to the attention of the police. For purposes of clarity, an incident shall be treated as an offence if, on the balance of probability—

(a)

The circumstances as reported amount to a crime defined by law; and

(b)

There is no credible evidence to the contrary;

Important Details When Recording An Incident

3.

The details in both records shall vary, especially since the incident report is usually brief and dispatched as urgent communication and all details may not have been obtained. The following details should as far as possible, be included when preparing an incident report or an incident profile—

(a)

the time and date when the report was received and the method of reporting;

(b)

the time and date when the report was recorded;

(c)

an incident ob number;

(d)

details of the informant or reporter including the name, contact, address and telephone number, where possible;

(e)

sufficient information to describe the location and nature of the incident;

(f)

for incident profiles, description of the modus operandi (MO)-incident profiles in regard to suspected criminal occurrence should also describe the mo as it shall often form the basis for further investigation, the identification of suspects and preventive actions by the police officers.

Incident Reports and Profiles

4.

Incident Reports-All reports of incidents made to the police, whether from victims, witnesses or third parties, and whether crime related or not, shall be recorded in the OB and an incident report compiled by the officer in charge for the purpose of informing his or her officers and the immediate supervisor. An incident report is thus a brief and immediate initial communication about an occurrence for the purpose of informing and generating follow up advice or actions.

5.

Incident Profiles-The process of determining what action should be taken by a commander and his officers in regard to an Incident Report shall generate a lot of information about the incident and require analysis in order to get a clear picture. This process is made faster and simpler by development and use of an Incident Profile, especially where there is a possibility of criminal act. An incident profile is therefore a mandatory record to be prepared and used by every outpost commander in regard to all crime related incidents. The process and preparation of a good incident profile shall enable the commander deal with the incident in a systematic and conclusive manner.

Incident Profile Format

1.

POST NAME:

2.

WARD:

SUB-COUNTY:

3.

TYPE OF INCIDENT: CRIME / NATURAL DISASTER/ACCIDENT

[Tick whichever applicable]

4.

DATE INCIDENT REPORTED TO AP POST PERSONNEL [whether at the post or elsewhere]:

5.

AP POST OB No.:

6.

DATE PROFILE IS COMPILED:

7.

OFFICER IN CHARGE AT TIME OF INCIDENT:

8.

INCIDENT DETAILS: please be as specific as possible (i.e. indicate Nature of Incidence/Occurrence, Place, Date & Time of Occurrence,exact incidence location, Weather Condition)

9.

DATE & TIME OF SCENE VISIT BY COMMANDER/FIRST RESPONDER

10.

NAME & DETAILS OF OFFICER VISITING THE SCENE:

11.

VICTIMS DETAILS (Name, address, phone, ID No.)

12.

WITNESS DETAILS (Name, address, phone, ID No.)

13.

SUSPECT DETAILS-IF ANY (Name, address, phone, ID No.

14.

ASSESSMENT OF THE OCCURRENCE OR SITUATION; AND THE ACTION TAKEN: [Assessment shall include checking if there exists further threat to victim(s); possibility of victim/family/clan retaliation or further attacks; need for expert-scene investigator, bomb expert, reaction of residents-fear, anger etc; AND, actions taken which include security of any victims /the scene or area; tracking/arresting any suspected perpetrators etc

15.

POLICE STATION DETAILS IF INCIDENT/ REPORTED THERE (P. STN.Name, OB No., Date & Time)Saddle action

16.

SCENE SKETCH BY FIRST RESPONDER

17.

LIST/DETAIL OF EVIDENCE/ITEMS RETRIEVED FROM SCENE AND WHERE KEPT

18.

INDICATE IF SCENE WAS HANDED OVER TO ANOTHER OFFICER FOR FURTHER PROCESSING

19.

GENERAL OBSERVATION OF THE SCENE BY POST COMMANDER/IN-CHARGE AT THE TIME OF SCENE VISIT

POST IN-CHARGE/COMMANDER:

NAME: ...............................................SIGN: .............................. DATE: ....................

Expected Action On Information In An Incident Profile

20.

Analyzing information contained in the Incident profile enables the officers identify priorities and to develop and execute the appropriate course of action. At the outpost level where many incidents are reported, appropriate response shall not only safe life and property but is crucial for preservation of the scene for crime for investigation purposes. An incident profile is critical to the officers in the following ways:

(a)

enables post commander initiate intelligence-based responses –this could include further enforcement measure or other operational response to the situation, a decision to share the record with other agencies, a referral to his superior commander for support etc.

(b)

enables a comparison with past incidents to prevent future similar incidents/crime

(c)

guides the commander on matters that require attention or action in regard to an incident such asvisiting or handling scene, victim or witness matters, suspect matters, further information or intelligence, follow through on investigations and court matters etc)

21.

The Incident Profile shall guide actions of the officers at the outpost and require them to set up a forum for deliberating on actions to be taken following an incident. An Action Committee allows the outpost commander to develop timely actions to be taken, sharing of urgent tasks between all his officers that are critical to the success of mitigating the incident and obtaining the support of other stakeholders and the public.

(a)

Members of the incidents Action Committee are; outpost commander who chairs, his or her 2 i/c, and any 2, or all of the officers within the outpost. It is important that the committee includes the assistant chief of the area and appropriate village elders etc for their support. However, the commander should use his or her judgment to determine the nature of information and actions to be deliberated upon, in the interest of safeguarding the mission but also persons affected in one way or another.

(b)

The Outpost Commander should hold weekly or biweekly meetings to deliberate on any new incident profiles developed or those with ongoing actions by the team.

(c)

Other specific actions of the committee;

• Compare incident with previous for commonalities and identify trends and patterns and develop scenarios

• Develop course of action

• Prepare briefs higher command on the agreed course of action (COA)

• Execute the agreed COA and debrief

CHAPTER 42 – GUIDE TO CRIMINAL INVESTIGATIONS
1.

Securing a scene of crime

(1)

The initial responding officer shall expeditiously and methodically secure a scene of crime and preserve any evidence by—

(a)

preventing entry by unauthorized persons; and

(b)

ensuring that no items at the scene of crime are removed or tampered with before the arrival of the investigating officer.

(2)

The initial responding officer shall promptly and cautiously enter the scene of crime, remaining observant of any persons, vehicles, events, potential evidence and environmental conditions.

2.

Action at the scene of crime

(1)

The initial responding officer to arrive at the scene of crime shall render first aid to any person who may be injured.

(2)

The initial responding officer shall take charge and control all individuals at the scene, prevent individuals from altering or destroying physical evidence by restricting movement, location and activity by—

(a)

identifying the extent of the crime scene by starting from the centre and extending to the periphery of the crime scene;

(b)

establishing the boundaries of the crime scene by securing with a crime scene tape;

(c)

identifying and securing all the individuals at the scene such as suspects and witnesses;

(d)

excluding from the scene any unauthorized and nonessential personnel such as law enforcement officials not working on the case, politicians and media; and

(e)

controlling victims, their families and friends while showing compassion;

(f)

assessing the victim for signs of life and medical needs and provide assistance for immediate medical attention;

(g)

recording or logging dispatch information, address or location, time, date, type of call, any material evidence observed and parties involved; and

(h)

ensuring that there is no immediate threat to the officer and those responding by scanning the area for—

(i) sights;
(ii) sounds; and
(iii) smells,

which may present danger to the personnel;

(i) being aware of any persons or vehicles leaving the crime scene;
(j) remaining alert and attentive, and assuming the crime is ongoing until otherwise determined;
(3)
(a)

if the first officer to arrive at the scene of crime knows that he or she shall not be the investigating officer, he or she shall make immediate arrangements for the attendance of an investigating officer; and

(b)

brief the investigating officer on arrival, who shall take over the crime scene or investigations and shall preserve technical clues such as finger prints, foot prints, other impressions until the arrival of the technical specialist, and if the services of the technical specialist are not available he or she shall arrange to forward to the appropriate specialist all exhibits requiring examinations.

(4)

Where a crime scene relates to death or serious injury of an individual and it reasonably appears that the death or serious injury occured due to police conduct, the first responding officer shall immediately inform the officer-in-charge or the direct superior of the officer causing or suspected of causing the death or serious injury.

3.

Medical examination and use of police form P3

(1)

The standard medical examination form, number P.3, shall be—

(a)

used in all cases where any person is sent to a medical officer for examination in relation to injuries sustained, illness or general physical or mental state in connection with any criminal investigation; and

(b)

given out in duplicate, and both the original and the duplicate shall be sent to the Medical officer, who shall return the original to the issuing officer and retain the duplicate for reference.

(2)

To prevent loss of the medically completed forms and ensure immediate commencement of investigations, a police officer shall take the P.3 forms to a Medical Officer.

(3)

Upon filling the P3 form by the medical officer, the police officer and not the complainant, shall collect the P3 form from the Medical Officer.

(4)

The standard medical examination form, number P.3, shall be used in all cases, except in crimes covered under the Sexual Offences Act (Cap. 63A).

(5)

For injuries related to crimes covered under the Sexual Offences Act (Cap. ) the Post Rape Care Form shall be used in lieu of a P.3 form.

(6)

The Post-Rape Care Form shall be filled in triplicate by a registered nurse or a registered medical practitioner and—

(a)

the original shall be maintained in the complainant’s medical record;

(b)

a copy shall remain with the medical record for investigators to retrieve within twety four hours of receiving complaint; and

(c)

a copy shall be given to the complainant for their records

(7)

A police officer shall reject a complaint regarding crimes under the Sexual Offenses Act, (No. 3 of 2006) for failure to have a P.3 form or Post-Rape Care form filled.

(8)

For investigations of crime covered by the Sexual Offenses Act, (No. 3 of 2006) priority shall be given to the preservation of physical evidence, and if a complainant reports a crime covered by the Sexual Offenses Act, to the police prior to receiving medical attention, the officer receiving the complaint shall immediately direct the complainant or alleged victim to the nearest medical facility to be examined and to have a Post-Rape Care Form filled.

(9)

A suitable officer may accompany to hospital or clinic, a person in respect of whom a form P.3 is prepared, if it is deemed that the person may require assistance or in cases of serious illness, disease or injury.

(10)

A person in police custody shall be adequately escorted to health facilities in accordance with the Escort, Patrol and General Duties Order in the National Police Service Standing Orders to prevent escape of the persons in custody.

4.

Medical examination of person arrested on homicide charges

(1)

Where a person is arrested on a homicide charge or surrenders himself or herself into police custody as having been suspected with such a crime,

(a)

the person shall be examined by a doctor at the first possible opportunity and a P.3 form shall be prepared in this respect by the Officer-in-Charge of the station where the person is held;

(b)

the result of the medical examination shall form part of the evidence adduced in court proceedings in respect of the homicide.

(2)

Where an arrested person alleges that, in the course of his or her defense or extra-judicial statement, he or she was attacked and sustained injury, the medical report under h (1) may be used to determine the authenticity of the allegation.

(3)

Where an accused person alleges that, in the course of his or her defense or extra-judicial statement, he or she was attacked and sustained injury, the existence of a medical report could negate this allegation if it were untrue and would probably prevent such an allegation being made, if, on the other hand, it is supported by some evidence, it would be of assistance to the Director of Public Prosecutions in deciding whether to charge the accused with the offence of manslaughter or to file information to High Court for murder.

(4)

The police officer applying for the medical examination of the accused person shall particularly request the examining doctor to record his or her opinion of—

(a)

the age of any injuries noticed;

(b)

the nature of the implement which the injuries could have been inflicted;

(c)

the age and mental status of the accused person.

(5)

Where an accused person refuses the medical examination—

(a)

the doctor may conduct the examination without removing the clothes of the accused;

(b)

the accused person shall be allowed to put such refusal in writing and to sign it in the presence of a doctor; and

(c)

in subsequent court proceedings, the medical officer shall testify as to the prisoner’s refusal to be examined and the signed refusal shall be produced in support of the medical officer’s testimony.

5.

Technical advice in investigation involving electricity

(1)

Where it is necessary to obtain the service of an electrical technician in an investigation, a request shall be made to the nearest Inspector of Works (Electrical) attached to the ministry responsible for Public Works.

(2)

Where the occurrence is within the area of supply of an authorized distributor, for example Kenya Power and Lighting Company, the distributor shall be promptly informed.

(3)

In the event of a criminal investigation involving employees of or property belonging to any Communication Service Provider, technical assistance on the Communication service providers’ matters may be obtained from the investigation branch of the Service provider.

(4)

In every case, the scene shall be examined by an independent technician before free access is given to a representative or technician of the organization concerned with the incident.

(5)

Where technicians of the organization concerned are available to examine the scene, their findings and views shall be obtained and recorded by the police. Such technicians may include—

(a)

communication service provider Technician;

(b)

public Works electrician; or

(c)

a technician of the Kenya Power.

(6)

All incidents occurring on private premises shall be examined by the Public Works Technician.

(7)

When it is considered that the facts of the case make it desirable that the opinion of another independent expert be obtained, a copy of the Technician’s report in duplicate shall be forwarded to the Director, Directorate of Criminal Investigation with a covering letter from the police officer concerned, explaining all the circumstances of the case and indicating the nature of and justification for the second opinion sought.

(8)

The Director, Directorate of Criminal Investigation may forward the original report by the technician concerned to either the Chief Electrical Engineer, Ministry under which public works falls, or the Chief Engineer, Communication Service Provider for a second opinion.

6.

Suspected arson

(1)

Where there is a case of suspected arson, the investigating officer may request the nearest government fire officer to assist him or her in examining the scene of the fire and submitting a report, and the fire officer may be summoned whether the cause of the fire appears straight forward or not.

(2)

The investigating officer shall ensure that−

(a)

no debris or material is removed or displaced until the fire officer has completed his or her examination;

(b)

valuable property which may be further damaged by sunshine, rain, exposure to air of other weather conditions are protected from such damage by covering them with a tarpaulin or such suitable material and such materials shall not be removed from the scene of the fire; and

(c)

persons who were present at the commencement of the fire are kept available for questioning by the fire officer, and any statements recorded shall include—

(i) the time that the fire was discovered;
(ii) the extent of the fire at the time of discovery;
(iii) the prevailing weather conditions; and
(iv) any other details which might affect the start or spread of the fire.
(3)

Where possible, a plan of the buildings shall be made available.

7.

Identification parade

(1)

The police shall organize an identification parade to ensure a fair and correct identification when the whereabouts of the accused or suspected person is known to the police, but there is some doubt as to whether he or she is the person so accused.

(2)

The police shall not take a witness direct to an accused or suspected person for the purpose of identification except when they are sure that the accused or suspect is well known to him or her.

(3)

The police shall not compel any suspect or accused person to appear in an identification parade and where a suspect refuses to appear in an identification parade and he or she is subsequently charged, evidence of his or her refusal to take part in an identification parade shall be adduced in his or her trial.

(4)

The officer conducting the parade shall, at the time of holding the identification parade, complete all relevant sections of "Report of an identification Parade" (Form P.156) which shall be used by the conducting officer to refresh his or her memory in any subsequent court proceedings as authorized by Section 167(1) of the Evidence Act, 2009, (Cap. 80).

(5)

Where a witness is asked to identify an accused or suspected person, the following procedure shall be followed—

(a)

the accused or suspected person shall always be informed of the reasons for the parade and that he or she may have a counsellor or a friend present when the parade takes place;

(b)

the police office-in-charge of the case, although he or she may be present, shall not conduct the parade.

(c)

the witness or witnesses shall not see the accused before the parade;

(d)

the accused or suspected person shall be placed among at least eight persons, as far as possible of similar age, height, general appearance and class of life as him or her;

(e)

where the accused or suspected person is suffering from any disfigurement, steps shall be taken to ensure that it is not specially apparent;

(f)

not more than one accused or suspected person shall appear on an identification parade;

(g)

the accused or suspected person shall be allowed to take any position he or she chooses and shall be allowed to change his or her position after each identifying witness has left if he or she so desires;

(h)

care shall be exercised that witnesses do not communicate with each other;

(i)

where the witness desires to see the accused or suspected person walk, hear him or her speak, see him or her with hat on or off, this shall be done, but in this event the whole parade shall be asked to do likewise;

(j)

the conducting officer shall ensure that the witness indicates the person identified, without the possibility of error by touching;

(k)

at the termination of the parade, or during the parade, the officer conducting it shall ask the accused or suspected person if he or she is satisfied that the parade is being or has been conducted in a fair manner and make a note in writing of his or her reply thereto in form p.156;

(l)

when explaining the procedure to a witness the officer conducting the parade shall tell him or her that he or she shall see a group of people which may or may not include the person responsible, and the witness shall not be told, "to pick out somebody" or be influenced in any way whatsoever;

(m)

a careful note shall be made after each witness leaves the parade, to record whether he or she identified the accused or suspected person and in what manner;

(n)

a record shall be made by the officer conducting the parade of any comment made by the accused or suspected person during the parade, particularly comments made when the accused or suspected person is identified;

(o)

the parade shall be conducted with utmost fairness, otherwise the value of the identification parade as evidence shall be nullified; and

(p)

no police officers shall be used as witnesses in an identification parade unless a police officer is the accused or suspected person.

(6)

The right of the accused person to privacy shall be respected at all times during the identification parade and care shall be taken to conduct identification parades with as much privacy as possible.

(7)

An identification parade shall not be conducted in public unless in exceptional and unavoidable circumstances and the suspect or accused person shall be informed of the decision to conduct the identification parade in public and be offered the opportunity to elect whether or not to participate in the identification parade.

(8)

If a witness desires to keep his or her identity secret and the circumstances are such that the Officer-in-Charge of the case deems such a course advisable for reasons of security, victimization, or any other reason, arrangements shall be made for the witness to view the parade from a concealed vantage point.

(9)

Where a witness identifies one or more of the persons on the identification parade, the person so identified shall be removed and confronted with the witness, who shall be asked to confirm the identification by clearly indicating that he or she is the person concerned.

8.

Identification by means of photograph

(1)

Where it is necessary to establish the identity of a suspect or accused person through photographs-

(a)

the witness shall be shown at least eight photographs of different persons of the same race as the accused or suspected person; and

(b)

the photographs shall be of the same size and type, thereby excluding any possibility of the accused or suspected person’s photograph being of a distinct type.

(2)

The accused or suspected person shall go through a physical identification parade as set out in paragraph 7(5) and 7(6) to corroborate the photographic identification conducted under h (1).

(3)

Where a number of witnesses are invited to view photographs, immediately a photographic identification has been made, the photographic identification shall cease, and those witnesses who have not seen the photographs shall be precluded from doing so and the accused or suspected person shall be put on an identification parade in the usual way for the purpose of identification by all the witnesses.

(4)

When a photograph used for identification purposes is obtained from the identification bureau, the prosecution shall inform the defence of this fact beforehand and evidence of this point shall not be led in the examination-in-chief lest the court shall draw any inference regarding the accused having a criminal record.

(5)

Where a photograph used for identification purposes is obtained from any other source such as newspaper, Government office, or the accused’s own home evidence, it is the responsibility of the defense to refer to the question of photograph in crossexamination.

9.

Informers and trackers

(1)

An informer or a tracker shall not—

(a)

receive any official status or be allowed to act as a police officer;

(b)

have powers of arrest, other than those of an ordinary member of the public, and;

(c)

be issued with police Certificates of Appointment or any other similar document;

(2)

A person with a criminal record shall not be employed as a tracker, or in any other capacity.

(3)

The police may, in specific cases, receive information from known criminals and such persons may receive rewards for any assistance or information given to the police.

(4)

A private person may give information to the police but the identity of the person shall not be disclosed unless the person is an essential witness in any prosecution which may be instituted.

10.

Agent provocateur

(1)

An Agent provocateur is one who provokes or persuades another to commit an offence in order that the commission of such offence is discovered and the offender prosecuted.

(2)

A person who provokes the commission of an offence which, without his temptation, persuasion and aid, would not have been committed, is, by his or her action, guilty of the offence of incitement to commit an offence or of being the principal offender.

11.

Collection of sufficient evidence

(1)

The police are responsible for bringing offenders to justice and collecting sufficient evidence to substantiate a charge.

(2)

The Police may use a disguise or a trap to collect evidence or ascertain the nature of an offence.

(3)

A Police trap in connection with the investigation of criminal cases shall only be resorted to in exceptional circumstances.

(4)

When setting a trap for an accused or suspected person, the police shall ensure that—

(a)

the trap is a legitimate trap and not the reprehensible conduct of an agent provocateur for instance a blackmailer who makes his or her demand at a place where police witnesses have been hidden is a legitimate trap; and

(b)

their conduct conforms with the law

(5)

The police may set the trap if they believe that the person, for whom the trap is prepared, already intends to commit an offence of which it is proposed to obtain first-hand evidence and that it is impossible to obtain such evidence in any other way.

12.

Collection of forensic evidence

The Police may use scientific investigation to enhance the evidential threshold.

13.

Government pathologist

The office of the chief government pathologist is stationed at the National Health Laboratories at the Kenyatta National Hospital and the National Police Service may consult the chief government pathologist where the services of an experienced pathologist is required.

14.

Registration of deaths

(1)

All deaths occurring in each Sub-County within the Republic shall be registered in accordance with the provisions of the Births and Death Registration of Act, (Cap. 149) and a medical certificate shall be provided as to the cause of the death, or approved notice in lieu, shall be produced to the registrar at the time of the registration.

(2)

The registrar shall issue a written permit authorizing the interment or other disposal of the body of the deceased person.

(3)

Where medical certificate or approved notice in lieu is not produced, the registrar shall complete a death report form and forward it to a magistrate or police officer for inquiry and report on the circumstances and cause of death.

(4)

Upon receipt of such a death report under h (3), the police shall institute immediate investigations to establish the circumstances and cause of death.

(5)

Where there is doubt as to the true cause of death, the body shall be sent to a Medical Officer, together with a report of the circumstances of the death, etc., for examination or if already interred, the facts shall be reported to the nearest magistrate empowered to hold inquest for decision as to whether or not the magistrate shall cause the body to be exhumed and examined in accordance with section 387(2) of the Criminal Procedure Code (Cap. 75) and prosecution under Section 21 of the Births and Deaths Act (Cap. 149) shall be instituted in appropriate cases.

(6)

Where police inquiries establish that the death was not one to which Section 386 and 387 of the Criminal Procedure Code (Cap. 75) applies, the death report form received from the registrar shall be endorsed to that effect, signed and returned to the registrar.

(7)

Where the police establishes a reasonable suspicion that the death was one to which Sections 386 and 387 of the Criminal Procedure Code (Cap. 75) applies further action shall be taken as outlined in paragraph 15.

15.

Discovery of a dead body

(1)

When the discovery of a dead body is reported to the police−

(a)

immediate inquiries shall be made with a view to establishing the circumstances and the cause of death; and

(b)

if the circumstances indicate that the death be one to which the provisions of sections 386 and 387 of the Criminal Procedure Code (Cap. 75) applies, that the deceased has–

(i) committed suicide;
(ii) been killed by another or an accident;
(iii) died under circumstances raising reasonable suspicion that some persons known or unknown committed an offence; or
(iv) died in the custody of the police or prison officer or in prison, the case shall be dealt with as detailed in h (5).
(2)

Where the death occured in the custody of the police, the officer in charge or the direct superior of the officer suspected of causing death shall−

(a)

immediately inform the Independent Policing Oversight Authority and confirm the report in writing within twenty four hours after discovery of the dead body, and supply the Authority with the evidence and all other facts relevant to the matter, including, if available the names and contact details of all persons who may be able to assist the Authority if it decides to conduct an investigation;

(b)

take all necessary steps to secure or cause to be secured evidence which may be relevant for the investigation, including pictorial and written evidence.

(3)

Where the police inquiry indicate that the death is not one to which the provisions of Section 386 of the Criminal Procedure Code, (Cap. 75) apply−

(a)

the body shall be forwarded, with the identifying witnesses, to the nearest medical officer to issue a certificate as to cause of death;

(b)

the circumstances and cause of death, as established by the police inquiry, shall be notified to the registrar in order that a Burial Permit may be issued and interment of the body be undertaken.

(4)

If the body discovered is one to which the provisions of Births and Deaths Registration Act, (Cap. 149) do not apply and police inquiries indicate that there is nothing suspicious about the circumstances and cause of death, permission may be given by police for the body to be interred or otherwise disposed off.

(5)

Where death is one to which section 386 of the Criminal Procedure Code applies–

(a)

an immediate inquiry shall be instituted to establish the circumstances and the cause of death in accordance with section 386 (1) and (2) of the Criminal Procedure Code;

(b)

before the body is moved, the scene shall be carefully examined, photographs taken and a sketch made showing details of the position of the body;

(c)

a medical officer may examine the body and the scene before either is disturbed;

(d)

the body shall be kept guarded or under lock and key until the post-mortem examination is completed, and if it is necessary to take the body to a Medical Officer for examination, a witness or witnesses who may identify the deceased and report on the circumstances of the death shall accompany the body;

(e)

a post mortem examination may be conducted; and

(f)

it is not mandatory for the police to require a postmortem examination, but such examination shall be made if the medical officer shall issue a certificate as to the cause of the death or if it is suspected that the cause of death shown on a medical certificate is inaccurate.

(6)

Where police troops inflict fatal casualties in civil disturbances or find a corpse, they shall inform the Officer-inCharge of the nearest police station, who shall then cause action to be taken in accordance with the instructions under paragraph 5.

(7)

Exhibits found on or near a corpse shall be properly secured, preserved, labelled and submitted for examination as required, and concise notes shall be made in the investigating officers’ notebook of all exhibits, the condition and position of the body, and the surroundings in which found and special attention shall be paid to blood and other stains on the body and its vicinity.

16.

Identification of dead body

(1)

The identity of the deceased shall be established beyond doubt, whenever possible and this shall be done in one of the following ways–

(a)

whenever possible, one or preferably two relatives shall be found and asked to identify the deceased and if no relative is available, a friend or acquaintance shall be used;

(b)

if neither a relative nor a friend is available to identify the body, the body shall be photographed showing the face if possible, fingerprinted and searched for evidence of identity and if a Registration Certificate is found, this shall be forwarded, together with fingerprints and a short covering report, to the Directorate of Criminal Investigation, for the attention of the Principal Criminal Registrar;

(c)

after visual identification of bodies become impossible, other forensic procedures may be employed including autopsies, dental examination and DNA sampling.

(2)

In all cases of sudden and unnatural death notified to the police, including victims of murder, manslaughter, suicide and fatal accidents, fingerprints of the corpse shall be taken and forwarded, without delay to National Registration Bureau and the Directorate of Criminal Investigations Headquarters, (Criminal Records Office) Nairobi for the purpose of elimination and identification and the prints shall be clearly marked "FINGERPRINTS OF CORPSE.

17.

Deceased’s property

(1)

The investigating officer shall search the body and remove, for safe custody, valuable articles such as watches, jewellery, wallet or money found on the body before sending any deceased person to mortuary.

(2)

The articles collected under h (1) shall be placed in an envelope bearing the name of the deceased and the case file or inquest file number and the envelope shall be sealed and placed in a safe or cash box at the police station.

(3)

When removing articles from a deceased person a full record shall be made as to where the article had been found on the deceased person at the time of the removal and a note shall be made in the−

(a)

police officer’s notebook of all articles removed from the deceased, and the case file or inquest file number; and

(b)

Occurrence Book entry of when the articles were placed in the safe or removed there from.

(4)

The search of a deceased person and the removal of any articles from the body shall be made after due thought and great care bearing in mind the following possible resultant problems, as it could;

(a)

complicate the identification of the unknown body;

(b)

destroy forensic evidence; and

(c)

be hazardous to the officer performing the search of the body unless care is taken to avoid possible contamination.

(5)

The articles collected under h (1) shall be handed over to close relatives of the deceased, the deceased’s advocate, executor or other personal representative as soon as possible and a receipt obtained and the officer handing over the property shall exercise care to establish the bona-fide person to whom such property is handed.

(6)

Where it is not possible to dispose of the deceased’s property to any of the above-mentioned persons, the property shall be handed over to the Public Trustee or the Deputy County Commissioner as the case may be, and a receipt obtained.

18.

Exhumation

(1)

A Magistrate’s order, in accordance with section 387(2) of the Criminal Procedure Code, (Cap. 75) shall be obtained by the officer in charge of the case before an exhumation may be carried out.

(2)

A witness or witnesses shall be present to identify the grave and, if possible the body.

(3)

When an exhumation is necessary, the police shall arrange in advance for a Medical Officer to be present at the disinterment especially when arsenical or other poisoning is suspected.

(4)

Where an exhumation is opposed to on grounds of cultural values, the investigating officer shall seek the advice of his or her superior officer and shall contact the friends or relatives of the deceased, together with the religious heads of the community in order that any religious rites before, during or after the disinterment may be followed.

19.

Identification of disaster victims

Methods of identification used in cases of a disaster shall be scientifically sound, reliable, applicable under field conditions and capable of being implemented within a reasonable period of time.

20.

Primary and Secondary identifiers

Primary and Secondary identifiers are described as follows—

(a)

the primary methods are the most reliable means of identification whereas secondary means of identification only serve to support identification by other means and are not sufficient as a sole means of identification;

(b)

identification is based, if possible, on at least one match for one of the primary identifiers—

(i) dental records (Odontology);
(ii) fingerprints; or
(iii) DNA.
(c)

the established identification match is a result of comparison between reliable ante mortem data and postmortem data and is carried out by suitably qualified specialist in odontology, fingerprints or DNA;

(d)

the identifiers include unique features such as tattoo, scars or unique personal effect; and

(e)

other supporting information, such as sex, clothing, documents and jewellery, may also contribute to evidence of identification.

21.

Identification based on combined information

Where strong primary identification standard has been achieved, any other evidence that supports the identification shall be recorded.

22.

Challanges of identification of disaster victims

In disasters characterized by loss of human life, the major problem confronting the police is that of identifying the victims who may be grossly mutilated or whose bodies may be fragmented or decomposed.

23.

Disasters involving local citizen

(1)

Where the dead are local people, the task is to match each body with one of the persons known to be missing.

(2)

Where facial recognition is possible, identity shall require to be established further from other physical characteristics, personal belongings, clothing, scars, tattoo or marks.

24.

Disaster involving foreign nationals

(1)

In disasters involving foreign nationals, the unavailability of relatives or friends to assist, make the identification problem more difficult and identification may have to be established by a comparison of physical details of the dead with those of foreigners thought to be involved.

(2)

The respective embassies of the victims, if known, shall be informed immediately.

(3)

In all cases where there is the slightest doubt about the identity of a body, it shall be necessary to collect and record all possible information for comparison with similar details of missing persons, in addition to subjecting the body to primary identifiers.

25.

Air crash victims

In the event of an aircraft crash –

(a)

an authenticated copy of the passenger manifest shall be obtained from the airline representative as early as possible in order to ascertain the passengers who were travelling on the aircraft;

(b)

Disaster Victim Identification Form shall be used for tabulation of all relevant identification details of both victims and missing persons;

(c)

the County or formation Commander concerned shall be responsible for the initial control of the incident and the organization of the operations designed to aid any survivors and assist in the speedy and accurate identifications of the victim;

(d)

the County or formation Commander shall designate an incident officer who shall command the operations at the scene of incident and who shall also be responsible for establishing –

(i) incident Command Post;
(ii) first-aid casualty clearance or registration centre;
(iii) an ambulance loading point;
(iv) a temporary mortuary;
(v) communication centre; and
(vi) an investigation unit.
26.

Disaster identification bags

(1)

In the event of a disaster involving multiple casualties, disaster identification bags shall be used for identification purposes.

(2)

The bags referred under h (1) contain the following items–

(a)

a disaster victim identification form;

(b)

a fingerprint and palm print forms;

(c)

a post-mortem injury and description form;

(d)

an exhibit identification sample form;

(e)

a list of exhibit form;

(f)

exhibits labels and string;

(g)

a number of different sizes of polythene bags; and

(h)

envelopes.

(3)

All items and the bag shall be marked with the same number corresponding to the identification number given to the body of the victim.

27.

Notification of Police or Directorate of Criminal Investigations Headquarters

(1)

When notification of such an incident is received, Police Headquarters shall be informed immediately and immediate assistance shall be sought from Directorate of Criminal Investigations Headquarters, who shall arrange for the attendance of a senior Directorate of Criminal Investigations officer, pathologist and Crime Scene Support Service Officer.

(2)

The Crime Scene Support Service Officer shall photograph and technically examine the scene and the victims.

(3)

If it is suspected that the cause of the disaster could have involved an explosive device, then the Bomb Squad stationed at the Directorate of Criminal Investigations Headquarters or the County Directorate of Criminal Investigations Headquarters shall be contacted immediately.

28.

Control of the scene

(1)

Immediate steps shall be taken to detail sufficient officers to take control of the scene to prevent access and to remove unauthorized persons from the scene.

(2)

The officers shall also act as recovery team when instructed to do so by the incident officer.

(3)

When the victim’s body has been marked for identification, the body and the immediate vicinity of the scene shall be photographed for identification purposes prior to removal.

(4)

The officers in control at the scene shall not touch or move any object and shall be alert to prevent the removal of any material by souvenir hunters or potential looters.

29.

Marking of bodies

Each body shall be marked by a numbered label of securely affixed to the wrist or ankle and when the body is ultimately removed, a similar numbered tag shall be left at the spot as this may provide a clue as to the nature of the occurrence to the official investigators of the incident.

30.

Removal of bodies

(1)

In removing a body—

(a)

every scrap of clothing shall be taken and nothing shall be left behind;

(b)

strong polythene bags shall be used for removal of bodies.

(2)

A search shall be made around the body for personal belongings and these shall be placed with the body.

(3)

Where two or more bodies are in close proximity and effects are found which cannot correctly be attributed to any one body, they shall be placed in a separate container and their location noted.

31.

Stripping of bodies

(1)

When the bodies are moved to the mortuary they shall not be stripped except in the presence of a pathologist and Crime Scene Support Service Officer. All property removed from a body shall be labelled with the body number and accurately listed on the list of Exhibit Form found in the Disaster Identification Bag.

(2)

When stripped and before the post-mortem examination, each corpse shall be fingerprinted, palm printed and DNA samples taken as these are the most positive methods of identification and it may be possible to link a body to a specific house or place of work by these means.

(3)

Other valuable characteristics for identification purposes are found in the teeth or dentures and descriptive data of these, prepared by a competent dentist, shall be circulated for comparison with the dental records of a possible victim.

(4)

The chemist shall list the data on the odontogram contained in the Disaster Identification Form and which is the method approved by the International Criminal Police Organization for recording dental findings.

(5)

Other physical characteristics which may prove valuable are bodily measurements, build, colour of hair, hair on face, deformities, abnormalities, scars, marks and tattoos and these shall all be noted in detail.

32.

Personal effects

(1)

Personal effects shall be described in detail and initials, dates, serial numbers and other inscriptions shall be looked for.

(2)

The particular finger from which a ring is removed or the wrist on which a watch was worn shall be noted.

33.

Clothing

(1)

Clothing shall be searched for laundry marks, dry cleaners’ tabs and markers’ names and shall be described by material and colour.

(2)

All labels, identifying marks, cleaners’ tabs and repairs to clothing shall be retained complete for possible identifying characteristics and shall be attached to the exhibit identification sample Form, provided in the Disaster Identification Bag.

34.

Exhibit–care and custody

(1)

Articles likely to be required as exhibits in connection with an offence shall be taken into safe custody by the Officer-in Charge of the investigation without delay.

(2)

The number of persons concerned with the subsequent custody of all exhibits shall be kept to a minimum and, if practicable, the police officer who first discovers or gains possession of an exhibit shall be the one to hand it over to the Officer-in- Charge of the investigation as soon as possible, and to produce it to the court.

(3)

The witnesses shall be required to give evidence as to how the exhibit has been safeguarded during the entire period from the time it came into police possession up to its production in court.

(3)

All exhibits shall be placed in safe custody to prevent access to or interference, by any unauthorized person.

(4)

For the purpose of this Order, unauthorized persons does not include any officer of the Independent Police Oversight Authority acting within the mandate of Independent Police Oversight Authority under the Independent Police Oversight Authority Act or any other laws.

(5)

Cash and valuables shall be lodged in a safe, securely fixed cashbox or other safe place.

(6)

The Officer-in-Charge of the investigation shall ensure that all exhibits relating to the case are presented in court when required and he or she shall be responsible for them while they are in police custody.

(7)

Where an exhibit is an item which cannot be readily identified or is one of a common type, the police officer who finds or receives it in circumstances that shall possibly require him or her to give evidence, shall mark it so as to be able to identify it subsequently in court and the marks shall be made in the presence of the person from whom the item is received so that he or she, too, may identify the exhibit at a later date if required.

(8)

It shall be emphasized that any such mark shall not be of such a nature as to damage the exhibit or cause it to depreciate in value.

(9)

All exhibits sent under escort for examination by the Government Chemist shall be recorded in the space provided on the case file cover (Form P.2) and receipts therefore obtained in due course in the appropriate space on the cover, and in the exhibit register.

(10)

Each exhibit shall bear a label on which shall be written in ink the serial number of the exhibit as it appears in the investigation and the case file number. Specially printed "tie-on" and "paste-on" labels are obtained from "Q" stores. In the case of small items, documents, or other exhibits requiring to be kept in containers, the labels shall be attached to the containers.

(11)

In order to keep the number of witnesses handling a particular exhibit requiring expert examination to a minimum, the officer who first finds or receives the article and who shall be required to give evidence regarding its custody, shall, whenever possible, convey the article to the expert who is to conduct the examination and receive it back on completion of such examination.

(12)

All exhibits sent under escort for examination by the Government Chemist or other experts outside the Police Service, shall be taken in the first instance to the Crime Scene Support Services Officer in the same area as the office of that respective expert; Crime scene support services officer act as liaison officer between the Police Service and the Government Chemist and other experts outside the Police Service. There, the documentation and exhibits shall be examined in the presence of the escort, to ensure compliance with instructions relating to the submission of exhibits. The exhibits shall then be forwarded, under escort, to the appropriate expert. Whenever possible the same escorting officer shall receive back the exhibits on completion of the examination by the expert.

(13)

When an article for examination’s stature and circumstances do not allow for it to be sent to the appropriate expert under escort, it shall, after being documented and packed in accordance with these Orders, be forwarded by registered post to the appropriate expert, advice shall be obtained by the quickest means from the Crime Scene Support services personnel in respective Counties or Directorate of Criminal Investigations Headquarters

(14)

Exhibits in police custody shall be checked periodically by Officers-in-Charge of police stations and Sub-County Commanders.

(15)

Officers of other ranks shall be trained and their expertise enhanced on the handling, care, custody and packing of exhibits. Any advice required on the packing of exhibits shall be referred to the nearest Crime Scene Support Services. Exhibits registers shall be maintained in accordance with instructions contained in Chapter 59 of these Service Standing Orders.

35.

Packing of exhibit

(1)

All exhibits shall be kept separately at all times, prior to packing and during packing.

(2)

Exhibits and other matter requiring expert examination shall be packed and the package sealed in the presence of the officer who shall deliver it in the earliest opportunity to the expert concerned, in a manner prescribed by this Order to avoid any deterioration due to chemical changes or putrefaction.

(3)

Each item for examination shall be enclosed in a separate clean cover or receptacle and secured with a seal readily identifiable by the sending as well as the receiving officer and the cover or receptacle shall bear the case file number, exhibit number and the nature of the exhibit.

(4)

when any form of analysis is required; in such cases plain paper, preferably brown, shall be used for packing of exhibit.

(5)

When several exhibits relating to the same case are to be forwarded for examination by the same expert, separate covers or receptacles containing the articles for examination may be parceled together to make a package of a convenient size.

(6)

Enclosed in each package shall be the original Exhibit Memo Form (Form C.6) stating the nature of the articles contained in the package, and a precise nature of the offence or inquiry under investigation indicating the manner in which each article is connected to or suspected to be connected with the investigation, and details of the examination required. This form shall be retained by the expert concerned.

(7)

The duplicate of the Form C.6 shall be placed in a separate envelope addressed to the expert concerned and handed to the escort, who shall deliver it together with the package containing the exhibits and if the package is sent by registered post, the duplicate form shall also be sent by post, but in a separate cover.

(8)

The expert shall acknowledge receipt of the exhibits on this copy which he or she shall return to the escort, or by post as the case may be, and on completion of his or her examination he or she shall forward to the Officer-in-Charge of the investigation his or her report on such examination on Form C.6A.

(9)

In order that the package may be delivered at the laboratory direct to the officer who shall carry out the examination, thereby enabling one person to account for custody and examination at the laboratory, the outer wrapping of each package shall be clearly marked indicating the type of examination required, "Suspected arsenical poisoning", "Ballistics". The case file reference number shall also be marked on the outer wrapping.

(10)

When it is necessary to remove clothing and footwear from a suspect, in order that they may be submitted for examination and comparison the suspect shall first stand on a large piece of clean paper, his or her wearing apparel removed and folded carefully, then the piece of paper shall also be folded carefully and submitted as an exhibit, as it may possibly contain substances which fell from the suspects clothing during the search.

(11)

The officer chosen to escort exhibits to the expert shall in normal circumstances, be aware of the details of the investigation in order that he or she may answer questions put to him/her by the expert and in order to give further information and to clear any ambiguities which may arise.

36.

Stained articles

When it is desired to identify stains, including blood, on an item–

(a)

Such item shall not be packed if the stain is wet or damp. Articles or stains shall not be dried in front of a fire or any artificial means and shall not be exposed to direct sunlight.

(b)

In such cases the article shall be placed in a shaded area and allowed to dry naturally, in a position where the air may freely circulate.

(c)

Care shall be taken to prevent interference, until it is dry.

(d)

The stained portion of an immovable object shall, if possible, be bodily cut out or dissected away.

(e)

If however, stains have to be scraped off, the various groups of stains shall be collected in numbered packets of soft paper, a note being made of their position and shape.

(f)

Owing to the penetration of serum into porous matter, suspected bloodstains shall be scraped off to a depth of at least 0.5 mm.

(g)

When a stain is scraped from any material, a control sample of that material shall be taken from the vicinity of the stain.

37.

Blood grouping

(1)

All liquid blood samples taken from dead bodies at post-mortems, and blood samples taken from other persons involved−

(a)

Shall be submitted in the prescribed manner to the Government Chemist;

(b)

Fluid blood for grouping shall be put into a sterile bottle which shall be placed in a vacuum flask and it shall be kept in ice continuously until handed over to the Government Chemist, the blood shall on no account be frozen solid, as this makes it useless for examination.

(2)

A blood sample from a living person shall always be taken by a qualified medical practitioner and only with the consent of the person concerned, expressed in writing or before witnesses.

(3)

Fluid blood shall be examined as soon as possible as a positive result may be unobtainable after 2-3 days even under the best conditions of storage and transport and a mishandled specimen of blood may be unfit for examination within a few hours.

(4)

A blood sample from a dead body shall preferably

(a)

be taken by a doctor at the post-mortem examination, or earlier if the post-mortem is to be delayed.

(b)

be taken in as sterile a manner as possible.

(c)

be put into a small dry screw-capped sterile bottle, the bottle shall be tightly closed as contamination with the ice-water shall make the blood useless for examination, and as an additional precaution, the bottle may be enclosed in a small polythene bag; this shall also serve to protect the label, which is best made with a ball point pen on surgical adhesive plaster, as it shall then be waterproof; however if this method of labeling the actual bottle is followed, then a further tie-on label giving full details shall be attached to the vacuum flask container.

(5)

In addition to the liquid blood sample of the deceased, a thick film of blood from the deceased shall be smeared on a clear microscope slide, or other piece of clean glass and labelled and This blood smear shall be allowed to dry without heating or contact with direct sunlight, and shall be prepared by the doctor performing the post-mortem examination.

(6)

If a body is found in conditions where the blood is likely to deteriorate before a post-mortem may be performed, a blood smear shall be prepared in the prescribed manner from a blood on the exterior surface of the body, from the vicinity of a wound, which shall not be interfered with in any way.

(7)

When blood has been grouped, the group category and source of blood shall be given whenever bloodstained articles relating to the same case are forwarded for examination.

(8)

In cases where it is impossible to group blood of a deceased person because of deterioration, the deceased person’s stained clothing shall be retained until the result of the blood grouping analysis is known.

38.

Blood, urine or alcohol determination

(1)

When it is necessary to have blood examined to determine alcohol concentration, it shall be examined within five days of being obtained.

(2)

The sample shall be placed in a bottle which contains a preservative and shall be forwarded to the Government Chemist and dry blood shall not be used for alcohol determination.

39.

Group of human secretions other than blood

(1)

In cases of sexual nature, it may be of great assistance as corroborative evidence, to establish the group of seminal stains found on exhibits, especially where the complainant is a juvenile, a non-competent witness, or when other evidence is not available. In 80 per cent of all human beings, the secretions of the body, such as perspiration, saliva and seminal fluid, contain grouping substances similar to those of blood.

(2)

Blood and saliva samples shall be obtained from both complainants and suspect where a sexual offence has occurred and efforts shall be made to take similar samples from other persons legitimately involved with the complainant, giving full information on time involved and relationship, etc., when submitting for DNA sampling.

40.

DNA Sampling Procedure

(1)

A police officer of or above the rank of Inspector may by the order in writing require a person suspected of having committed a serious offence to undergo a DNA sampling procedure if there are reasonable grounds to believe that the procedure might produce evidence tending to confirm or disapprove that the suspect committed the alleged offence.

(2)

In this Section "DNA sampling procedure" means a procedure carried out by a medical practitioner consisting of–

(a)

Taking of a sample of saliva or buccal swab;

(b)

Taking of a sample of blood;

(c)

Taking of a sample of hair from head or underarm;

(d)

Taking of a sample from a finger nail or toe nail or from under the nail; or

(e)

For the purpose of performing a test or analysis upon the sample in order to confirm or disapprove as supposition concerning the identity of the person who committed a particular crime.

41.

Toxicological examination

(1)

In cases of poisoning, the following information shall be availed to the officer undertaking the toxicological analysis–

(a)

the time of appearance of the first symptoms of poisoning, and death if this has occurred;

(b)

whether any of the following symptoms were present and, if so, which–

(i) vomiting and purging;
(ii) deep sleep;
(iii) tingling of skin and throat;
(iv) convulsions or twitching of the muscles;
(v) delirium and clutching of imaginary objects;
(vi) the state of the pupils of the eyes;
(vii) the nature of any other symptoms noticed; or
(viii) Whether any other person partook of the suspected food or drink and whether they also suffered from symptoms of poisoning.
(2)

When conducting a post mortem examination—

(a)

samples of viscera taken by the Medical Officer shall be placed in clean wide-mouthed jars, preferably with plastic or ground glass stoppers;

(b)

the jars shall not be filled more than two thirds full, or they may burst owing to pressure generated by the evolution of gases due to putrefaction;

(c)

strong alcohol, or if none is available, chloroform shall be added as a preservative and a sample of the preservative shall also be sent to the laboratory;

(d)

formalin shall not be used as a preservative nor shall alcohol or any substance containing alcohol in those cases where alcohol tests are required; and

(e)

the stoppers of the jars shall be tied down, with clean white cloth or strong paper. A generous supply of viscera and deject shall be sent for analysis and in fatal cases, the following shall be supplied, each in a separate receptacle–

(i) the entire stomach and its contents;
(ii) not less than half of the small intestines with their contents;
(iii) not less than one kilo of liver and a complete kidney;
(iv) the bladder and any urine;
(v) vomit, if any;
(vi) as large a quantity of blood as possible packed as described in paragraph 37 (b);
(vii) samples of all food and drink consumed, if possible during the 24 hours preceding the first symptoms and not only the suspected food or drink; and
(viii) samples of any poison which may have been consumed if available.
(3)

In cases of suspected metallic poisoning, samples of hair, finger nails and bone from the femur shall also be sent, each packed in separate, clean receptacles.

(4)

Samples taken by Medical Officers in police cases shall be forwarded in accordance with the instructions contained in paragraphs 35 and 36 and not sent direct by the Medical Officer concerned.

(5)

In cases other than those in which poisoning is suspected but in which samples of body tissues are submitted for examination by the pathologist, these samples shall be taken from the organs of the body thought to have relevance in the particular case, viz, heart, lungs, kidney, liver, brain, pancreas, or any other organ as required.

42.

Plants and traditional Medicines

(1)

When specimens of plants, herbal or traditional medicines are submitted, in cases of suspected poisoning–

(2)

The information supplied shall include the vernacular name of the plant or medicine, its local uses and the locality in which it is found;

(3)

Plant specimens shall be packed carefully between clean sheets of paper and then packed in a box to minimize the risk of their being crushed. Whenever possible, specimens of flowers or fruits of the plant shall accompany the exhibit.

43.

Arms and ammunition

Arms and ammunitions requiring examination shall not be sent by post but shall be forwarded by escort to D.C.I Headquarters, Nairobi.

44.

Investigation

(1)

In the investigation of any case involving the use of firearms:

(a)

the following questions shall be asked–

(i) has the gun been recently fired?
(ii) from how far away was the shot fired?
(iii) were the bullets or cartridge cases fired from the gun recovered?
(iv) was the suspect or victim the one who fired the shot?
(v) was the shot fired by the police? and
(vi) if (v) is in the affirmative, has IPOA been informed of the shooting?
(b)

the weapon shall be sent to the laboratory for examination as soon as possible.

(c)

before a firearm is touched:-

(i) its position shall be photographed and a sketch plan drawn to indicate its position in relation to the body and surrounding articles;
(ii) the conditions of the firearm shall be noted - i.e. whether safety catch is on or off, if the firearm is loaded and cocked;
(iii) a polythene bag shall first be held under the muzzle to catch any fall-out; and
(iv) the weapon shall be lifted with thumb and forefinger by the rough checker part of the butt or by the butt ring or by the sling or lanyard, if any.
(2)

When examining for fingerprints at the scene, care shall be taken to ensure that fingerprint powder does not enter the barrel and also the cylinder chambers if the weapon is a revolver and after the exterior of the firearm has been examined, it shall be unloaded before further examination.

(3)

While unloading, a suitable size of polythene sheet shall be placed under the firearm to collect the falling cartridge cases and other particles falling out from the firearm.

45.

Unloading an automatic and semi-automatic pistol

When unloading an automatic and semi-automatic pistol−

(a)

the Magazine shall be removed and the slide pulled to the rear to extract any cartridge in the chamber and In doing this, it shall be remembered that fingerprints might be found on the greasy cartridge;

(b)

one shall ensure that the pistol is unloaded;

(c)

a broken extractor, a jammed cartridge or other fact may cause a cartridge to remain in the chamber; and

(d)

the order of cartridge in a magazine shall always be noted.

46.

Unloading a revolver

In unloading a revolver, the exact position of the cylinder shall be carefully noted and the cylinder shall not be "rolled" as this could mark the recoil plate or firing pin on the base of the fired cartridge cases and cartridges.

47.

Cartridge cases

(1)

The recovery of a cartridge case at the scene indicates that the shooting was done by an automatic or semi-automatic firearm and the consequence is that when no cartridge case is recovered at the scene, the shooting was probably done with a revolver.

(2)

Before a cartridge case is picked up−

(a)

its position in relation to the body and other articles at the scene shall be recorded and photographed;

(b)

the cartridge case shall be lifted by using a clean matchstick and dropping it into a suitable bag, sealed and labelled; and

(c)

all cartridge cases shall be packed separately in a soft material preferably cotton wool to prevent any extra marks being introduced.

48.

Recovery of Bullets

Before a bullet is removed−

(a)

its position in relation to the body and other articles shall be recorded and photographed;

(b)

bullets found embedded in hard objects are often severely mutilated and every effort shall be made to preserve what little striation marks that remain; and

(c)

after removal, the bullet shall immediately be packed in the suitable size bag, separately.

49.

Swabbing gunshot residues

(1)

When a firearm is discharged,

(a)

residue of powder and primer products are deposited on the firing hand which results from blow-back from the muzzle, leakage around the cylinder of a revolver, or vanting of an automatic weapon and the residue include nitrates and materials from both the primer composition and cartridge case; and

(b)

small amounts of the bullet lead, often containing antimony, may be deposited on the firing hand.

(2)

Whereas the firing of a weapon results in residue deposition primarily on the back of the hand, the handling of an uncleaned weapon may transfer residues from previous firing to the palm of the hand but not to the back.

(3)

By separately testing both the palm and backs of the hand, it may be possible to establish whether an individual has fired or handled a weapon.

50.

Ballistic Examiners Report

The usual report that the Ballistic Examiner shall give shall be in one of the following forms–

(a)

the results are consistent with the subject having fired a gun,

(b)

the results are consistent with the subject having either handled or fired a gun, and

(c)

the results do not indicate whether the subject has handled or fired a gun.

51.

Action at a shooting scene

In addition to the normal procedure of handling a scene of crime the following steps shall also be taken when handling a scene of shooting-

(a)

Cordon off the area - As large as possible;

(b)

Facts gathering - The most important facts to find out are –

(i) How many shots were fired?
(ii) How many wounds on the victim?
(iii) What are the types of wounds?
(iv) What type of Cartridge? and
(v) What type of firearm?
52.

Hair and fiber examination and the investigation

The successful investigation of violent offences such as rape, murder, hit and run, assault, is often materially assisted through the, examination of hairs and fibres likely to become detached from the scalp, other areas of the body, or clothing and transferred from one person to another in any violent encounter.

53.

Identifying the weapon or instrument of crime

Where any instrument is used to cause a wound on any part of the body, hairs readily become attached to the instrument used, especially where there are bloodstains on the weapon to which the hairs shall adhere and an examination of such hairs shall aid in establishing whether or not the instrument was used to perpetrate the crime.

54.

Identifying the victim and perpetrator

(1)

Hairs and fibres evidence shall be used to advantage in the solution of other crimes such as breaking and entering, burglary, robbery, kidnapping, etc, where the subject or victim has brushed against objects or has come in contact with animal furs.

(2)

The examination of hairs and fibres may prove valuable in identifying both the living and the dead" as it tends to identify the perpetrator of a crime by placing him or her at the scene of a crime or with the victim since hairs are very resistant to decomposition and putrefaction and they often remain as evidence of identification long after other means, such as facial features and fingerprints, have been destroyed.

55.

Collecting and submitting evidence

(1)

A complete search of the crime scene shall be made as soon as possible and all of the hairs in the questioned specimen shall be submitted, to the Government Chemist but heirs found in different places should not be mixed.

(2)

In an assault and murder cases, the clothing of the victim shall be obtained from the hospital or mortuary to avoid the loss of evidence by careless handling and to prevent the clothing from being destroyed.

56.

Control Samples

(1)

Representative samples of hair from the victim, as well as suspect, shall be obtained if available and this shall be conducted as follows-

(a)

a representative refers to at least a dozen hairs and they shall be taken from different areas of the scalp, pubic region, or other body areas being sampled;

(b)

full length hairs are preferable, but they may be cut close to the skin surface rather than pulled;

(c)

if there has been an injury, the hair sample shall be taken from the injured area; and

(d)

the hair samples shall not be mixed.

(2)

The hairs shall be placed in a powder paper (folded paper) or in a pill box, and the containers shall be securely sealed with tape.

(3)

Hairs shall never be secured to a piece of paper or cardboard with tape and the hairs may be damaged and any debris clinging to them may be lost.

57.

Fingerprint and other technical exhibits

(1)

All fingerprints, footprint and other technical comparisons shall be referred, in the first instance to the Forensic Science Services Unit at the Directorate of Criminal Investigations Headquarters.

(2)

The fingerprint exhibits shall be carefully packed to prevent friction between the object bearing the fingerprints and the surrounding cover and sawdust or paper shall not be used for packing, although paper may be used as the outer wrapping.

(3)

Exhibits may be sent by registered post but in some instance it may be sent by escorts.

(4)

The fingerprints of persons having legitimate access shall be submitted with the exhibit.

(5)

The fingerprints or particulars of any suspects shall accompany the exhibit.

(6)

Members of the of Crime Scenes Support services team possess specialized knowledge on technical subjects, of which the fullest use shall be made by investigating officers."

58.

Handwriting/ typewriting examination and comparison

(1)

All documents which are required to be examined for handwriting or typewriting comparisons shall be forwarded to the Director of Criminal Investigation, for the attention of the Document Examiner by the investigating officer or sent by registered post to the following address–

The Director, Directorate of Criminal Investigation,

P.O. Box 30036,

NAIROBI.

(2)

When forwarding documents, it is essential that–

(a)

a specimen of the suspect’s writing or typing is enclosed for comparison with that on the document in question;

(b)

the specimen shall include the same words and figures as are contained in the original, repeated several times to facilitate examination;

(c)

if the suspected document is written in ink, the specimen shall also be written in ink, If a ballpoint pen has been used, the specimen shall be written with the same type of pen, and so on and if possible, the same type of paper shall be used for the specimen as was used for the original document;

(d)

when a suspect is asked to provide a specimen, the investigating officer shall dictate the words and figures at various speeds to prevent the suspect from attempting to disguise his or her handwriting or typewriting; and

(e)

when looking for specimens, it shall be borne in mind that these may, in many cases, be obtained from the suspect’s place of employment; the school where he or she was educated or received further education (evening continuation classes - business colleges - correspondence courses, etc.); or from persons with whom he or she has been in correspondence.

59.

Sketches and plans of scenes of crime

(1)

A plan of the scene shall be prepared in all cases of serious crime, street accidents and any other cases in which the investigating officer considers it would facilitate the investigation and prosecution of the case.

(2)

The plans, to be of any value shall be drawn to scale on plain, geometrically squared paper or on graph paper. All measurements taken for such plans shall be made by means of a tape or other measuring instrument and not by improvised means such as pacing, and shall at once be recorded in writing.

60.

Photographs, plans and models for courts

(1)

The police may use the photographic facilities at Directorate of Criminal Investigations Headquarters, Nairobi.

(2)

When it is necessary for a police officer to use his or her own camera and materials, replacements may be obtained from the Crime Scene Support Services in his/her area or a claim may be submitted to Directorate of Criminal Investigations headquarters.

(3)

All films shall be developed and printed by a photographer of the Service, using police materials.

(4)

Where a model is required as an exhibit, only one may be produced.

61.

Police Museum

(1)

Exhibits and other articles connected with criminal cases or police work, together with brief histories regarding them, shall be kept in the Police Museum, for the interest and instruction of police officers.

(2)

It is the duty of all police officers in charge of County or Formation, and all Court Prosecutors, to collect and submit for safe keeping in the Police Museum any exhibits or other articles connected with police work which are likely to be of interest to the Museum.

(3)

The officer concerned shall write, through the correct channels, to the Commandant concerned describing the article and giving a brief history of the case, the commandant shall then decide whether or not it is required, and shall reply accordingly and if the article is wanted, it shall be forwarded to the Commandant, together with adequate details of its case history.

(4)

When an object of interest becomes a court exhibit in a criminal case, application shall be made to the court for its release for use in the Police Museum after the period necessary for any appeal has elapsed and if the court so requires, the Museum reference number may be supplied by the Commandant for the court record.

(5)

The Museum shall also contain a library of case files, including investigation diaries and evidence of completed cases of outstanding technical interest to police officers, the files shall be forwarded to the commandant through the Director Directorate of Criminal Investigation and the Commandant shall issue a receipt and library reference number which shall be recorded in the Charge Register at the station from which the case file original.

(6)

The Police Museum shall be situated at Kenya Police College and Administration Police Training College.

62.

Electronic crime Scene Investigation

The collection of evidence from electronic crime scenes shall be done in accordance with the guidelines provided in Appendix 42(d).

63.

Case Files

(1)

Case files shall be compiled in the following manner –

(2)

All documents relating to the report of the offence and all subsequent reports or amended reports –A (1), A (2), A (3), etc.

(3)

Photographs, sketches, plans, etc, referring to scene of the crime, together with copies of any other documentary exhibits, shall be in sub-file B, clearly marked B (1), B (2), B (3), etc. Photographs not mounted on foolscap, and copies of other documents, shall be placed in envelopes of a suitable size and the contents clearly listed on the outside.

(4)

Copies of reports, including post-mortem reports, from the Police Laboratory, Government Chemist, medical officer and other experts shall be contained in in sub-file C and clearly marked C (1), C (2), C (3), etc.

(5)

suitable envelopes shall be used as in h (b).

(6)

Copies of statements of all prosecution witnesses shall then follow, including evidence of identification parades which shall be immediately after the main statement of each identifying witness.

(7)

The statement of the police officer conducting the identification parade shall be cross-referenced with statements of each identifying witness for ease of reference, and shall itself include as an addition to the statement a copy of police Form P.156 "Report of Identification Parade.

(8)

All statements shall be contained in sub file D and clearly marked D (1), D (2), D (3), etc.

(9)

Copies of all statements made by the accused, including statements made under caution shall be contained in sub file E and marked E (1), E (2), E (3), etc.

(10)

Complete and accurate investigation diaries, setting forth clearly times, dates and places, etc of all police officers conducting the investigation shall be contained in sub file F clearly marked F (1), F (2), F (3), etc.

(11)

Copies of Charge Sheets and related documents shall be contained in sub file (G) which shall be marked as G (1), G (2), G (3), etc.

(12)

Lists of witnesses, exhibits, prisoner’s property, accused criminal record, statistics forms, etc shall be contained in sub file H which shall be marked be shall follow as H (1), H (2), H (3), etc.

(13)

The next sub file I marked as I(I)I(II)I(III) shall be covering report drawn up by the Officer-in-Charge of the investigation setting forth in detail the prosecution case as it stands. Reference shall be made to the witness or exhibit concerned, e.g. "Witness or Exhibit as D (3)", and so on, to enable quick reference to the point.

(14)

On the left-hand side, of the file cover a correspondence sub-file J shall be maintained. This sub-file shall deal with requests for advice from the investigating officer to his or her Officer-in-Charge, the Director, Directorate of Criminal Investigation or State Counsel as the case may be. It shall also contain instructions from Senior Police Officer or the Prosecuting Counsel to investigating officers and so on. This sub-file shall also be used for recording commendatory remarks and other matters of interest arising out of the case. The contents of this sub-file shall be marked as J(1), J(2), J(3) etc.

(15)

Copies of medical reports shall be supported by a statement from the officer signing such reports, setting out in detail in simple language the contents of the report. Steps shall be taken to ensure that the original document and any rough notes from which such document is compiled are available at any subsequent court proceedings.

(16)

To avoid having to return investigation files to the investigating officer, great care shall be observed when recording statements. This is no easy matter, and patience and tact is often well rewarded. Officers recording statements shall ensure that as clear a picture as possible is recorded of the Witness’s version of what happened. Time, date and place are of great importance, and it is equally important that some corroboration is given of these points. If, for example, the witness states that it was three o’clock, he or she shall also state how he or she knew it was three o’clock, and if he or she recorded this time from his or her watch, and if so particular of the watch and a note as to its reliability - for example the time it recorded when inspected by the officer concerned and how that compared with the correct time. In cases of doubt or difficulty with time, date and place every effort shall be made at once to establish this point.

64.

Witness Statements

(1)

Every statement recorded by police shall–

(a)

show the date, time and place it was taken;

(b)

bear the full names, age, motor vehicle registration number (if applicable), occupation and full address, and all other available identifying particulars relevant to the individual making the statement;

(c)

the language used by the person making it shall be indicated at the head of the statement by adding the, words "In the--------language". If other than English and an interpreter is used, a certificate in the following form shall be completed at the end of the statement and signed by the interpreter as follows-

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;

(d)

state the interpreter’s name and address;

(e)

ensure that the interpreter is proficient both in the language of the witness and in the language in which the statement is recorded; and

(f)

at the conclusion of the statement, be read over to the person who made it, or be handed to the witness to read for himself or herself if he or she is literate in the language in which the statement was recorded. An endorsement shall also be made to the effect that he or she has been invited to make any corrections he wishes to make. The witness shall be asked to sign the statement or if illiterate, to place his or her thumbprint on it, an appropriate endorsement made by the recording officer. 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 where appropriate. If the statement consists of several sheets it shall be signed at the bottom of each sheet, and all corrections made shall also be signed.

(2)

A witness statement shall be written in the following order, without blank spaces between paragraphs and between the final paragraph and witness’s signature or thumb-print–

(a)

Paragraph 1 and related hs shall deal with the background of the witness such as age, family, education, employment, residence and other personal particulars provided that are relevant in the case under investigation. Remember that some people do not like reference to age or family unless these are pertinent to the case;

(b)

Paragraph 2 and related hs shall deal with the witness’s account of the incident in question, time, date, place, and also show clearly what he or she saw or did, and who was present;

(c)

Paragraph 3 and related, hs shall deal with the witness’s previous knowledge of the accused;

(d)

Paragraph 4 and related hs shall deal with the witness’s previous knowledge of other witnesses, their relationship, if any and similar matters;

(e)

Paragraph 5 and related hs shall deal with the witness’s previous knowledge, if any, of exhibits, and other physical evidence and what he did with them;

(f)

Paragraph 6 and related hs shall deal with the witness’s account of what action he or she took as a result of the incident;

(g)

Paragraph 7 and related hs shall deal with full description of those concerned, including any subsequent identification of prisoners or exhibits; and

(h)

Paragraph 8 and related hs shall be of general matters relevant to the case being investigated.

(3)

Where a witness requests for confidentiality the officer investigating the offence shall ensure that the residential address, telephone number, cell phone number, email, fax and place of employment of witness are not disclosed by the investigating officer except to the extent requiredby law or for purposes of law enforcement or prosecution or other legal proceedings, so as to ensure the safety and security of any person.

(4)

In taking a witness statement, the officer must address how the witness evidence assists in establishing the offence against the accused with particular consideration of the ‘points to prove’ for individual offences. The officer should be guided by the 5W’s and 1H (Who, What, When, Where, Why and How).

65.

Statements by suspected and accused persons

(1)

A police officer investigating offence may, in writing, require the attendance before him or herself of any person whom he or she has reason to believe has any knowledge which shall assist in such investigation. Such attendance may be required at any police station or police office situated within the Sub-County in which the person resides or for the time being is or is found.

(2)

Such person is required to answer truthfully any question which may be put to him or her other than a question the answer to which may tend to expose him or her to any criminal charge, penalty or forfeiture.

(3)

A police officer may record any statement made to him or her by any such person whether the person is or is not suspected of having committed an offence against any law in Service in the Republic, but before recording any statement from a person who such officer has decided to charge or who has been charged with committing an offence, the officer shall caution such person that any statements made by him or her may be used in evidence. These statements shall, whenever possible, be recorded in writing and signed by the person making them after being read to the person in a language understood by him or her.

(4)

A person who has been in police custody or who has given a required statement shall not be served with any document purporting to have been issued in the exercise of the powers conferred by Section 52 of the National Police Service Act (Cap. 84) requiring such person to report regularly at the Police Station for any length of time.

(5)

No confessions made to police officers or made by any person in custody of police officers shall be proved against such person unless made to officers of, or above the rank of Chief Inspector of Police and the regulations stipulating on how out of court confessions is adhered to.

(6)

Statement made by persons who are accused of an offence or are subsequently accused of an offence fall into one or other of the following categories–

(a)

those taken before there is any reason to suspect the person of being implicated in the offence, in respect of which he or she is eventually accused; or

(b)

those taken when the person is suspected of committing the offence but was not in custody and before it had been decided to charge him or her. In these circumstances there is no need to administer any caution; but if by virtue of what the person says under interrogation, the officer recording the statement decides to charge that person with an offence, the person shall be charged and the caution in the form laid down in h (5) of this paragraph administered. If such person continues with his or her statement after caution, it shall be recorded; if, however, what he or she says amounts to a confession and if the officer is not of or above the rank of Chief Inspector of Police, the person shall be taken before a police officer of such rank for the purpose of having the confession recorded.

(7)

Officers interrogating suspects shall record in their investigation diaries,

(a)

the time of completion of each period of interrogation;

(b)

any particular incident which occurs during the interrogation. Such record shall include, inter alia;

(c)

the behavior of the suspect, particularly in regard to any abnormality in his or her conduct;

(d)

any inquiry which a suspect may have;

(e)

any significant admission in connection with the case under inquiry, or in regard to any other case; and

(f)

Any complaint made by the suspect.

(8)

Where a person is in custody and is suspected of committing the offence, a cautionary statement shall be administered to the person in the following form-

I………………… (name and…………...rank) of Police attached to------- offices station inquiring into….. (details of case), have reason to believe that you…………. (name of suspect) have information which may assist me in the investigation of this case.

Do you wish to say anything?

I caution you that you are not obliged to say anything unless you wish to do so, but whatever you say shall be taken down in writing and may be given in evidence.

(Signed)

….……….........(Signed)……..…...............(Signed).................

Police Officer Accused Lawyer

(9)

The statements made under paragraph (8) may not amount to a confession and whether or not such a statement amounts to a confession shall be deteremined by the court before which the suspect is eventually charged.

(10)

Where a suspected person is charged with an offence and before his or her proceeds to trial in court the suspected person request to make a statement or further statement, the investigating officer shall-

(a)

record the circumstances under which the reguest is made;

(b)

caution the suspect in the following manner-

I……………………. (name), and…………………….. rank) of police understand that you (name of accused) having been charged with the offence of………………………….. wish to make a statement.

Do you wish to say anything? I caution you that you are not obliged to say anything unless you wish to do so, but whatever you say shall be taken down in writing and may be given in evidence.

(Signed)

….……….............(Signed).................

Police Officer Lawyer

(11)

Where a person surrenders or is arrested and brought before a police officer-

(a)

the person shall be informed that he or she is in the presence of a police officer;

(b)

the officer shall-

(i) observe the person’s demeanor to determine if that person is acting as a free agent, and record his or her observation; and
(ii) based on his observations charge or caution the suspected person.
(12)

Where a statement is taken after a person has been cautioned in connection with a criminal charge, the person shall not be further questioned except to clarify ambiquities.

(13)

Where a statement is recorded through an interpreter, a certificate, signed by the interpreter, shall be appended to the statement and shall state as follows-

This statement was interpreted by me from the…....... language to the .......... language and I have interpreted the same to the best of my knowledge and belief.

(Signed)

………………

Interpreter

(14)

An interpter may be a court interpreter or such other qualified person who is not a police officer.

(15)

Where a statement under caution is recorded through an interpreter the interpreter shall not be associated with the matter under investigation and shall be proficient in the language used.

(16)

An interpreter used in the recording of statements shall be available to give evidence of the statement and his interpretation of it in Court.

(17)

All such statements made to police officers shall be recorded in the words, or in a literal translation of the words, of the person making the statement. Any endeavor to put the statements into the words of the officer recording it is open to suspicion and the statement is, as a consequence, liable to be rejected by the Court.

(18)

All police officers shall carry copies of the forms of caution and certificates in their official notebooks.

(19)

Copies of statements obtained from persons accused of crime, together with a copy of the charge, may be availed to the accused person upon application in the court.

66.

Complainants and witnesses accommodation

(1)

Complainants and witnesses in any case or inquiry involving allegations against the police shall not be allowed to live, stay or sleep in police quarters or lines. If such persons are unable for any reason to return immediately to their homes, they shall if possible be accommodated elsewhere.

(2)

The dates and times of arrival at, and departure from, police stations of such complainants and witnesses shall be recorded in the Occurrence book as well as in the case files, and officers in charge of police stations, county, sub-county and formations shall ensure that this is done. When such complainants or witnesses have to be accommodated by police, special care shall be taken to prevent them from being influenced or intimidated.

67.

Statements from persons in hospital

(1)

A police officer shall not obtain a statement from a patient in hospital for the purpose of a police case or inquiry without previously having obtained the permission of a medical officer in attendance or a Nursing Officer on duty at the hospital.

(2)

When the condition of a patient is reported or believed to be serious, constant inquiries shall be made to ensure that permission is obtained to record a statement as soon as the patient’s condition permits."

68.

Interrogation of females

Female complainants, witnesses and accused persons shall be interrogated and their statements recorded in accordance with the Prisoners and Accused Persons Order in the National Police Service Standing Orders.

69.

Reporting offences to Directorate of Criminal Investigations

When a report is received of a scheduled offence as Directorate of Criminal Investigations listed in Appendix 42(a) having been committed, the appropriate Directorate of Criminal Investigations officer shall be advised by the quickest means and respective police station officer shall complete form C2 and submit to appropriate offices.

70.

Reports of offences to other Sub-Counties

(1)

When an offence is reported to the police outside the Sub-County in which it occurred, investigation shall immediately be commenced by the police to whom the report has been made.

The officer directing the investigation shall at once notify the Officer-in-Charge of the area in which the offence occurred of the report and of the action he or she has taken. There after there shall, as necessary, be close co-operation and mutual assistance between the two officers in the investigation, and in all matters in connection with the preparation and presentation of the case until it is finally disposed of.

(2)

In the event of a serious offence being committed during the absence of the Officer-in-Charge of a police station and of any other responsible police officer, the conduct of the investigation shall at once be undertaken by the Officer-in-Charge of any adjacent station to whom a report may be made, who shall act as prescribed in the h (1) above.

(3)

Officers-in-Charge of police stations shall, when offences are committed within their areas, furnish the police of adjoining Sub-County, without delay, with a full description of absconding offenders and property stolen. When stock has been stolen, neighboring permit issuers appointed under the Animals Diseases Act shall be informed and asked to communicate with the police shall any stock of a similar description come to their notice.

71.

Correspondence on criminal matters with other foreign Police Services

Police officers are not permitted to communicate direct with other Police Services in connection with criminal investigations. All such communications shall be made through the Director, Directorate of Criminal Investigation. Similarly, officers shall not pursue their investigations into other territories.

72.

Power to Call Investigation Files

The Office of the Director of Public Prosecutions shall be the sole and exclusive authority responsible for all criminal prosecutions and all matters including investigations relating thereto. For practical purposes the exercise of this responsibility is administratively delegated by the Office of the Director of Public Prosecutions to County Prosecuting Counsel. This responsibility entails the control and direction of all criminal investigations and prosecutions. County Prosecuting Counsel and officers of the Legal Department to whom the Office of the Director of Public Prosecutions has delegated this responsibility may, in the discharge of their official functions, call upon any police investigation file or other information affecting criminal investigations and prosecutions. Similarly, in exercise of his investigative powers the director, directorate of criminal investigation may call for any such file or information from any police service for purpose of perusal or advice. In the majority of criminal investigations and prosecutions which are straightforward, it shall not be necessary to liaise with the Office of the Director of Public Prosecution.

73.

Cases to be tried by the High Court

(1)

A person accused of a criminal case triable by the High Court shall be arrested and arraigned in court within 24 hours after his or her arrest.

(2)

The duplicate police case file for the accused person shall be forwarded to the Office of the Director of Public Prosecution’s for perusal and directions.

(3)

If additional time is required for further investigations or any other reason; this shall be notified to the court and a note for the reason for such extension placed in the Police File.

74.

Complaints against Government servants

Complaints alleging violence, wrongful arrest, false imprisonment and like forms of oppression where the complaints are directed against Government servants when acting in their capacity as such shall be notified to the Director, Directorate of Criminal Investigation every fortnight.

75.

Preparation of case files

(1)

Unless otherwise stated, case files to be referred to officers of the Office of the Director of Public Prosecution shall be prepared in duplicate, and the duplicate file which shall contain a copy of all statements and documents, typescript, together with a precise of the evidence, shall be routed to Prosecuting Counsel as follows:-

(a)

the duplicate case file shall be sent by the investigating officer to the Sub-County Criminal Investigating Officer;

(b)

the Sub-County Commander, having satisfied himself that the investigations and file are complete, shall forward the file to the County Directorate of Criminal Investigations Commander; and

(c)

the County Directorate of Criminal Investigations Commander, after perusal of the file to satisfy him/her that it is completed, shall forward it to the County State Counsel, responsible for the area in question.

76.

Routing of duplicate case files

(1)

A Directorate of Criminal Investigations investigating Officer shall, on completing an investigation, forward the duplicate investigation file to the Sub-County Directorate of Criminal Investigations Commander.

(2)

The Sub-County Directorate of Criminal Investigations commander after perusing the file and getting satisfied that investigations are complete shall forward the file to the County Directorate of Criminal Investigations Commander.

(3)

The County Directorate of Criminal Investigations Commander, after perusing the file and when satisfied that the investigations and the file are complete, shall forward the file to the County Prosecuting Counsel responsible to the area in question.

(4)

County Prosecuting Counsel shall return files, with appropriate instructions, to the County Directorate of Criminal Investigations Commander for onward transmission to the investigating officer.

77.

Accused intending to plead guilty

(1)

In event the accused in a case which is required to be submitted to State Counsel wishes to plead guilty to an offence is triable by a subordinate court but which does not require consent of the Director of Public Prosecutions to prosecute, the investigating officer shall –

(a)

communicate by the quickest means with the County State Counsel concerned, informing him of the facts of the case and seeking his or her permission to proceed on a plea of guilty without first submitting the file for perusal; and

(b)

record a precise of the request and instructions received in the investigation diary

(2)

No offer or inducement shall be made to an accused person to enter a plea of guilty, nor shall the possibility of a plea of guilty to less serious charge influence the investigating officer in his assessment of the charge to be preferred against the accused person.

78.

Criminal Offences by Police Officers

(1)

In all cases where a Police Officer is alleged to have committed an offence under the Penal Code, or of any other offence scheduled in Appendix 42(a) to these orders, or of any serious offence under any other law for the time being in force, the completed file shall be submitted by the investigating officer to the County Criminal Investigations through the normal channel, who shall in turn forward it with his recommendations, to the Director, Directorate of Criminal Investigation.

(4)

Where the matter relates to an investigation already conducted by Independent Police Oversight Authority the file shall be sent to Independent Police Oversight Authority for perusal and recommendations before the file is forwarded for prosecution.

79.

Legal Aid

(1)

No matter or thing done by a member, employee or agent of the Service shall, if the matter or thing is done in good faith for the performance and execution of the functions, powers or duties of the Service, render the officer, employee or agent personally liable to any action, claim or demand whatsoever.

(2)

Where proceedings are instituted in court as a result of action by a police officer in the proper performance of his duty, the full report shall be submitted to the office of the Inspector-General as early as possible in order that, if necessary, arrangements may be made for the legal defense of the officer concerned under provision of personnel circular No. 23 of 9th April 1964.

TREASON AND OTHER OFFENCES AGAINST THE STATE

CHAPTER VII OF THE PENAL CODE

Section

Offence

40

Treason.

41

Instigating foreign invasion.

42

Concealment of treason. .

43

Treasonable felony.

43A

Treachery.

44

Promoting warlike undertaking.

47

inciting to mutiny.

50 (I)

Aiding prisoners, of war to escape,

59

Oaths to commit capital offences

60

Administering oaths to commit capital offences.

61

Administering unlawful oath.

62

Compelling another person to take unlawful oath.

65

Unlawful drilling.

69

Piracy.

UNLAWFUL ASSEMBLIES, ETC

CHAPTER 1X OF THE PENAL CODE

71 .

Managing unlawful society.

72

Membership of unlawful society.

89 .

Possession of firearms, etc.

96

incitement to violence, etc.

98

Wrongfully inducing boycott, etc.

ABUSE OF OFFICE

CHAPTER X OF THE PENAL CODE

99

Officers charged with administration of property of a special character orwith special duties.

100

False claims by officials.

101

Abuse of office.

OFFENCES RELATING TO THE ADMINSTRATION OF JUSTICE.

CHAPTER XI OF THE PENAL CODE.

110 .

Perjury and subordination of perjury

112

Contradictory statements.

122 (I)a

Rescue.

OFFENCES AGAINST MORALITY

CHAPTER XV OF THE PENAL CODE.

140

Rape.

141

Attempted rape

142

Abduction.

143 .

Abduction of a girl under sixteen years.

144

Indecent assault of females.

145 . .

Defilement of a girl under fourteen years.

146

Defilement of an idiot or imbecile.

147

Procuration

148 ..

Procuring defilement by .threats or fraud or administering drugs.

149

Householder permitting defilement of girl less than thirteen years on his premises.

150

Householder permitting defilement of a girl less than sixteen years on his premises.

151

Detention with intent or in brothel.

153

Male person living on earnings of prostitution or persistently soliciting.

154

Women living on earnings of prostitution or aiding etc., for gain, prostitution of another woman.

158

Attempts to procure abortion.

159

Woman attempting to procure her. own. abortion..

160

Supplying drugs or instruments to procure abortion.

163

Attempt to commit unnatural offences

164

Indecent assault on boys under fourteen years

165

Indecent practices between males

166

Incest by males

167

Incent by females

OFFENCES RELATING TO MARRIAGE, ETC

CHAPTER XVI OF THE PENAL CODE

170

Fraudulent pretence of marriage.

171

Bigamy

172

Dishonestly or fraudulently going through ceremony of marriage.

DEFAMATION

CHAPTER XVIII OF THE PENAL CODE

194

Libel

MURDER AND MANSLAUGHTER

CHAPTER XIX OF THE PENAL CODE

202

Manslaughter.

203

Murder.

210

Infanticide

OFFENCES CONNECTED WITH MURDER AND SUICIDE

CHAPTER XXI OF THE PENAL CODE

220

Attempted murder.

221

Attempted murder by convict.

222

Being accessory after the fact to murder.

223

Threats to kill.

224

Conspiracy to murder.

225

Aiding suicide.

227

Concealing birth

228

Killing unborn Child.

OFFENCES ENDANGERING LIFE AND HEALTH

CHAPTER XXII OF THE PENAL CODE

229

Disabling in order, to commit a felony: or misdemeanor.

230

Stupifying in order to commit a felony or misdemeanor

231

Acts intended to cause grievous harm.

232

Preventing escape from wreck.

233

Intentionally endangering safety of persons travelling by railway.

235

Attempting to injure by explosive . substances.

236

Administering poison with intent to harm.

CRIMINAL RECKLESSNESS AND NEGLIGENCE

CHAPTER XXIII OF THE PENAL CODE

247

Exhibition of false light, mark or buoy.

CRIMINAL ACTS AGAINST LIBERTY

CHAPTER XXV OF THE PENAL CODE

257

Kidnapping.

258

Kidnapping or abducting in order to murder.

259

Kidnapping or abducting with intent to confine a person.

260

Kidnapping or abducting in order to subject a person to grievous, harm,slavery, etc:

261

Wrongfully concealing, or keeping in confinement kidnapped or abducted person.

262

Kidnapping Or’ ‘abducting a child under fourteen years, with intent to steal from its person.

263

wrongfully confinement

264

Buying disposing of any persons as a slave.

265

Habitual dealing in slaves.

266

Unlawful compulsory labour.

THEFT

CHAPTER XXVI OF THE PENAL CODE

278A

Stealing of Motor Vehicles.

OFFENCES ALLIED TO STEALING

CHAPTER XXVII OF THE PENAL CODE

286

Concealing registers.

287

Concealing wills;

288

Concealing deeds.

ROBBERY AND EXTORTION

CHAPTER XXVIII OF THE PENAL CODE

299

Demanding property by written threats.

300

Attempts at extortion by threats.

301

Procuring execution of deeds with menaces.

HANDLING/RECEIVING, ETC

CHAPTER XXXI OF THE PENAL CODE

322

Handling stolen goods if value of the property involved exceeds Kshs. 10,000

326

Handling goods stolen outside Republic.

FRAUDS, ETC

CHAPTER XXXII OF THE PENAL CODE

327

Fraudulently disposing of trust property.

328

Directors and officers of corporations fraudulently appropriating property or keeping fraudulent accounts or falsifying books of accounts.

329

False statements by officials of corporations.

330

Fraudulent false accounting by clerk or servant.

331

False accounting by public officer.

OFFENCES CAUSING INJURY TO PROPERTY

CHAPTER XXXIII OF THE PENAL CODE

339

Damaging an inhabited house or a vessel with explosives.

(3)

Damaging a river baor wall, or navigation work or bridges.

(6)

Damaging the railway.

(7)

Damaging other things of special value.

340

Attempting to destroy property by explosives. Sabotage

343

Attempting to destroy property by explosives.

FORGERY, ETC

CHAPTER XXXV OF THE PENAL CODE

349

Forgery (where no special punishment is provided).

350

Forgery of a shall, document of title, security, cheque, etc.

351

Forgery of judicial or official documents.

352

Forgery, etc, of stamps.

353

Uttering false document.

354

Uttering canceled or exhausted documents.

355

Procuring execution of document by false pretences.

356

Obliterating or altering the crossing on a cheque. Making or executing document without authority.

358

Demanding property upon forged testamentary instrument.

359

Purchasing or receiving forged banknote. Falsifying warrant for money payable under public authority.

361

Permitting falsification of register or record.

362

Sending false certificate of marriage to registrar.

363

Making false statement for insertion in register of birth, deaths and marriages.

OFFENCES RELATING TO COIN, BANK AND CURRENCY NOTES

CHAPTER XXXVI OF PENAL CODE

365

Counterfeiting coin.

366

Making preparations for coining.

367

Making or having in possession paper or implements for forgery

367(A)

Mutilating currency notes, etc.

368

Clipping coin. .

369

Melting down currency, etc.

371

Being in possession of clippings.

372

Repeated uttering, of counterfeit coin.

374

Uttering piece of metal as coin.

375

Exporting counterfeit coin.

376

Selling articles bearing designs in imitation of currency.

COUNTERFEITING TRADE MARKS

CHAPTER XXXVIII OF THE PENAL CODE.

381

Counterfeiting, etc, trademarks.

CONSPIRACIES, ETC

CHAPTER XLIII OF THE PENAL CODE

393

Conspiracy to commit a felony.

394

Conspiracy to commit a misdemeanor.

395

Conspiracy to effect certain special purposes.

PREVENTION OF CORRUPTION ACT

CHAPTER 5 LAWS OF KENYA

All offences under the above Act.

(2)

The file shall then be perused by the Director, Directorate of Criminal Investigation or a police officer authorized by him, before the alleged offender is prosecuted.

(3)

After perusal, and obtaining of advice from Office of the Director of Public Prosrcution if appropriate, the file shall be returned to the County Directorate of Criminal Investigations Officer concerned with a direction as to the action to be taken with a copy to the Inspector-General for information.

1.

Content and Circulation

(a)

The Police Gazette is for the speedy and confidential circulation to all and Police Formations of–

(i) particulars of wanted persons for whom a warrant of arrest is in force;
(ii) particulars of a person whom it is required to trace but not arrest;
(iii) any other items of general criminal interest which should be brought to the attention of all personnel;
(iv) particulars of identifiable lost, stolen, recovered and found property; and
(v) the release of supervisees from prison.
(a)

The, Police Gazette shall he published daily at the Criminal Record Office, D.C.I Headquarters, P.O Box.30036 Nairobi.

(b)

Details of supervisees released from prison shall be published monthly in a separate supplement A to the Daily police Gazette.

2.

Submission of particulars

All item for circulation in the Police Gazettes should be addressed to "Idents Criminal Nairobi." and forwarded through the medium of the Police radio particulars network. Attention is drawn to paragraphs 8 and 13 for guidance on the minimum descriptive particulars required.

3.

Wanted persons

Particulars of persons to be circulated under either, paragraph 1(a)(i) or (ii) shall be notified in accordance with paragraph 2. In cases of urgency Police Stations may circulate to other Police Stations directly interested in the particular incident, with a copy to "Idents Criminal Nairobi". It is not necessary to obtain tribal particulars from the National Registration Office, Nairobi for circulation in the Police Gazette. Close liaison is maintained between the Criminal Record Office and the Central Registration. Office, and upon receipt of the registration number and docket number, C.I.D Headquarters. Nairobi, shall be responsible for obtaining the particulars and endorsement of the Central Registration Office records –

(a)

Recording at Stations: The particulars of the wanted person are printed on a folio 6 5/8 x 3 3/4 inch. Upon receipt, the "wanted" notice shall be filed in the special binder, provided. The binder shall be divided into three sections –

(i) European and Goan;
(ii) Asian and Arab; and
(iii) African.

Each wanted notice is marked to indicate which of the above sections it should be filed under. Each sheet shall have in the top right-hand corner the initial letter of the name under which it is filed. The filing is in alphabetical order of the names, European under surname, Asian and African under the first name. This method shall be rigidly adhered to.

(b)

Action by Stations: The "wanted" file shall be brought frequently to the notice of all personnel, and particular efforts should be made to arrest "wanted" person residing or having connection with the Station area.

(c)

Cancellation: Upon the arrest or other disposal of a "wanted" person, the Police Station shall inform D.C.I Headquarters Nairobi; who shall cancel the circulation through the Police Gazette Upon notification of a cancellation in the Police Gazette, the relevant document shall be taken out of the binder and destroyed. The certificate in the Police Gazette shall be signed to indicate that this has been done.

4.

Persons including missing persons whereabouts wanted

Particulars of suspects against whom there is insufficient evidence to obtain a warrant of arrest, witnesses who cannot be traced and missing person shall be filed -in the "Wanted persons" binder, but shall be printed on a different coloured paper.

5.

Hue and cry notices

Should it be required to give full and public circulation through the medium of a Hue and Cry Notice, application shall be made to the Officer-in-Charge C.R.O D.C.I Headquarters. These shall not normally be published unless–

(a)

a reward has been offered;

(b)

a photograph; or

(c)

a good description is available.

6.

Stolen or lost property

(1)

Stations shall circulate immediately, details of identifiable stolen or lost property through the medium of the Police radio network. The distribution shall be restricted to neighbouring stations and Police Station which may be directly concerned in the recovery of the property. A copy of all circulations shall be made by radio to "Idents Criminal Nairobi", where a card shall be filed in the Property Index and circulation made. in the Police Gazette of any items of Republic-wide interest. Attention is drawn to paragraphs 8 to 13 for details of minimum identifiable requirements.

(2)

Action by stations Station Commanders shall be responsible for passing information, to their patrols and crime investigators, of details of stolen or lost property which have been received by radio from a neighbouring station.

They shall be expected to take positive action, and details shall be filed in the station briefing file. Upon receipt of the Gazette, its contents in respect of property shall be noted by all personnel and then filed. No index of stolen or lost property shall be maintained by a Police Stations. A Republic-wide property index shall be maintained at D.C.I Headquarters Nairobi, to whom all inquiries should be directed.

7.

Recovered property

(1)

Details of identifiable, recovered or found property shall be forwarded to "Idents", Criminal Nairobi who shall check against the property index, and then–

(i) if traced, amend index and inform the station; or
(ii) if untraced, inform station and circulate through the Kenya Police Gazette.
(2)

Lost and found self-identifiable documents shall not be circulated in the Police Gazette.

8.

Particulars of wanted persons

Particulars required for wanted persons –

(a)

D.C.I. Docket number;

(b)

station Charge Register number;

(c)

full name;

(d)

identity Card number;

(e)

tribe;

(f)

district;

(g)

chief;

(h)

location;

(i)

assistant Chief;

(j)

sub-Location;

(k)

place and date of birth;

(l)

occupation;

(m)

height;

(n)

build;

(o)

eyes;

(p)

teeth;

(q)

hair;

(r)

distinguishing characteristics;

(s)

whether warrant of arrest has been obtained;

(t)

offence; and

(u)

any other information.

Either (1) or (4) is necessary for Kenyans.

9.

Identifiable property

Identifiable property - Property is said to be, identifiable when it is marked with one or more of the following characteristics –

(a)

initials;

(b)

numbers;

(c)

names;

(d)

crests; or

(e)

dates;

(i) Officers-in-Charge of Police Stations shall not send to C.R.O details of property the description of which is not marked in at least one of the ways mentioned above.
(ii) An illustrated brochure describing jewellery, watches and bicycles is available in all Police Stations. The brochure should be shown to persons describing the loss or theft or jewellery, watches; or bicycles, to assist in obtaining the fullest and most accurate details when requesting circulation of any items illustrated, it is sufficient to quote the number(s) against the relevant illustration(s).
10.

Particulars of Bicycles

Bicycles particulars required include –

(a)

manufacturers name;

(b)

frame number and size;

(c)

type - racing, upright;

(d)

colour;

(e)

single or three speed;

(f)

lady’s or gentleman’s;

(g)

gil chain bath;

(h)

handlebars; and

(i)

butterfly racing upturned

Minimum particulars for circulation, No. 2.

11.

Particulars of motor-cars and lorries

Information required for motor-cars and lorries include –

(a)

make

(b)

engine number;

(c)

type of body;

(d)

chassis number

(e)

colour;

(f)

serial number;

(g)

registration number; and

(h)

horse-power and/or cubic capacity.

12.

Motor-cycles

Information required for motor-cycles include –

(a)

make;

(b)

frame number;

(c)

colour;

(d)

cubic capacity; and

(e)

registration number.

13.

Unidentifiable property

Items of property, not identifiable in accordance with paragraphs 10 to 12, shall be accepted for circulation only if they are stolen in such large quantities the recognition by bulk is possible, or the item is of such outstanding shape or design that it would be readily identifiable from description, by a person who, had never seen it before. It is emphasized that as many as possible of the points referred to in paragraphs 8-12 be included in all submissions for promulgation.

The following rules have been approved by Judges –

1.

When a police officer is endeavouring to discover the author of a crime, there is no objection to his putting questions in respect thereof to any person or persons, whether suspected or not, from whom he or she thinks that useful information can be obtained.

2.

Whenever a police officer has made up his mind to charge a person with a crime, he should first caution such person before asking him any questions, or any further questions, as the case may be.

3.

Persons in custody should not be questioned without the usual caution being first administered.

4.

If the prisoner wishes to volunteer any statement, the usual caution should be administered, and it is desirable that the last two words of such caution be omitted and that the caution should end with the words "be given in evidence".

5.

The caution to be administered to a prisoner, when he is formally charged, should therefore be in the following words: "Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you wish to do so, but whatever you say shall be taken down in writing and may be given in evidence." Care should be taken to avoid any suggestion that his answers can only be used in evidence against him, as this may prevent an innocent person making a statement which might assist to clear him of the charge.

6.

A statement made by a prisoner before there is time to caution him is not rendered inadmissible in evidence merely by reason of no caution having been given, but in such case he should be cautioned as soon as possible.

7.

A prisoner making a voluntary statement shall not be cross-examined, and no questions should be put to him about it, except for the purpose of removing ambiguity in what he has actually said. For instance, if he has mentioned an hour without saying whether it was morning or evening, or has given a day of the week and day of the month which do not agree, or has not made it clear to what individual or what place he intended to refer in some part of his statement, he may be questioned sufficiently to clear up the point.

8.

When two or more persons are charged with the same offence, and statements are taken separately from the persons charged, the police should not read these statements to the other persons charged, but each of such persons should be furnished by the police with a copy of such statements and nothing should be said or done by the police to invite a reply. If the person charged desires to make a statement in reply, the usual caution should be administered.

9.

Any statement made in accordance with the above Rules should, whenever possible, be taken down in writing and signed by the person making it after it has been read to him and he has been invited to make any corrections he may wish.

GUIDELINES FOR FIRST RESPONDERS IN ELECTRONIC CRIME SCENE INVESTIGATIONS

1.

These guidelines are is intended to assist first responders who may be responsible for preserving an electronic crime scene and for recognizing, collecting, and safeguarding digital evidence.

First responders shall-

(a)

ensure that officer safety and the safety of others remain the highest priority;

(b)

recognize the investigative value of digital evidence;

(c)

assess available resources;

(d)

identify the equipment and supplies that should be taken to electronic crime scenes;

(e)

assess the crime scene and the digital evidence present; and

(f)

designate the assignments, roles, and responsibilities of personnel involved in the investigation.

PARA 2. These guidelines can also be used by-

(a)

anyone who may encounter a crime scene that might involve digital evidence;

(b)

everyone who processes a crime scene that includes digital evidence; and

(c)

everyone who supervises personnel who process such crime scenes.

3.

These guidelines are not all inclusive, but addresses situations encountered with electronic crime scenes and digital evidence.

4. All crime scenes are unique and the judgment of the first responder and prevailing technology should all be considered when implementing this information.

5. When dealing with digital evidence, general forensic and procedural principles should be applied, including ensuring that-

(a)

the process of collecting, securing, and transporting digital evidence will not change the evidence;

(b)

digital evidence should be collected by first responder to be examined and analyzed only by those trained specifically for that purpose; and

(c)

everything done during the seizure, transportation, and storage of digital evidence should be fully documented, preserved, and available for review.

6. Officer safety and the safety of others should remain the primary consideration of first responders

Digital Evidence

7. Digital evidence is information and data of value to an investigation that is stored on, received, or transmitted by an electronic device. This evidence is acquired when data or electronic devices are seized and secured for examination.

8. Digital evidence—

(a)

is latent, like fingerprints or DNA evidence;

(b)

crosses jurisdictional borders quickly and easily;

(c)

is easily altered, damaged, or destroyed; and

(d)

can be time sensitive.

9. First responders should remember that digital evidence may also contain physical evidence, such as DNA, fingerprints, or serology. Where physical evidence is collected as part of digital evidence it shall be preserved for such other appropriate examination.

10. When handling digital evidence at the scene caution should be taken in the collection, preservation, and transportation of digital evidence and first responders may follow the steps listed below to guide their handling of digital evidence at an electronic crime scene. First responders shall-

(a)

recognize, identify, seize, and secure all digital evidence at the scene;

(b)

document the entire scene and the specific location of the evidence found;

(c)

collect, label, and preserve the digital evidence; and

(d)

package and transport digital evidence in a secure manner.

11. Before collecting evidence at a crime scene, first responders shall ensure that—

(a)

legal authority exists to seize evidence;

(b)

the scene has been secured and documented; and

(c)

appropriate personal protective equipment is used.

12. First responders who lack the proper training and skills shall not attempt to explore the contents of or to recover information from a computer or other electronic device, other than to record what is visible on the display screen. They shall not press any keys or click the mouse.

13. Internally attached computer hard drives, external drives, and other electronic devices at a crime scene may contain information that can be useful as evidence in a criminal investigation or prosecution. The devices themselves and the information they contain may be used as digital evidence.

14. Some devices require internal or external power to maintain stored information. For these devices, the power must be maintained to preserve the information stored.

15. Computer Systems

A computer system consists of hardware and software that process data and may include-

(a)

a case that contains circuit boards, microprocessors, hard drive, memory, and interface connections;

(b)

a monitor or video display device;

(c)

a keyboard;

(d)

a mouse; and

(e)

the peripheral or externally connected drives, devices, and components.

16. Computer systems can take many forms, such as laptops, desktops, tower computers, rack-mounted systems, minicomputers, and mainframe computers. Additional components and peripheral devices include modems, routers, printers, scanners, and docking stations.

17. A computer system and its components can be valuable evidence in an investigation. The hardware, software, documents, photos, image files, e-mail and attachments, databases, financial information, Internet browsing history, chat logs, buddy lists, event logs, data stored on external devices, and identifying information associated with the computer system and components are all potential evidence

18. Storage Devices

(1)

Storage devices vary in size and the manner in which they store and retain data. First responders must understand that, regardless of their size or type, these devices may contain information that is valuable to an investigation or prosecution. The following storage devices may be digital evidence-

(a)

hard drives which are data storage devices that consist of an external circuit board; external data and power connections; and internal magnetically charged glass, ceramic, or metal platters that store data;

(b)

hard drives that are not connected to or installed on a computer; and

(c)

Hard drives installed on an external drive case.

(2)

External hard drives increase the computer’s data storage capacity and provide the user with portable data.

(3)

Generally, external hard drives require a power supply and a universal serial bus (USB), FireWire, Ethernet, or wireless connection to a computer system.

19. Removable media are cartridges and disk-based data storage devices. They are typically used to store, archive, transfer, and transport data and other information. These devices help users share data, information, applications, and utilities among different computers and other devices.

20. Thumb drives are small, lightweight, removable data storage devices with USB connections. These devices, also referred to as flash drives, are easy to conceal and transport. They can be found as part of, or disguised as, a wristwatch, a pocket-size multi tool such as a Swiss Army knife, a keychain fob, or any number of common and unique devices.

21. Memory cards are small data storage devices commonly used with digital cameras, computers, mobile phones, digital music players, personal digital assistants (PDAs), video game consoles, and handheld and other electronic devices.

22. Potential evidence includes Storage devices such as hard drives, external hard drives, removable media, thumb drives, and memory cards may contain information such as e-mail messages, Internet browsing history, Internet chat logs and buddy lists, photographs, image files, databases, financial records, and event logs that can be valuable evidence in an investigation or prosecution.

23. Handheld Devices

Handheld devices are portable data storage devices that provide communications, digital photography, navigation systems, entertainment, data storage, and personal information management.

24. Potential evidence includes Handheld devices such as mobile phones, smart phones, PDAs, digital multimedia (audio and video) devices, pagers, digital cameras, and global positioning system (GPS) receivers may contain software applications, data, and information such as documents, e-mail messages, Internet browsing history, Internet chat logs and buddy lists, photographs, image files, databases, and financial records that are valuable evidence in an investigation or prosecution

25. It is important to note that—

(a)

data or digital evidence may be lost if power is not maintained; and

(b)

data or digital evidence on some devices such as mobile or smart phones can be overwritten or deleted while the device remains activated.

26. Software is available for mobile and smart phones that can be activated remotely to render the device unusable and make the data it contains inaccessible if the phone is lost or stolen. This software can produce similar results if activated on a device seized by law enforcement. First responders should take precautions to prevent the loss of data on devices they seize as evidence.

27. Peripheral Devices

Description: Peripheral devices are equipment that can be connected to a computer or computer system to enhance user access and expand the computer’s functions.

28. Potential evidence: The devices themselves and the functions they perform or facilitate are all potential evidence. Information stored on the device regarding its use also is evidence, such as incoming and outgoing phone and fax numbers; recently scanned, faxed, or printed documents; and information about the purpose for or use of the device. In addition, these devices can be sources of fingerprints, DNA, and other identifiers.

29. Other Potential Sources of Digital Evidence

First responders should be aware of and consider as potential evidence other elements of the crime scene that are related to digital information, such as electronic devices, equipment, software, hardware, or other technology that can function independently, in conjunction with, or attached to computer systems. These items may be used to enhance the user’s access of and expand the functionality of the computer system, the device itself, or other equipment.

30. Potential evidence: The device or item itself, its intended or actual use, its functions or capabilities, and any settings or other information it may contain is potential evidence.

31. Computer Networks

A computer network consists of two or more computers linked by data cables or by wireless connections that share or are capable of sharing resources and data. A computer network often includes printers, other peripheral devices, and data routing devices such as hubs, switches, and routers.

32. Potential evidence: The networked computers and connected devices themselves may be evidence that is useful to an investigation or prosecution. The data they contain may also be valuable evidence and may include software, documents, photos, image files, e-mail messages and attachments, databases, financial information, Internet browsing history, log files, event and chat logs, buddy lists, and data stored on external devices. The device functions, capabilities, and any identifying information associated with the computer system; components and connections, including Internet protocol (IP) and local area network (LAN) addresses associated with the computers and devices; broadcast settings; and media access card (MAC) or network interface card (NIC) addresses may all be useful as evidence.

33. In most cases, items or devices containing digital evidence can be collected using standard seizure tools and materials.

34. First responders must exercise caution when collecting, packaging, or storing digital devices to avoid altering, damaging, or destroying the digital evidence.

35. First responders must avoid using any tools or materials that may produce or emit static electricity or a magnetic field as these may damage or destroy the evidence.

36. Should the complexity of an electronic crime scene exceed the expertise of a first responder, the first responder should request assistance from personnel with advanced equipment and training in digital evidence collection.

37. Tools and Materials for Collecting Digital Evidence

In addition to tools for processing crime scenes in general, first responders should have the following items in their digital evidence collection toolkit:

(a)

cameras (photo and video);

(b)

cardboard boxes;

(c)

notepads;

(d)

gloves;

(e)

evidence inventory logs;

(f)

evidence tape;

(g)

paper evidence bags;

(h)

evidence stickers, labels, or tags;

(i)

crime scene tape;

(j)

antistatic bags;

(k)

permanent markers; and

(l)

nonmagnetic tools;

38. First responders should also have radio frequency-shielding material such as aluminum foil or faraday isolation bags to wrap cell phones, smart phones, and other mobile communication devices after they have been seized. Wrapping the phones in radio frequency-shielding material prevents the phones from receiving a call, text message, or other communications signal that may alter the evidence.

39. After securing the scene and all persons at the scene, the first responder should visually identify all potential evidence and ensure that the integrity of both the digital and traditional evidence is preserved. Digital evidence on computers and other electronic devices can be easily altered, deleted, or destroyed.

40. First responders should document, photograph, and secure digital evidence as soon as possible at the scene.

41. When securing and evaluating the scene, the first responder shall—

(a)

immediately secure all electronic devices, including personal or portable devices;

(b)

ensure that no unauthorized person has access to any electronic devices at the crime scene;

(c)

refuse offers of help or technical assistance from any unauthorized persons;

(d)

remove all persons from the crime scene or the immediate area from which evidence is to be collected;

(e)

ensure that the condition of any electronic device is not altered; and

(f)

leave a computer or electronic device off if it is already turned off.

42. Components such as keyboard, mouse, removable storage media, and other items may hold latent evidence such as fingerprints, DNA, or other physical evidence that should be preserved. First responders should take the appropriate steps to ensure that physical evidence is not compromised during documentation.

43. If a computer is on or the power state cannot be deter­mined, the first responder should—

(a)

look and listen for indications that the computer is powered on. Listen for the sound of fans running, drives spinning, or check to see if light emitting diodes (LEDs) are on;

(b)

check the display screen for signs that digital evidence is being destroyed words to look out for include "delete", "format", "remove", "copy", "move", "cut "or "wipe;"

(c)

look for indications that the computer is being accessed from a remote computer or device;

(d)

look for signs of active or ongoing communications with other computers or users such as instant messaging windows or chat rooms; and

(e)

take note of all cameras or Web cameras (Web cams) and determine if they are active.

44. Developments in technology and the convergence of communications capabilities have linked even the most conventional devices and services to each other, to computers, and to the Internet. This rapidly changing environment makes it essential for the first responder to be aware of the potential digital evidence in telephones, digital video recorders, other household appliances, and motor vehicles.

45. Preliminary Interviews

First responders should separate and identify all adult persons of interest at the crime scene and record their location at the time of entry onto the scene. No one should be allowed access to any computer or electronic device.

46. First responders should obtain as much information from these individuals as possible, including:

(a)

names of all users of the computers and devices;

(b)

all computer and internet user information;

(c)

all login names and user account names;

(d)

purpose and uses of computers and devices;

(e)

all passwords;

(f)

any automated applications in use;

(g)

type of Internet access;

(h)

any offsite storage;

(i)

internet service provider;

(j)

installed software documentation;

(k)

all e-mail accounts;

(l)

security provisions in use;

(m)

web mail account information;

(n)

data access restrictions in place;

(o)

all instant message screen names;

(p)

all destructive devices or software in use;

(q)

mySpace, Facebook, or other online social networking Web site account information; and

(r)

any other relevant information.

47. Documentation of a crime scene creates a record for the investigation. It is important to accurately record the location of the scene; the scene itself; the state, power status, and condition of computers, storage media, wireless network devices, mobile phones, smart phones, PDAs, and other data storage devices; Internet and network access; and other electronic devices.

48. The first responder should be aware that not all digital evidence may be in close proximity to the computer or other devices.

49. Officials may need to move a computer or another electronic device to find its serial numbers or other identifiers.

50. Moving a computer or another electronic device while it is on may damage it or the digital evidence it contains. Computers and other electronic devices should not be moved until they are powered off. Additional documentation of the system and devices may be performed during the collection phase.

51. The initial documentation of the scene should include a detailed record using video, photography, and notes and sketches to help recreate or convey the details of the scene later. All activity and processes on display screens should be fully documented.

52. Documentation of the scene should include the entire location, including the type, location, and position of computers, their components and peripheral equipment, and other electronic devices. The scene may expand to multiple locations; first responders should document all physical connections to and from the computers and other devices.

53. Record any network and wireless access points that may be present and capable of linking computers and other devices to each other and the Internet. The existence of network and wireless access points may indicate that additional evidence exists beyond the initial scene.

54. The first responder must have proper authority—such as plain view observation, consent, or a court order—to search for and collect evidence at an electronic crime scene. The first responder must be able to identify the authority under which he or she may seize evidence and should follow guidelines, consult a superior, or contact a prosecutor if a question of appropriate authority arises.

55. Digital evidence must be handled carefully to preserve the integrity of the physical device as well as the data it contains.

56. Some digital evidence requires special collection, packaging, and transportation techniques. Data can be damaged or altered by electromagnetic fields such as those generated by static electricity, magnets, radio transmitters, and other devices.

57. Communication devices such as mobile phones, smart phones, PDAs, and pagers should be secured and prevented from receiving or transmitting data once they are identified and collected as evidence.

58. Care should be taken in regard to powering of devices. If data encryption is in use on a computer, data storage device, or other electronic device and it is improperly powered off during digital evidence collection, the data it contains may become inaccessible.

59. Computers, Components, and Devices

To prevent the alteration of digital evidence during collection, first responders should first—

(a)

document any activity on the computer, components, or devices; and

(b)

confirm the power state of the computer- Check for flashing lights, running fans, and other sounds that indicate the computer or electronic device is powered on. If the power state cannot be determined from these indicators, observe the monitor to determine if it is on, off, or in sleep mode.

60. Assess the Situation

After identifying the computer’s power status, follow the steps listed below for the situation most like your own:

(i) Situation 1: If the monitor is on, it displays a program, application, work product, picture, e-mail or Internet site on the screen;
(a) photograph the screen and record the information displayed; and
(b) proceed to "If the Computer is ON" (Paragraph 62).
(ii) Situation 2: if the monitor is on and a screen saver or picture is visible;
(a) move the mouse slightly without depressing any buttons or rotating the wheel. Note any onscreen activity that causes the display to change to a login screen, work product, or other visible display;
(b) photograph the screen and record the information displayed; and
(c) proceed to "If the Computer Is ON" (Paragraph 62).
(iii) Situation 3: If the monitor is on; however, the display is blank as if the monitor is off;
(a) move the mouse slightly without depressing any buttons or rotating the wheel. The display will change from a blank screen to a login screen, work product, or other visible display. Note the change in the display;
(b) photograph the screen and record the information displayed; and
(c) proceed to "If the Computer Is ON" (Paragraph 62).
(iv) Situation 4a: If the monitor is powered off. The display is blank.
(a) if the monitor’s power switch is in the off position, turn the monitor on. The display changes from a blank screen to a login screen, work product, or other visible display. Note the change in the display;
(b) photograph the screen and the information displayed; and
(c) proceed to "If the Computer Is ON" (Paragraph 62).

Situation 4b: The monitor is powered off. The display is blank.

(a)

if the monitor’s power switch is in the off position, turn the monitor on. The display does not change; it remains blank. Note that no change in the display occurs;

(b)

photograph the blank screen; and

(c)

proceed to "If the Computer Is OFF" (Paragraph 61).

(v)

Situation 5: The monitor is on. The display is blank.

(a)

Move the mouse slightly without depressing any buttons or rotating the wheel; wait for a response.

(b)

If the display does not change and the screen remains blank, confirm that power is being supplied to the monitor. If the display remains blank, check the computer case for active lights, listen for fans spinning or other indications that the computer is on.

(c)

If the screen remains blank and the computer case gives no indication that the system is powered on, proceed to "If the Computer Is OFF" (Paragraph 61).

61. If the Computer is OFF

(a)

For desktop, tower, and minicomputers follow these steps:

(i) Document, photograph, and sketch all wires, cables, and other devices connected to the computer.
(ii) Uniquely label the power supply cord and all cables, wires, or USB drives attached to the computer as well as the corresponding connection each cord, cable, wire, or USB drive occupies on the computer.
(iii) Photograph the uniquely labeled cords, cables, wires, and USB drives and the corresponding labeled connections.
(iv) Remove and secure the power supply cord from the back of the computer and from the wall outlet, power strip, or battery backup device.
(v) Disconnect and secure all cables, wires, and USB drives from the computer and document the device or equipment connected at the opposite end.
(vi) Place tape over the floppy disk slot, if present.
(vii) Make sure that the CD or DVD drive trays are retracted into place; note whether these drive trays are empty, contain disks, or are unchecked; and tape the drive slot closed to prevent it from opening.
(viii) Place tape over the power switch.
(ix) Record the make, model, serial numbers, and any user-applied markings or identifiers.
(x) Record or log the computer and all its cords, cables, wires, devices, and components according to agency procedures.
(xi) Package all evidence collected following agency procedures to prevent damage or alteration during transportation and storage.
(b)

For laptop computers follow these steps:

(i) Document, photograph, and sketch all wires, cables, and devices connected to the laptop computer 2. Uniquely label all wires, cables, and devices connected to the laptop computer as well as the connection they occupied.
(ii) Photograph the uniquely labeled cords, cables, wires, and devices connected to the laptop computer and the corresponding labeled connections they occupied.
(iii) Remove and secure the power supply and all batteries from the laptop computer.
(iv) Disconnect and secure all cables, wires, and USB drives from the computer and document the equipment or device connected at the opposite end.
(v) Place tape over the floppy disk slot, if present.
(vi) Make sure that the CD or DVD drive trays are retracted into place; note whether these drive trays are empty, contain disks, or are unchecked; and tape the drive slot closed to prevent it from opening.
(vii) Place tape over the power switch.
(viii) Record the make, model, serial numbers, and any user applied markings or identifiers.
(ix) Record or log the computer and all its cords, cables, wires, devices, and components according to agency procedures.
(x) Package all evidence collected following agency procedures to prevent damage or alteration during transportation and storage.

62. If the Computer Is ON

(a)

For practical purposes, removing the power supply when you seize a computer is generally the safest option. If evidence of a crime is visible on the computer display, however, you may need to request assistance from personnel who have experience in volatile data capture and preservation.

(b)

In the following situations, immediate disconnection of power is recommended:

(i) Information or activity onscreen indicates that data is being deleted or overwritten.
(ii) There is indication that a destructive process is being performed on the computer’s data storage devices.
(iii) The system is powered on in a typical Microsoft Windows® environment. Pulling the power from the back of the computer will preserve information about the last user to login and at what time the login occurred, most recently used documents, most recently used commands, and other valuable information.
(c)

In the following situations, immediate disconnection of power is NOT recommended:

(i) Data of apparent evidentiary value is in plain view onscreen. The first responder should seek out personnel who have experience and training in capturing and preserving volatile data before proceeding.
(ii) Indications exist that any of the following are active or in use: Chat rooms, Open text documents, Remote data storage, Instant message windows, Child pornography, Contraband, Financial documents, Data encryption or obvious illegal activities.
(d)

For mainframe computers, servers, or a group of networked computers, the first responder should secure the scene and request assistance from personnel who have training in collecting digital evidence from large or complex computer systems.

63. Other Forms of Evidence

Be alert to the crime scene environment. Look out for pieces of paper with possible passwords, handwritten notes, blank pads of paper with impressions from prior writings, hardware and software manuals, calendars, literature, and text or graphic material printed from the computer that may reveal information relevant to the investigation. These forms of evidence also should be documented and preserved.

64. Other Electronic and Peripheral Devices of Potential Evidential Value

The following are examples of electronic devices, components, and peripherals that first responders may need to collect as digital evidence: Audio recorders, GPS accessories, Answering machines, Computer chips, Pagers, Cordless landline telephones, Copy machines, Cellular telephones, Hard drive duplicators, Facsimile (fax) machines, Printers, Multifunction machines (printer, scanner, copier, and fax), Wireless access points, Laptop power supplies and accessories, Smart cards, Videocassette recorders (VCRs), Scanners, Telephone caller ID units, Personal Computer Memory Card International Association, (PCMCIA) cards, PDAs.

65. When collecting electronic devices, components, and peripherals such as those listed above, remember to collect the power supplies, cables, and adapters for those devices as well.

66. Electronic devices such as those listed above may contain information of evidentiary value to an investigation. Except in emergency situations, such devices should not be operated and the information they might contain should not be accessed directly.

67. If a situation warrants accessing these devices and the information they contain immediately, all actions taken should be thoroughly documented. Data may be lost if a device is not properly handled or its data properly accessed.

68. Packaging, Transportation, and Storage of Digital Evidence

Digital evidence—and the computers and electronic devices on which it is stored—is fragile and sensitive to extreme temperatures, humidity, physical shock, static electricity, and magnetic fields.

69. The first responder should take precautions when documenting, photographing, packaging, transporting, and storing digital evidence to avoid altering, damaging, or destroying the data.

70. Packaging Procedures

All actions related to the identification, collection, packaging, transportation, and storage of digital evidence should be thoroughly documented. When packing digital evidence for transportation, the first responder should—

(a)

Ensure that all digital evidence collected is properly documented, labeled, marked, photographed, video recorded or sketched, and inventoried before it is packaged.

(b)

All connections and connected devices should be labeled for easy reconfiguration of the system later.

(c)

Remember that digital evidence may also contain latent, trace, or biological evidence and take the appropriate steps to preserve it.

(d)

Digital evidence imaging should be done before latent, trace, or biological evidence processes are conducted on the evidence.

(e)

Pack all digital evidence in antistatic packaging. Only paper bags and envelopes, cardboard boxes, and antistatic containers should be used for packaging digital evidence.

(f)

Plastic materials should not be used when collecting digital evidence because plastic can produce or convey static electricity and allow humidity and condensation to develop, which may damage or destroy the evidence.

(g)

Ensure that all digital evidence is packaged in a manner that will prevent it from being bent, scratched, or otherwise deformed.

(h)

Label all containers used to package and store digital evidence clearly and properly.

(i)

Leave cellular, mobile, or smart phone(s) in the power state (on or off) in which they were found.

(j)

Package mobile or smart phone(s) in signal-blocking material such as faraday isolation bags, radio frequency-shielding material, or aluminum foil to prevent data messages from being sent or received by the devices. (First responders should be aware that if inappropriately packaged, or removed from shielded packaging, the device may be able to send and receive data messages if in range of a communication signal.)

(k)

Collect all power supplies and adapters for all electronic devices seized.

71. Transportation Procedures

When transporting digital evidence, the first responder should—

(a)

Keep digital evidence away from magnetic fields such as those produced by radio transmitters, speaker magnets, and magnetic mount emergency lights. Other potential hazards that the first responder should be aware of include seats heaters and any device or material that can produce static electricity.

(b)

Avoid keeping digital evidence in a vehicle for prolonged periods of time. Heat, cold, and humidity can damage or destroy digital evidence.

(c)

Ensure that computers and electronic devices are packaged and secured during transportation to prevent damage from shock and vibration.

(d)

Document the transportation of the digital evidence and maintain the chain of custody on all evidence transported.

72. Storage Procedures

When storing digital evidence, the first responder should—

(a)

Ensure that the digital evidence is inventoried in accordance with the agency’s policies.

(b)

Ensure that the digital evidence is stored in a secure, climate-controlled environment or a location that is not subject to extreme temperature or humidity.

(c)

Ensure that the digital evidence is not exposed to magnetic fields, moisture, dust, vibration, or any other elements that may damage or destroy it.

(d)

Potentially valuable digital evidence including dates, times, and system configuration settings may be lost due to prolonged storage if the batteries or power source that preserve this information fails. Where applicable, inform the evidence custodian and the forensic examiner that electronic devices are battery powered and require prompt attention to preserve the data stored in them.

73. Labeling

If more than one computer/electronic device is seized as evidence, all computers, cables, and devices connected to them should be properly labeled to facilitate reassembly if necessary. In this example, the computer is designated as computer A. All connections and cables are marked with an "A" and a unique number.

74. Subsequently seized computers/electronic device can be labeled in alphabetical order. The corresponding connections and cables can be labeled with the letter designation for the computer and a unique number to ensure proper reassembly.

CHAPTER 43 – IDENTIFICATION OF POLICE OFFICERS
1.

Display of Identification

(1)

A Police Officer shall carry a Certificate of Appointment at all times readily accessible for display.

(2)

A Police officer in uniform shall affix a nametag and an identifiable Service number in a clearly visible part of the uniform at all times.

(3)

A Police Officer in uniform shall wear a nametag, badge or identifiable Service number badge on the left breast of his or her outermost garment.

(4)

A Police Officer in civilian clothes shall, while in a police facility or scene of crime, prominently display his or her Certificate of Appointment.

2.

Exchange of Certificate of Appointment Prohibited

(1)

A Certificate of Appointment shall not be erased, altered, exchanged or transferred except by order of the Inspector-General or when occasioned by a change in rank.

(2)

An officer must not use another officer's Certificate of Appointment or a copy of the Certificate of Appointment.

(3)

An officer shall not allow any person to use his Certificate of Appointment or an official badge issued to the officer.

3.

Loss of Certificate of Appointment

(1)

An officer must take reasonable care of his or her Certificate of Appointment.

(2)

Any loss or damage to a Certificate of Appointment shall be reported immediately at the police station and shall be subject to an immediate inquiry, and the findings shall be forwarded to the respective County Commander.

(3)

The cost of repair or replacement shall be charged to the officer, unless the inquiry reveals that such a loss or damage was not occasioned by negligence.

(4)

The name tag and the Certificate of Appointment shall be in the form prescribed by the Inspector General.

4.

Issuing of Identification Cards

(1)

A police officer shall be issued with new Certificate of Appointment after every five years.

(2)

a police officer shall be issued with a new Certificate of Appointment upon change of status or unit of assignment.

(3)

It shall be the responsibility of each police officer to ensure that his or her Certificate of Appointment properly reflects his or her current title and the current assignment.

(4)

A police officer—

(a)

may have his or her Certificates of Appointment’s, photographs, signatures and fingerprints taken at the Sub-County Stations or at the Human Resources division;

(b)

shall receive his or her Certificate of Appointment through the Human Resources division; and

(c)

must surrender the old identification card upon being issued with a new identification card.

(5)

County Commanders and Directors shall ensure compliance with all of the provisions of this Order.

5.

Police Officers not in uniform to provide proof of identification

For purposes of identification of a police officer and to avert the risk of civilians impersonating police officers–

(a)

unless an activity, such as undercover operation, precludes prior identification, any police officer on or off-duty and not in full police uniform shall identify themselves as police officers prior to taking any enforcement or corrective action including gathering any police information;

(b)

a police officer shall identify himself or herself by name, rank and certificate of appointment when requested to do so by any person;

(c)

a police officer in civilian clothes on duty shall availhis or her certificate of appointment for examination to all persons whom he or she officially contact;

(d)

a police officer in full uniform shall present a certificate of appointment if a citizen who, the officer feels is, sincere in the request, questions identity and honestly has doubt about the officer’s identity; and

(e)

while on-duty, plain-clothes officers shall display their badges on their outer garment when involved in a police group action where their identity may be questioned by either citizens or other police officers.

CHAPTER 44 – NATIONAL POLICE SERVICE INSPECTIONS
1.

Inspection of formations in the Service

(1)

The Inspector-General, Deputy Inspector-Generals or the Director of Criminal Investigations may at any time inspect a Formation.

(2)

During such inspections, all police officers available at the Formation shall be paraded in full dress depending on their ranks, as prescribed for parades.

(3)

For the purposes of this order, the term "men" refer to both male and female members of the National Police Service participating in the parade.

(4)

When the numerical strength of the Formation permits, the men on parade may be drawn up as a company in line and sized as laid down in the Drill (All Arms) Manual, 1965 edition.

(5)

The parade shall be formed as follows—

(a)

the parade commander shall be six paces in front of the centre of the parade;

(b)

platoon commanders shall be three paces in front of the platoons;

(c)

in the event that there are insufficient officers to command each platoon, the parade frontage shall be divided between the platoon commanders actually on parade;

(d)

the platoon sergeant of each platoon shall be three paces in the rear of the centre of each platoon;

(e)

the next senior Non-Commissioned Officers shall fall in at the right of the front, rear and centre ranks of each platoon;

(f)

the senior sergeant of the Formation shall fall in three paces to the rear of the platoon sergeant of the centre platoon;

(g)

all other sergeants or corporals shall fall in ranks;

(h)

buglers, where available, shall be drawn up on the right flank four paces from the right hand man of the front rank of the right hand platoon;

(i)

members of the inspectorate shall act as platoon commanders; and

(j)

if there are more members of the inspectorate than for each platoon, they shall take up their positions in line with the platoon commanders and be evenly spaced along the platoon frontage.

(6)

If there are insufficient men to form a company, the officers shall fall in accordance with the instructions laid down in Appendix 40(a) and the parade shall be conducted as follows—

(a)

the parade shall be in open order and bayonets shall be fixed before the arrival of the Inspector-General or Deputy Inspector-Generals or Director, Directorate of criminal investigation;

(b)

as the Inspector-General or Deputy Inspector-Generals or the Director of the Directorate of Criminal Investigation approach the parade, the Commander shall order "shoulder arms";

(c)

on arrival of the Inspector-General, Deputy Inspectors- General or the Director, Directorate of Criminal Investigations at the saluting base, the parade commander shall order "Inspector-General’ (Deputy Inspectors-General or the Director Directorate of Criminal Investigation ) salute-present arms" and bugler, if available, shall sound the "general salute"; and

(d)

the parade commander shall then order "shoulder arms"

and "order arms" and shall, immediately after the completion of the second movement, march to the saluting base, halt two paces in front of the base and report to the inspecting officer, "sir (number of officers, by ranks, on parade to be quoted), on parade ready for your inspection, sir or madam".

2.

Inspection report

(1)

All reports of inspections by the Inspector-General or Deputy Inspector-Generals or Director of Criminal Investigation of any Formation shall be kept in a permanent file at the Headquarters of the Formation concerned.

(2)

The pages of such reports shall be inter-leaved with blank foolscap sheets on which shall be entered the result of action taken in regard to points raised in the inspection.

(3)

As soon as possible after an inspection, the County or Formation Commander shall forward to the National Police Headquarters a certificate confirming that all issues raised during the inspection have been addressed as directed.

3.

Visit by service head quarter

(1)

Senior staff officers at the Service and the Directorate Headquarters shall, on direction of the Inspector-General or any Deputy Inspector-Generals or Director of the Directorate of Criminal Investigation as the case may be, carry out periodical inspection visits to stations or Formations or Counties within the Republic.

(2)

The senior or staff officers shall promptly submit reports of the inspection visits to the Inspector-General.

4.

Scheduled Inspections

(1)

The following inspection programmes shall be carried out annually—

Officer Responsible

Number of Inspections

Inspection Report

(a) Director of Inspections Service Head Quarters

Two random inspections in at least three stations in eachCounty per quarter

Submit through the normal chain of command, One copy of the report to the County Commander, respective DeputyInspectors-General, or Director, Directorate of Criminal Investigation and Inspector-General.

(b) Officers-In-Charge County/ Formation/ Technical Sections

One inspection of County/ Formation Sub-County/Station/Technical Sections.

the report to IG, DIG and DCI

(c) Sub-County

One inspection of all /Sub- County Head Quarters and Police stations/posts and outposts, Traffic, 999 Formations, and depots.

Submit through the normal chain of command, Onecopy of the report to the County Commander, respective Deputy Inspectors-General , or Director, Directorate of Criminal Investigation and Inspector-General

(d) Unit

One inspection of each company.

Submit through the normal chain of command , One copy of the report to the County Commander, respective Deputy Inspectors-General, or Director, Directorate of Criminal Investigation and Inspector General.

(e) Officers In-Charge special/technical branches/National Police Services in the Counties.

One inspection of all Sub- County Headquarters, branches or National Police Service One inspection of all subordinate Formations under respective commands

Submit through the normal chain of command ,One copy of the report to the County Commander, respective Deputy Inspector-General, or Director, Directorate of Criminal Investigation and Inspector- General

(2)

As soon as a Station or Formation is inspected, officers conducting scheduled inspections shall prepare and submit to inspection reports as detailed in paragraph 7 with copies to the inspected unit and all senior officers within Station or Formation.

5.

County Commander not to inspect specialist formation

County Commanders may, in the course of their normal duties, visit specialist or technical formations of the National Police Service within their counties but shall not carry out annual inspections of these specialist or technical formations.

6.

Inspecting officers

The following steps shall be applied by the inspecting officers during inspections—

(a)

sub-county commanders shall inspect, in detail, all items listed in paragraph 7 hereto while county or formation commanders shall limit their inspections to matters affecting policy and to those items included under a heading marked with an asterisk and to the detailed items, with similar mark elsewhere;

(b)

in large counties or formations, inspections may be carried out on behalf of the county or Formation commander, if so directed by the county or Formation commander, by his deputy or headquarters senior superintendent of police;

(c)

staff officers attached to the county or formation headquarters may be detailed to inspect stations or formations (including posts) with establishment of less than thirty junior officers and submit their reports to the county or Formation commander: Provided that, subcounty headquarters and larger stations shall, be inspected by the county or Formation commander;

(d)

county or Formation or unit and sub-county commanders shall draw and submit through the chain of command to service, county or formation headquarters a quarterly inspection visit programme in respect of stations, formations and items to be inspected and such programmes shall be drawn in accordance with the template set out in Appendix 44 (a): National Police Service Inspection Template;

(e)

staff officers attached to county or formation headquarters shall carry out regular inspections of all items of stores, equipment, arms and ammunition held on station or Formation charge and submit their report to the county or Formation commanders with a copy to service quartermaster and respective chief service Armoirer;

(f)

County or formation executive officers shall inspect the sub-county imprest, revenue and welfare accounts as frequently as possible, in any case at least once every quarter and submit their report to the county or Formation commanders with a copy to the chief accountant.

7.

Items to be inspected

The following items shall be inspected in the following order—

(a)

personnel—

(i) establishment or strength;
(ii) parade;
(iii) squad drill;
(iv) arms drill; and
(v) kit inspection.
(b)

quarters—

(i) lines including ancillary buildings and latrines;
(ii) police station buildings;
(iii) armory;
(iv) radio buildings; and
(v) canteen.
(c)

equipment—

(i) vehicles;
(ii) bicycles;
(iii) animals;
(iv) saddler;
(v) technical and scientific equipment;
(vi) stores;
(vii) arms and ammunition;
(viii) maps; and
(ix) stationary plants.
(d)

proficiency—

(i) first aid and first aid training;
(ii) musketry;
(iii) knowledge of law and police duties;
(iv) language;
(v) riot drill;
(vi) physical training;
(vii) alarm duties; and
(viii) candidates for promotion.
(e)

health and welfare—

(i) games and recreation;
(ii) canteen facilities;
(iii) interviews;
(iv) leave; and
(v) wives and children.
(f)

General Administration—

(i) office equipment;
(ii) records general;
(iii) cash and accounts;
(iv) correspondence;
(v) filing system;
(vi) reports and returns;
(vii) internal security scheme;
(viii) codes and ciphers;
(ix) complaints against police; and
(x) special inquiries.
(g)

crime prevention—

(i) Beats and patrols;
(ii) Traffic control;
(iii) Informers and rewards;
(iv) Incidence of local crime;
(v) Intelligence;
(vi) Standard of prosecution;
(vii) Crime investigation;
(viii) Crime graphs; and
(ix) Register of Wanted persons.
(h)

records—

(i) accident registers and files;
(ii) arms movement register;
(iii) bicycle history sheet, where a cycle is on charge;
(iv) briefing file;
(v) burial permit book;
(vi) canteen subscription register;
(vii) case files;
(viii) cash bail receipt book;
(ix) cell register;
(x) charge registers;
(xi) civil process register;
(xii) civilian firearms register and receipt book;
(xiii) defaulters register;
(xiv) sub-county standing orders;
(xv) duty roster;
(xvi) escapes from police custody register;
(xvii) exhibits register;
(xviii) firearms register;
(xix) fire inquiry register;
(xx) service orders;
(xxi) service standing orders;
(xxii) general information register;
(xxiii) inquest register and files;
(xxiv) inventory books;
(xxv) leave register;
(xxvi) local purchase order book;
(xxvii) lost and found property book;
(xxviii) miscellaneous receipt books;
(xxix) occurrence book;
(xxx) outgoing trunk telephone call book;
(xxxi) officers visiting book;
(xxxii) kenya gazette supplements;
(xxxiii) patrol register and books;
(xxxiv) petrol, diesel and oil registers;
(xxxv) police gazettes;
(xxxvi) postage imprest book;
(xxxvii) pound book where pounds are maintained;
(xxxviii) prisoner’s escort cash registers;
(xxxix) prisoner’s meals requisition book;
(xl) prisoner’ s property receipt books;
(xli) county standing orders;
(xlii) county weekly orders;
(xliii) register of accountable documents;
(xliv) sick registers;
(xlv) station standing orders;
(xlvi) summons book;
(xlvii) supervisees;
(xlviii) traffic ticket or notice to attend court books;
(xlix) vehicle and power plant log-books and work; and
(l)

ticket warrant book.

(i) National Police Service Reserve—
(j)

External Relationships with—

(i) the county and national government administration;
(ii) other national police services; and
(iii) the public.
(k)

matters arising from previous and inspection reports;

(l)

general; and

(m)

conclusion.

8.

Name of Officerin-Charge of the Formation to be shown at head of report

(1)

The Inspecting officer shall include at the head of each inspection the report, the rank and name of the Formation Commander and the date he or she assumed command.

(2)

In case of a recent change of command, the rank and name of the previous Formation Commander shall be added in brackets.

(3)

Where the inspection is carried out by a police officer from the County or Formation Headquarters, name, and rank of the Sub- County Commander shall be shown.

9.

Inspection of large Formation to be staggered

(1)

In order not to disrupt the normal works of large Formations, inspecting officers shall make arrangements to inspect different features or items at different times.

(2)

When inspecting a large Formation, unit or police premises, the County or Formation Commander may, at his or her discretion be assisted by staff officer in checking various records, stores, equipment, arms or ammunition, to ascertain the administrative efficiency of the Unit.

10.

Formation to be visited frequently

(1)

In addition to formal and scheduled inspections, officers may make surprise and unannounced inspections of particular features of Formation under their command as need be.

(2)

The functions of a Formation which requires most frequent inspection are–

(a)

crime prevention and investigation;

(b)

training and development of personnel;

(c)

vehicles;

(d)

arms and ammunition; and

(e)

general security.

11.

Officers visiting book

(1)

The following steps shall apply to the usage and care of the Officers visiting book–

(a)

a Police Officer’s visiting book shall be kept at and may not be removed from every Formation down to police post level;

(b)

when inspecting or visiting any county, formation or unit, gazetted officers shall enter in the officers’ visiting book, the date and time of their arrival and departure, the details of their visit and any instructions and observations they may desire to make;

(c)

when carrying out a formal inspection the inspecting officer shall record in the book, "annual inspection; name of the officer-in-charge of the Formation present; report to follow";

(d)

officers making an entry in the officers’ visiting book shall indicate their names, official title and Formation under their signature;

(e)

the officer-in-charge of station or Formation shall forward to the sub-county commander and the county formation commander extract of entries made in the station, county, sub-county or formation’s officers’ visiting book by a gazetted police officer other than the sub-county commander or deputy sub-county commander. the officer-in-charge station or formation shall indicate what action, if any, the officer has taken on remarks made by the visiting officer; and

(f)

only gazetted officers are permitted to make entries in the officers’ visiting book, however, separate books for use by members of inspectorate at police posts, outposts, patrol bases and unit bases may be maintained at the discretion of county or formation commander.

1. The National Police operational commands comprise of specialised units and counties. Unit bases and outposts form the frontline service delivery points of these commands and their performance is vital to the delivery of policing services, sustaining public confidence and achieving the Service mission.

2. Inspection is a performance management tool meant to assess how well stations serve the needs of their communities. There is need to continuously monitor and evaluate performance in these frontline stations in order to maintain the efficiency and effectiveness of policing through regular inspections. Such inspections shall provide a detailed examination of the station, make recommendations and identify good practice to secure overall performance improvement.

3. Purpose of inspection

The aim of an inspections exercise is to ensure officers remain continuously guided on what is required of them and any areas requiring improvement are identified and addressed. Inspection shall support, rather than hinder service delivery. The postinspection report shall contain recommendations for implementation by the unit or station, as well as those requiring immediate attention of the station’s higher command. Recommendations should therefore be reasonable and well thought out.

4. Use of the Inspection Template

This template is a guide to any station that is to be inspected as to what an inspections team is looking out for. It also provides the inspections team with a clear understanding of what to look for during inspections exercise. The template also serves as a record for higher command to evaluate an individual commander on his ability to supervise his juniors.

5. Any commander intending to undertake inspections should give reasonable notice to the station to be affected. The inspecting team shall forward a brief report on the inspections exercise to the next command. The brief shall contain only the highlights of the most important findings and recommendations.

6. Scope

This template is applicable to all stations where inspections are to be undertaken.

These include outpost, post, ward, sub-county, county, unit bases and the respective Service headquarters sections.

S/No.

To Be Inspected

CheckedYes/No

Remarks

A. RECORDS, REPORTS AND RETURNS

1.

Personnel returns

2.

Stores/Equipment/ Assets returns(QM stores, Motor vehicle returns, office equipment returns etc)

3.

Incident Reports

4.

Complaints Register

5.

Occurrence book

6.

Firearms & Ammunition records·. State owned firearms. Civilian firearms

7.

Financial records

8.

Housing records

9.

Welfare records (funds, canteen, recreation records, etc)

10.

Pass leave/Leave records

11.

Duty roster/Parade State

12.

Beats and Patrol register

B. GUIDING DOCUMENTS ON WORK PROCEDURES

13.

Map of area of jurisdiction

14.

Service Charter

15.

Internal newsletter (if available), Service Brochures, Circulars

16.

Service Standing Orders

17.

Reform documents e.g. Ransley Report, Service Strategic plan, Code of conduct, customer care handbook etc

18.

Legal documents/ or statutes e.g The Constitution, NPS Act, NPSC Act, IPOA Act, Public Ethics Act, Criminal Procedure Code, Penal Code, Evidence Act, Children Act, Sexual Offences Act etc.

C. COMPLIANCE TO WORK PROCEDURES AND PERFORMANCE STANDARDS

19.

Commander Performance Contract (where applicable)

20.

Officers Performance Appraisals and individual work plans

21.

Crime trend analysis

22.

Transfer of suspects register

23.

Defaulters Register (Dismissed/AWOL)

24.

Profile of ex-security personnel resident in that jurisdiction

25.

Officers note books

26.

Minutes of internal staff meeting (last three meetings held)

27.

Minutes of statutory committee meetings e.g CPA, Security committee, court users committee, Reports on major occasions/events within the county, use of operation orders etc.

D. CAMP AND PERSONNEL HYGIENE (Line inspection)

28.

Uniform

29.

House

30.

Basic household items

31.

Standards of cleanliness (Personnel)

32.

Standards of cleanliness (Camp)

33.

Environmental Conservation

E. CONDITION OF EQUIPMENTS/ PREMISES (VISUAL OBSERVATION/ OR REVIEW OF TECHNICAL EVALUATION REPORTS)

34.

Transport (MV)

35.

Offices and furniture

36.

Communication equipment

37.

Other infrastructure (Yards, stores, Garages, Dispensary, Pump Stations, Chapels/Mosque)

F. RELATIONSHIP WITH COMMUNITY AND OTHER GOVERNMENT AGENCIES

38.

Minutes of police/community partnerships e.g. Community Policing Committee minutes, Community Policing forums reports, minutes of peace committees

39.

Letters of collaboration with other stakeholders

40.

Reports of collaboration activities with other government agencies

(A copy to be given to the in-charge of the station/unit)

(This part shall form a discussion between the inspection team and the command of the station under inspection)

Subject

Comments

1. Readiness and Co-operation of the station under inspection(i) Station/Unit alertness for duty(ii) Station/Unit readiness for inspection2. Analysis of remarks/observations under part II in summary3. Potential good practice and innovation (Management Consideration)

4. Recommendations arising from the discussion in part III (to be implemented within clear timeframes)

Commitment

I incharge of station/ unit, following inspections exercise conducted in my station on do hereby commit myself to implement the agreed recommendations within the given timeframe.

In charge of Station/ Unit Name

Signature

Date

Head of the Inspections team Name

Signature

Date

CHAPTER 45 – INTEGRITY AND ETHICS
1.

Law Enforcement Code of Conduct

A police officer shall, at all times whether on-duty or offduty conduct himself or herself with integrity and decorum in accordance with the law and the Service Code of Conduct.

2.

Ethics of Official Position

(1)

A police officer in any position shall –

(a)

use the officer’s position as sworn law enforcement officer only for the purpose of accomplishing the officer’s assigned duties of protection of people’s rights, freedoms, property, peace, stability and prosperity, and other national interests;

(b)

not use the officer’s position as a means of personal gain, personal favor, or personal influence;

(c)

not engage in any endeavor which may reasonably constitute a conflict of interest with the officer’s position as a police officer; and

(d)

not use the officer’s official position, official Certificate of Appointment for –

(i) personal or financial gain;
(ii) obtaining privileges not otherwise available to them, except in the performance of duty; or
(iii) avoiding the consequences of illegal acts.
(2)

A police officer shall properly account for, or make a prompt and true return of, any money or property received by the police officer in the course of duty.

3.

Use of outside Influence

A police officer shall not knowingly use, attempt to use, or permit the use of any outside influence to gain promotion, transfer, or change of duty for the officer or another officer.

4.

Labour activity

(1)

A police officer shall not engage in any strike, work

"speed-ups" or work "slow-downs" for the purposes of inducing, influencing, or coercing a change in conditions, compensation, rights, privileges, or obligations of employment.

(2)

A police officer shall not engage in any unauthorized failure to report for duty, willful absence from one’s position, unauthorized holidays or sickness, or the abstinence, in whole or in part, from the full, faithful, and proper performance of the duties of employment.

5.

Politics

(1)

Each Officer shall abide by the National Police Service Code of Conduct and Ethics in regard to political activities.

(2)

A public officer shall not, in or in connection with the performance of his duties—

(a)

act as an agent for, or so as to further the interest of, a political party; or

(b)

indicate support for or opposition to any political party or candidate in an election.

(3)

A public officer shall not engage in political activity that may compromise or be seen to compromise the political neutrality of his or her office.

(4)

This section does not apply to a member of the National Assembly or a Member of the County Assembly of the County Government.

6.

Bail

(1)

A police officer may stand surety or guarantor to furnish bail for the officer and members of the officer’s immediate family.

(2)

A police officer shall not stand surety or guarantor or furnish bail for any other person.

7.

Purchase from Suspect or Confidential Informant

(1)

A police officer shall not purchase anything from a suspect unless the purchase is made through an authorized outlet.

(2)

A police officer shall not knowingly, purchase anything from a person against whom the National Police Service has a criminal charge pending and in which the Officer is involved in the investigation, the prosecution as the arresting Officer or as a witness.

8.

Interference with Prosecution

(1)

Following an arrest or the issuance of summons, a police officer shall not make or negotiate any compromise or arrangement, unless cleared by his or her supervisor or the prosecutor.

(2)

A police officer shall not seek, out of friendship for the defendant, to obtain any continuance or suspended sentence in any trial in court or otherwise interfere with the courts of justice.

(3)

This section shall not be construed to restrict a police officer from arriving at mutually productive agreements with defendants with a view to developing information about criminal activity or otherwise in the furtherance of justice when cleared by his or her supervisor or the prosecutor.

9.

Recommendations, Endorsements, and Referrals

(1)

Without the approval of the Inspector-General, a police officer shall not authorize the use of his or her name, photograph, or official title, which identifies him or her as a police officer, in connection with testimonials or advertisements of any commodity or for any commercial enterprise.

(2)

Except in the transaction of personal business, a police officer shall not recommend or suggest the employment or procurement of a particular product, professional service, or commercial service.

10.

Bribes, Discounts, Gratuities, Rewards, and Gifts

(1)

The National Police Service prohibits the following–

(a)

soliciting or accepting of any privilege or gratuity, or soliciting or accepting of a gift, present, reward, or other thing of value for any service rendered as a police officer, or as a condition for the rendering of such service, or as a condition for not performing sworn duties, or that would reflect favoritism by the officer toward any particular subject, group, or business;

(b)

officers shall be extremely careful to avoid being compromised by offers of gifts, privileges or advantage intended to influence their judgment; or

(c)

to officially promote the patronage of any business establishment over another, based upon discounts or service offered by that business, unless there has been prior approval.

CHAPTER 46 – HANDLING OF CHILDREN
1.

Rights and welfare of the child

(1)

A police officer shall promote the right of every child to—

(a)

live with and to be cared for by the parents;

(b)

privacy subject to parental guidance;

(c)

education the provision of which shall be the responsibility of the government and the parents;

(d)

religious education subject to appropriate parental guidance;

(e)

health and medical care the provision of which shall be the responsibility of the parents and the government;

(f)

a name and nationality and where a child is deprived of his identity the government shall provide appropriate assistance and protection, with a view to establishing his identity;

(g)

protection from physical and psychological abuse, neglect and any other form of exploitation including sale, trafficking or abduction by any person;

(h)

leisure, play and participation in cultural and artistic activities; and

(i)

any other right provided under the law.

2.

Rights of a child who is in conflict with the law

(1)

A child shall not be subjected to torture, cruel treatment or punishment, unlawful arrest or deprivation of liberty.

(2)

Notwithstanding the provisions of any other law, a child shall not be subjected to capital punishment or to life imprisonment.

(3)

A child offender shall be separated from adults in custody.

(4)

A child who is arrested and detained shall be accorded legal and other assistance by the government as well as contact with his family.

3.

Search of children

(1)

Pat down or frisk for weapons may be done on children in the same manner as on adults:

Provided that during pat down or frisk, care shall be taken not to subject the child to psychological humiliation or torture.

(2)

When it is necessary to take a child into custody, the child shall, first be thoroughly searched.

(3)

The evidence seized in a search shall be admissible under the same rule as in a custody search of an adult.

(4)

All the garments, packages and personal effects of a child shall be recorded and their contents recorded.

4.

Interviews and Interrogation of children

(1)

All interrogations of children shall be conducted with full regard to principles of fundamental fairness and shall bestructured so as to ensure the maximum protection of the children’s constitutional rights.

(2)

Prior to conducting any interrogation, the officer shall advise the child, in a language he or she understands, of his or her rights under Article 49 of the Constitution.

(3)

The child’s physical condition, age, intelligence, educational level, prior experience with the children justice system and his or her ability to comprehend the meaning and effect of his or her statements shall be carefully evaluated in each case.

(4)

A child shall not be subjected to interrogation except in the presence of a lawyer.

5.

Notification of parent or guardian

(1)

It shall be the responsibility of the officer taking the child into custody to notify the child’s parents or guardian immediately after arrest and such notification or unsuccessful attempts at notification shall be properly documented in the arrest report.

(2)

The notification shall indicate the time and manner in which the notification was made.

(3)

The arresting officer shall ensure the notification is ultimately made, by himself or another officer to a parent or guardian even if the child is released to another adult.

(4)

The apprehending officer shall promptly inform the Children’s Centre staff if any child was transferred to the Centre before notification was made to his or her parents or guardians.

6.

Release

(1)

It shall be the obligation of the Service to release the child to a parent, guardian or other responsible adult.

(2)

A child shall not be put in immediate custody for behavior involving nuisance or mischievous acts, minor criminal conduct or statute offences unless such custody is necessary to remove the child from the situation that could cause harm to the child by the child’s own acts or the acts of others, or if the child’s behavior poses a threat to the safety and welfare of other persons or their property and a lesser alternative is not available.

7.

Custody (secure and non-secure)

(1)

If it is not in the best interest of the public or the child to immediately release the child, custody shall be requested from the Children Center if one or more of the following conditions are met—

(a)

reasonable and justifiable cause exists to believe that if the child is not held, the child may commit injury to the person or property of others or cause injury to himself or herself or be exposed to injury by others; reasonable and justifiable cause exists to believe that the parent, guardians or legal custodian of the child or other responsible adult is unavailable, unwilling or unable to provide adequate supervision and care; or

(b)

reasonable and justifiable cause exists to believe that the child may run away or be taken away so as to be unavailable for the proceedings of the court or its officers.

(2)

Secure custody in the police station may be requested if the following conditions exist—

(a)

reasonable cause exists to believe that the child has committed a delinquent act and either presents a substantial risk of physical harm to another person or a substantial risk of running away as evidenced by a previous act or attempt so as to be unavailable for a court revocation hearing;

(b)

reasonable cause exists to believe that the child is a fugitive from another country or has run away from a secured correctional facility and there has been no reasonable opportunity to return the child;

(c)

the child consents in writing to being held in order to protect the child from imminent physical harm from another person and such secured custody is ordered by the Judge in a protective Order; or

(d)

probable cause exists to believe that the child, having been placed in non-secured custody by an intake work or by Judge or children’s court Commissioner, has run away or committed a delinquent act and no other suitable alternative exists.

8.

Transporting children

(1)

A child prisoner shall not be transported with an adult, unless the adult is an accomplice, a guardian, or a relative of the child.

(2)

A child prisoner shall not be transported with an adult prisoner under any circumstances.

9.

Children records

(1)

Records of children who are or may be delinquent or who may be engaged in criminal acts shall be kept separate from records of adults.

(2)

Children records are private data and may only be disseminated—

(a)

to the child or the child’s parent or legal guardian unless disclosure of a record would interfere with an ongoing investigation; or

(b)

by order of the children court or any other competent court.

(3)

For purpose of identification, the only personal information relating to a child that may be released is the child’s age and sex.

10.

Authorized use of children photographs

(1)

Photographs of children may be used only for institution management purposes, case supervision by probation agents and to assist law enforcement agencies to apprehend children offenders.

(2)

Children photographs shall not be distributed to the public unless the criminal proceeding or complaints are available to the public and the child is sixteen years of age or older.

CHAPTER 47 – LAWFUL USE OF FORCE AND FIREARMS
1.

Lawful use of force

(1)

Lawful use of force may be applied –

(a)

to protect the officer or others from what is reasonably believed to be a threat of death or serious bodily harm;

(b)

to protect life and property;

(c)

to prevent a person who attempts to rescue or rescues a person charged with a felony from escaping lawful custody; or

(d)

to suppress or disperse a riotous mob committing or attempting to commit serious offences against life or property.

(2)

Firearms shall not be discharged when it is likely to injure an innocent person.

2.

Restrictions on lawful use of force

(1)

Police officers are restricted on use of force except under the following circumstances–

(a)

to destroy an animal that presents a threat to public safety or as a humanitarian measure where the animal is seriously injured, when the officer reasonably believes that force can be used without harm to the officer or others;

(b)

as warning shots if a police officer is authorized to use force and only if the officer reasonably believes a warning shot can be fired safely in light of all circumstances of the encounter;

(c)

to effect the arrest of a person wanted for a serious crime of violence, when he or she is trying to escape and there are no other means of preventing his or her escape:

Provided that—

(i) the police officer must have seen the wanted person committing a serious crime of violence or have a very good reason to believe that he or she has done so.
(ii) it would be unlawful to shoot at a person escaping, who has committed a petty offence, the police officer may only shoot if the person is wanted for a serious crime of violence.
(iii) if a policeman shoots at a person whom he or she truly believes committed a crime of violence, although he or she did not actually see the offence, he or she will probably be required to satisfy the court, and certainly his or her superior officer, that he or she acted properly in firing; or
(d) to immobilize a suspect in order to enable his or her arrest rather than to kill him or her.
(2)

In decisions to discharge a firearm at or from a moving vehicle shall be governed by this use-of force policy and are prohibited if they present an unreasonable risk to the officer or others.

(3)

A police officer may be compelled to use his or her firearm if he or she cannot, in any way, with the other means available to him, carry out his or her duty of protecting life, suppressing rioters or effecting the arrests preventing the rescue or escape mentioned above.

However well a police officer justified, he or she may consider himself or herself to be in firing, the act, whether it results to loss of life or otherwise, must become the subject of legal investigation. He or she must, therefore, be prepared to prove that he or she acted with humanity, caution and prudence, and that he or she was compelled by necessity alone to have recourse to firearms.

3.

Restriction on the Use of Force

A police officer shall attempt to use non-violent means first and force may only be employed when non-violent means are ineffective or without any promise of achieving the intended result.

4.

Proportionality

The force shall be proportional to the objective to be achieved, the seriousness of the offence and the resistance of the person against whom it is used and the extent necessary while adhering to the provisions of the law and the Standing Orders.

5.

Injuries

(1)

When the use of force results in injuries, the police officers present shall─

(a)

provide medical assistance immediately and unless there are good reasons, failing to do so shall be a criminal offence; and

(b)

notify relatives or close friends of the injured or affected persons

6.

Requirement to Report

A police officer who uses any form of force shall immediately, report to the officers’ superior explaining the circumstances that necessitated the use of force and the supervisor shall judge the rightfulness and decide on the next step subject to the regulations.

7.

Death, Serious Injuries and other grave Consequences

Any use of force that leads to death, serious injury and other grave consequences shall be reported immediately by the Officer-in-Charge to another direct superior of the person who caused the death or injury, and to the Independent Police Oversight Authority who shall investigate the case.

8.

Authority to investigate

The Inspector-General shall not be precluded by virtue of paragraph (6) from conducting investigations into the matter.

9.

Reporting to Independent Police Oversight Authority

A police officer who makes a report to the Independent Police Oversight Authority in accordance with paragraph (6) shall–

(a)

secure the scene of the act for purposes of investigations; and

(b)

notify the next of kin, their relative or friend of the death or injury as soon as reasonably practical.

10.

Failing to Report

A police officer who fails to report the use of force in accordance with the Sixth Schedule to the National Police Service Act (Cap. 84) shall be liable to disciplinary action.

11.

Preservation of Evidence

A police officer shall not tamper or otherwise damage any evidence from the scene of an act and any weapon used under circumstances set out in this Order shall be immediately secured and not cleaned or oiled in anyway.

12.

Name Tag

A police officer in uniform shall at all-time affix a name tag or identifiable Service number in a clearly visible part of the uniform as provided in the Dress Code Regulation Order.

13.

Purpose of using firearms

Firearms may only be used when less extreme means are inadequate and for the following purposes—

(a)

saving or protecting the life of the officer or other person; and

(b)

in self-defense or in defense of other person against imminent threat of life or serious injury.

14.

Exceptions to Using Firearms without Prior Warning

A police officer intending to use firearms shall identify himself or herself and give clear warning of his or her intention to use firearms, with sufficient time for the warning to be observed, except—

(a)

where doing so would place the officer or other person at risk of death or serious harm; or

(b)

if it would be clearly inappropriate or pointless in the circumstances.

15.

Restriction on the Use of Firearms

A police officer shall make effort to avoid the use of firearms, especially against children.

16.

Regulations to be made on Firearms

The Cabinet Secretary in consultation with the Inspector-General shall make further regulations on the use of firearms which shall include regulations—

(a)

that specify the circumstances under which police may carry firearms and the type of firearms and ammunition permitted;

(b)

that prohibit firearms and ammunition that cause unwarranted injury or present unwarranted risk;

(c)

to regulate the control, storage and issuing of firearms, including procedures that ensure that officers are accountable for the weapons and ammunition issued to them;

(d)

for the selection, training and testing of officers authorized to carry firearms including techniques that could diffuse tension and reduce the likelihood of the need to use force in order to ensure that firearms are used appropriately and with the least risk of causing unnecessary harm;

(e)

to provide for testing of officers carrying fire arms at regular intervals, but at least once a year;

(f)

to provide for consequences of failing the test referred to under paragraph (d) and (e) which shall include that failing to pass the test shall result in losing the right to carry fire arms until the officer does pass the test; and

(g)

provide for a reporting system whenever officials use firearms in the performance of their duty.

17.

Responsibilities for care and maintenance

(1)

When a weapon has been fired during operational duty, whether a person has been injured or not, it shall be immediately secured and not cleaned or oiled or in any way interfered with.

(2)

The weapon referred to in paragraph(1) shall be protected against any alteration, damage or dis-assembly and stored in that condition until any Internal Affairs Unit or Independent Policing Oversight Authority investigation into the matter has been completed.

CHAPTER 48 – LEAVE
1.

Leave regulations

The regulations governing leave and passages are contained in the Human Resource Policy and Procedures Manual for the Public Service and Personnel Circulars issued from time to time and these Order shall not be construed as intended to over-ride or nullify any Government regulations.

2.

Categories of leave

(1)

Annual leave—

(a)

shall not be accumulative and shall be taken at any time during the calendar year;

(b)

shall constitute a number of paid annual hours at the end of each month, depending on the employee’s length of employment and the number of hours worked each month;

(c)

for officers stationed in designated hardship areas—

(i) may be granted in two portions and each portion shall be taken once every period of six months, from the 1st July to the 30th December and from the 1st January to the 30th June; and
(ii) where a police officer takes not less than half of his or her annual leave entitlement once every period of six months, shall be granted, in addition to his leave, traveling time of three days each way and normal traveling privileges.
(2)

Sick leave shall be granted on medical recommendation when a police officer is absent from duty on account of illness.

(3)

Convalescent leave shall be granted for recuperative purposes immediately following an illness.

(4)

Bereavement leave shall be granted to a police officer—

(a)

for five days administrative leave for deaths occurring in the family;

(b)

for purposes of bereavement leave, ‘family’ means a spouse, child, parent, sibling, grandparent or grandchild of the officer and that of the officer’s spouse’s family;

(5)

Maternity leave—

(a)

shall be granted-

(i) to a woman police officer who has given birth;
(ii) for a period of ninety calendar days exclusive of annual leave due for that year is granted to the officer;
(b)

application shall be submitted to the head of department at least one month before the expected date of such leave and supported by a medical certificate indicating the date on which maternity leave shall commence; and

(c)

extension beyond the prescribed period of ninety working days shall be regarded as unpaid leave.

(6)

Paternity leave shall be granted to a male police officer for ten calendar days during the period of the spouse’s maternity leave.

(7)

Compassionate leave shall be granted to a police officer, who has exhausted his annual leave entitlement for up to five working days in a calendar year on compassionate grounds.

(8)

Leave for special purposes shall be granted with pay on specific occasions, including, religious festivities or in any unusual circumstances.

(9)

Unpaid leave shall be granted by the Inspector General in consultation with the Commission for the purpose of retaining continuity of service-

(a)

on the following grounds—

(i) urgent private affairs of exceptional hardship not exceeding thirty days;
(ii) officers whose spouses are posted to foreign missions during the term of the tour; and
(iii) for purposes of transfer of service for a period not exceeding three years incase of secondment.
(b)

shall not be increment-earning; and

(c)

shall not be treated as leave granted for pension purposes and the period involved shall accordingly not be pension-earning.

(10)

Special leave for sportsmen—

(a)

shall be granted to a police officer who is selected to represent Kenya in National, Regional or International games shall be granted special leave with full salary for the necessary period of his training and subsequent participation in sports; and

(b)

shall not be counted against annual leave entitlement and shall be authorized by the Authorized Officer or Head of Department to the Ministry in which the sportsman is employed, in consultation with the Authorized Officer or Head of Department to the Ministry responsible for sports.

(11)

Leave pending retirement shall be granted to a police officer—

(a)

who has not availed himself for the annual leave due for the year in which the officer’s employment ceases shall be entitled to annual leave on pro-rata basis and the annual leave may be carried forward from the previous leave year; and

(b)

who is due for retirement shall be entitled in addition to his annual leave, thirty days leave pending retirement and it shall be taken thirty days preceding retirement and shall neither be commuted for cash nor shall the officer qualify for additional leave allowance.

3.

Application for leave

(1)

An application for leave by Gazetted Officers and members of inspectorate shall be received by the authority granting such leave at least fifteen days before the date on which the officer wishes to proceed on leave.

(2)

The application shall contain the following details–

(a)

personal number, rank and name of officer;

(b)

county, sub-county, station, formation;

(c)

type of leave and amount required;

(d)

address at which leave shall be spent, including details of the nearest police station;

(e)

details of last leave taken; and

(f)

relief arrangements.

(3)

County, Formation or Unit Commanders are authorized to grant annual leave to Gazetted Officers and members of Inspectorate, including civilian staff of equivalent status, serving in their Command.

(4)

Notification of such approval under paragraph (3) shall, however, be sent together with the casualty or personnel returns to respective Service Headquarters.

(5)

Sub-County Commanders may approve leave applications originating from officers of other ranks including civilian staff serving in their Command.

(6)

Leave application by County or Formation Commanders and their deputies and any other officer of or above the rank of Senior Superintendent shall be forwarded, in letter head form, to the respective Service Headquarters as shall be directed by the National Police Service Commission.

4.

Leave not usually granted at Christmas

(1)

Leave shall not be granted between the 10th December, and the 4th January, except in exceptional circumstances, or on medical grounds.

(2)

All requests for leave during this period shall be referred to the respective Service Headquarters giving detailed reasons as to why it was not taken earlier.

5.

Leave entitlement

(1)

Officers shall be eligible for annual leave as follows –

(a)

Gazetted Officers and members of Inspectorate, thirty-six working days each year; and

(b)

Junior officers, thirty working days each year.

(2)

Subject to paragraph 4 above and exigencies of the service, a police officer may be granted leave any time after the 4th January.

(3)

Despite, h (2) if a police officer is not returning for further service for a minimum of 3 months, the officer shall not be eligible for such leave.

(4)

Newly appointed officers shall complete at least three months service before they qualify for an annual leave.

6.

Conditions applicable to annual leave

(1)

Subject to the exigencies of service, officers shall be permitted to take such leave as and when and in such amounts as they wish.

(2)

An officer may carry forward not more than a half of the officer’s annual leave to the next year provided that such leave shall be fully exhausted during the year to which it is carried forward.

(3)

Leave roasters shall be prepared as follows by the 15th January, of each year –

(a)

by Station or Unit Commander in respect of all other ranks, including specialists and civilians who are serving in the Station or Unit and a copy of the roster shall be sent to the Sub-County Commander;

(b)

by Sub-County or Formation Commanders in respect of all members of the Inspectorate, including specialists and civilians of equivalent status who are serving in the Formation or Sub-County and a copy of the roaster shall be sent to County or Formation Commander and County Head in case of specialist or civilian staff;

(c)

by County or Formation Commanders in respect of all Gazetted Officers including specialists and civilians of equivalent status who are serving in their Command and a copy of the roster shall be sent to respective Service Headquarters and Departmental Heads in case of specialist and civilian police officers.

7.

Termination of Appointment

(1)

A police officer whose appointment is terminated by the Commission within three months of his or her return from annual leave shall not be required to refund the leave salary drawn during such leave.

(2)

A police officer who resigns his or her appointment at the end of a calendar year shall not be called upon to refund any leave salary drawn within the last three months of that year.

8.

Special privileges for officers serving in designated hardship areas

(1)

Officers stationed in the under mentioned areas may apply for annual leave in two portions–

(a)

Wajir;

(b)

Garissa;

(c)

Isiolo;

(d)

Lamu;

(e)

Marsabit;

(f)

Samburu;

(g)

Tana River;

(h)

Turkana;

(i)

West Pokot;

(j)

Baringo; or

(k)

Mandera;

(2)

The Officers referred to under h (1) shall be granted, in addition to their annual leave–

(a)

travelling time of three days each way in addition to their leave; and

(b)

free return transport and luggage allowance in accordance with Personnel Circular No.1 of 1st February 1973.

(3)

The privileges under h (2) shall be granted once every period of six months provided that on each occasion the officer takes not less than ten days leave.

9.

Leave to be taken on 1st or 15th of every month

Where possible, in the case of junior officers, leave may date from the 1st or 15th day of a month, in accordance with instructions referred to in paragraph 1 of this Chapter.

10.

Leave on medical ground

(1)

The grant of leave on medical grounds shall be governed by the Code of Regulations.

(2)

Officers serving on permanent and pensionable establishment and officers serving on agreement terms shall be eligible for local sick or convalescent leave up to three months on full pay and three months on half pay in a leave year; between the 1st July, and the 30th. June.

11.

Failure to return from leave on due date

Private affairs or sickness may not constitute an excuse for overstaying on leave unless the sickness is certified by a medical officer or reported to the nearest police station or post.

12.

Leave Travel Allowances

An officer is entitled to leave travel allowance to cater for the officer’s and the officer’s family travel expenses payable through the payslip on an officer’s yearly incremental date, whether the officer proceeds on leave or not within that year.

13.

Officers required to attend Court

(1)

Before granting leave to an officer, County or Sub-County Commanders shall confirm that the officer is not immediately required as witness in court or disciplinary proceedings.

(2)

Officers who are on leave and who are summoned to attend Court during the period of their leave shall be commensurately compensated the travel costs incurred and leave days lost while attending court.

14.

Uniform not to be worn on leave

An officer on leave shall not dress in official police uniforms except with the specific permission of the respective Deputy Inspectors-General.

15.

Duty to inform County Governors

A County Commander shall inform the respective County Governor before proceeding on leave.

16.

Reporting

As good practice when on leave, officers may notify the police station closest to the officer’s home.

CHAPTER 49 – POLICE LINES
1.

Designated police officers.

(1)

Only designated police officers including the Officer-in-Charge are required to stay in Police Lines and shall be given priority for any available accommodation.

2.

(1) Where appropriate and ordered by County, Formation or Unit Commander routine bugle calls shall be sounded as follows–

(a)

Reveille…………………….6.00 a.m;

(b)

Retreat……………………..6.00 p.m;

(c)

First Post…………………...8.30 p.m;

(d)

Last Post……………………9.00 p.m; and

(e)

Lights out…………………..10.00 p.m.

(2)

Bugle calls other than “Alarm” and the “Fire Alarm” shall not be sounded between “Lights Outs” and “Reveille”.

3.

“Alarm” and “Fire Alarm” orders.

(1)

The sub-county commander shall compile and include in local standing order books, Alarm Orders for their respective subcounties.

(2)

The Alarm Orders may be informed by detailed orders issued by station or post commanders, which shall be approved by the subcounty commander.

(3)

The Alarm Orders and detailed orders issued by Station or Post Commanders shall include places of assembly and individual and general duties in the event of an alarm.

(4)

The orders shall be regularly and clearly communicated to officers of all cadres.

(5)

The officer-in-charge may carry out frequent alarm practices especially at night.

4.

Instruction in use of appliances.

(1)

The Officer in Charge shall issue Fire Alarm Orders including instructions on the use of available appliances and the location of electrical main switches.

(2)

Practices of fire alarms and drills shall be carried out regularly.

(3)

A copy of local fire alarm orders in English and Kiswahili shall be displayed in conspicuous places in all police stations, posts and lines.

(4)

All fire-fighting appliances shall be checked regularly to ensure they are in good working condition and optimal efficiency.

5.

Fatigues

(1)

Fatigues shall be performed to maintain police stations, police lines, camps, units, training institutions and other police premises and their surroundings in a clean and orderly condition.

(2)

Fatigues shall be performed only within the precincts of police buildings and may not be performed in public places.

(3)

A police officer shall not be called upon to perform manual labor in connection with road-making, building operations and other manual work which necessitates their appearance in public in the capacity of laborers.

(4)

County Commander, Sub-County Commander or Unit Commander may issue standing orders to give further effect to this Order.

6.

Unauthorized persons not allowed in lines.

(1)

An unauthorized person shall not be allowed in Police Lines.

(2)

An officer wishing to bring relatives or friends into the lines shall obtain written permission from the Orderly Non-Commissioned Officer (In-Charge Lines and Discipline) and shall be registered.

7.

Reporting when leaving and returning to lines

(1)

A police officer who is off duty and not required for standby may leave the lines at any time, provided they book their departure, destination, expected time of return and actual return in the Occurrence Book.

(2)

Details of officers who have left the Police Lines shall be brought to the attention of the Orderly Non-Commissioned officers.

8.

Responsibilities for cleanliness of quarters

(1)

A police officer shall be responsible for the good order and cleanliness of the officers’ quarters and its vicinity.

(2)

Latrines shall be cleaned daily and disinfectants shall be used, but disinfectant shall not be placed in cesspits.

9.

Soakage pit

(1)

Stagnant water shall not be allowed to collect in the vicinity of Police lines or building.

(2)

Where necessary to prevent water from collecting under standpipes, a soakage pit of about 3ft. deep and 18 inches in diameter and filled with small clean stones may be made and the stones may be replaced when fouled.

10.

Cooking in Kitchens

(1)

All cooking shall be done in designated kitchen constructed for that purpose and where a kitchen does not exist, the Officer in Charge shall issue standing orders detailing cooking arrangements for officers.

(2)

Fires shall not be lit in police quarters or police lines except in exceptional circumstances.

11.

Economy in use of water and electricity.

A police officer shall exercise maximum economy in the use water and electricity.

12.

Pets and poultry

A police officer shall not keep pets and poultry in the police lines.

13.

Inspections of Police Lines

Regular inspection of police lines shall be conducted in accordance with the Inspections Orders.

14.

Entitlement to one house

A police officer may not be issued with more than one Police Line or house within police premises.

[L.N. 208/2020, s. 12.]

CHAPTER 50 – ORDERS, DECORATIONS AND MEDALS
1.

The precedence for wearing of orders, decorations and medals

The precedence for wearing of orders, decorations and medals shall be in the following manner–

(a)

the Order of the Golden Heart of Kenya;

(b)

the Uhodari Medal;

(c)

the Order of the Burning Spear;

(d)

the Distinguished Conduct Order;

(e)

the Distinguished Service Medal;

(f)

the Order of Grand Warrior of Kenya;

(g)

the Silver Star of Kenya;

(h)

the Campaign Medal (North Eastern Kenya);

(i)

the Long Service and Good Conduct Medal;

(j)

the Tenth Anniversary Commemorative Medal;

(k)

the Commemorative Medal;

(l)

the Presidential Installation Medal;

(m)

the Twentieth Anniversary Commemorative Medal;

(n)

the Tenth Nyayo Era Commemorative Medal;

(o)

the Twenty fifth Anniversary Commemorative Medal;

(p)

the Head of State Commendation;

(q)

the Knight of the Grace of the Order of St. John;

(r)

the Commander Brother of the Order of St. John;

(s)

the Serving Brother of the Order of St. John Medal;

(t)

the Office Brother of the order of St. John; and

(u)

the St. John Ambulance Long Service Medal.

2.

The Order of the Golden Heart of Kenya

(1)

The Order of the Golden heart of Kenya shall be divided into three Classes−

(a)

the first class known as the order of the C.G.H

(b)

the second class known as order of EGH; and

(c)

the third Class known as order of MGH .

(2)

The order of the C.G.H shall be−

(a)

in gold a lion against a background of Mount Kenya, surrounded by the rays of the sun, suspended by a golden chain whose links are charged with a lion;

(b)

awarded to—

(i) Kenya Nationals for most conspicuous, outstanding and exceptional services to the Republic of Kenya; and
(ii) foreign nationals who are Heads of States only.
(3)

The holder of the order of the C.G.H shall be entitled to the addition of the title Chief of the Order of the Golden Heart of Kenya (C.G.H.) after their name and membership by Kenya Nationals is limited to 75 persons.

(4)

The order of the C.G.H may be worn−

(a)

formally on the breast suspended from the chain, which shall be worn around the neck; or

(b)

informally−

(i) if in civilian clothes, the button of the Order shall be worn in the lapel button hole of the jacket;
(ii) if in uniform, a piece of the riband of the Order one and one quarter inches long and 3/8 of an inch wide shall be worn on the left breast.
(5)

The order of the E.G.H shall be−

(a)

in gold a cockerel holding an axe against a background of Mount Kenya, surrounded by the rays of the sun, suspended by a golden chain whose links are charged with a lion;

(b)

awarded to—

(i) Kenya nationals who have rendered most conspicuous and outstanding service to the Republic of Kenya including Cabinet Secretaries, members of the Kenya Defense Forces of or above the rank of full General, the Chief Justice, and the Head of the Civil Service; and
(ii) foreign nationals who are prime ministers and senior ministers
(6)

A holder of the Order of the E.G.H shall be entitled to the addition of the title ‘Elder of the Order of the Golden Heart of Kenya (E.G H)’ after their name and membership by Kenya Nationals is limited to 150 persons.

(7)

The Order of the M.G.H shall be−

(a)

in two spears crossed behind a shield against a background of Mount Kenya, surrounded by the rays of the sun, suspended by a golden chain whose links are charged with a lion;

(b)

awarded to—

(i) Kenya Nationals including officers of the armed services of or above the rank of Major-General, the Inspector-General, Officer-in-Charge of Prisons, Service Commanders, Senior Principal Public Dignitaries, Distinguished public officers and members of the professions, heads of commercial and industrial concerns, benefactors of the Republic of Kenya for most distinguished services to the Republic of Kenya; and
(ii) foreign nationals, other Ministers and very important person(s) of similar standing, Ambassadors and High Commissioners.
(8)

A holder of the order of the M.G.H shall be entitled to the addition title Moran of the Order of the Golden Heart of Kenya (M.G.H) after their name and membership by Kenya Nationals is limited to 200 persons.

(9)

The order of the E.G.H and the M.G.H may be worn in the same manner as the First Class order of the C.G.H, with the exception that there is no button hole for wear on civilian clothes on informal occasions.

(10)

A person may not simultaneously be a holder of more than one Class of the Order.

(11)

A member of a Lower Class who is promoted to membership of a Higher Class shall surrender the emblems of the Lower Class to the Office of the President.

(12)

The names of those on whom the President confers membership of any of the three Classes of the Order shall be published in the Kenya Gazette and a register shall be kept in the Office of the President.

(13)

The President may by notice in the Kenya Gazette, annul, and restore restore after such revocation the award of any Class of the Order.

3.

The Uhodari Medal

(1)

The Uhodari medal shall−

(a)

consist of a bronze starred cross and all officers and junior officers of

(b)

the Police Service shall be eligible for this award;

(c)

be worn on the left breasts pendant from its riband; and

(d)

entitle the recipient to the additional letters "U.M." after his name.

(2)

The Uhodari medal shall be conferred for−

(a)

the most conspicuous bravery;

(b)

some daring and prominent act of valor or self-sacrifice; or

(c)

extreme devotion to duty, involving imminent danger of death to the officer, and the award shall be conferred as soon as is convenient after the performance of such acts.

(3)

The Uhodari medal may be conferred posthumously.

(4)

A foreign police officer of any rank who has been associated with the National Police Service shall be eligible for the conferment of the Uhodari medal.

(5)

A police officer who having been awarded this medal, subsequently performs an approved act of gallantry which, if he or she had not already received the medal, would have rendered himself or herself eligible for it shall be awarded a Bar to be attached to the ribbon by which the medal is suspended and for every additional act such an additional Bar may be added, and when the riband only is worn, the possession of each bar to the medal will be signified by the wearing of a miniature silver bar upon the said riband.

(6)

The President may, by notice in the Gazette, revoke and restore after such revocation the award of the Uhodari Medal.

4.

Order of the burning spear

(1)

The Order of the burning Spear shall be divided into three–

(a)

the first class known as the order of the C.B.S;

(b)

the second class known as order of E.B.S; and

(c)

the third Class known as order of M.B.S.

(2)

The Order of the C.B.S shall−

(a)

consist of a badge in the form of a sixteen-pointed Silver Star pendant from a sash of the Riband of the Order, the badge charged with two spears crossed on red field;

(b)

be worn on the left breast;

(c)

be awarded to principal public dignitaries, distinguished members of the public service and professionals, heads of large commercial and industrial concerns, distinguished benefactors of the Republic, Officers of the Service of or above the rank of Major-General, for distinguished services to the Republic.

(3)

A holder of the order of the C.B.S shall be entitled to the addition of title Chief of the Order of the Burning Spear (C.B.S) after their names and the total membership shall be limited to one hundred persons.

(4)

The order of the C.B.S may be worn−

(a)

if formally,the sash of the Order shall be worn over the left shoulder with the badge of the Order pendant from it about the right hip, and the Start of the Order shall be worn low on the left breast, with the centre of the Order about six inches above the waist; or

(b)

if informally, and in uniform, a piece of the riband of the Order one and one quarter inches long and 3/8 of an inch wide shall be worn on the left breast.

(5)

The order of the E.B.S shall−

(a)

consist of a sixteen-pointed silver star charged with two arrows and an upright spear crossed on a red field;

(b)

be worn on the left breast;

(c)

be awarded to dignitaries of the Republic who, although they have rendered services to the Republic as for Class I of the Order have not done so to the same extent and degree, and officers of Brigadier and Colonel or equivalent ranks for distinguished services to the Republic.

(6)

A holder of the order of the E.B.S shall be entitled to the addition of the title Elder of the Order of the Burning Spear (E.B.S.) after their names and the total membership will be limited to two hundred persons.

(7)

The order of the E.B.S may be worn−

(a)

if formally, the Star of the Order shall be worn low on the left breast with the centre of the Order about six inches above the waist; or

(b)

if informally, and in uniform, a piece of the riband of the Order one and one quarter inches long and 3/8 of an inch wide shall be worn on the left breast.

(8)

The Order of the M.B.S shall−

(a)

consist of a sixteen-pointed silver star charged with two semis and an upright spear crossed on a red field, pendant from a collar of the riband of the Order;

(b)

be awarded to other public figures not included in the First and Second Classes of the Order, and Officers of the Services of the rank of Lieutenant Colonel or equivalent rank, for distinguished services to the Republic.

(9)

A holder of order of the M.B.S shall be entitled to the addition of the letters Moran of the Order of the Burning Spear (M.B.S) after their names and the total membership shall be limited to four hundred persons.

(10)

The Order of the M.B.S shall be worn−

(a)

if formally, centrally on the breast suspended from the riband of the Order, which shall be worn round the neck, the riband to be of such length that the Order hang just below the knot of the tie;

(b)

if informally, and in uniform, a piece of the riband of the Order one and one quarter inches long and 3/8 of an inch wide shall be worn on the left breast.

(11)

A foreign national may be made members of any Class of the Order.

(12)

A person may not simultaneously be a member of more than one Class of the Order.

(13)

A member of a Lower Class promoted to membership of a Higher Class shall surrender the emblems of the Lower Class to the Office of the President.

(14)

The names of those upon whom the President confers membership of any of the three classes of the Order shall be published in the Kenya Gazette, and a register kept in the Office of the President.

(15)

The President may, by notice in the Kenya Gazette, revoke, and restore after such revocation, the award of any class of the Order.

5.

Distinguish Service Medal

(1)

The Distinguished Service Medal shallconsist of a silver medal in the form of crossed shields, with a silver cockerel with an axe in the middle; and

(a)

be awarded for distinguished service in the Police Service, or for acts or valour or devotion to duty to—

(i) all Officers and junior officers of the Police Service;
(ii) a foreign Officer of any rank, who has been associated with the Police Service;
(b)

be worn on the left breast pendant from a riband.

(2)

The Distinguished Service Medal may not be awarded posthumously.

(3)

A person who having been awarded the Distinguished Service Medal subsequently performs an act or renders service which, if he had not already received the Medal, would have rendered the person eligible for the conferment of the Medal shall be awarded a Bar to be attached on the riband by which the Decoration is suspended, and for every additional such act or service an additional Bar may be adde and when the riband only is worn, the possession of each Bar to the Decoration shall be signified by the wearing of a miniature silver bar upon the said riband.

(4)

The award of the Distinguished Service Medal entitles the recipient to the addition of the letters D.S.M after his name.

(5)

The award of the Distinguished Service Medal other than for specific acts of gallantry shall be conferred twice a year on Madaraka Day and Jamhuri Day but awards for the Decoration for specific acts of gallantry will be made as soon as it is convenient after the performance of such acts.

(6)

The President may by notice in the Kenya Gazette, revoke or restore after such revokation, the award of the Distinguished Service Medal.

6.

Long Service and good Conduct Medal

(1)

The Long Service and Good Conduct Medal shall−

(a)

consist of a cupro-nickel shield with a cockerel and axe in the middle;

(b)

be awarded to members of the Police Service who have maintained an irreproachable character for sixteen years of service below a gazetted rank; and

(c)

be worn on the left breast suspended by its riband.

(2)

A Bar to the medal shall be awarded for a further period of nine years of service with irreproachable character, and a second Bar shall be awarded for a further period of five years of service with irreproachable conduct.

(3)

The Inspector-General shall approve the conferment of the Long Service and Good Conduct Medal in respect of the Police Service and shall publish the awards in the Service Administrative Orders.

(4)

The President may, by notice in the Gazette, revoke and restore after such revocation the award of the Long Service and Good Conduct Medal.

7.

Head of State's Commendation

(1)

The Head of State’s Commendation (Military division)−

(a)

may be conferred on any police officer in the Kenya Police Service for services rendered in the course of their official duties;

(b)

is signified by a small silver shield and crossed spears, similar to those borne on the Presidential Standard; and

(c)

shall be worn on a riband of plain black, one and one quarter inches long and three eighths of an inch wide.

(2)

The Head of State’s Commendation (Civil division)−

(a)

may be conferred on any person, including members of the Kenya Police Service for services rendered in a civilian capacity;

(b)

is signified by a small bronze shield and crossed spears worn on a riband of black; and

(c)

shall be worn on a riband of black as specified under sub paragraph (1) (c).

(3)

The Head of State’s Commendation may be awarded posthumously and shall be awarded for−

(a)

distinguished service, or for;

(b)

acts of valour; and

(c)

devotion to duty not qualifying for the award of Decoration.

(4)

A foreign Officer of any rank who has been associated with the National Police Service shall be eligible for award of the Military division commendation and other foreign nationals for the award of the Civil division commendation.

(5)

The holder of the Head of State’s commendations of one division shall wear only one emblem on any one riband and not more than one black riband shall be worn, and a holder of a Commendation in both divisions shall wear both emblems on one black riband, unless he or she holds a Campaign Medal appropriate to the award in the Military division, Head of State’s Commendation.

(6)

The award of the Head of State’s commendations for specific acts of gallantry shall be made as soon as convenient after the performance of such acts, otherwise will be made twice yearly on Jamhuri day and Madaraka Day.

(7)

The President may, by notice in the Gazette, revoke and restore after such revocation the award of the Head of State’s commendation.

(8)

The Head of States Commendation when awarded to anyone who does not hold an appropriate Campaign Medal on which to wear it, shall be worn as follows–

(a)

when Orders, Decorations and medals are worn on a black riband immediately below the center of the Medals, or if no Decorations or Medals are held, the Head of States Commendation shall be worn on the left breast in the center of and immediately above the breast pocket; or

(b)

when in uniform when only the rihands are worn, the emblem shall be worn on a black riband immediately on the left of all other ribands, or when no other riband are held on the left breast in the center of, and immediately above the breast pocket.

8.

Wearing of other Kenya decorations and medal

All other Kenya Decorations and Medals shall be worn−

(a)

if formally, from their ribands on the left breast, and in the order of precedence, with the senior Decorations or Mea1 nearest the center of the front of the body; or

(b)

if informally, pieces of ribands, each one and one quarter inches long and three eighths of an inch wide, shall be worn on the left breast in order of precedence with senior Order, Decoration, and medal nearest to the centre of the body, and the ribands shall be fixed’ to a bar or bars of appropriate length.

9.

Foreign orders, decorations and medals

A foreign orders, decorations and medals shall only be worn as described below–

(a)

a foreign Order, Decoration or Medal awarded after the 11th December 1963 shall not be worn without the written permission of the Office of the President;

(b)

subject to h (c), foreign Orders, Decorations and medal shall be worn in precedence after all Kenya users’ decorations and Medals in the order in which they were awarded;

(c)

British Orders and medals awarded before 12th December 1963 shall be worn in precedence after the Kenya orders, Decorations, and medals but in position in regard to each other as they were worn before the 12th December 1963.

10.

The National Police Merit Badge

(1)

The National Police Merit Badge may be awarded to junior officers of the service, including members of the National Police Reserve.

(2)

To be eligible for the Badge, personnel compliance shall include−

(a)

meritorious service over a period of ten years; and

(b)

performance of an exceptionally meritorious act.

(3)

All awards of the National Police Merit Badge shall be accompanied by a certificate signed by the Inspector-General or by a Senior Officer at the Service headquarters on his behalf.

(4)

The Badge shall be worn on the left breast beneath any medal ribbons which the recipient may possess and when medals are worn the Badge shall be worn one inch below the medals and a blue patch inserted beneath the Badge when khaki dress is worn.

(5)

Recommendation for the award of the Badge—

(a)

under paragraph 11(2)(a) for meritorious service shall be submitted by County police officers and formation Commanders to the Service Headquarters, as soon as possible after the exceptionally meritorious act; or

(b)

under paragraph 11(2)(b) for performance of an exceptionally meritorious act shall be submitted by County police officers and formation commanders to service headquarters, as soon as possible after the performance of the exceptionally meritorious act.

11.

Wearing of medal and decorations.

(1)

Medals and decorations shall be worn by all ranks on all occasions when full dress or ceremonial order is worn, and on kit inspections.

(2)

Ribbons shall be worn on all other orders of dress except the shirt.

12.

Length of the Medal Ribbons when Medals are worn.

The Length of the Medal Ribbons when Medals are worn shall be−

(a)

when medals and decorations are worn, the ribbon shall be 11/4 in length and when two or more medals are worn they shall be arranged so that the lower edges (or lower points of stars) are in line;

(b)

medals shall be properly mounted on a separate and special bar and not attached untidily to the bar used when wearing the ribbon only, nor shall medals be stitched or pinned by the ribbon to the jacket, further;

(c)

medals and decorations shall be polished and cleaned before being worn.

13.

Miniature medals.

(1)

Gazetted Officers’ wearing mess dress shall wear miniatures of orders, medals and decorations on the left lapel of the jacket in one horizontal line one inch below the point of the shoulders, suspended from a bar of which no part is to be seen.

(2)

Collar badges shall be placed ¾ in below the medals.

14.

Ribbons.

(1)

Ribbons─

(a)

worn without decorations and medals, shall be 3/8 in depth and shall be placed centrally over the left breast pocket button of the tunic immediately above the flap of the breast pocket; and

(b)

shall be worn in the order of precedence contained in paragraph 9.

(2)

The number of ribbons to be worn in one row shall governed by the physique of the individual and the type of garment and subject to the conditions which include−

(a)

not to fully obscured ribbons by the lapel of the garment;

(b)

as many ribbons as convenient shall be accommodated in a row before another row is started; and

(c)

rows or portions thereof shall be placed centrally above the first or other complete rows.

15.

Application on wearing medaals.

Where an officer is uncertain as to the proper order in which their medals should be worn, and no provision is made in these instructions to cover their case, an application shall be made, through the usual laid out procedure.

16.

Loss of medals.

An officer shall not wear ribbons of decorations and medals which have been lost, unless documentary proof can be produced that they are entitled to such decorations or medals.

17.

Medals for Junior officers dying in Service.

(1)

A medal belonging to an officer who dies in the service shall be sent to the legatee or executors when bequeathed by will.

(2)

Where the officer dies interstate, the medals shall be sent to the next-of-kin, as shown in official records.

(3)

Where there is doubt as to the next-of-kin, the heir shall be decided according to custom of that community.

(4)

A medal which is forfeited shall be forwarded to the Inspector-General, under registered cover, for disposal.

(5)

Titles of honour shall be forfeited by person convicted of treason, sedition, murder, rape corruption, terrorism amd drug trafficking and such person shall be stripped of the title.

(6)

Paragraph (5) shall also apply to those who are dishonourably discharged from the disciplined services.

18.

Wound stripe.

(1)

A Police officer wounded while in the execution of their duty may receive service award in recognition of such wound.

(2)

The wound stripe award−

(a)

may be awarded to officers of any rank

(b)

shall be confined to instances where a police officer, while carrying out his duties has been deliberately wounded by an adversary, but accidental injuries shall not be treated as a qualification for the award..

(c)

shall consists of a red ribbon 1 ¼ x 3/8" (Normal ribbon size) sewn on a metal clasp and the number of awards shall be indicated by a perpendicular silver thread bar sewn on the ribbon and—

(i) the first bar shall be in the centre of the ribbon;
(ii) for the second award two bars will be sewn equidistant from each other and the ends of the ribbon; and
(iii) for the third award, another bar will sewn in the centre of the ribbon, all three bars being equidistant from each other and the edge of the ribbon;
(d)

be worn on the left breast suspended by its riband.

(3)

The County police officers or Formation commanders shall submit detailed recommendations through their respective Deputy Inspectors General and the Director of Criminal Investigations to the Inspector General in respect of officers who are considered eligible for this award.

(4)

On approval of the award by the Inspector General, it shall be published in service administrative orders and an entry on the officers records of service card and in the commendations and rewards column of his service register.

(5)

The award shall be worn above the centre of the right hand breast pocket of all uniforms and in the case of subordinate officers wearing numerals, it shall be worn immediately above the centre of the numeral.

(6)

The award ribbon shall be obtainable from the respective Deputy Inspector-Generals and D.C.I. stores on indent, quoting the relevant authority as published in the service administration orders.

19.

Certificate of commendation.

A certificate, signed by the Inspector-General, shall be issued to the recipient of each commendation published in service Administrative orders in the form set out Appendix 50.

This certificate testifies to the

Award of Award of a

BADGE OF MERIT OF

To

.......................................

Of the National Police Service, notification of which was published in Service orders No ....... on the ....... day of ........... 20....... in recognition of ..................................................................................................................

............................................................................................................................................................

Service Headquarters, Nairobi

Date ............................ 20 .........................

This certificate testifies to the

Award of a COMMENDATION

To

.....................................................................................

Of the National Police Service, notification of which was published

In Service orders No. ........................ on the ........ Day of ....................., 20......... in recognition of ...........................................................................................

............................................................................

Service Headquarters, Nairobi.

DATE ................... 20..................................

CHAPTER 51 – POLICE ANIMALS
1.

Where Police animals are stationed.

A police animal is the property of the Government of Kenya and shall be stationed at each Formations according to the approved Service establishments.

2.

Strength, increase and decreases.

(1)

Every formation with police animals shall keep and maintain a record of all animals including any increases, decreases and transfers of police animals.

(2)

The record shall include birth of foals and cameling, shall be taken on ledger charge when the animals are six months old as "Immature Animals" and transferred to the established strength on attaining the age of four years.

(3)

Puppies are taken on strength when nine months old and on the ledger charge when six months.

3.

Certificate of soundness.

A police animal shall not be purchased without a certificate of soundness by a veterinary surgeon and without being examined for fitness for police work.

4.

Allocation of Service numbers.

A police animal shall be allocated service numbers as listed below–

(a)

each kind of animal on police strength shall be allocated a set of numbers to run consecutively from number one and the number shall be prefixed by the relevant words "Police Horse", "Donkey", "Mule", Camel and Police dog; and

(b)

when an animal is taken on strength, it shall be allocated a number by Service Quartermaster.

5.

Branding of animals.

(1)

A police animal, except horses, shall be branded on the left rump with the letter D.O.P and the branding shall be effected as soon as possible after an animal is taken on strength.

(2)

A police dog shall be micro chipped.

6.

Animal file.

(1)

A separate file, containing a Veterinary History Sheet Form P. 73, shall be maintained in respect of each individual animal and shall contain all correspondence relating to it.

(2)

A detailed record of all sickness, treatment given and by whom the animal was treated shall be maintained in the file.

7.

Responsibility to ensure fitness of animals.

The Officer-in-Charge of a Formation where animals are stationed shall maintain the police animals and ensure that they are fit for duty at all times.

8.

Stable routine.

The Officers-in-Charge of a Formation where police animals are stationed shall draw up detailed Standing Orders in respect of daily stable routine and these orders shall cover the following matters as laid down in the care and management of animals pamphlet–

(a)

scale of daily feeds;

(b)

general routine for water and feeding;

(c)

bedding;

(d)

cleanliness; and

(e)

fire order.

9.

Exercises.

Police animals shall be exercised as described below–

(a)

all healthy animals which are not performing normal duty shall be exercised for a period of at least two hours daily and fed in accordance with the scales laid down in the pamphlet; and

(b)

if for any reason, it is not possible for an animal to be worked or fully exercised, the scale of feed, not the number of feeds, shall be reduced by one-third.

10.

Veterinary pexamination.

(1)

A police animal shall be regularly examined for fitness and if there is any doubt, a veterinary officer shall be called and a report obtained on the animal’s health and fitness for police duty.

(2)

A record of these examinations, signed by the veterinary officer, shall be maintained on the animal file.

11.

Diet of sick animals.

The diet and exercise of sick animals shall be as prescribed by the Veterinary Officer.

12.

Euthanisation

Euthanisation shall be conducted as follows–

(a)

where a police animal is certified by Government veterinary officer to be suffering from a condition which he or she considers to be incurable, the veterinary officer may authorize the immediate euthanisation of the animal;

(b)

where veterinary officer approves and the animal is euthanised, he or she shall forward to Service Headquarters a duly completed and signed copy of the certificate of euthanisation and the veterinary history sheet.

13.

Shoeing.

(1)

All police horses and mules which are normally employed on police duty in urban areas shall be properly shoed, and arrangements shall be made locally for shoeing.

(2)

A record shall be maintained on a special sheet in the animal file of the dates on which shoeing is carried out.

(3)

All ranks employed on the care of horses shall be proficient in the care of hooves.

(4)

A police donkey and camel shall not be shoed.

14.

Police animals not to be entered for races and gymkhanas.

A police animal shall not be enrolled for gymkhanas or race meetings without the prior permission of the Inspector-General.

15.

The scale of saddler for police animals shall be as laid down in the National police service police animal handling and management operational manual.

16.

Care of saddlery.

(1)

An Officer-in-Charge of Formations shall ensure that all saddlery and equipment is kept clean and in good repair.

(2)

Dubbin shall be applied to the flesh side of leather every month and this, with a daily application of saddle soap to all surfaces, shall preserve the leather in apliable condition.

(3)

Metal work shall be polished to prevent corrosion.

(4)

Saddlery shall be inspected on the rack by the Officer-in-Charge of the formation once weekly and stripped saddler inspections shall be held once monthly.

(5)

On stripped saddlery inspection, all items shall be laid out in accordance with national police service police animal handling and management operational manual.

(6)

A police animal’s saddlery shall be laid out for inspection as set in the pamphlet on the subject of the animal.

(7)

All repairs and replacements to saddlery shall be effected only on the authority of Service Quartermaster.

(8)

Metal work may be repaired by Armourer Circuit Teams as laid down in Service Armoirers Branch Order in the National Police Service Standing Orders.

17.

Animal management.

All formations where animals are stationed are issued with the "Care and Management of Animals" pamphlet and the instructions contained therein shall be generally followed in conjunction with these Orders.

1.

Saddlery shall be issued for police animals in the following scale and held on charge at the formation at which the animal is stationed. When an animal’s transferred from one formation to another, one set of appropriate saddlery shall be transferred likewise—

(a) Horses-Riding

General Duty

Anti stock theft Unit

Bits snaffle

-

1

Bits, universal reversible and Curb Chain

-

1

Bridles, complete (black for ceremonial)

-

1

Breastplate (black for ceremonial)

-

1

Bucket rifle

-

1

Brushes water

2

2

Chain, head stable

1

-

Cloth, saddle, trimmed with Service Colours

1

-

Girth, leather, three folds

1

-

Girth, Web

-

1

Headcollar, stable, prs

1

1

Martingale, running/standing

1

-

Noseband

1

-

Numnah

1

- (small quantity for ASTU Mtd wing

Numnah cover

1

-

Pouches saddle, prs

-

1

Reins

1

1

Reins bits

1

-

Rope, head dress (with black fittings for ceremonial)

1

-

Rope, headcollar

1

-

Rug, horse

1

-

Saddles, riding, officers pattern (small quantity for ASTU Mtd wing)

1

-

Saddle, Universal

-

1

Stirrup, iron prs (with lance ferrule cup for Cer)

1

1

Stirrup, leather prs

1

1

Stirrup lamp

-

2

Straps baggage, sets

-

1

Spurs, prs

-

1

Staves mounted and scarbard

-

1

Surcingle, white (ceremonial)

1

1

Tanning Oil

-

- 1/2 litre per horse per year

Truncheon, long

1

-

Truncheon, case, black

1

-

Truncheon frog and retaining strap black

1

-

Wallet, with straps, pairs

1

-

(b) Mules (pack)

Collar, head, stable

1

-

Breaching strap pack mule

1

-

Cruppers mule

1

-

Girth,leather

1

-

Panniers mule,prs

1

-

Saddles, mule pack (complete)

1

-

Straps joining breeching

1

-

Surcingles, webbing

1

-

(c) Camels Riding Pack

Bags, saddle

1

-

Bags, water

1

1

Brushes dandy

1

1

Buckets, rifle

1

-

Arm

1

-

Straps Steadying

1

-

Suspension

1

-

Buckets, water, canvas

1

1

Chains, head, stable

1

1

Chains, nose, riding

1

-

Collars, head, riding

1

-

Collar, head, stable

1

1

Combs, curry

1

1

Covers, saddle, cloth

1

-

Numnah pad

1

1

Ropes, hobble

1

1

Ropes, leading

1

1

Rugs, camel

1

1

Saddles, riding

1

-

Saddle, pack

-

1

Stirrups, stainless steel

2

-

Sponges

1

1

(d) Donkeys, Pack

Brushes, dandy

1

Buckets,water, canvas

1

Chains head, stable

1

Collars, head stable

1

Combs, curry

1

Ropes, hobble

1

Ropes, leading

1

Saddle, pack

1

Sponge

1

2.

One complete veterinary chest and one pair of horse clippers shall be held on charge at each Police stable.

3.

Brushes, saddle soap, dubbin, etc., will be requisitioned from the Quarter master on the following basis–

Per annum.

Brushes, body, per animal

2

Brushes, dandy, per animal

2

Soap, saddle, per riding saddle

4 tins

Blanco, white, per head dress rope

2 cakes

Oil, neats foot, per horse

2 1/2 litres

Tar, Stockholm, per animal

as required

Bucket, water, canvas per horse

1

Comb, mane, per Horse

1

Comb, curry, per donkey

1

Bag, nose, per horse

1

Pick hoof, per horse

1

Rubber, stable, per horse

1

Sponge per animal

1

CHAPTER 52 – POLICE ASSOCIATIONS
1.

Representation of police officers.

(1)

Police officers may, in accordance with section 83 of the National Police Service Act (Cap. 84) form Associations for consultations in respect of any matter concerning the members of the association.

(2)

The Inspector-General, the Commission and the Cabinet Secretary shall recognize associations formed under subparagraph (1).

2.

Functions of police associations.

(1)

A police Association formed in accordance with the National Police Service Act (Cap. 84) shall be responsible for—

(a)

bringing to the notice of the Inspector-General, the Commission and the Cabinet Secretary any of the matters affecting the general welfare and efficiency of the police;

(b)

negotiating and reporting for action on behalf of the officers in respect of—

(i) any grievances;
(ii) the terms and conditions of employment; and
(iii) any other matters concerning the police officers.
3.

Recognized associations to make rules.

(1)

Subject to section 84 of the National Police Service Act (Cap. 84), every recognized police association shall make rules providing for the administration of the Association and for carrying out the objects of the Association.

(2)

The rules made under subparagraph (1) shall contain provisions in respect of matters prescribed in the Seventh Schedule of the National Police Service Act (Cap. 84).

(3)

A copy of the rules and any amendment thereto shall be issued to each officer who is a member of the Association on demand and on payment of the prescribed fee.

(4)

Subject to the Societies Act, the rules of an Association, including any amendments, shall be filed with the Registrar-General and shall unless a future date is specified therein, have effect from the date or filing.

4.

Registration requirements.

(1)

For an Association to qualify for registration under the National Police Service Act (Cap. 84), the Association shall be required to—

(a)

draw its membership from the Service; and

(b)

comply with the requirements made in accordance with Seventh chedule of the National Police Service Act (Cap. 84).

5.

Association to be independent of trade union.

An Association established in accordance with this Part and any branch therof shall—

(a)

operate and be administered in accordance with the provisions of the National Police Service Act (Cap. 84); and

(b)

be entirely independent of any trade union within the meaning of the Labour Institutions Act (Cap. 234).

6.

Matters to be included in the rules of a police association as laid out in the Seventh schedule in the Act.

Matters to be included in the rules of a police Association as laid out in the Seventh schedule in the National Police Service Act (Cap. 84) are—

(a)

the name of the Association and the place of meeting for its business;

(b)

the objects for which the Association is to be established, the purposes for which its funds shall be applicable, and the conditions under which any member may become entitled to any benefit assured thereby, and the fines and forfeitures to be imposed on any member of the Association;

(c)

the manner of making, altering, amending and rescinding rules;

(d)

a provision for the appointment and removal of a general committee of management, of a trustee, treasurer and other officers;

(e)

a provision for the investment of the funds, and for an annual or periodical audit of accounts;

(f)

the inspecting of books and names of members of the Association and the general conduct of elections;

(g)

the manner of dissolution;

(h)

the protection of voting rights of members of the Association and the general conduct of elections;

(i)

the powers, duties and functions of the Executive Committee of the Association;

(j)

method to resolve disputes between the members of the Association and the members of the Executive Committee; and

(k)

the prohibition against admission to membership with respect to a police officer who is a member of an appropriate recognized association.

7.

Channeling of matters to the Inspector-General, Commission and Cabinet Secretary.

(1)

Any matters affecting the general welfare and efficiency of the police shall be forwarded to the Inspector-General in writing by the Chairman or Secretary of the Association or any other duly elected office holder of the Association.

(2)

The memorandum shall be signed by at least three duly elected officials of the Association.

8.

External Communications.

The Association shall not communicate with the media or any other persons or agency on specific matters touching on the National Police Service or on the matters referred on section 83(b) of the National Police Service Act (Cap. 84) unless with approval of the Inspector-General or Deputy Inspector-Generals, as the case may be.

9.

Precedence of duty over association matters.

(1)

Policing duties shall take precedence over Association matters.

(2)

The executive members of the police Association shall be accredited time and opportunity to perform their mandates and responsibilities as they may be required from time to time as the Constitution of the Association may require.

(3)

The officials of the Association shall be allowed time to execute the efficient running of the Association to the benefit of the members and permission shall be granted as is convenient to progress the existence of the associations.

10.

Register of members.

Every Association shall keep a register of its members in such a form as shall be specified in the Societies Act or as may be prescribed by the Inspector-General and shall cause to be entered therein the name and address of each member, the date of his admission to membership and the date in which he ceases to be a member and a copy submitted to the Inspector-General.

1.

Election of representative

The election of officers of the Senior Branch and members of the Junior Branch to the County boards and the Joint Central Committee of the Association shall be effected in accordance with the procedure set out below.

2.

Notice as to the holding of elections

(1)

The County or Formation commander shall publish his or her intention to hold elections in the Senior and Junior Branches of the Association elections in the County or Formation for representatives to serve on the County board.

(2)

) The County or Formation commander shall indicate that the elections will be held during stipulated hours on any seven consecutive days between the 14 March, inclusive of each year, and the notice shall—

(a)

be promulgated to police stations level fourteen days prior to the commencing date of the elections;

(b)

inform all officers of the Senior Branch and members of the Junior Branch of their right to select their representatives.

3.

Appointment of returning officer

(1)

For the purposes of the elections each County or Formation commander shall detail one gazetted officer to carry out the Officer duties of a returning officer who shall be responsible to the County or Formation commander to ensure that the elections are properly carried out.

(2)

The County or Formation commander shall supply such reasonable assistance as the returning officer may request to efficiently carry out his duties in that capacity.

SENIOR BRANCH

4.

Nomination of Candidates

(1)

During the fourteen clear days referred to in paragraph (2)(a), the returning officer shall provide the County or Formation commander with the names and ranks of candidates from the Senior Branch in the County or Formation who are willing to accept nomination as candidates to serve on the County or Formation board, as follows:-

(a)

Gazetted Officers ..........3; and

(b)

Inspectorate ........... 6.

(2)

The County or Formation commander shall publish the list of candidates referred to in h (1) above before the expiration of the required fourteen days.

(3)

Subject to Service exigencies and at the request of the returning Officer, the County or Formation commander shall afford reasonable facilities to the Gazetted Officers and the Inspectorate stationed in his or her county or Formation to meet to discuss the nomination and election of candidates.

5.

Electoral Procedure.

(1)

The returning officer shall ensure that a suitable ballot box is provided at each Sub-County or division or formation headquarters during the hours set aside for the elections, subject to the provisions of subparagraph (8).

(2)

The returning officer shall ensure that sufficient blank voting forms as specified in Form No. 1 in the Schedule to this Appendix are supplied to each Sub-County, division or formation headquarters for use during the election.

(3)

The returning officer, with the approval of the County or Formation commander, shall ensure that a Presiding Officer not below the rank of Chief Inspector, is appointed at each Sub-County, Divisional or Formation Headquarters for the purpose of the elections.

(4)

The Presiding Officer shall be responsible for the safe custody of the ballot box which shall be under his or her charge until its delivery to the returning officer in accordance with h (7) and he or she shall also be responsible for the proper recording of votes during the elections.

(5)

Each member of the Senior Branch of the County or Formation entering the office or other place set aside for the purpose of the elections shall be provided with one blank voting form on which shall be entered the names of the candidates, Gazetted Officers and Inspectorate, for whom they have respectively to vote.

(6)

The presiding officer shall strike out from a list of the officers of the Senior Branch in the County or Formation each officer who records his or her vote at the time of voting.

(7)

At the termination of the period set aside for the voting, the presiding officer shall seal the ballot box and deliver it to the returning officer at an assembly point deemed convenient to the returning officer.

(8)

The County or Formation Commander, bearing in mind the, geographical layout of the County or Formation and the Sub-County or Divisional Headquarters in the County or Formation and the location of the Sub-County Headquarters in the County or Formation, may make such arrangements, as he or she deems appropriate for the location of the ballot boxes during the elections.

6.

Counting of votes.

(1)

Upon the assembly of the ballot boxes at the pre-arranged central assembly point, the Returning Officer shall then count votes recorded against the names of the officers as entered in voting papers.

(2)

The Gazetted Officer who has the highest number of votes recorded against his or her name and the first two inspectors with the highest number of votes recorded against their names shall be the representatives of the Senior Branch on the County or Formation Board of the County or Formation.

(3)

At the conclusion of the count, the Returning Officer shall complete Part 1 of Form 2.

7.

Holding elections

(1)

During the seven, consecutive days set aside for the purpose of the elections referred to in paragraph (2), and subject to the approval of the County or Formation Commander, the Returning Officer shall make suitable arrangements that members of the Junior Branch of the Association serving in the County or Formation shall elect their representatives to the County or Formation Board of the County or Formation.

(2)

The officer for the time being in-charge of a police station shall ensure that one member of the Junior Branch serving in the station shall be elected as a candidate to be sent forward to Divisional or Sub-County level for election to the County or Formation Board of the County or Formation. Elections at police station level shall be by show of hands.

(3)

The officer for the time being in-charge of a police station having carried out the arrangements referred to in paragraph (2), and in accordance with arrangements made for latter in writing the name and rank of the candidate to the presiding officer at Sub-County level.

(4)

The presiding officer shall submit in writing the names and ranks of all candidates elected in the Sub-County area in accordance with h (2), to the Returning Officer.

(5)

Subject to existing Service exigencies, the Returning Officer shall make adequate arrangements to permit the assembly of all station candidates at the most convenient central point at Sub-County level.

(6)

After assembly in accordance with h (5), the station candidates shall elect two of their members as candidates for election to the County or Formation Board of the County or Formation.

(7)

The Returning Officer shall maintain a record of the names and ranks of the candidates so elected and Elections shall be by a show of hands.

(8)

The two candidates from each Sub-County elected in accordance with h (6), shall meet at County level and elect from their number two to serve as representatives of the Junior Branch of the Association on the County or Formation Board of the County or Formation.

(9)

The Returning Officer shall complete part (ii) of Form 2 at the conclusion of the arrangement in paragraph (8).

(10)

For the purpose of this appendix the term "Police Station" and "Divisional" "Sub-County" shall include any other separate police units in a County or Formation including County and Sub-County Headquarters, where applicable.

(11)

The County or Formation Commander, bearing in mind the geographical layout of the County or Formation and the location of the police stations within the County or Formation, may, in carrying out the electoral procedure in h (1), make such arrangements as he or she considers expedient and necessary to carry out that procedure:

Provided that any such arrangement made by him or her shall not depart, in principle, from the arrangements outlined in the subparagraph referred to.

8.

Formation of joint central committee

(1)

Upon completion of the action required by paragraph 4 and paragraph 5 of this Appendix, the Returning Officer shall submit Form 2 to the County or Formation Commander.

(2)

Upon receipt of Form 2, the County or Formation Commander shall, as soon as possible convene a meeting of the County or Formation Board for the purpose of electing its representative to serve on the joint Central Committee of the Association.

(3)

The County or Formation Board shall consist of—

(a)

the Gazetted Officer elected to the County or Formation board who shall serve on the Joint Central Committee;

(b)

one of the two members of the Inspectorate elected to the County or Formation Board shall serve on the Joint Central Committee;

(c)

one of the two members of the Junior Branch elected to the County or Formation Board shall serve on the Joint Central Committee.

(4)

Upon completion of the selection in accordance with paragraph (3), the County or Formation Commander shall complete Form 3 and forward it to the Service Headquarters

(5)

At the conclusion of the elections, the County or Formation Commander shall publish the results in the Weekly Orders of the County or Formation.

(6)

After the completion of the elections referred to in paragraph 5 and subject to the Commissioner’s approval, the inaugural meeting of the Joint Central Committee shall be held during the month of April.

(7)

The Committee shall elect from its members a chairman, who shall be a Gazetted Officer, a vice chairman and a secretary however, if the committee considers that the business of the Association can be dealt with more efficiently and expeditiously by a person who is not a member of the Committee; the chairman may apply to the Inspector-General for permission to appoint a police officer not below the rank of inspector as secretary.

(8)

Where an elected representative of the Senior Branch is by reason of leave, sickness or any other cause, unable to carry out the business of the County or Formation Board, the County or Formation Commander shall appoint a substitute to serve for such period as is necessary or until the return of the absent representative, or until holding of the next elections, whichever is earlier.

(9)

The substitute shall be the candidate who obtained the next highest number of votes in the election.

(10)

The County or Formation Commander shall take action in the case of an elected representative of the Junior Branch expecting that in such case he or she shall select a member of the Junior Branch from the remaining candidates.

(11)

In the event of a member of the County or Formation Board of a County or Formation being promoted to a rank higher than that of the rank he or she represent, or he or she is transferred from one County or Formation to another or leaves the Service, he or she shall automatically cease to be a member of the County or Formation Board to which he or she had been elected.

(12)

By-Elections if it becomes necessary to hold a by-election in connection with representation on a County or Formation Board of either the Senior or Junior Branch of the Association in a County, then such may be held.

FORM 1

THE POLICE ASSOCIATION ELECTION 20.......

ELECTION OF THE COUNTY/FORMATION BOARD OF COUNTY/FORMATION.

Please enter an X against the names of one gazetted officer from the three gazetted officers whose names appear hereunder, whom you select to represent you on the County or Formation Board.

NUMBER

NOMINATIONS

ENTER X BELOW

1

2

3

Please enter an X against the names of any two members of the Inspectorate whose names appear hereunder, whom you select to represent you on the County or Formation Board.

NUMBER

NOMINATIONS

ENTER X BELOW

1

2

3

4

5

6

NOTES

(a)

. It is not necessary to sign the form. When completed, the form should be folded and placed in the ballot box provided.

(b)

. For convenience of voting, Part (i) and (ii) above may be used as separate forms.

(c)

. Gazetted Officers cannot vote for members of Inspectorate nor a member of Inspectorate vote for Gazetted Officers.

FORM 2

THE POLICE ASSOCIATION ELECTION 20 ……………

TO: County or Formation Commander,

.............................. County or Formation

Date ............................ 20 ................

(i) I hereby certify the election to the County/Formation Board of this County/Formation for the year ending 1st March, in the Senior and Junior Branches of the Association have been held in accordance with the Police Regulations and Appendix 52(a) of this Chapter.

Part i-Senior Branch

(ii) I further certify that I have scrutinized and counted the votes recorded against the names of the respective candidates in the Senior Branch and they are as follows:

Gazetted Officers

Names and Rank of Candidate

No. of votes

1. ..........................

..........

2. ...........................

..........

3. ...........................

..........

Inspectorate:

Names and Rank of Candidate

No. of votes

1. ..........................

..........

2. ..........................

..........

3. ..........................

..........

4. ..........................

..........

5. ..........................

..........

6. ..........................

..........

Returning Officer.

Part II - Junior Branch

iii). I certify that the members of the Junior Branch of the Association whose names are set out hereunder were elected to the County/Formation Board of the County/Formation:

1.

2.

Returning Officer.

REMARKS

........................................ Submitted in accordance with paragraph

6(a) Appendix 52(a) of this Chapter.

.................................................... Returning Officer.

REMARKS

......................................................................

FORM 3

THE POLICE ASSOCIATION ELECTION

TO: The Inspector General,

National Police Service Headquarters,

P.O. Box 30083,

NAIROBI.

In accordance with Appendix 52 (a) of this Service Standing Orders, elections were held in........ County/Formation in the Senior and Junior Branches of the Association for the year ending 1st March, the result of the elections were as follows—

ELECTED TO THE .........TO THE COUNTY or FORMATION BOARD

Senior Branch

Gazetted Officer:

(1)

........................

Inspectorate:

(1)

........................

(2)

........................

Junior Branch

(1)

........................

(2)

........................

TO SERVE ON THE JOINT CENTRAL COMMITTEE

Senior Branch

Gazetted Officer:

(1)

........................

(2)

Inspectorate:

(3)

(1) ........................

Junior Branch REMARKS .................................... County or Formation Commander.

CHAPTER 53 – POLICE DUTIES DURING ELECTIONS
1.

Role of security officers.

(1)

A security officer assigned to the Independent Elections and Boundaries Commission shall operate under the direction of the Independent Electoral and Boundaries Commission.

(2)

The duty of a security officer assigned to the Independent Electoral and Boundaries Commission shall include—

(a)

providing security at the venue where the election of the candidates is held;

(b)

safeguarding the polling process at the polling stations;

(c)

safeguarding the vote counting process;

(d)

providing security during transportation of election materials and equipment; and

(e)

providing security for election officials, election materials and equipment.

2.

Role of police commanders.

(1)

Police commanders in the county shall liase with the Returning Officer in a constituency to ensure there is adequate police coverage at every polling station.

(2)

The respective County Commanders and other Police Commanders in the County shall cooperate with each other and engage in joint security operations with other government departments or security organs in order to ensure the safety and security of the public.

(3)

The Police Commanders shall agree on who amongst them shall coordinate joint security operations preferably on rotational basis, and this shall be captured in the operation.

3.

Role of the presiding officers.

(1)

A Presiding Officer is the overall supervisor of a polling station and their duties and responsibilities shall include─

(a)

laying out and demarcating the polling or counting stations;

(b)

assign duties to the clerks;

(c)

opening of polling;

(d)

presiding over elections at their assigned polling stations;

(e)

ensuring law and order of elections in the polling station;

(f)

ensuring security and safety of election materials; and welfare of election officials working under their authority;

(g)

regulating the flow of voters and other authorized persons in the polling or counting stations;

(h)

close of polling;

(i)

layout of polling station for counting;

(j)

tallying, counting and announcement of results;

(k)

transmission and posting of results;

(l)

retrieve, verify and secure electoral materials and equipment and submit;

(m)

polling stations results to the Returning Officer.

4.

Deputy presiding officers.

The deputy presiding officer shall deputize the Presiding Officer.

5.

Poliing or counting clerks.

(1)

For purposes of the voting and counting procedures, the clerks shall be located at different positions and perform different duties that shall include─

(a)

controlling queues and directing voters to respective polling rooms;

(b)

identifying voters before allowing them to vote;

(c)

confirming that voters have not voted at that polling station or elsewhere;

(d)

issue ballot papers to voters who have duly identified themselves and are in the voters’ register;

(e)

assist the presiding officers with the counting of votes after voting is completed;

(f)

assist the presiding officers in preparing reports;

(g)

assisting in laying out the polling and counting room; and

(h)

performing any other duty as may be assigned by the presiding officer.

6.

Admission to the polling station.

(1)

The Presiding Officer shall regulate the flow and number of voters to be admitted into the polling station and once the voter has cast his vote, the voter shall be requested to leave the polling station immediately.

(2)

A person shall not enter the polling station except—

(a)

the candidates;

(b)

the party or candidate's agents limited to two per candidate or party;

(c)

the election officers on duty;

(d)

a person authorized to assist a voter;

(e)

the Commissioners and other Commission officials;

(f)

accredited observers; and

(g)

the media.

7.

Order of events before polling.

(1)

A day before the polling day, the Presiding Officer shall inspect the polling station to confirm if it is suitable and convenient for voting.

(2)

On the polling day, the Presiding Officer shall prepare the polling place for polling and all unnecessary materials from the polling place to ensure—

(a)

availability and adequacy of polling materials, equipment and transport;

(b)

security of the polling station;.

(c)

demarcation of the polling station;

(d)

display posters and banners;

(e)

layout of the polling room;

(f)

polling booths are mounted and each has necessary materials to mark ballot papers;

(g)

he or she assign duties and distributes materials to respective polling staff;

(h)

he or she verifies accreditation of agents and observers;

(i)

he or she holds consultations with candidates’ agents, observers and other stakeholders;

(j)

he or she displays the ballot box to demonstrate its emptiness;

(k)

he or she seals the ballot box and records the serial numbers in the polling station diary;

(l)

he or she declares the polling station opened at 6.00 am;

(m)

he or she counts the number of ballot papers issued to their custody and enter the figures in the respective polling station diary and ask agents present to witness this by appending their signature in the respective form; and

(n)

he or she send a message through the short message services on the time of opening of polling station.

8.

Polling time.

(1)

All voting shall commence at 6 o’clock in the morning and end at 5 o’clock in the afternoon on the polling day and voters who are in the queue by 5.00 pm shall be allowed to vote.

(2)

In the event of delayed opening for valid reasons, or disruption of polling process the presiding officer shall extend polling to recover the lost time.

9.

Election offences.

Election offences may relate to registration of voters, register of voters, voting and election staff.

10.

Offences relating to voting.

(1)

A person commits an offence if the person─

(a)

forges, counterfeits, defaces or destroys any ballot paper or the official perforation, stamp or mark on any ballot paper;

(b)

supplies without authority any ballot paper to any person;

(c)

sells or offers for sale any ballot paper to any person, purchase or offer to purchase any ballot paper from any person;

(d)

has a ballot paper which has been marked with any official perforation, stamp or mark while not being entitled to be in possession of any such ballot paper;

(e)

places into any ballot box anything other than the ballot paper;

(f)

takes out of a polling station any ballot paper or be found in possession of any ballot paper outside a polling station;

(g)

removes election material from a polling station before, during or after an election without authority to do so;

(h)

destroys, takes, opens, disposes or interferes with any election material in use or intended to be used for the purposes of an election without authority;

(i)

prints any ballot paper or what is capable of being used as a ballot paper at an election without authority; or

(j)

manufactures, constructs, imports, posses’, supplies or uses, or causes manufacture, construction, importation, supply or use, any appliance, device or mechanism by which a ballot paper may be extracted, affected or manipulated after having been deposited in a ballot box during the polling at any election for the purposes of an election.

11.

Offences by members and staff of the commission.

(1)

A member or staff of the Commission commits and offence if he or she─

(a)

makes any mark on any ballot paper issued to any person other than to himself without the authority of the presiding officer;

(b)

votes at any election when they are not entitled to vote;

(c)

votes more than once in any election;

(d)

interferes with a voter in the casting of his vote in secret;

(e)

pretends to be unable to read or write so as to be assisted in voting; or

(f)

pretends to be visually impaired or suffering from any other disability so as to be assisted in voting;

(g)

makes, in any record, return or other document which they are required to keep or make under such written law, an entry which they know or have reasonable cause to believe to be false, or do not believe to be true;

(h)

permits any person whom they know or have reasonable cause to believe to be able to read or write to vote in the manner provided for persons unable to read or write;

(i)

permits any person whom they know or have reasonable cause to believe not to be visually impaired or a person with disability to vote in the manner provided for persons who are visually impaired or persons with disability, as the case may be;

(j)

willfully prevents any person from voting at the polling station at which they know or have reasonable cause to believe such person is entitled to vote;

(k)

willfully rejects or refuses to count any ballot paper which they know or have reasonable cause to believe is validly cast for any candidate in accordance with the provisions of such written law;

(l)

willfully counts any ballot paper as being cast for any candidate which they know or have reasonable cause to believe was not validly cast for that candidate;

(m)

interferes with a voter in the casting of his vote in secret;

(n)

where required to declare the result of an election, fails to declare the results of an election;

(o)

purports to make a formal declaration or formal announcement of an election result except in the case of a member, officer or person authorized to do so;

(p)

does or omits to do anything in breach of official duty without reasonable cause;

(q)

colludes with any political party or candidate for purposes of giving an undue advantage to the political party or candidate;

(r)

willfully contravene the law to give undue advantage to a candidate or a political party on partisan, ethnic, religious, gender or any other unlawful considerations; or

(s)

fails to prevent or report to the Commission and any other relevant authority, the commission of an electoral malpractice or offence.

12.

Returning Officer.

A returning officer is appointed by the supervisor of election who is also empowered to appoint deputy returning officer is subject to the general directions of the returning officer, to whom he or she deputizes.

13.

Presiding Officers and Deputy Presiding Officers.

(1)

The Presiding Officer and deputy presiding officer are appointed for each polling station by the returning Officer.

(2)

The Presiding Officer and deputy presiding officer is responsible for maintaining order at the polling station.

(3)

The Presiding Officer may direct that any person who misconduct himself at a polling station, or fails to obey his lawful instructions may be removed, or dealt with as a person taken into custody for an offence by a police officer without a warrant.

(4)

A person removed from the polling station under the order of the presiding officer shall not be prevented from casting his vote peaceably there at, provided he is entitled to vote at that station.

(5)

The Presiding Officer is in charge of the polling station and the police shall assist and operate under his direction.

(6)

Where there is a complaint on alleged infringement of the Law, the police officer shall record the complaint in the police note book.

14.

Agent.

An agent acting on behalf of a candidate shall present to the presiding officer a letter of appointment signed by the candidate before the agent is allowed to enter the polling station.

15.

Polling Stations.

(1)

The Commanders and the Returning Officer shall maintain a close liaison to ensure proper and adequate police coverage at every polling station by─

(a)

preparing a joint election operation order; and

(b)

deciding the number of polling station and their location within each constituency, having strict regards to the availability of security personnel.

(2)

A voter at the polling station shall be afforded every facility to cast his vote peaceably and in an orderly manner.

16.

Counting of votes.

(1)

The returning officer, in consultation with the both respective County and Sub-County Police Commanders, shall make appropriate arrangements regarding the venue for counting of votes, announcement of results, maintenance of law and order and protection of officers engaged in the counting.

(2)

The arrangements referred to in paragraph (1), may be held and finalized at a meeting of the County or Sub-County Security Committee.

17.

Counting agents.

(1)

A candidate may appoint a counting agent to act as an observer at the counting of votes.

(2)

The name and address of the counting agent shall be submitted to the returning officer at least thirty-six hours before the close of poll in that election.

18.

Persons present in polling station.

The Presiding Officer shall regulate the number of voter in the polling station at the same time by excluding all other persons except—

(a)

the candidates and their duly appointed agents;

(b)

election officers on duty;

(c)

police officer on duty;

(d)

persons necessarily assisting blind or incapacitated voters;

(e)

members of Independent Election and Boundaries Commission;

(f)

international election monitors; and

(g)

press representatives.

19.

Blind or incapacitated voters.

(1)

A blind or incapacitated voter may be accompanied by a companion who may assist him to vote.

(2)

The person assisting a blind or incapacitated voter shall not communicate at any time or to any person any information as to the candidate for whom that voter intends to vote or has voted for.

(3)

At the request or with the assent of the blind, incapacitated voter, the presiding officer may cast a vote on behalf of the vote provided that, if the voter so desires, the presiding officer shall allow one agent of each candidate to witness the marking of the vote.

20.

Secrecy at Poll.

A person at a polling station shall—

(a)

maintain and aid in maintaining the secrecy of voting in the station; and

(b)

not communicate, except for some purpose authorized by law, before the poll is closed to any person any information as to—

(i) the name of elector who has not or has applied for a ballot paper or voted at a polling station;
(ii) the number in the register of voter who has or has not applied for a ballot paper or voted at a polling station; or
(iii) the official mark.
21.

Interference with vote.

A person shall not─

(a)

interfere with a vote when recording his vote;

(b)

attempt to obtain in a polling station information as to the candidate for whom a voter in such station is about to vote or has voted;

(c)

communicate at any time to any person any information obtained in a polling station as to the candidate for whom a voter in such station has voted or is about to vote, or as to the number of the ballot paper given to a voter at such station; or

(d)

communicate or attempt to communicate with any voter after he or she has received their ballot paper and before he or she has placed the same in the ballot box, except the presiding officer or another person, authorized by him or her, who may be acting for purpose, permitted by any written law relating to election.

22.

Canvassing etc. outside polling station.

When a voter enters the poling station, the police officer has a duty to ensure that─

(a)

the voter is not obstructed when entering or leaving the polling station;

(b)

the voters are not interfered with or questioned inside the polling station; and

(c)

there is order.

23.

Question by presiding officer.

A presiding officer may only question a voter inside a polling station if─

(a)

the voter is the person registered on the register of voters; and

(b)

the voter has already voted at the election.

24.

Political Propaganda.

It is an offence under the Elections Offences Act (Cap. 66) for a person—

(a)

to furnish, supply or use any musical instrument or loudspeaker for the purpose of political propaganda on polling day;

(b)

to print, publish, distribute or post any advertisement, hand bill, placard, or poster referring to any election which does not bear upon its face the names and addresses of the printers or publishers; or

(c)

to let, lend or employ any vehicle vessel or animal of transport of any kind whatsoever knowing that it is intended to be used for the conveyance of electors or voters to and from the poll by persons other than the voters themselves, at their cost, is not permitted.

25.

Safe Custody of Ballot Boxes.

After close of poll, a Returning officer shall seek the protection of ballot boxes by the police as the Returning Officer waits for counting of votes─

(a)

the most senior police officer not below the rank of an Inspector at the police station or post shall examine the ballot boxes in the presence of the Returning Officer and the candidates or their agents to ensure they are properly sealed;

(b)

the sealed ballot boxes shall be stored in the police post or station’s strong room, armory, or an empty cell secured with two padlocks and the keys for each lock kept by the Returning Officer and the respective Commander;

(c)

the door of the room where the ballot boxes are placed may be sealed by the Returning Officer and the candidate or his agent;

(d)

an entry shall be made in the Occurrence Book stating─

(i) the time, number and description of the ballot boxes; and
(ii) the names of the returning officer and candidates or agents who witnessed the safeguarding of the boxes;
(e)

the room used for the safe custody of the ballot box shall be checked every four hours by a duty officer of or above the rank of corporal, to ensure that there is no interference, and entry to that effect made in the Occurrence Book;

(f)

the ballot boxes shall be handed over—

(i) to the Returning officer or a duly appointed representative with the key to the second padlock;
(ii) in the presence of the candidates or their agents after examining the seals and any objection or comments by the candidates or their agents shall be noted; and
(g)

an occurrence book entry to support the hand over shall be made and the returning officer, collecting ballot boxes, asked to acknowledge receipt in the remarks column;

(h)

the candidate or his or her agent who is present at the time of handing over shall be asked if he or she has any complaint and his or her reply entered in the occurrence book and he or she shall be investigated impartially and with utmost dispatch.

26.

Police Escort.

(1)

A Presiding Officer may seek adequate police escort when transporting the ballot boxes from the polling station to the place where the vote counting shall take place.

(2)

The Presiding Officer shall remain accountable for the security and safety of the ballot boxes while in transit and up to the time they are handed over to the retuning officer.

CHAPTER 54 – NATIONAL POLICE RESERVE
1.

Legislative Framework.

The National Police Service Act (Cap. 84) forms the policy and legislative basis for the constitution of the National Police Reserve as an integral part of National Police Service and the establishment of Reserve that may be deployed in Kenya to assist the Kenya Police Service and Administration Police Service in their respective mandates.

2.

Recruitment and composition.

(1)

Police reserve officers shall be recruited by the Commission upon recommendation and consultation with the Inspector General and deployed in such areas as the Inspector General may deem necessary in consultation with National Security Council.

(2)

The Reserve shall consist of persons resident in Kenya (other than serving members of the Kenya disciplined services) as, having attained the age of eighteen years, volunteer for service and are enrolled as Reserve Police Officers.

(3)

The Commission shall—

(a)

determine the maximum number of Reserve Police Officers; and

(b)

keep, maintain and update database of all the officers of the Reserve Police Officers.

3.

Deployment.

(1)

The Reserve shall be deployed in Counties, Sub Counties, Stations, and Posts and Outposts.

(2)

Any officer for the time being in charge of the respective Service in a County may, in writing, require any Reserve Police Officer resident in the County to perform duties of a police officer.

(3)

The Inspector-General may, in consultation with the Cabinet Secretary call out all or any Reserve Police Officers during state of war or state of emergency under Article 58 of the Constitution of Kenya, 2010, and when so called out they shall remain on duty until released by the Inspector-General.

(4)

The Inspector-General shall require any Reserve Police Officer called out for service as above to undergo such training as the Inspector-General may determine.

4.

Core Functions of the Reserve.

(1)

The Reserve may be deployed in Kenya to assist the Kenya Police Service or the Administration Police Service in their respective mandates including—

(a)

maintenance of law and order;

(b)

preservation of peace;

(c)

protection of life and property;

(d)

prevention and detection of crime;

(e)

apprehension of offenders; and

(f)

enforcement of laws and regulations with which the service is charged.

5.

Training.

(1)

The Inspector-General shall in consultation with the Commission undertake the training of police reserve officers to ensure they are conversant with the relevant provisions of the Constitution, National Police Service Act (Cap. 84) and any other relevant law.

(2)

The Reserve Police Officers shall undergo training which includes—

(a)

general police duties;

(b)

weapon training, practice shoots and firing of annual range course as laid down;

(c)

peaceful settlement of conflicts;

(d)

crowd behavior;

(e)

methods of persuasion, negotiation and mediation; and

(f)

care of specific victims and any other relevant area.

(3)

The County or Formation Commander, in consultation with the respective Deputy Inspector-General and Inspector-General, may exempt any Reserve Police Officer from carrying out training.

(4)

The hours of training performed by officers shall count towards their stipulated duty quota.

6.

Discipline.

(1)

A serving Reserve Police Officer shall be deemed to be a Police Officer in the National Police Service when deployed to assist the Kenya Police Service and the Administration Police Service and shall be subject to the same disciplinary code.

(2)

Reserve police officers shall not take part in political meetings in uniform, or in their capacity as officers of the Reserve.

(3)

Offences against discipline shall be inquired into in the same manner as provided in the National Police Service Act (Cap. 84) and this Order.

7.

Uniforms.

(1)

The approved scales of uniforms and equipment on issue to personnel of the Reserve shall be laid down in Dress Code Regulations Order in the National Police Service Standing Orders.

(2)

A Reserve Police Officer shall not wear uniform when not on police duties unless specifically authorized by the Inspector-General.

8.

Allowances.

(1)

A Reserve Police Officer shall serve voluntarily and shall not be entitled to claim any remuneration for his services save for such allowances as may be prescribed.

(2)

When mobilized for service, a Reserve Police Officer shall receive such pay and allowances as may be prescribed for a police officer of corresponding rank and seniority in such rank.

9.

Leave.

(1)

A Reserve Police Officer, irrespective of their ranks, is entitled to leave, subject to appropriate application for leave in accordance with the provisions of the National Police Service.

(2)

A Reserve Police Officer proceeding on leave shall inform their respective Sub-County Commanders prior to departure.

10.

Changes of Residence or Transfers.

(1)

A Reserve Police Officer who changes their place of residence or work shall report such change to their respective Sub County Commander before departure and shall give full particulars of their new address.

(2)

Such officer shall be transferred to and may be taken on strength of the Sub-County to which they have moved, provided they wish to continue serving in the Reserve.

11.

Reports and Returns.

Reports and returns of the Reserve shall be compiled in accordance with Reports and Returns Order in these Orders.

12.

Enlistments.

(1)

The rules that bind a reserve police officer upon enlistment include—

(a)

a Reserve Police Officer shall, on enlistment, make the declaration contained in the Fourth schedule to the National Police Service Act (Cap. 84);

(b)

a person shall not be permitted to perform police duties unless his or her enlistment has been finalized, and until—

(i) his medical examination has been completed;
(ii) it has been ascertained that he or she is eligible for enlistment;
(iii) he or she has subject to any exemption granted undergone prescribed training course and passed all relevant examination; and
(iv) he has been issued with his or her certificate of appointment.
(2)

Enlistment may be carried out within Counties and Sub-Counties in accordance with the establishment laid down from time to time by the Commission.

13.

Documentation.

The documentation processes shall include─

(a)

personal file in duplicate or triplicate as the case may be, shall be opened for each Reserve Police Officer on enlistment and kept at the Sub-County Headquarters, County or Formation Headquarters and respective Service Headquarters and shall each contain Forms N.P.R 1 and 2;

(b)

the declaration contained in Form N.P.R. 11 shall be made before a Gazetted Officer of the Service or of the Reserve, who shall also sign the Form in the appropriate place, further, Form N.P.R.2 shall also be signed;

(c)

all particulars of a Reserve Police Officer's service shall be recorded on page 3 of Form N.P.R.1;

(d)

all Reserve Police Officers shall be issued with a certificate of appointment as provided in the section 111(1) of National Police Act (No. 11A of 2011).

14.

Promotion.

All promotions of the National Police Reserve shall be made by the National Police Service Commission.

15.

Accounts.

(1)

All accounts, except travelling allowances, shall be submitted through the Officer-In-Charge of the Sub-County to County or Formation Headquarters for onward transmission to respective Service Headquarters for payment.

(2)

No expenditure, other than travelling allowance, shall be incurred without prior authority from Service Headquarters.

16.

Arms and ammuninations.

(1)

Guidelines on the use of firearms and ammunition by the reserve police officers shall provide—

(a)

reserve police officers, when necessary, be armed with the same type of arms and ammunition as are issued to and used by the Service;

(b)

arms and ammunition for use by the Reserve shall be issued from Sub-County establishment although they may be held at police station level;

(c)

Officers-in-Charge of Sub-County or Counties shall be responsible for the administration, maintenance and safe custody of such arms and ammunition;

(d)

issuance of arms to Reserve Police Officers shall be at the discretion of the Sub-County Commander subject to the approval of the County Commander, where practicable;

(e)

all Reserve Police Officers to whom arms are issued shall be personally responsible for their safe custody and serviceability.

17.

Communication with the Public or Press.

(1)

The Reserve Police Officers shall, in their relations with the Press, be guided by the provisions of Public Information Order which are applicable to them when they are on duty.

(2)

An officer shall not make any communication or write any letter to the Press in his capacity as a Reserve Officer except as laid down in these Orders.

(3)

A Reserve Police Officer shall not divulge to any person any information received by him or her during the course of his or her service as a Reserve police officer.

18.

Release and Discharge.

The Deputy Inspector-General or a County or Formation Commander having charge of a County or Formation may, for good cause release or discharge from the Reserve any Reserve Police Officer—

(a)

at his or her own request;

(b)

if their conduct is unsatisfactory;

(c)

not likely to be, or having ceased to be, an efficient Reserve Police Officer;

(d)

for disobedience of orders;

(e)

whose services are no longer required;

(f)

having made a false declaration on enlistment;

(g)

having been irregularly enlisted;

(h)

medically unfit; or

(i)

having been convicted of a criminal offence.

19.

Change of Command.

On change of command of the Reserve, the officer handing over shall prepare for his successor, comprehensive handing over notes relating to the command in accordance with Change of Command Order in the Service Standing Orders.

20.

Duties associated with reserve rank.

(1)

Members holding a rank in the Police Reserve shall do so in accordance with direction provided to regular National Police Service officers of a similar rank.

(2)

Reserve rank shall be displayed and exercised for purposes of administering Reserve business.

(3)

If a reserve officer is unable to fulfill his or her duties and responsibilities because of time constraints, he or she may be subject to non-disciplinary reduction in rank.

21.

On-duty assignments.

The police reserve shall, when on regular duty with the respective police officers, be under the supervision of the police chain of command at all times and the reserve officer's name shall appear on all reports.

22.

Minimum qualifications and requirements For Police Reserve membership.

The minimum qualifications and requirements for police reserve membership shall be determined by the Commission from time to time.

23.

Equipment and Kitting.

A reserve officer shall─

(a)

be issued uniforms and all designated attire and safety equipment; and

(b)

return all property issued to them upon termination or resignation.

CHAPTER 55 – POLICE DOGS
1.

General Purpose.

(1)

A Police Service Dog shall be continuously trained and assessed.

(2)

When deploying a Police Service Dog, the commandant shall consider─

(a)

the nature of the crime;

(b)

the operation or circumstances present;

(c)

the immediate threat posed to the safety of officers and others; and

(d)

whether a suspect is actively resisting arrest or attempting to evade arrest at the time.

(3)

The functions of a Police Service Dog shall include—

(a)

track and search for suspects;

(b)

search and rescue of missing or vulnerable persons;

(c)

search for unauthorized or illegal materials;

(d)

search for property or other evidential material;

(e)

control or contain spontaneous and sporadic disorder;

(f)

protect vulnerable areas, buildings, police stations, police posts and outpost;

(g)

use of force - chase and detain, chase and stand off, chase and recall, weapon attack or attack on handler;

(h)

pursue and detain a fleeing suspect and assist in their arrest;

(i)

detain an armed or violent offender or suspect;

(j)

provide support and security for the operational officers; and

(k)

attending shows, presentations and competitions.

2.

Search and Apprehensions.

(1)

A Police Service Dog shall not lead the search for a suspect unless the handler believes it is reasonably and necessary.

(2)

A Police Service Dog Handler shall not allow their dog to engage a suspect that has voluntarily submitted to arrest or is in physical custody.

(3)

Verbal warnings shall be issued prior to the deployment of the National Police Service dog, unless circumstances exist that makes such warnings impractical or unsafe.

(4)

Searches of populated areas shall be done on lead until the dog locates a suspect, the dog may then be deployed off lead in accordance with this order.

3.

Injury caused by a National Police Service Dog.

(1)

Subject to section 61(2) of the National Police Service Act (Cap. 84), where a person is injured by a Police Dog, the police officer shall─

(a)

examine the injured person for injury and ensure that they receive prompt and appropriate medical attention;

(b)

record the incident in the Occurrence Book of the Police Station;

(c)

submit a report of the incident to the respective headquarters;

(d)

obtain photographs of the injury; and

(e)

obtain witness statements.

(2)

The National Police Service Dog Handler shall document the use of force in a Case Report and through the use of Force report.

(3)

The National Police Service Dog activity shall be tracked in a computerized database and entry of data shall be the responsibility of the Dog Handler.

4.

National Police Service Dog Carrier.

(1)

A team shall be assigned a Police Dog carrier.

(2)

A Police Dog carrier shall not be used for private purposes.

(3)

A Police Service Dog Officer shall be allowed to keep his or her squad at their residence, and to use them as follows—

(a)

driving to and from work;

(b)

during the Police Service Dog Team’s normal hours for duty;

(c)

transportation for Police Service Dog to a veterinarian;

(d)

transportation of Police Service Dog related equipment;

(e)

transportation to Police Service Dog related training;

(f)

if the Police Service Dog Handler is required to be away from their vehicle and the dog is in the vehicle, the vehicle shall be locked and appropriate ventilation shall be provided;

(g)

Police Service Dog Handlers shall carry an exposed bite sleeve available in the trunk of their vehicle at all times; and

(h)

when operating a dog carrier, duty handlers shall be armed with their duty weapon, shall have handcuffs and shall possess a Certificate of Appointment, including a badge.

5.

Police Service Dog Training.

(1)

A newly posted Police Dog Handler shall undergo preliminary training before the handler is certified for active duty.

(2)

A Police Service Dog Team shall obtain certification, prior to active duty, in—

(a)

patrol and tracking of narcotics, explosives, firearms and ammunition; and

(b)

search, rescue and demining use.

(3)

A Police Service Dog team shall regularly engage in maintenance, training and periodic certification.

(4)

A Police Service Dog Unit personnel shall not keep or train their dogs or dogs for private individuals without the express consent of the Commandant of the Police Service Dog Unit.

(5)

The Police Service Dog Unit shall develop safety and control measures within the Unit standing Orders that provide for─

(a)

training;

(b)

kenneling;

(c)

transportation;

(d)

noise;

(e)

clothing and equipment; and

(f)

operational deployment.

(2)

The Commandant of the Police Service Dog Unit may authorize any breed to be trained to perform any other duty relevant to police work.

6.

Records.

(1)

A National Police Service Dog Handler shall maintain a record of all the activities of the National Police Service Dog including the medical records, training material, certificates and calls for service.

(2)

The records of National Police Service Dog may be inspected by the supervisor at any time.

7.

Drug used for Training.

(1)

The Officer In Charge of Narcotics shall be responsible for every narcotic used in training of Police Service Dogs.

(2)

A narcotic used in training shall be stored in the drug-training storage locker in separate storage container designated for each substance.

(3)

A log on the movement of narcotics in and out of the locker shall be kept inside a locked drug-training locker with details of─

(a)

the officer receiving the training narcotics;

(b)

the date and time the handler took the narcotics from the drug-training storage locker; and

(c)

the date and time the handler returned the narcotics to the drug-training storage locker.

(4)

The key to the drug-training storage locker shall be kept by the Police Service Dog Handler and a copy kept in the Administration Sergeant’s key storage.

8.

Allocation of numbers.

(1)

The Commandant of the Police Service Dog Unit shall allocate a number to every Police Service Dog taken on strength.

(2)

The Dogs shall be numbered consecutively in chronological order on being taken on strength the number being prefixed "POLDOG".

(3)

A register of all dogs shall be kept at the respective Unit headquarters with the following details of every dog—

(a)

the serial number;

(b)

the number allocated;

(c)

name;

(d)

sex of the dog;

(e)

date of birth;

(f)

type of breed;

(g)

date the dog training started;

(h)

date the dog's training completed;

(i)

nature of training;

(j)

name of the trainer or Dog master;

(k)

manner of disposal; and

(l)

the record of arrests made during its lifetime.

9.

Records on Police dog strength.

The Police Dog Unit shall keep a file on─

(a)

Police Dog History Sheet (P.73);

(b)

the strength of every Police Service Dog;

(c)

correspondences relating to the Police Dog; and

(d)

a detailed record of sicknesses and treatment issued to the Police Service Dog.

10.

Approved Police dog breeds.

(1)

The breed of dogs approved for police duty include─

(a)

Alsatian or German Shepherd;

(b)

Rottweiler;

(c)

Labrador;

(d)

Border Collie;

(e)

Belgian Shepherd or Malenois; and

(f)

Spaniel.

(2)

The Commandant of the Police Service Dog Unit may approve any other breed suitable for police work.

(3)

An Alsatian dog shall be trained in general detection, tracking and patrol work.

(4)

A Labrador Dog—

(a)

shall be trained to detect drugs or sniff of explosives; and

(b)

for accuracy in scent discrimination, no Labrador dog shall be trained to sniff both drugs and explosives.

(5)

A Sussex Spaniel dog shall be trained to detect explosives and narcotic drugs.

(6)

A Border collie dog and Belgian Shepherd (Malenois) dog shall be trained to detect drugs.

(7)

A Rottweiler dog shall be trained to patrol and to guard.

(8)

The Commandant may authorize any breed to be trained to perform any other duties relevant to police work.

11.

Request for services of police tracker dogs.

(1)

A police tracker dog may be used to assist in investigation.

(2)

A requisition to use a Police Service tracker Dog shall be made to the Police Dog Unit with the following details─

(a)

the date and time of the crime;

(b)

the nature of crime;

(c)

the reasons and manner in which a tracker dog could be usefully employed; and

(d)

definite information that footprints or other signs of scent exist, which are believed to be that of the criminal.

(3)

The Commandant of the National Police Dog Service may seek, where necessary, the support and services of other agencies.

12.

Requisition.

(1)

A requisition for an explosive search dog shall be made to the Dog master containing the details─

(a)

who the Dog handler shall report to on arrival;

(b)

situation report;

(c)

clarify if the officer requesting the assistance of the explosive search dog has ever used it before;

(d)

number, sizes and type of areas to be searched;

(e)

whether there is a time limit;

(f)

whether the area has been cleared of all booby traps;

(g)

whether the area had been searched before. If so, when and what was the outcome; and

(h)

whether there is a cordon.

(2)

A requisition for narcotic drugs sniffer dogs shall be made to the Dog master containing the details of where the place shall occur and the narcotic drug being searched for.

13.

Types of Police Dogs.

(1)

The types of police service dogs include─

(a)

protection dogs trained for patrol, tracking and guarding duties;

(b)

explosives detector dogs trained to detect explosive substances;

(c)

narcotics detector dogs trained to detect narcotic substances;

(d)

firearms and ammunition detector dogs trained to detect firearms and ammunition;

(e)

search and rescue dogs trained to assist in search and rescue during disaster;

(f)

demining dogs trained to detect mines;

(g)

show and competition dogs trained for social events and field trial competition; and

(h)

any other type of dog that the nature of duty may demand.

(2)

A Police Service Dog shall not be used in a school except when authorized by a County Commander.

14.

Conditions for employment of National police dogs.

(1)

A person requesting for a National police dog shall study the conditions favorable for employing National police dogs and handicaps to avoid wastage by reason of the dogs being requisitioned to work in cases with insufficient, mixed or no scent.

(2)

The notes on scent and handicaps contained in Appendix 55 (a) of these Orders are given as a guide.

15.

Guidance on Preservation of spoor and scent bearing articles.

(1)

To preserve spoor and scent-bearing articles found at the scene of an incident from interference—

(a)

the articles should be covered immediately with a box or piece of board and carefully guarded;

(b)

the articles used for covering should not have a strong smell and should be handled as little as possible to avoid the mixing scents;

(c)

the covering should not come into contact with the spoor or scent-bearing articles;

(d)

the area where the incident occurred shall be properly guarded and, when practicable, kept clear of persons, animals and all traffic; and

(e)

articles on the premises, which is likely to afford a scent to the dogs shall not be interfered with and where there is interference the Dog handler shall be informed.

16.

Operations at the scene.

(1)

When the dog handler of a tracker dog arrives at the scene of an incident he shall be receive a brief on the particulars of the case.

(2)

The Officer-in-Charge of the case shall not interfere with the functions Dog Handler while on the trail.

17.

Police Dog Escorts.

(1)

A dog handler and a Police Service Dog shall receive a police escort when tracking or patrolling, and both the handler and the escort shall be armed when working.

(2)

In a centre where police dogs are used regularly, a number of escort personnel shall undergo a training course with the local Dog Unit on─

(a)

the manner in which Dog handlers and dogs’ work, so that they can assist the handler when necessary, or take over the dog in an emergency; and

(b)

the handling and firing of revolvers or pistols.

(3)

The duty of the police escort is to—

(a)

protect the handler and the dog from injury by criminals, for this purpose the escort shall remain as close as possible to the handler without impeding the work of the handler or dog; and

(b)

arrest, disarm and search any criminally disposed person encountered by the patrol.

(4)

A Dog handler and escort employed on tracking and patrol shall carry pistols secured in a holster and assault rifles, respectively, which shall be fully loaded and sufficient rounds of ammunition carried in a pouch.

(5)

The Service instructions regarding the use of firearms as laid down in Appendix 58 (a) of Service Standing Orders shall be complied with.

18.

National Police Dogs as a form of force.

A police dog is a means of effecting arrest by force and shall be used in accordance with Chapter 47 Section G of this Order, the instructions in the Dog handling manual and the provisions of the Sixth Schedule Part A and C of the National Police Service Act (Cap. 84).

19.

Dog Patrols.

(1)

A Dog patrol may be established at a Police Stations with permanent kennels under the directions of the Commandant of the Police Service Dog Unit or respective Dog Unit.

(2)

The personnel and dogs on dog patrol shall not remain away from their parent dog units for more than one month.

(3)

Station Commanders with dog patrols shall ensure that each handler and the dog receive one night off per week and that dogs are bathed against infection every ten days.

(4)

The station commander shall ensure that kennels under their command are well groomed, fed and exercised properly.

(5)

Dog handlers shall ensure that dogs attached to them are taken care of as per the conditions given by the veterinary officer and the local Officer–in-charge Dog Unit.

20.

Sick or Injured Dogs.

A sick or injured dog shall be taken immediately to the nearest Veterinary Officer for treatment by the dog handler, and the local Officer-in-Charge Dog Unit shall be informed promptly.

21.

Disclosure of Evidence.

Any admissible evidence disclosed as a result of the use of dogs shall be given by the Dog handler concerned.

22.

Occurrence Book.

(1)

There shall be an Occurrence Book kept at each Dog Unit with details of─

(a)

the departure and arrivals of all dog patrols;

(b)

requests received and action taken on all special calls; and

(c)

report of any incident arising from the use of police dogs.

(2)

The Dog master in-Charge of the Section shall inspect the Occurrence Book and record in the Occurrence Book the result of such inspection.

23.

Maintenance of Police dog Kennels.

The Kennel of a police service dog shall be cleaned with a weak solution of disinfectant at least three times a week and inspected frequently by the officer-in-Charge of the Section concerned.

24.

Inspection of County Dog Section.

The County Dog Section shall be inspected on quarterly basis by the Commandant of the Police Service Dog Unit, the Directorate of Criminal Investigation and the Directorate responsible for Inspections, and a record of such inspections entered in the Officers’ visiting book held at the section concerned.

25.

Inspection of dogs by government veterinary doctor.

(1)

The Police Service dogs in sections outside Nairobi shall be inspected on quarterly basis by a government veterinary officer and a report obtained on the health, condition and general fitness for duty of each dog.

(2)

A record of these inspections showing the date and signed remarks of the Veterinary officer shall be maintained in the file of each dog.

26.

Death and mercy killing of police dogs.

(1)

The Commandant of the Police Service Dog Unit may authorize the mercy killing of a police dog where a Veterinary Officer certifies that the dog is suffering from an incurable disease or any injury which shall permanently incapacitate the dog for further police duty.

(2)

The County Dog Master, may authorize the mercy killing of a police dog where a delay in obtaining the Commandant's permission would cause unnecessary suffering to the dog.

(3)

When the authority to kill the dog is obtained, the dog shall be euthanized and a death certificate issued by the administering veterinary officer.

(4)

The death certificate shall be forwarded to the Commandant of the Service Quartermaster through the Commandant of the Police Service Dog Unit.

(5)

Where a police dog dies, a post mortem shall be performed by a Veterinary Officer to ascertain the cause of death and the certificate, together with a detailed report on the circumstances of death and the completed History Sheet, forwarded to the Service Quarter Master through the Commandant of the Police Service Dog Unit.

27.

Police Dogs Daily Ration.

(1)

The scale of daily ration for police dogs shall be determined by the following factors—

(a)

size of the dog;

(b)

breed;

(c)

age;

(d)

nature of duties; and

(e)

health status.

(2)

The quality of dog food shall be as provided the Kenya Police and Administration Police Standard of Complete dog food approved by Kenya Bureau of Standards.

(3)

The Officer in charge of the Dog Unit for the respective Service shall, in consultation with a dog expert, form the police standard complete dog foods specification.

28.

Veterinary care of dogs.

(1)

All dogs owned by the Police Service shall be vaccinated, de-wormed and treated for fleas in line with current best advice and practice.

(2)

No unnecessary suffering shall occur as a result of injury or illness, with appropriate veterinary care and treatment being sought as required.

(3)

Where a qualified Veterinary Surgeon advices that as a result of an injury or illness, that the most humane treatment to prevent suffering is euthanasia of the animal then this advice shall be considered.

29.

Retirement of Police Dogs.

(1)

A Police Dog may be retired when—

(a)

the dog fails to achieve license standard due to age, illness or skill level; or

(b)

the dog is of an age or physical condition that it is decided to withdraw its license to prevent injury or harm.

(2)

A Nominated Officer shall decide on how the animal is retired.

1.

Favourable conditions and the handicaps to the employment of tracking dogs

(1)

Scent is an effluvium which is constantly issuing from the pores of all humanbeings and animals. It consists of minute particles which, driven by the wind, comes in contact with the dog and enable it to discover the proximity of the object of pursuit. It also clings to the ground whereon one walks, and on one’s special belongings or to any object one handles. It shall be appreciated how easily scent is intermixed by two or more persons traversing the same ground, or by a stir of movement in the air, e.g. vehicles being driven in opposite directions.

(2)

Experience has shown that unless a person has made contact with something, in other words walking on the ground, handled an article, or his or her wearing apparel, his or her scent does not remain or "lie" very long. This is illustrated by the culprit who leaves the scene of crime on a bicycle. Although his or her body or feet are very close to the ground as he or she rides along, he or she makes no actual contact, and scent is consequently very soon absorbed by the heat or blown away.

(3)

It is an important point to decide whether there is sufficient scent left for the dogs to work on. With regard to this point, the weather and ground conditions play an important part. It should also be borne in mind that some dogs sniff better than others.

(4)

Despite the hard nature of iron bars, picks, shovels, sticks, glass and similar objects, sufficient scent is left thereon to enable a dog to work successfully.

2.

The chief handicaps

The following are the chief handicaps met with in so far as scent is concerned—

(a)

Mixed Scent:- Dogs may not be able to follow a specific scent in a crowded city street due to mixed scent;

(b)

Wind:- Wind blows scent away. The stronger and hotter the wind, the sooner the scent dissipates;

(c)

Heat:- Heat absorbs the scent. The higher the temperature, the sooner the scent is absorbed;

(d)

Ground Conditions:- Scent "lies" best on soft, rich, damp ground. The harder and drier the surface the less scent there shall be, and the sooner it shall be absorbed and blown away. It is always necessary to consider weather and ground conditions supervening since the criminal left the scene of the crime;

(e)

Carcasses, Fish and Skins:- Meat, fish, skins and hides smell stronger than scent, so that, no matter how much they are handled, the dog shall be unable to pick up the scent of the person who handled them;

(f)

Lime, Pepper, Petrol, Cattle Dip, Tobacco and Disinfectants:- The smell of these is so strong that the olfactory nerves of the dog are irritated to such an extent that it is impossible for it to pick up the scent;

(g)

Garages, Oily or Highly Polished Floors:- The smell of these makes it very difficult, and in many cases impossible, for the dog to take up scent. In such cases the strength of the smell is the deciding factor;

(h)

Blood:- The smell of blood is stronger than scent, so that in the event of the scent-bearing article being covered with blood, or the impression of the foot being made in blood, the dog shall be unable to pick up the scent;

(i)

Rain Water:- Should floods or water run over the footprint or the scentbearing articles, all scent is washed away and the dog cannot pick it up, but should it be a soft rain and the water does not run, the dog should be able to work such a trail, provided it is not very old;

(j)

Asphalt or Macadamized Surfaces:- Owing to the hard and dry nature of the surfaces, very little scent is left thereon and owing to the heavy traffic usually found on such roads, scent is very soon destroyed. There is also a strong smell of the tar on the road or street which makes it more difficult and in most cases impossible for the dog to follow a trail thereon;

(k)

Animals:- The scent of cattle, sheep, goats and most other animals’ is much stronger than that of humans. It is therefore difficult for a dog to track a cattle thief who has driven stolen stock in front of him or her, due to the animals scent obliterating that of the thief. Dogs can be used however to track thieves who have slaughtered an animal and have carried the meat away.

3.

Daily routine at kennel

Daily routine to be carried out in respect of each dog shall be as follows—

(a)

grooming and exercisingin order to reduce the risk of diseases of the bladder, bowels and skin dogs shall be groomed once and exercised at least twice daily, obedience exercise;

(b)

manwork training including circling, tackling and escorting, tracking, windscenting,

(c)

night training shall be given at least twice a week and shall cover all the training duties mentioned under subparagraphs (a) and (b); and

(d)

attack training including self defence, tackling and escorting.

4.

Hours of training

(1)

Having regard to the locality and the season of the year, the hours during which training shall be carried out shall be laid down by the Dog Handler in-charge of the Section.

(2)

Training shall be arranged to avoid working dogs during the heat of the day.

5.

Standers required

(1)

It is to be understood that the routine given above is only a guide. Dog masters shall be responsible for their dogs being up to the high standard required.

(2)

Older animals or dogs with physical defects shall not be worked hard or made to perform tasks which could in any way affect their well being.

6.

Dog Handling Training

(1)

All man work training shall be planned and supervised by the Dog master.

(2)

Training shall include practice in dealing with one, two and three unarmed or armed criminals.

(3)

All work shall be made as realistic as possible, patrol dogs and handlers shall be trained to deal with sudden incidents involving chases, of suspects on foot, riding bicycles or who attempt to board vehicles.

(4)

Times and areas of training shall be varied so that dogs become accustomed to working under all conditions.

(5)

Training shall be given in releasing dogs from police vehicle after fleeing suspects. Patrol training shall ensure that all dogs are reliable and that they shall not attack innocent person(s) while working in populated areas.

7.

Interest in other animals

Dogs shall be discouraged from showing keen interest in other animals while on duty as this distracts them from alert patrolling.

8.

Dogs not used for tracking

Patrol dogs not normally used on tracking duties shall be given windscenting training. This shall include searching of open areas and premises such as warehouses. While performing this task, dogs shall be kept on a long lead and the area searched under the direct control of the handler.

9.

Laying of practice trails

(1)

Dogmaster shall personally supervise the laying of practice trails. The seven fundamental trails for tracking are as follows, and the dogs shall be practiced on all of these to provide a variety of experiences—

(a)

Straight;

(b)

half-circle;

(c)

straight. across a road or footpath;

(d)

straight with one right-angle;

(e)

straight with two right-angles;

(f)

three-quarter circle; and

(g)

in the shape of an "S", with points at least 200M apart.

(2)

Whilst practising the trails, under paragraph (1) obstacles such as rivers, railway line and roads should be included.

10.

Locality

Dogs are not to be worked on practice trails of which the exact locality is not well known to the Dogmaster. Such trails should be so laid that, while they do not provide an indication for the dog and its handler, they nevertheless furnish means whereby the Dogmaster shall know immediately the dog has definitely left the trail and has lost the scent.

11.

Variety of experience

As much of the efficiency of police dogs depends upon the variety of experience they are given, the Dogmaster shall use his or her initiative to obtain different casual trail layers to lay trials and thus provide strange scent. He or she shall also provide a variety of articles for the trail-layers to use on trails. These should include wood, cloth, leather, paper and other similar materials but no glass or anything which may injure the dog’s mouth. The number of articles dropped and the distance between them shall be varied so that the dog cannot anticipate where they are to be found. The trail layer shall be prevented from habitually leaving the articles or concealing himself near object or bushes. This procedure creates a tendency in the dog to run to every object in sight to look for the articles instead of seeking them out with its nose.

12.

Freedom to work the trail

When working in trail, the handler shall not move close to the dog. The animal shall work at full length of the line which shall always be slack, so that the dog shall have absolute freedom to work the trail and to keep up any direction his sense of smell tells it to be correct. In no circumstances shall the dog handler guide the dog with the line or chastise the animal with it.

13.

Giving scent

The dog should not always be given scent from the mark made by the foot of the trail-layer; this, on occasions, should be varied by a hat, stick or other articles handled by the trail-layer so as to accustom the dog to conditions likely to be encountered on criminal trials.

14.

Working a practice trail

Dogs should work a practice trail calmly and without looking back. There is no objection to the dog "coming back" or "circling" in front of the Dog master when it has lost scent in an endeavour to take up the trail again. Dog handlers should, on practice trails, use every endeavour to induce the dog to pick up scent again. They should not be hasty to rebuke the dog when it has apparently lost scent. An appreciable length of time should be allowed to permit the dog to take up the trail or uttering censure, as the effect of the latter might cause the dog to go ahead, its fear of censure overcoming the intention of picking up the trail.

15.

Chastising the dog

It would be extremely detrimental to the dog if it is chastised when it might be on the correct trail unknown to the handler or on the other hand allowed to "walk" on aimlessly when off the trail without being checked. The handler shall not interrupt the dog by unnecessary talking and repetition of commands.

16.

Trails to be worked at different hours

Trails should neither be worked at the same hour each day nor over the same ground. When dogs are proficient at tracking on fresh trails, practice should be given on working older trails to accustom the dog to conditions met with on older criminal trials.

17.

Changing venue of trails

The venue of trails should be changed as often as possible so that the dog shall not be able to anticipate the direction of trail-layers.

18.

Transporting dogs to venue of trails

Dogs should be transported to the venue of trails to ensure that they are fresh and ready for tracking.

19.

Swimming exercise

Swimming exercises should be given where facilities exist.

(1)

An officer in charge of a station having a police dog on detachment under his/her command, shall—

(a)

have a report daily on dog performance while on patrol or tracking, and where the performance is below the expected, to communicate that to the County dog Master, this is important in order to monitor dog performance for prompt action where necessary;

(b)

visit the kennel premises for inspection daily. A good, well kept dog is appealing to everyone’s eye, not the handler alone. This is to make sure that the dog handler observes his or her responsibilities daily and that the dog is well maintained and kennel compound kept clean;

(c)

make immediate repairs to kennel where found with cracks or roof leaking;

(d)

return the dog to Unit after thirty days on detachmen, this is necessary for routine medical check-up and regular training of the dog;

(e)

arrange for immediate return to the Unit or visit nearest Veterinary officer if the dog is noticed to be sick;

(f)

ensure that dogs work within the stipulated hours—

(i) Night Patrol - 6 hours;
(ii) Mobile Patrol - 8 hours;
(g)

not deploy any dog handler for any duties other than dog patrols and tracking cases;

(h)

deal with the dog handler accordingly where the handler acts or conducts himself or herself contrary to Discipline Order in these Service Standing orders.

(2)

Any loss of police dog or fall of its standard of performance as a result of unnecessary delay to take action shall be taken to be negligence on the part of the officer in charge of a station and therefore held responsible for the loss or poor performance of the dog. The commandant may order withdrawal of dog services from such stations or recall the dog handler to the Unit for redeployment.

NAME .................................................

DESCRIPTION

Breed

Colour

Sex

Date of Birth

Distinguish Marks

TRAINING DETAILS

Type of Training

Date Commenced

Date Completed

Trained by

VETERINARY HISTORY

Date

Illness Date admitted to Sick Bay

Treatment

Date released from Sick Bay

IMMUNIZATION DATES

Anti- Rabbies

Hepatitis

Leptospirosis

Parvo Virus

Date of Death/Casting.......................................................................................

Cause Death or Authority for casting........................................................................

Date of Death/Casting ......................................................................................

Cause Death or Authority for Casting .......................................................................

(1)

A dog handler while on detachment shall—

(a)

report to Officer in Charge of a Station, every morning and brief him or her on—

(i) Dog performance during patrols or tracking cases; and
(ii) Dog health.
(b)

clean kennels daily every morning to maintain, high standard of hygiene;

(c)

groom the dog daily to remove ticks and dead or loose hair;

(d)

make sure that the dog has fed by 4.00 p.m. every day;

(e)

bath the dog every 10 days with dip pesticides to prevent parasites infestation especially the ticks which transmit fatal tick fever;

(f)

exercises the dog daily to maintain the alimentary tract tone;

(g)

keep kennel surrounding clean with grass cut short always to prevent pests infestations’ like rodents which transmit serious dog diseases. Clean surrounding shall prevent ticks crawling into the kennel also;

(h)

notify the Officer in Charge of a Station of his or her movements around so that he or she can be easily contacted if need be;

(i)

report immediately to Officer in Charge of a Station any sick dog so that necessary arrangements are made either to visit nearest Vet or transport the dog back to the Unit;

(j)

explain to the Officer in Charge of a Station, the type of dog he or she is having at the station. This is important especially where there is one dog to ensure working hours for the dog are well balanced in case the dog is to be used for both patrol and tracking;

(k)

not attend duties assigned to him or her which are not related to dog handling. This is noted where station Commanders deploy handlers to guard duties, roadblocks and the likes.

Any poor performance of the dog both in health and training as a result of irresponsible care and maintenance by the handler shall be deemed as wilful negligence on the part of the handler. Such a dog handler shall be dealt with accordingly by the commandant Police Dog Unit.

CHAPTER 56 – POLICE STATION MANAGEMENT
1.

Designated Police station

The Inspector-General shall, by notice in the Gazette, designate an area to be a police station.

2.

Officer in-charge of a police station.

An Officer in-Charge of a police station includes—

(a)

an officer designated to superintend on all affairs of a police station;

(b)

any officer superior in rank to an officer in charge of a police station;

(c)

includes when the officer in charge of the police station is absent from the station house, or unable from illness or other cause to perform his duties, the police officer present at the station who is above the rank of constable and is next in rank to the designated officer in-charge when such officer is absent from the station house or unable to perform his or her duties; or

(d)

any officer designated by the Inspector-General to be an officer in charge.

(e)

has the same meaning as station commander.

3.

Functions of a police station.

(1)

A police station shall be the Unit of police service delivery and shall—

(a)

be the center for the administrative and command function of all police services under the Service in a particular station; and

(b)

provide room for operational creativity amongst police officers from all the Formations or Units under the Service.

(2)

The Inspector-General shall ensure the development of procedures which facilitate uniform keeping of records at all police stations.

(3)

A police station shall register the victims of crime and violence within their area of jurisdiction and establish support schemes for the victims.

(4)

A police station shall establish a mechanism for receiving, recording and reporting of complaints against misconduct by any police officer.

(5)

The Inspector-General may establish out-posts and other units in accordance with the principles of the Constitution and the existing laws.

4.

Centre for the administrative and command functions.

(1)

All active law enforcement police operations shall be recorded in a police station or in police post, out post, and camp records in a given police station area that the operations are being carried out.

(2)

A police operational service shall, at any given time, be offered, processed and launched under the auspices of a specified police station, police post or outpost area, in accordance with the geographical or functional boundaries.

(3)

A unit, formation or other detachments of police officers undertaking active law enforcement operations shall be undertaken or operated from a specified police station.

(4)

A police station, which is established for a special function, shall be guided by the geographical reach of their functions in determining its boundaries and may extend into several other police stations situated in other geographical jurisdiction areas such as port and railway police stations.

(5)

All the police officers in charge of police posts, outposts and unit camps that fall under a given police station area shall undertake fortnightly policing operations analysis meetings at the police station to share information on the challenges within their areas and deliberate on creative approaches of addressing the challenges.

(6)

All police posts, outposts, camps and other police offices under a police station area shall, for the purpose of uniform record keeping and data capturing, submit the relevant reports and returns to the area police station for processing and other actions.

(7)

For service delivery, a police station both in its functional and geographical jurisdiction, together with the other police offices operating within the station area shall be points where a person seeking services of the police shall be served in entirety without being referred to any further place.

5.

Providing room for operational creativity.

For purposes of allowing operational creativity, a police station shall be a place that offers a platform for police officers to undertake crime mapping, analysis of crime statistics and trends, deployment of resources, brainstorm on counter-crime interventions, sharing of intelligence, implementation of community policing initiatives, mustering police networks and contacts and any other initiatives promoting harmony, effectiveness and efficiency in police operations including mutual support.

6.

Centre for command functions.

(1)

The Officer-in-Charge of a police station shall convene meetings in order to plan joint operations whenever intelligence or information indicates necessity for joint operation response or upon the request of an officer on a matter within the police station’s jurisdiction.

(2)

As a centre for command functions and a place that offers room for operational creativity, the Service and the Directorate of Criminal Investigations shall plan joint operations and deployments from the police station and participate in the development of the Station Standing Orders, plans, orders, budgets, deployments and strategies.

7.

Functions of officer-in-charge of a police station.

The functions of the officer-in-charge of a police station shall be to ensure the—

(a)

effective and efficient day-to-day administration and operation of the police station;

(b)

implementation of policies and directions of the Service at the station;

(c)

recording of all reports or complaints from members of the public and ensuring that appropriate action is undertaken;

(d)

supervision, co-ordination and training of police officers in the police station;

(e)

establishing and maintaining of a relationship between the station, outposts, patrol bases, unit bases, the community and other government agencies;

(f)

transparency and accountability in the police station;

(g)

engagement in joint security operations between the Service and other government agencies or other security organs in order to ensure the safety and security of the public; and

(h)

performance of such other duties, as may be assigned, by the Sub-County Commander.

8.

Responsibilities of the officer-incharge of a police station.

In addition to the day-to-day administration of a police station, a Station Commander shall be responsible for—

(a)

ensuring that all complaints received are properly recorded and investigated;

(b)

personally, visiting the scene of every serious crime;

(c)

taking necessary steps to deal with any outbreak of crime, and for organising special police operations;

(d)

keeping sub-county commanders fully informed on matters affecting crime and security in his or her area;

(e)

ensuring close co-operation with representatives of all government departments in his or her area;

(f)

carrying out two nightly inspections of the station each week, one before and one after midnight;

(g)

ensuring that members of staff who do not normally perform night duties perform “night round” each week one before and one after midnight”; and

(h)

ensuring that all police officers in a police station have a thorough knowledge of the station area including the full particulars of known criminals and suspected and wanted persons.

9.

Police station organization.

(1)

In order to ensure the efficient and effective management of a police station, the Officer-In Charge shall organize police officers in the station he or she is in charge of, into the following sections—

(a)

a planning, research and logistics section that has staff drawn from the members of the Services and Directorate of Criminal Investigations and deals with—

(i)

development and implementation of operational strategies and objectives;

(ii)

crime, data analysis and research;

(iii)

organizing and processing the collection of intelligence;

(iv)

victims support service;

(v)

oversight role, inspections and audit;

(vi)

monitoring and evaluations;

(b)

an administration section that shall be personally supervised by the Officer-In-Charge of the police station with some duties delegated to the deputy in a police station, and shall be divided into the following units—

(i)

general administration and training unit which deals with correspondence, reports and returns, kit inspection and clothing exchange and annual budget project; and

(ii)

a training unit which deals with, riot drill, foot and arms drill, parades, lectures, range practice and courses general;

(c)

a welfare and discipline section which shall deal with—

(i)

inquiring into disciplinary offences;

(ii)

fatigues and inspection in the lines;

(iii)

games and sports organization;

(iv)

provisions of canteen;

(v)

cinema shows, distribution of books, magazines and periodicals;

(vi)

teaching of hygiene and home crafts; and

(vii)

visits to sick officers either in quarters or in hospitals.

10.

Operation section.

(1)

The operation section shall have the following subsections‒

(a)

the Crime Branch which shall be headed by an officer of the rank of Inspector to be known as Officer-In-Charge Crime and the police officers in the operation section may operate in both uniform and civilian clothes and shall deal with—

(i) investigation of serious crimes;
(ii) detection of crimes;
(iii) apprehension of offenders;
(iv) receiving of information from informers;
(v) investigation of fire reports and sudden deaths;
(vi) organization of raids and ambushes;
(vii) taking prisoners and case files to court; and
(viii) maintenance of crime branch records;
(b)

the Petty Crime Units which shall be headed by an Inspector in large station or a non-Commissioned Officer or constable in small stations and shall support the crime branch in—

(i) detection of petty crimes;
(ii) apprehension of criminals;
(iii) receiving of all persons arrested for petty offences;
(iv) investigation of petty offences;
(v) maintenance of petty crime records; and
(vi) taking of persons charged with petty offences and case files to court.
(c)

the Beat and Patrol, may be headed by an inspector or a Non-Commissioned Officers to perform the following functions‒

(i) prevention of crime;
(ii) apprehension of offenders;
(iii) safeguarding of property;
(iv) maintenance of law and order;
(v) preservation of peace;
(vi) assists members of the public in need; and
(vii) collection of intelligence;
(d)

the Traffic, which shall be headed by an Inspector or Senior Non-Commissioned Officers and shall deal with‒

(i) the prevention of accidents;
(ii) the free flow of traffic; and
(iii) the proper enforcement of all laws relating to traffic matters;
(e)

the Report and Inquiry Office shall constitute the reception office in which two police constables shall be deployed, one as a report office officer and the other as a station cell sentry whose main functions shall be to‒

(i) receive and record reports in the occurrence book;
(ii) direct reporters to the appropriate section of a police station;
(iii) maintain the police station records at report office which records may include the occurrence book, cell register, requisition for meals receipt book and prisoners’ property book;
(iv) cleanliness of the station block;
(v) caring of prisoners in cells;
(vi) lowering and hoisting of flags; and
(vii) caring of prisoner’s properties.
(2)

The Report and Inquiry Office personnel shall be supervised by a Non-Commissioned Officer.

(3)

In addition to the duties performed by the sections provided under paragraph (1), the police officers in a police station may perform other duties such as court orderlies, guards to the very important persons and bank escort.

11.

Prohibition against torture or cruel treatment

(1)

It shall be unlawful for a police officer to subject any person to torture or other cruel, inhumane or degrading treatment.

(2)

A police officer who subjects a person to torture commits a criminal offence and shall be liable, on conviction, to imprisonment for a term not exceeding twenty-five years.

(3)

A police officer who subjects a person to cruel, inhumane or degrading treatment commits a criminal offence and is liable, on conviction, to imprisonment for a term not exceeding fifteen years.

12.

Arrest and detention rules

(1)

In the performance of the functions and exercise of the powers of arrest and detention set out in the Constitution, these Orders or any other law, a police officer shall carry out arrest and detention only as provided for in law.

(2)

A police officer shall accord an arrested or detained person all the rights set out under Articles 49, 50 and 51 of the Constitution.

(3)

A police officer shall use force, in accordance with the provisions of the Constitution and any other written law.

(4)

A police station shall have a lock-up facility for detaining arrested persons which shall—

(a)

have hygienic conditions conducive for human habitation;

(b)

have adequate light, toilets and washing facilities and outdoor area;

(c)

have separate places for men and women;

(d)

separate juveniles and children from adults;

(e)

separate police detainees from convicted prisoners.

(f)

ensure that women cells are secured with two padlocks and the keys to each padlock shall be kept by different officers and that a male police officer shall only visit a female cell when accompanied by another police officer; and

(g)

feed prisoners or detainees in accordance with regard to their customs or beliefs as much as practicable.

(5)

A police officer shall carry a firearm into a lock-up in accordance with the law.

(6)

A detained person shall be entitled to enjoy all the rights that do not relate to the restriction of liberty.

(7)

A police officer in charge of a police station or other place of detention shall maintain a register in which the following particulars in respect of detained person shall be entered—

(a)

name, sex and age;

(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 the interrogators; and

(g)

date and time of any transfer of the detainee to another place of detention.

(8)

A police officer in charge of a police station shall appoint an officer who shall be responsible for the detainees’ welfare and for updating the register.

(9)

A person who has been detained shall have the right to—

(a)

communicate with and receive visitors or members of his or her family subject to reasonable conditions and restrictions necessary for the realization of exceptional needs of the subject investigation which shall be provided in the standing orders;

(b)

inform family members of the arrest, detention and place of detention where possible;

(c)

access medical assistance when required; and

(d)

file a complaint against ill-treatment, which shall be investigated by the Independent Police Oversight Authority.

(10)

A person who has been detained shall not be held in any other place except a designated and Gazetted lock-up facility.

(11)

A lock-up facility shall be open for inspection, including unannounced visits by both the Independent Policing Oversight Authority and the Cabinet Secretary responsible for matters relating to security, or their representatives and in cases of unannounced visits—

(a)

officers responsible for the facility shall co-operate fully with the persons making the visit;

(b)

recommendations may be made for improvement of the lock up facility, which shall be binding upon the police; and

(c)

the detained person shall be entitled to communicate freely with persons making the visit and as far as practicable shall ensure their conversation is not overheard by anyone.

(12)

Where a detained person dies in custody, the officer in charge shall notify the Independent Oversight Authority and any other body required by law to be so notified, for the purpose of investigations.

(13)

A police officer who contravenes the provision of this Part or these Standing Orders shall be personally guilty of a disciplinary offence and may be tried for a criminal offence.

(14)

A police officer who fails to comply with the requirements set out in paragraph (1) commits an offence.

13.

Daily crime and incidents reports

(1)

The officers in-charge of Police Stations shall dispatch to their Sub-County Commanders not later than at 0830hrs, on a daily basis, comprehensive reports on offences—

(a)

under the Penal Code (Cap. 63);

(b)

under the Anti-corruption and Economic Crime Act (Cap. 65);

(c)

under the Sexual Offences Act (Cap. 63A);

(d)

under the Narcotic Drugs and Psychotropic Substances (Control) Act (Cap. 245);

(e)

where firearms have been used and serious incidents including fatal or serious road accidents reported to their stations during the preceding twenty-four hours occurring in their police station jurisdiction.

(2)

The report under paragraph (1) shall be comprehensive and shall contain all the essential details including details on the—

(a)

station;

(b)

division;

(c)

criminal number or occurrence book number;

(d)

date, time and place where offence occurred, and shall provide the map reference of the place or township, road or street, where the offence occurred;

(e)

date and time that the crime was reported to the police;

(f)

name of complainant;

(g)

brief circumstance under which the offence was committed while providing the details on how the offence was committed;

(h)

name, age and tribe of the accused;

(i)

status of the case;

(j)

any previous report; and

(k)

name and rank of investigating officer.

(3)

Where practicable to do so, the daily crime and incident report on security and economic grounds shall be sent through the police radio network or other technologically secure means.

14.

Returns.

(1)

All returns shall be submitted regularly and correctly when they become due for submission.

(2)

Where delay occurs in submission of returns, a report giving reasons for such delay shall accompany the returns.

(3)

The returns shall be checked and signed by the Officer-in-Charge and shall be submitted as follows—

(a)

daily returns that shall comprise of—

(i) crime and incidents; and
(ii) radio situation reports;
(b)

weekly returns that shall comprise of—

(i) casualty return;
(ii) dead bodies; and
(iii) statistics;
(c)

fortnightly returns that shall provide for details on law and order;

(d)

monthly returns that shall provide for-

(i) monthly intelligence;
(ii) public meeting and processions;
(iii) crime graph summary;
(iv) motor vehicle returns;
(v) dangerous drug offences;
(vi) traffic offences;
(vii) stationary plants;
(viii) nominal roll establishment or strength;
(ix) recovery of disciplinary fines;
(x) livestock returns;
(xi) prisoner’s meals;
(xii) canteen cess;
(xiii) expenditure of ammunition; and
(xiv) warrants summons.
(xv) complaints against police officers.
(e)

quarterly returns shall provide for details on—

(i) intelligence;
(ii) crime prevention strategies;
(iii) arms returns;
(iv) accident summary; and
(v) transfers.
(f)

annual returns shall provide for—

(i) human trafficking;
(ii) annual crime returns or penal-petty offences;
(iii) annual reports;
(iv) police cipher;
(v) ammunitions;
(vi) type writers such as duplicators, computers, laptops, photocopiers and other information, communication and technology items;
(vii) safes or cash boxes;
(viii) traffic in drugs;
(ix) accountable documents;
(x) lockers or cabinets; and
(xi) acts of terrorism.
15.

Obedience to orders, warrants and detection of crimes.

16.

Power to compel attendance of witnesses at police station.

The following procedures shall be observed in procuring attendance by witnesses—

(a)

a police officer may, in writing, require any person whom the police officer has reason to believe has information which may assist in the investigation of an alleged offence to attend a police station or police office in the County in which that person resides or is present at the material time;

(b)

a person who, without reasonable excuse, fails to comply with a request issued under h (a) or who, having complied, refuses or fails to give correct name and address and to answer truthfully all questions that may be lawfully put to him or her, commits an offence;

(c)

a person shall not be required to answer any question under this Chapter if the question tends to expose the person to a criminal charge, penalty or forfeiture;

(d)

a police officer shall record any statements made to him or her by any such person, whether the person is suspected have committed an offence or not, but, before recording any statement from a person to whom a charge is to be preferred or who has been charged with committing an offence, the police officer shall warn the person that any statement which may be recorded may be used in evidence;

(e)

any statement taken in accordance with this Chapter shall be recorded and signed by the person making it after it has been read out to him or her in a language which the person understands and the person has been invited to make any correction he or she may wish.

(f)

despite the provision of this paragraph, the powers conferred by this Chapter shall be exercised in accordance with Criminal Procedure Code (Cap. 75) the Witness Protection ActCap. 75) or any other written law;

(g)

the failure by the police officer to comply with a requirement of this paragraph in relation to the making of a statement shall render the statement inadmissible in any proceedings in which it is sought to have the statement admitted in evidence.

17.

Power to search without warrant in special circumstances

(1)

When a police Officer in-Charge of a police station, or a police officer investigating an alleged offence, has reasonable grounds to believe that something was used in the commission of a crime and is likely to be found in any place and that the delay occasioned by obtaining a search warrant under section 118 of Criminal Procedure Code (Cap. 75) shall substantially prejudice such investigation, the police officer may, after recording, in writing, in the occurrence book or in the officer’s notebook the grounds of such belief and such description as is available of the thing for which search is to be made, without search warrant, enter any premises in or on which the thing is suspected to be and search or cause search to be made for and take possession of such thing.

(2)

For purposes of conducting search under this paragraph—

(a)

the officer shall carry the certificate of appointment and produce to the occupier of the premises, on request; and

(b)

if anything is seized under paragraph (1), the police officer shall immediately make a record describing anything so seized and without undue delay take or cause it to be taken before a magistrate within whose jurisdiction the thing was found, to be dealt with in accordance with the law.

18. (1) A police officer shall—

(a)

take charge of all unclaimed property presented by any person or found to be unclaimed; and

(b)

deliver the unclaimed property without delay to the nearest police station.

(2)

Where any property has come into the possession of a police officer, the police officer shall furnish an inventory or description of the property within forty-eight hours, to a magistrate having jurisdiction in the area in which the property is found by, or handed to the magistrate, and the magistrate shall—

(a)

give orders for the detention of the property;

(b)

cause a notice to be posted in a conspicuous place in the magistrates’ court and at such police station as the magistrate may consider necessary; and

18.

Custody of unclaimed property

(1)

A police officer shall—

(a)

take charge of all unclaimed property presented by any person or found to be unclaimed; and

(b)

deliver the unclaimed property without delay to the nearest police station.

(2)

Where any property has come into the possession of a police, the police officer shall furnish an inventory or description of the property within forty eight hours, to a magistrate having jurisdiction in the area in which the property is found by, or handed to the magistrate and the magistrate shall—

(a)

give orders for the detention of the property;

(b)

cause a notice to be posted in a conspicuous place in the magistrates’ court and at such police station as the magistrate may consider necessary; and

(c)

if the property is a motor vehicle, check with the registrar of motor vehicles or the insurance companies.

(3)

The notice under h (2)(b) shall describe the property and require any person who may have a claim thereto, to appear before the magistrate or other persons specified therein and establish their claim within twelve months from the dates of the notice.

(4)

Despite subsection (3), if the unclaimed property is—

(a)

liable to deterioration, the magistrate shall deal with it in such a manner as may be appropriate; or

(b)

a firearm or ammunition, the magistrate may order that the property be disposed of in such manner as the Inspector-General may prescribe in Regulations.

(5)

If no owner establishes claim to the property within twelve months from the date of the notice, the property may be sold as shall be directed by the magistrate.

(6)

Where the unclaimed property has been sold in accordance with h (5), the proceeds of sale shall be paid to the person who establishes lawful claim, or if no lawful claim to the property has been established, the proceeds shall be paid into the governments’ revenue.

(7)

If the property is a dead person, the same shall be disposed at the lawful discretion of the relevant county government authorities.

19.

Responsibilities of the police post commander

(1)

In addition to the day-to-day administration of a police post, a post Commander shall be answerable to the immediate superior in the subject area of jurisdiction for—

(a)

the efficient administration of the post;

(b)

the prevention and detection of crime and the apprehension of offenders in his or her area;

(c)

ensuring that all complaints received are properly recorded and investigated;

(d)

personally visiting the scene of every serious crime;

(e)

taking necessary steps to deal with any outbreak of crime and for organising special police operations;

(f)

keeping his or her direct superior fully informed on matters affecting crime and security in his area;

(g)

ensuring close co-operation with representatives of all Government departments in his or her area;

(h)

carrying out two night inspections of his or her post each week, one before and one after midnight;

(i)

ensuring that members of his or her staff do regularly perform night duties perform "night round" each week once before and once after midnight"; and

(j)

ensuring that the police officers in the police station in which he or she is in charge of have a thorough knowledge of his or her area including the full particulars of known criminals, suspected and wanted persons.

20.

Procedure on arrest

(1)

A person who has been arrested by a police officer without a warrant under the powers conferred by sections 29, 30 and 37 of the Criminal Procedure Code, (Cap. 75)and all persons who have been arrested on a warrant of arrest shall be searched and placed in cells and relevant entries made in the relevant Occurrence Book at the respective posts, out-post and police station and the Cells Register.

(2)

All articles, including cash, taken by a police officer from an arrested person shall be entered in the prisoners’ property register which shall be kept in a safe or cash box provided for that purpose.

(3)

The Officer-in-Charge of a police station, posts, out-posts or bases shall have the cases investigated and referred to the relevant police station for recording and escort to Court.

(4)

A suspect may be detained in a designated police station,post, out-post or unit base until such time as he shall be taken before a court of law.

(5)

Despite paragraph (4), a suspect who has been detained shall be brought before a Magistrate within twenty-four hours after arrest or as soon as is practicable.

(6)

Where the detainee is a woman who is to be kept overnight, a female police officer or at least two male police officers shall be assigned to be in attendance while the woman is in detention or custody.

(7)

When the arrested person is required in another station, the investigating officer shall produce the person before a magistrate and apply for the remand of the suspect and conveyance to the police station where the person is required.

(8)

As soon as a suspect has been arrested and interrogated by the post investigation officers, the suspect shall be brought into custody in the station if the post is not a designated place of custody.

(9)

The custody station shall be notified of the need to collect the suspect under paragraph (8) from the post if the post has no means of transport and asked to provide an immediate escort for the suspect, on arrival the handing over post shall complete a suspect handing over register.

(10)

When a person has been taken into custody without a warrant, the Officer in Charge of the police station to which the person

has been brought shall bring that person before a subordinate court as soon as is practicable.

(11)

If it does not appear practicable to bring an arrested person before the appropriate subordinate court within twenty-four hours after he or she has been taken into custody, the Officer in Charge of a police station shall—

(a)

inquire into the case and, unless the offence appears to the officer to be of serious nature, release the person on his or her executing a bond with or without sureties, for a reasonable amount to appear before a subordinate court at a time and a place to be named in the bond; and

21.

Requests to Subcounty commanders

Where any request is made to a Sub-County Commander of the respective Service, the Commander shall, in conformity with the National Police Service Regulations and these Standing Orders, provide adequate police officers to a police station within a reasonable time.

22.

Disobedience of lawful orders

(1)

A member of the Service who disobeys or fails to comply with lawful orders or who contravenes the station standing orders, Service Standing Orders, any relevant Regulations or any written law, shall be reported to the officer’s immediate supervisor or officer who is above the rank of an Inspector without delay, for inquiry and necessary disciplinary action.

(2)

A decision or action resulting from the provisions of this paragraph shall be made known to the officer who raised the complaint and all complaints shall be acted upon.

23.

Requests for assistance

(1)

A police officer shall, where necessary, notify his or her immediate commander when the officer finds it necessary to get assistance regarding the criminal justice processes.

(2)

Where assistance is requested as provided under paragraph (1), it shall be promptly provided in the interest of justice and law enforcement.

24.

Responsibility of officers

(1)

A police officer at a police station shall be answerable to his or her superiors and to the law in the execution of his or her functions and the mandate of the Service.

(2)

The decisions on the suspects and exhibits held at the police station shall lie with the station commander, subject to lawful direction from his or her superiors and to written laws, orders, directions and relevant regulations.

25.

Commencement of criminal process at police posts

(1)

Where criminal processes are commenced at a police post, outpost and other police offices, the police station shall provide the criminal register number (C.R) to the responsible post commander.

(2)

The post commander shall nominate the investigating officer to investigate the case if it is to be investigated at the post.

(3)

A case which has special complexity at the post shall be referred to the police station.

26.

Assistance by the Directorate of Criminal Investigations

(1)

The Directorate of Criminal Investigations shall provide support to the station crime branch at first instance before taking over cases as provided for in paragraph (4) of Chapter four of these Standing Orders.

(2)

In the event of a takeover, the investigating officer who dealt with the case in first instance shall remain a core investigator in the case to its final conclusion.

(3)

A case under investigation at the police station or police post shall be taken over by the Directorate of Criminal Investigations as provided under paragraph (4) of Chapter four of these Standing Orders at the initiation of the Police Station Commander.

27.

Identification records of arrested persons

(1)

Where a person is arrested, full particulars, including the name and number shown on the suspect’s identity documents, if any, shall be entered in all relevant police post and station records and on the finger print form as provided in Form p.20.

(2)

Identity documents shall be the personal property of a prisoner and shall be treated in the same way as other prisoner’s property and shall be entered in the relevant prisoners handing over register.

28.

Cash bail

(1)

The Station Commander shall issue the cash bail receipt in his or her hand.

(2)

In issuing the cash bail, the amount thereof shall take into consideration—

(a)

the gravity of the offence;

(b)

recommendation of the investigating officer; and

(c)

the circumstances under which the arrest was made.

(3)

Only one cash bail receipt book shall be maintained at the police station and in use at any one time at any police station.

(4)

When not in use, the cash bail receipt book shall be under lock and key and all unused books shall be kept in a separate place, under lock and key and the release of detained persons or prisoners shall comply with section 123 and 124 of the Criminal Procedure Code, (Cap. 75).

(5)

An officer at the station, other than the officer in charge of the police station, may not release, on the security of cash bail any suspects.

29.

Access and cooperation

(1)

A police officer deployed in the Service and the Directorate of Criminal Investigation shall have access to the police station physical space for service delivery, access to records, facilities, services and documents necessary for execution of their duties.

(2)

A police officer in a particular police station shall‒

(a)

undertake his or her duties in consultation and co-operation with other police officers;

(b)

co-operate in the interest of service delivery for the achievement of the mandate of the Service; and

(c)

assist other police officers, to the fullest extent possible, and shall share information accordingly.

(3)

Where a dispute arises between the officers at the station level, the matter shall be referred to the Station Commander for direction.

(4)

Officers with supervisory and command responsibility shall assist and mentor other officers in the Service at the police station in order to enable them carry out their duties efficiently.

30.

Cooperation with other entities

(1)

The police commanders within the jurisdiction of a police station shall corporate with each other and engage in joint security operations with other government departments and other security organs in order to ensure the safety and security of the public.

(2)

The police commanders specified under paragraph (1) shall develop operation orders, deployment schedules, plans, budgets and any other relevant document in respect to joint operations and shall coordinate such joint security operations, where applicable, on rotational basis.

(3)

The station commander shall retain superintendence over such operations.

31.

Handing-over procedures

Where a police officer from the post, out-post, camps or other police office is handing over suspects, property or exhibit at the station, the officer concerned shall enter details of the suspects, property or exhibit received in the handing over or taking over register and shall counter sign it and record such transactions in person at the Station Occurrence Book.

32.

Services at police stations.

(1)

The officer-in-charge at the station, posts, outposts and such other police premises where there are designated places of custody shall maintain cells and ensure that suspects in custody are fed accordingly.

(2)

Meals shall be ordered from an appointed contractor, but in exceptional cases may be obtained from a local hotel or restaurant.

(3)

A prisoner’s meal requisition form for each such order shall be made out and the number recorded against the relevant Occurrence Book entry.

(4)

A bill for the supply of prisoner’s meals shall be verified against the duplicate meal requisition and certified correct by the officers in charge of the police premise before payment is made.

(5)

The Officer-in-Charge shall ensure that prisoners’ blankets are aired daily and washed when necessary and care of the prisoner is accorded importance.

33.

The National Police Service crest

For the purpose of section 40 of the National Police Service Act (Cap. 84), all documents commonly used at the police station shall bear the National Police Service crest.

34.

Station Commanders to decide

The station commander’s decisions on all issues pertaining to the care, custody and maintenance of suspects and the general maintenance of the cells shall always prevail.

35.

Protection of information

(1)

A police officer shall not disclose information in his or her possession to a third party.

(2)

The Sub-County Commander shall handle all media interviews.

(3)

For purposes of the provisions of paragraph (1), the circumstances under which information shall be protected are as follows—

(a)

for security purposes, no information regarding a subject which is classified as secret or officially withheld from publication by any Service or any information given which is likely, if published to prejudice, demean, distort the image, threaten the safety of officers of another Service or prejudice the success of their operations at the police station, may be disclosed;

(b)

for confidential purposes, no information may be given from official police records at the police station and a statement made to the officers of any Service by a third party may not be disclosed;

(c)

for general reasons, no information may be given which may affect either a specific or possible concerned Service, police investigations or may interfere with the execution of the function of respective Services at police station or the prosecution of an offender; and

(d)

no information may be given to members of the public which may sabotage actions of another service or officer.

36.

Victim support schemes

(1)

The duty of a police officer of the Service and the Directorate of Criminal Investigations at the police station shall be to jointly administer a facility that registers the victims of crimes and violence within their areas of jurisdiction and establish support schemes for such victims.

(2)

A victim support schemes shall include contacts for reference and special facilities in the police station where police and other stakeholders may provide specialized support by qualified and certified professionals to help victims of crime.

37.

Police Post

(1)

The primary function of any police post, patrol base or unit base is the prevention of crime and all officers-in-charge of outpost or patrol base and police post shall organize and maintain an efficient system of patrols, beats and ambushes, both by day and night, throughout their areas.

(2)

Pursuant to the provisions of standing order 38, patrolling shall be a duty for which interest, initiative and sense of responsibility are maintained at a high level.

(3)

The Officer-In-Charge of an out-post or patrol base shall exercise close supervision of the patrols and take keen interest in the work that the officers are performing and the Officer-In-Charge shall also employ intelligence and initiative in providing variation in the objects of the patrols.

(4)

Each police out-post or patrol base and post shall establish a system for receiving, recording and reporting complaints by members of public in their areas of jurisdiction.

(5)

A police officer-in-Charge of a police post shall perform the following duties—

(a)

undertake police operations in consultation with officers in charge of police station from both Services in his or her area of jurisdiction;

(b)

provide assistance to officers in charge of police station, when in need;

(c)

assign investigation officers to all cases booked at the post;

(d)

supervise activities of the post and out-post or patrol base in the case of administration police service and Kenya Police Service respectively;

(e)

submit daily, weekly and any other report or returns to the police station and other relevant authority;

(f)

take part in station community policing forums;

(g)

issue relevant police documents to members of public when in need on behalf of police station;

(h)

summon witnesses to appear before him or her in cases reported at the post;

(i)

document post, out-post or patrol base standing orders;

(j)

co-ordinate the activities of the members of the national police reserve;

(k)

co-ordinate area community policing activities;

(l)

assist officers in charge of police station from the respective service in crime mapping and identifying crime hot spots;

(m)

lodge complaints to their respective sub-county commanders in respect to cases mishandled in court;

(n)

implement decisions of the police station joint operation committee; and

(o)

perform any other duty as may be assigned to him by the Officer-in-Charge of the police station or the Sub-County Commander of the concerned Service.

38.

Unit Bases and Formation Camps

(1)

A unit base shall be established under the provisions of the section 23(d) of the National Police Service Act (Cap. 84).

(2)

The unit base shall serve as the Headquarters of the Units and Formations.

(3)

Where a unit operates a camp within the jurisdiction of a police station, a camp commander shall attend station joint operation meetings.

(4)

A unit commander shall take part in planning operation orders, and where necessary unit camp commanders shall take charge of any operation that has a bearing on their specialized mandate and no division of authority shall exist in this instance.

(5)

Where a unit camp has a designated lock up facility or a place of custody, a suspect shall not be detained for more than fifteen hours and efforts to escort the detainee to the nearest police station shall be made by the unit camp commander.

(6)

In the event that during joint operations an arrest has been made by a police officer from a specialized unit, general duty officers shall receive the suspect and record the particulars of the suspect in all relevant records.

[L.N. 208/2020, s. 13.]

CHAPTER 57 – PRIVATE USE OF POLICE
1.

Authority to deploy police officer for private purposes.

(1)

Subject to section 104 of the National Police Service Act (Cap. 84), the Inspector-General may, on application by any person, station an officer for duty on such place and for such period as the Inspector General may approve.

(2)

Subject to h (3), the Inspector-General may delegate the powers to—

(a)

a county commander; or

(b)

the county formation or unit commanders, where private use of a police officer is sought for a period not exceeding three months.

(3)

Notwithstanding h (2), where a person who intends to engage the services of a police officer for a definite period exceeding three months, he or she shall make an application to the respective Service Headquarters:

Provided that where the person desires to discontinue the services of a police officer deployed for private purposes, he shall give the respective Deputy Inspector-General a one month’s notice.

(4)

Any deployment for private purposes shall be for the protection of the public good or interest.

(5)

A police officer shall not be deployed for any private purposes other than in accordance with the provisions of this Standing Order and the relevant laws.

(6)

The Inspector-General shall have the discretion to determine the number of police officers to be deployed, the purpose and the period for such deployment and may accept or decline to authorize such deployment where he considers it appropriate.

2.

Procedures for making an application.

A person making an application for private police use of a police officer shall—

(a)

apply in the form and manner prescribed by the Inspector-General; and

(b)

pay the prescribed charges.

3.

Review of rates.

(1)

The Inspector-General shall appoint a committee that shall sit annually to review charges for the hire of police for private purposes.

(2)

The charges reviewed under sub paragraph (1) as determined by the Inspector-General shall be published from time to time in the Kenya Gazette and in the Service Orders as appropriate:

Provided that monies shall be paid to the Treasury as appropriations-in-aid.

4.

Register to be maintained at county headquarters.

(1)

A register for recording the applications for private use of police under paragraph 1 of this Chapter shall be maintained at the County Headquarters.

(2)

A police officer responsible for maintaining register under h (1) shall record the—

(a)

names of the applicant;

(b)

nature of the function or entertainment;

(c)

nature of duty;

(d)

numbers, ranks and names of the police officers;

(e)

date and hours or days of employment;

(f)

amount of charges received; and

(g)

number and date of receipt issued

5.

Conditions of hire.

(1)

The agreement for private use of police officers shall be made and the charges paid by the applicant before the deployed officer is released to the private premises or in a public place where entry is temporarily regulated by the charging of a fee, such as race meetings and football matches.

(2)

A charge shall not be made for police officers employed outside such places, where the police officers are responsible for the prevention and detection of crime or the regulation of traffic on public roads.

(3)

Where any doubt arises as to whether charges should be levied, such issue should be referred to respective Service Headquarters for determination.

CHAPTER 58 – PUBLIC ORDER MANAGEMENT
1.

Obligation of the Service in promotion of human rights.

(1)

The Service shall ensure the protection of the rights and fundamental freedoms of expression, association and assembly demonstration, picketing and petition.

(2)

A police officer shall conduct himself or herself in a manner that respects the rights and fundamental freedoms of people in all circumstances.

(3)

It shall be the duty of the police commander to ensure that a police officer under his or her command behaves in accordance with the standards set out in these Orders.

(4)

A person organizing a public event shall give an advance notice of the public event to the police officer in charge of the area in which the event is to be held and liaise with police officer with regards to the behavior, conduct of the event and any lawful conditions necessary particularly if there is a possibility of disorder arising from the threat of disruption from others.

(5)

A police officer shall always consider the rights and fundamental freedoms of members of any opposing group and ensure that there is fair treatment.

(6)

Where there is a reasonable belief that there are no other means of preventing a breach of the peace the limitations to rights and fundamental freedoms may be employed.

(7)

A police officer shall do everything possible to ensure that all demonstrations are conducted peacefully.

2.

Severe disorder and riots.

In cases of severe disorder and riots reference should be made to the operational manuals on guidance on these matters.

3.

Use of force and firearms.

(1)

Every police officer shall discharge the functions and the powers conferred under the law by use of non-violent means.

(2)

A police officer may only use force and firearm in accordance with the rules laid down in the Sixth Schedule to the National Police Service Act (Cap. 84).

4.

Debriefing.

The Service shall organize a debriefing exercise after every public event to identify any deficiency in planning and the lessons learnt .

1.

(1) The use of a firearm against any person places a legal and moral responsibility on a police officer and there should be no doubt in his or her mind of the circumstances in which he or she is justified in using his or her firearm or in which his or her duty compels him or her to use it.

(2)

legal provision for the use of firearms by police officers is laid down in the Sixth Schedule of the National Police Service Act (Cap. 84).

2.

Firearms may only be used when less extreme means are inadequate and for the following purposes—

(a)

saving or protecting the life of the officer or other person; or

(b)

in self-defense or in defense of other person against imminent threat of life or serious injury.

3.

An officer intending to use firearms shall identify themselves and give clear warning of their intention to use firearms, with sufficient time for the warning to be observed, except where doing so would place the officer or other person at risk of death or serious harm or if it would be clearly inappropriate or pointless in the circumstances.

4.

A police officer shall make every effort to avoid the use of firearms, especially against children.

5.

Any use of firearm, even if there’s no injury, shall immediately be reported to the officer’s superior.

6.

Any use of fire arms that leads to death, serious injury and other grave consequences shall be reported by the officer in charge or another direct superior of the person who caused the death or injury, to the Independent Police Oversight Authority who shall investigate the case.

7.

The Inspector-General is not precluded by virtue of paragraph (5) from conducting investigations into the matter.

8.

A police officer who makes a report to the Independent Police Oversight Authority in accordance with paragraph (6) shall—

(a)

secure the scene of the act for purposes of investigations; and

(b)

notify the next of kin, their relative or friend of the death or injury as soon as reasonably practical.

CHAPTER 59 – NATIONAL POLICE SERVICE RECORDS
1.

List of police records.

The books and records listed in Appendix 59 (a) shall be kept at County, Formations, Sub-County divisions stations and posts as provided thereof.

2.

Instructions for keeping police records.

(1)

Police records shall be kept in accordance with the relevant appendices to this Chapter or such other instructions as are indicated in Appendix 59 (a).

(2)

All records shall have the instructions for keeping them printed on the inside covers.

3.

Destruction of records.

(1)

During the first quarter of each year, every officer-in-charge of a Sub-County or similar formation shall examine the records maintained in his or her Headquarters, the police station and SubCounty under his or her command to determine the destruction or disposal of records which are no longer in use.

(2)

When records maintained under h (1) are to be destroyed, the documents shall be shredded or burnt under the supervision of the officer concerned.

(3)

The period for which records should be preserved and the methods of disposal are indicated in the fourth and fifth columns of Appendix 59(a).

(4)

The records of a police post and outpost shall be returned to the parent police station and Sub-County headquarter after completion and shall be disposed of according to the instructions in h (3).

(5)

On the fifteenth of April of each year, the Sub-County Commanders shall forward a certificate to County Headquarters certifying that records have been checked and destroyed in accordance with this Order.

4.

Notebooks.

(1)

A police officer shall possess a Service standard-type notebook and pen, supplied by the respective Service Quartermaster wherein the police officer shall record details of an incident or other material of evidential value.

(2)

The following instructions shall apply in respect of the notebook under h (1)—

(a)

the note books shall be kept neatly and be always ready for use;

(b)

a margin for recording dates, times and place of an entry shall be ruled at the left side of each page;

(c)

incorrect entries shall be crossed out and initialled;

(d)

pages shall be numbered and shall not be removed from the notebook;

(e)

all entries shall be in the handwriting of the police officer in possession of the notebook and the names of people and places shall be recorded in capital letters;

(f)

all entries shall be accurate and shall be made at the time of the inquiry or soon thereafter and shall be signed by the officer concerned;

(g)

all particulars shall be transferred to the relevant case file;

(h)

a notebook may be produced in court and may be examined by the court;

(i)

notebooks shall be inspected frequently and displayed at kit inspections; and

(j)

when filled up, the notebooks shall be retained until their destruction is ordered by the Formation Commander.

(3)

A police officer shall carry a copy of the Accident Report Form, P.41 in his or her notebook for ease of reference and for the purpose ensuring that all necessary data in respect of road accidents are recorded by investigating officers.

(4)

The general instructions relating to all police records shall include─

(a)

records shall be maintained neatly and legibly;

(b)

except where otherwise stated in the instructions for keeping any particular record, all entries shall be in blue, blue-black, or black ink; and

(c)

except where otherwise stated, all entries in police records shall commence with the number one on the 1st January of any particular year and shall be consecutive throughout the year and a new series of numbers shall be commenced each 1st January of every year.

5.

Briefing file.

(1)

A loose-leaf "Briefing file" shall be maintained in the report office of all police establishments.

(2)

The Briefing file under h (1) shall contain details of—

(a)

wanted persons;

(b)

stolen property;

(c)

current crime;

(d)

lost property;

(e)

authorized processions; and

(f)

all other matters of local general police interest.

(3)

The members of staff of a police station and sub-county shall provide the Officer-in-Charge with items for inclusion in the Briefing file which shall be brought up to date as items are provided and the Officer-in-Charge of the police station shall be responsible for keeping the file.

(4)

Items from the Briefing file shall be read over to members of staff of a police station and sub-county at the daily tamaam parade and when parading to go on duty and the officer reading out the items shall initial and date the file after the reading.

(5)

When items become redundant, the items shall be deleted from the Briefing file.

(6)

All items in the Briefing file shall be kept for a period of seven days before being destroyed.

6.

Cell register.

(1)

Where a prisoner is placed in a cell in a police station or other designated places of custody, all the particulars contained in columns 1 to 4 of the Register shall be completed and temporary removals shall be recorded in column 5 and final removals shall be recorded in column 6.

(2)

A cell register shall─

(a)

be opened each day, at midnight;

(b)

consist of the names of prisoners in the cell at the time, for the first entry and shall be in red ink and the entry shall be crossreferenced with the original entry when the prisoner was placed in the cell;

(c)

in respect of a new prisoner, the entry in the register shall be in black ink and shall be made when the prisoner is placed in the cell;

(d)

be closed at midnight on the following day and the balance of prisoners carried forward to the new day in the manner prescribed.

(3)

The serial numbering in the Register shall commence with the number one from midnight and shall be numbered consecutively throughout the day to the following midnight.

(4)

Where a prisoner is re-arrested on the same charge, after the prisoner had previously been arrested and then released or discharged, the serial numbers for both entries in the Register shall be cross-referenced and the entry concerning the re-arrest shall be boldly endorsed in red ink with the word "re-arrest" and the entry shall be supported by a red-ink entry in the Occurrence Book giving full reasons for the re-arrest of the prisoner.

PARE 7. Charge register (penal code cases and cases under local and special laws).

(1)

All charges under the Penal code, under section 10 of the Stock and Produce Theft Act and under sections 3, 4 and 6 of the Prevention of Corruption Act, shall be entered in the Charge Register for Penal Code Cases.

(2)

All charges under local laws shall be entered in the Charge Register for those cases, except traffic cases taken up by traffic branches which shall be entered in a traffic Charge Register.

(3)

Offences under section 9 of the Stock and Produce Theft Act shall be entered in the Charge Register for Local Laws.

(4)

An entry of information of an offence shall be made in the Charge Register immediately the information has been reduced in writing.

(5)

Entries under h (4) shall be entered and numbered consecutively according to the time of the receipt of the report, and the case file relevant to the information shall be given the same number as that entered in the Charge Register.

(6)

The following entries may be made in red ink—

(a)

in the "Offence, Section and Law" column for non-cognizable offences;

(b)

in the "Result of Case" column when the case has been expunged or closed, undetected or when an accused person has been dismissed, discharged or acquitted or has died before the completion of the trial;

(c)

in the remarks column of the Register whenever a case file is transferred one police station to another; and

(d)

in respect of the value of property stolen and recovered when that property is cash.

(7)

A pencil shall be used for the entry in the "Result of Case" column when an accused is known and the record of action to trace him or her has been transferred to the Register of Wanted Persons.

(8)

A Complaint which discloses a cognizable offence, except where the investigation reveals that no offences has been committed, shall be entered in the Occurrence Book and Charge register and in due course shall be expunged as "No Offence Disclosed" or "Found False".

(9)

A case should not be closed as "Found False" unless enquiry shows beyond reasonable doubt that the case is false and consideration shall invariably be given to the question of preferring a charge of giving false information to a person employed in the public service and such cases shall be ruled through with a single diagonal red ink line.

(10)

The authority to close a case undetected lies with the Officer-in-Charge of the Sub-County concerned in liaison with the respective deputy station commander, who shall not close a case until he or she is satisfied that all possible diligence has been used to trace the offender.

(11)

A case which has been expunged or in which the accused has been dismissed, discharged, acquitted or has died before completion of trial shall not be closed until it is reviewed by the Sub County Officer, who shall satisfy himself or herself that all possible actions have been taken and no case shall be finally closed until all columns of the Charge Register have been completed.

(12)

Where a case has been closed pending the arrest of a known accused person, the serial number of the relevant entry in the Register of Wanted Persons shall be entered in the remarks column of the Charge Register in red ink, and an entry made in pencil shall be made in the result of case column as provided under paragraphs 4, 5, 6 and 7.

(13)

Where a case has been reported at one police station and it becomes apparent that the offence took place in another police station area, the case file shall be transferred to the correct police station and the Charge Register entry shall be ruled through with a single diagonal red ink line and a note made in the remarks column to the effect that the matter has been transferred to the other police station.

(14)

The type of property stolen in theft cases shall invariably be included in the offence column of the Charge Register, for example, when clothing is stolen the relevant entry should be "Theft of Clothing" followed by the section of law.

8.

Traffic charge register.

(1)

Traffic Charge Registers shall be maintained at—

(a)

all traffic branches; and

(b)

all police stations where a traffic officer is stationed.

(2)

All charges under the Traffic Act and Rules, the National Transport Safety and Authority Act, the Motor Vehicles Insurance (Third Party Risks) Act, and other local By-laws concerned with traffic matters shall be entered in Traffic Charge Registers.

(3)

An entry of every information of an offence shall be made in the Charge Register immediately the information has been reduced to writing and all entries shall be entered and numbered consecutively according to the time of the receipt of the report, and the case file or charge sheet relevant to the information shall be given the same number as that in the Charge Register.

(4)

The following entries shall be made in red ink—

(a)

in the "result of case" column where the case has been expunged or when an accused person has been dismissed, discharged or acquitted or has died before completion of trial; and

(b)

in the remarks column whenever a charge sheet or case file is transferred from one police station to another.

(5)

A complaint disclosing an offence, except where the investigation reveals that no offence has been committed, shall be entered in the Occurrence Book and Charge Register and in due course shall be expunged as "No Offence Disclosed."

(6)

Where a case has been reported at one police station and it becomes apparent that the offence took place in another police station area, the charge sheet and case file shall be transferred to the correct police station and charge register entry shall be ruled through with a single diagonal red ink line and a note made in the remarks column to the effect that the matter has been transferred to the other police station.

9.

Civil process register.

(1)

Civil warrants of every description such as civil summonses or decrees, notices to show cause, distress warrants in criminal cases, among others shall be entered in the Civil Process Register.

(2)

Immediately any warrant is received at a police station, it shall be stamped with the police station stamp in the top right-hand corner and the Civil Process Register number shall be endorsed thereon within the mark of the police station stamp.

(3)

Civil warrants of arrest shall not be transferred to the Register of Wanted Persons.

(4)

Under the terms of section 40 of the Civil Procedure Act, a civil warrant of arrest or warrant of attachment may be executed at any time, provided that no dwelling house shall be entered for the purpose of making an arrest between sunset and sunrise.

(5)

Sections 40, 44 and 45 of the Civil Procedure Act lay down certain provisions which shall be adhered to in respect of the execution of civil warrants of arrest or attachment.

(6)

Sections 30 and 31 of the Civil Procedure Act provide that civil process can only be executed in the area of jurisdiction of the court which issued it, but also provides that when process from one court has been endorsed by a court holding jurisdiction in any other area, such process shall be valid in that area, therefore, shall only be transferred from one police station to another through a court having jurisdiction in the area where the process is to be executed.

(7)

The provisions under h (6) shall not apply when the police stations concerned lie within the same area of jurisdiction.

(8)

Property seized shall, whenever practicable, not be removed from the place of attachment, but shall in such instances be adequately sealed and secured by the attaching officer so as to prevent interference, use or removal.

(9)

Where property is seized on an attachment or a distress warrant, the duties of the police cease when the property is handed over to the court issuing or endorsing the warrant and the court shall be immediately informed when the property has been attached or seized.

(10)

A police officer shall not act as an auctioneer or seller of attached or seized property, nor shall the officer handle the proceeds of such sale.

(11)

Special expenditure shall not be incurred by police, such as the use of police vehicles in the execution of civil process, unless specifically sanctioned by the court.

(12)

Where a civil warrant has been forwarded to the police for execution, the attaching creditor or the creditor’s advocate is at liberty to go to the police and endorse the warrant to the effect that he does not wish it to be executed and the warrant shall be returned to the court unexecuted for the reasons endorsed thereon, and a receipt shall be obtained from the court and posted in the Register.

(13)

The National Police Service shall charge fees for any civil process in accordance with the scales, as the Attorney General may, from time to time, determine.

(14)

The fees chargeable by the police under paragraph (13) shall be—

(a)

service of civil process;

(b)

minimum service fee prescribed when the distance does not exceed two miles;

(c)

fees under h (15), where applicable; or

(d)

execution of civil warrants of arrest.

(15)

When the execution of a warrant necessitates the absence of an officer from his or her station for more than six hours, the fee for the first six hours and for each day or part of a day thereafter shall be as set out in Appendix 59 (b).

(16)

In addition to the fees charged under sub paragraph (15), the expenses laid out in Appendix 59 (c) may be charged at the rates laid down, from time to time in Section J of the Code of Regulations.

(17)

The following charges shall be raised in respect of unsuccessful service—

(a)

Minimum service fee, sh. _________

(b)

hire of police transport Ksh._ per Km;

(c)

rail fares;

(d)

bus fares;

(e)

private car mileage; and

(e)

subsistence.

(18)

On completion of the service or execution, the Officer-in-Charge of the police station shall complete both copies of the proforma and forward them to Sub-County Headquarters, together with the warrant.

(19)

The details on the proforma forwarded under h (18) shall be checked at Sub-County Headquarters and a serial number shall entered on the top lefthand corner.

(20)

The warrant, where it has been presented, shall be returned to the Court, and the original proforma shall be dispatched to Service Headquarters at the end of the month in which the warrant was served.

(21)

A duplicate of the profoma dispatched under h (20) shall be retained at the Sub-County Headquarters in a special file maintained for that purpose, on the inside of which a register of serial numbers shall be maintained.

(22)

All out of pocket expenses such as meals or travelling by private motor vehicle shall be paid by the court, police officers are not permitted to receive these expenses from any person other than the court.

(23)

When a police officer receive cash against a judgment debt such cash shall be handed to the court immediately, the amount received shall be entered in the Register and a formal acknowledgement shall be issued by the court and shall be filed in a special file maintained for the purpose.

(24)

In every instance in which a distress warrant is issued by a court for non-payment of a fine in a criminal case, a fee, as prescribed by the Inspector-General shall be collected by the police officer executing the warrant in addition to the amount of fine collected.

(25)

The amount of the fee prescribed under sub paragraph (24) shall be endorsed on the warrant, and the fee itself shall be forwarded to the court, together with the amount received under distraint, and the particulars of amounts collected shall be entered in the Remarks column of the Register.

(26)

No fee is chargeable when no cash or property is distrained.

(27)

A warrant which is unexecuted for any reason shall be returned to the issuing court with an endorsement as to the reason for nonexecution and a receipt shall be obtained and posted in the Register.

(28)

At the end of each year an abstract in the form provided under Appendix 59(d) shall be entered after the last entry.

10.

Civilian Firearms Register.

(1)

Every deposit of a firearm or ammunition at a police station shall be entered in the Civilian Firearms Register in.

(2)

The Civilian Firearms Register shall have columns containing the following details—

(a)

column one— the annual serial number and the receipt number;

(b)

column two—the date the arms or ammunition were received;

(c)

column three—the name and address of the depositor, the firearms certificate and date of expiry;

(d)

column four— details of make, type, calibre and identity number and remarks as to the condition of the firearms such as "rusty barrel" broken stock;

(e)

column five—ammunition fitting a firearm which is being deposited at the same time shall be entered in line with the respective firearm, If no ammunition is deposited the word "nil" shall be inserted;

(f)

column six—shall indicate the reason for the deposit, example "temporary safe custody", "for transfer to police arms stores", or "destruction";

(g)

column seven—shall indicate the method of disposal, example "returned to owner", "sent to police arms stores" etcetera. etcetera. Column 9 The written receipt of the owner shall be entered in the lower part of this column, or if the firearms or ammunition have been forwarded to the Police Arms Stores, the receipt number shall be quoted

(3)

Where any entry has been completed in accordance with the above instructions, it shall be ruled through with a single diagonal red line.

(4)

Where more than one firearm or type of ammunition is deposited and less than the total number withdrawn, the entry shall be completed and the remaining firearms or ammunition shall be carried forward to a completely new entry and the original entry shall be closed.

(5)

Under no circumstances shall a civilian firearm be retained in a police station or Sub-County Headquarters for more than one month.

(6)

Any firearms remaining after the period under h (5) shall be sent to the Police Arms Store.

(7)

Where firearms belonging to a rifle club are held at a police station in a container which only a club official holds the key, the only record of deposits and withdrawals that is required is an Occurrence Book entry describing purpose of visit and countersigned by the official.

(8)

When firearms or ammunition are accepted for onward transmission to a police arms store, the Station Officer shall notify Central Firearms Bureau of the details of the owner, firearms and ammunition.

11.

Defaulters Register.

(1)

A Defaulter’s Register shall be kept at County, Sub County and Police Station levels.

(2)

The following entries shall be made in the defaulters register—

(a)

at County level, all publication in County Weekly Orders or Part one - orders;

(b)

all offences against discipline in respect of which—

(i) proceedings have been remitted to County Headquarters or are to be remitted to Service Headquarters for award of punishment;
(ii) proceedings have been remitted to the respective County Headquarters or which are to be remitted to the respective Service Headquarters by way of appeal;
(iii) proceedings have been called for by way of revision; or
(iv) proceedings conducted by the respective County Headquarters staff,
(c)

at Sub-County level, all offences against discipline in respect of which publication in County Weekly Orders or part one orders is required;

(i) proceedings have been remitted to the respective Sub County Headquarters or are to be remitted to higher authority for award of punishment;
(ii) proceedings have been remitted to the respective Sub County Headquarter or are to be remitted to higher authority by way of appeal;
(iii) proceedings have been called for by way of revision; or
(iv) proceedings conducted by the respective Sub-County Headquarter staff;
(d)

At Police Station level for all offences against discipline tried, whether the offender is convicted or acquitted except that when any punishment is suspended under the provisions of National Police Service Act (Cap. 84) no entry shall be made in any record unless or until the punishment is carried into execution

(3)

Proceedings in inquiries in which the punishment is suspended shall be retained on a separate file, if at the end of the period of suspension the sentence is remitted the proceedings shall be destroyed, and if the punishment is confirmed or reduced particulars shall be entered in Defaulters Registers and Service Registers.

(4)

A Defaulters Sheet shall be prepared in all inquiries conducted formally.

(5)

When proceedings are to be submitted to the respective Service Headquarters, four copies shall be prepared to the respective County Headquarters, three copies shall be prepared and to Sub-County Headquarters two copies at each level one copy shall be extracted for record purposes and the proceedings shall be returned to the formation of origin.

(6)

When a police officer is charged with being drunk, while on duty, the word ‘drunk’ shall be underlined in red ink.

(7)

No entries of a punishment awarded shall be made in the Service Register unless or until it has been published in the Service Standing Orders or County Weekly Orders.

(8)

When inquiries are held summarily, the words "dealt with summarily" shall be entered in the last column of the Register in red ink, however, punishments awarded in Summary Inquiries shall not be entered in Service Registers under any circumstances.

(9)

A Defaulters Registers shall have a column which shall be divided into two, for entering the Miscellaneous Receipt number in respect of fines and Service Orders or County Weekly Orders reference number to the punishment.

12.

Duty Roster.

(1)

A duty roster shall be maintained at all Sub-counties, stations, posts, outposts and traffic offices.

(2)

The particulars to be recorded in the duty roster shall be prepared a week in advance for the period 00.01 hrs Sunday to 24.00 hrs Saturday, by the Officer-in-Charge of the police establishment or his or her deputy, who shall personally assign to all personnel, on the strength of the establishment, the duties they shall be required to perform during the week.

(3)

Duties shall alternate weekly, except those performed by personnel specially employed, and shall be varied so that personnel may acquire a wide experience of work done by the unit.

(4)

The Officer Commanding Station, Crime Branch and any other specially employed personnel shall perform two night duties each week, one before midnight and one after midnight, of not less than two hours’ duration.

(5)

Each weekly record shall commence with particulars of establishment and strength as laid out in Appendix 59 (e).

(6)

Establishment figures shall be entered in black ink and strength figures in red ink immediately below the expressions ‘D’ and ‘N’ for each day of the week and the date shall be recorded in red ink.

(7)

The names appearing at the beginning of the first page of each weekly record shall be those of personnel specifically employed on duties which do not vary, such as Crime Branch staff, and shall be followed by those assigned set duties, such as report Office, beats and patrols, court-orderlies, etcetera.

(8)

The record shall conclude with the names of personnel who have not been assigned any specific duties and against these the word ‘available’ shall be entered to indicate that the men are available to undertake miscellaneous duties as required.

(9)

The index letters in Appendix 59 (f) shall be inserted in the ‘Day’ and ‘Night’ columns to indicate the disposition of the strength of the formation.

(10)

Personnel not performing an assigned duty, but who are present at the Sub-county station post or outpost attending a parade or lecture, shall not be shown in the duty roster as performing a duty.

(11)

The duty roster shall be kept in the office of the Officer-in-Charge of the respective Sub-Counties, station, post or outposts and be kept up to date by the Officer-in-Charge or his or her deputy.

(12)

The duty roster shall be available for inspection at all times and the inspecting officers, when initialling it, shall do so immediately above the date of their visit.

13.

Exhibit Roster.

(1)

An Exhibit Register shall be maintained at all Sub-county, police stations, posts, outposts, prosecutions branches, Directorate of Public Prosecutions formations and traffic branches.

(2)

The receipt of all exhibits, except photographs, sketches, plans and other documentary exhibits normally retained in the investigation file, relative to any case whether Penal Code, local or special law inquest, accident, fire etcetera, investigated or dealt with by a police station or other formation mentioned in h (1) above shall be entered in the Exhibit Register in accordance with the columns provided in the Register.

(3)

Each entry in the Exhibit Register shall be given an annual serial number.

(4)

An entry in the description column shall be sufficient to enable an exhibit to be readily identified and where the exhibit bears a serial number the serial number shall be quoted.

(5)

Whenever an exhibit is temporarily removed from the exhibit store or other place of safe custody, an entry shall be made in the column headed ‘Temporary Removals’ giving the reason for and the date of the removal.

(6)

When the exhibit is finally disposed of, the signature of the person receiving it shall normally be placed in the column headed ‘Final disposal, Signature of Recipient and Date’ and in instances where this is impracticable, the recipient’s signature shall be obtained on a separate receipt which should be pasted in the register in the appropriate column.

(7)

Immediately an exhibit is received and entered in the Exhibit Register, the exhibit shall be labelled with an exhibit label which can be either a paste on or a tie on, or if it is impracticable to affix either of these official labels, marked with the register annual serial number and case number.

(8)

All exhibits shall be placed in safe custody to prevent access to or interference by any unauthorized person.

(9)

Small exhibits and valuables such as jewellery and cash shall be placed in suitable sized envelopes which shall be marked as instructed in this paragraph.

(10)

Valuables shall be locked in safes or cash boxes and not placed in exhibit stores with bulky and relatively valueless articles.

(11)

Arms and ammunition shall be locked in armouries.

14.

Fire Inquiry Register.

(1)

Pursuant to section 2 of the Fire Inquiry Act, a police officer shall be required to attend at the scene of a fire which causes an injury to person or property, to perform such services as may be required and to make inquiry into the origin or cause of the fire.

(2)

Having attended at the scene of a fire, the police officer shall enter the particulars of the fire in the Fire Register as provided in the relative columns.

(3)

Particulars of the fire shall be forwarded to a Magistrate having jurisdiction in the area on the form prescribed in the Schedule to the Fire Enquiry Act and provided on the Fire Report form, Police 39.

(4)

Particulars of grass fires need not be entered in the Fire Register nor reported to the Magistrate unless injury to property or person occurs as a result of such fires.

(5)

Nothing in this paragraph precludes a police officer from acting in accordance with his or her duty in endeavouring to prevent injury to property or person at the scene of a grass fire, as provided in section 12 of the Grass Fires (Control) Act.

15.

Leave Register.

(1)

A special leave roster shall be maintained at all Sub-County Headquarters showing the names of all inspectors and subordinate officers in the Sub-County who are due for leave during the ensuing six months, together with the dates such leave is due.

(2)

Generally, not more than one inspector or subordinate officer in ten should be on leave, either vacation or local, at any one time.

16.

Lost and Found Property Register.

(1)

Reports of lost and found property shall be entered in the Lost and Found Register.

(2)

Lost property shall be entered in black ink and Found property in red ink, and all entries in respect of each article shall be made in the same coloured ink.

(3)

Care shall be taken to ensure that a correct description of property is entered.

(4)

Items of stolen property shall not be entered in this Register.

(5)

When property is returned to an owner, an entry to that effect shall be made in the "Final Order for Disposal" column and the signature of the owner shall be endorsed in the Remarks Column and shall be witnessed.

(6)

Where acknowledgement of returned property is made by letter, such letter shall be filed in a separate annual file maintained for the purpose and cross references shall be made in the appropriate column of the Register.

(7)

Pursuant to section 63 of the National Police Service Act (Cap. 84), police officers shall take charge of unclaimed property, and t an inventory of such property shall be furnished to the local Magistrate.

(8)

The inventory under h (7) shall be made out in Form P.8, and when the form has been approved and signed by the Magistrate, shall be posted in a conspicuous place in the Court and at police stations.

(9)

The date on which the Form under subparagraph (8) is posted shall be entered in the remarks column of the Register against the relevant entry.

(10)

Under no circumstances shall unclaimed property be returned to the finder, but shall be dealt with in accordance with the Magistrate’s instructions, a finder may, however, receive such portion of the proceeds of the sale of such property as the Magistrate may direct in writing.

(11)

Where property has been unclaimed for six months after the date of posting of the notice referred to in h (8), permission shall be obtained from the Magistrate for the sale of such property by public auction.

(12)

When the Magistrate has ordered that the unclaimed property be sold by public auction in accordance with the provisions of h (11), a letter in the form set out in Appendix 59 (g) should be addressed to the auctioneer in triplicate.

(13)

A copy of the letter under h 12 shall also be forwarded by the police station concerned to the Accounts Section at Service Headquarters in respect of property found in the Nairobi County, or to the County Paymaster concerned if the property was found in any other County.

(14)

Where the Magistrate has ordered that a proportion of the proceeds of the sale of unclaimed property be paid to the finder a signed copy of the Magistrate’s order shall be attached.

(15)

When the auctioneer’s cheque is received at Service Headquarters or by the Regional Paymaster, as the case may be, an advice of its receipt shall be sent to the police formation disposing of the property.

(16)

Unclaimed property liable to rapid decay shall be dealt with in accordance with section 63 of the National Police Service Act (Cap. 84).

(17)

Any unclaimed livestock should be sent to the local pound and a receipt obtained. Thereafter it shall be treated in the same manner as other unclaimed property.

(18)

In the case of unclaimed firearms and ammunition the provisions of hs (10) and (11) do not apply, the Magistrate may order that such firearms and ammunition to be disposed of in such manner as the Inspector General may direct.

(19)

The description of identifiable lost and found property shall be notified to the Director of Criminal Investigations and the neighbouring formations for circulation in the Police Gazette.

(20)

When the description has been circulated in the Police Gazette the Gazette reference shall be entered in the Remarks column of the Register.

(21)

Care shall be taken to ensure that, when applicable, Police Gazette notices are cancelled.

(22)

When each entry has been finally dealt with, it shall be ruled through with a single diagonal red ink line.

17.

Pound Book.

(1)

A Pound Book shall be maintained at each Police Station Stock Theft Unit or specialized Anti Stock Theft Unit, to which a pound is attached.

(2)

Stock of all type whether stolen, unclaimed, seized or otherwise impounded through due process of law shall be entered in the Book and care shall be taken to ensure that an accurate description of the animals is recorded.

(3)

The following particulars shall be entered in a Pound Book—

(a)

serial number entries to be given an annual serial number;

(b)

full details of the area or location where the cattle were found to be given including map reference where applicable;

(c)

number, description and type of stock, sufficient details to enable an easy identification of each animal;

(d)

brand mark and its location if available shall to be quoted;

(e)

name and address of the owner or other person in whose possession the animal were found; including the postal and physical address, name of the Chief and Sub-Chief, Location and Sub-Location;

(f)

Reference Number — P.C.R., C.R. or L & F number;

(g)

result, Court Case file number, if any Magistrate’s order and instructions for the disposal of the animals;

(h)

final disposal where the animals are returned to the lawful owner, or any other persons on the orders of the Court, signature of the person receiving them duly witnessed, by an independent person to be obtained in this column, however, if it is impracticable to do so, then the recipient and the witness’s signature should be obtained on a separate receipt and posted in the Book and cross referenced with the case file or L&F entry.

(4)

No animal, which has been seized, found or otherwise impounded, shall be sold without a written court Order.

(5)

When the Magistrate authorizes the sale of any animal which has been seized, found or otherwise impounded, the animal shall be sold by public auction by an authorized and licensed auctioneer.

(6)

The proceeds of the sale under h (5) shall be disposed of as directed by the Court;

(7)

The letter shall be addressed to the auctioneer in triplicate and one copy of the letter shall be retained in the station or units file and two copies sent to the Sub-County Commander who shall forward one copy to the Deputy Inspector-General of the respective services, in whose County the pound is situated.

(8)

The copy of the letter referred to in subparagraph (7) duly signed and endorsed by the auctioneer shall be retained in the Book as evidence of disposal and pasted in the appropriate column.

(9)

When the auctioneer’s cheque is received it shall be, paid into the Appropriations in Aid or the proceeds disposed off as directed by the Magistrate.

(10)

A police officer shall not undertake the sale of any cattle.

(11)

Where no licensed auctioneer is available, the matter shall be referred to the respective Sub-County commander who shall arrange, if necessary, in consultation with the County commander County, for an outside auctioneer to be contacted for that purpose.

(12)

The station or Unit Commander, or in his or her absence most senior officer in the command, shall carry out physical checks of all animals held in the pound twice every day, one in the morning and one in evening.

(13)

Upon completion of the inspection under h (12) the station or Unit Commander shall personally record in the Occurrence Book the result of his or her inspection.

(14)

The County and Sub-County Commanders during their visits to a station, in which a pound is attached, shall check and verify the number of animals held against the pound book and details of such checks shall be recorded in the remarks column of the Book.

(15)

Every loss, theft, injury, illness or death of an animal held in a Police Pound shall be subject to an immediate and thorough enquiry by the most senior officer in the station.

(16)

Fees, as published from time to time in Service Orders, shall be levied in respect of all animals, which are held in the pound.

18.

Occurrence Book.

(1)

Pursuant to the provisions of National Police Service Act (Cap. 84), a certified true copy of an entry in the Occurrence Book (or record) is admissible in evidence in all legal proceedings and police officers shall ensure all entries in the Occurrence Book are accurate.

(2)

Pursuant to the National Police Service Act (Cap. 84), a police officers shall ensure that all complaints and charges preferred, the names of all persons arrested and the offences with which such persons are charged shall be entered in the Occurrence Book.

(3)

In addition to what has been provided under subparagraphs (1) and (2), entries shall clearly show the entire day’s work performed by all ranks attached to a police station outposts, bases and unit bases.

(4)

All entries shall be as concise as possible, lengthy details are to be avoided.

(5)

The following entries shall be made in red ink—

(a)

reports of non-cognizable offences when the reporter is referred to a Magistrate; and

(b)

entries recording the re-arrest of a prisoner.

(6)

All entries shall be in the handwriting of the officer concerned.

(7)

Each day shall be calculated from 12.00 midnight to the next following 12.00 midnight.

(8)

Entries shall commence with number one each midnight and shall be consecutive throughout the twenty four hours to the next following night.

(9)

The first entry of the day shall state that the Occurrence Book is open for the new day with the number of prisoners in cells as per the opening of Cell Register for the new day

(10)

Other entries to be made in the Occurrence Book—

(a)

complaints by prisoners;

(b)

arrivals and departures of all police officers from any station shall be entered, together with a brief note as to the nature of the duty being performed;

(c)

visits of inspecting officers; and

(d)

all parades, drills, lectures, visits to beats, guards and patrols.

(11)

The station commander shall certify, on his or her arrival at the station each morning, that he has scrutinized the entries for the previous twenty four hours, has found them correct and true, or otherwise, and that the necessary action has been taken.

(12)

The last entry of the day shall briefly report on weather and visibility conditions during the previous twenty four hours.

(13)

Reference to the appropriate record, such as Charge Register, Accident or Inquest Register or Process Register shall be entered in the appropriate column.

(14)

When an entry bears any relation to another entry, for example, where a return to the station bears relation to the earlier departure, the two entries shall be cross referenced with each other in the appropriate column.

(15)

When two entries occur on the same day, the entries shall be entered and cross referenced as follows—

(a)

"O.B. 1st Inspector ‘A’ leaves on inquiries;

(b)

O.B. 20 Inspector ‘A’ returns from enquiries;

(c)

cross-referenced 20/D and 10/D."

(16)

When the two entries under h (15) occur on different days, the letter "D" would be replaced by the date and the month.

(17)

When the two entries under h (15) occur in different months and years, the same method as in sub paragraph (16) would be followed but the figure for the year would follow the figure for the month.

(18)

When a person makes a complaint as to having been injured in a road accident but his or her name was not recorded during the initial reporting of the accident, a fresh entry shall be made and crossreferenced to the initial report and no names shall be added to the initial accident report.

19.

Patrol books and patrol registers.

(1)

Patrol Books and Patrol Registers shall be maintained at all Sub-Counties, police stations, posts and out-posts.

(2)

Before a patrol is dispatched from the police station, posts and outposts the name of all farms or chief’s or village elders’ posts to be visited by the patrol shall be entered in the relevant column of the Patrol book and a complementary entry shall be made in the Briefing column of the Patrol Register.

(3)

Maintenance of Patrol Books — Patrol Books shall be kept clean and neat and canvas covers could be obtained from the Quartermaster and shall invariably be used for protecting Books whether on patrol or in the police station.

(4)

Where any remark is entered in a Patrol Book it shall be acknowledged and the police action taken and brief details of the action taken shall be entered in the column provided.

(5)

The particulars to be entered in the Patrol Register include—

(a)

the briefing column shall contain particulars of all places to be visited by and all instructions given to the patrol; and

(b)

the debriefing column shall indicate whether all points required to have been visited have been so visited, all briefing instructions, complied with and brief details of any reports made in patrol books and of any matter reported by patrolmen.

(6)

Examination of Patrol Registers — Officers-in-charge of police stations, posts, outposts and patrol bases are responsible for ensuring that patrol registers are correctly and fully maintained and respective Officers-in-Charge of Sub-Counties shall examine Patrol Books and Registers to ensure that remarks made in the former are being dealt with and that the area of jurisdiction is being adequately patrolled.

20.

Register of wanted persons.

(1)

If, as a result of the investigation of a case, the identity of an accused person or suspect is disclosed but the suspect cannot immediately be traced, the case file shall be closed and particulars of the wanted person shall be entered in the Register of Wanted Persons and all further action to effect his or her arrest shall be recorded in that Register.

(2)

Particulars of the wanted person shall be entered in the manner set out in Appendix 59 (i) and on the right-hand side of the page.Serial Numbers — entries in this Register shall be numbered serially irrespective of the year.

(3)

An index of Wanted Persons shall be maintained in the front of the Register.

(4)

A separate correspondence file, numbered with the serial number of the relevant entry in the Register, shall be maintained in respect of each wanted person.

(5)

After the arrest of a wanted person, the correspondence file under h (4) shall be incorporated in the case file.

(6)

Where warrants of arrest in respect of wanted persons are extant, the warrants shall be attached to the left-hand side of the page in an easily detachable form, for example in an envelope pasted on the opposite the page containing the particulars required under sub paragraph (2).

(7)

Full particulars of wanted persons, as detailed in h (2), shall be sent to the Criminal Records Office for circulation in the Police Gazette.

(8)

When a wanted person is arrested or is known to have died the Officer-in- Charge of the Sub-County, police station, posts and outposts shall communicate with the Criminal Records Office and the Police Gazette notice shall be cancelled.

(9)

The Criminal Records Office shall automatically supply details of wanted persons to the Central Registration Office.

(10)

Frequent reminders shall be sent to the police station or Sub-County Commanders office of the area in which the wanted person is believed to be living.

(12)

Where the procedure under sub paragraph (10) is ineffective, especially in serious cases, police station personnel may be dispatched to the area to make inquiries and the police officers shall be given the fullest possible co-operation.

(13)

When the wanted person is an immigrant, his or her full particulars shall be sent to the Principal Immigration Officer, Nairobi, in case he or she has left, or tries to leave the Country.

(14)

When a person, who is wanted for an offence of a minor nature, has remained untraced for a reasonable period of time, which shall not in any case be less than one year, the Officer-in-Charge of the Sub-County may, after taking into consideration the seriousness of the offence, the measures already taken to effect the arrest, the availability of the witnesses, etcetera, order that action to effect the arrest of the Wanted Person may cease.

(15)

The decision under h (14) shall not warrant the close of the Register of Wanted Persons.

21.

Summons Book.

(1)

All summonses requiring attendance of witnesses and witness summonses issued by the Criminal Courts shall be entered in the Summons Book.

(2)

Immediately any summons is received, it shall be stamped with the police station stamp in the top right-hand corner and the "Summons Book" number shall be endorsed thereon within the mark of the police station stamp.

(3)

Summons shall be served as promptly as possible in order to afford the person summoned adequate time to make any arrangements he or she may wish.

(4)

Any summonses received too late to afford sufficient time for service shall be returned to the issuing court with an explanatory note on the reverse of the original copy and a request that the date of attendance be amended.

(5)

Any summons which is unserved for any reason other than as provided in sub paragraph (4) shall be returned to court with the reason for non-service endorsed thereon and a receipt shall be obtained therefore and be pasted in the Register.

(6)

At the end of each year an abstract in the form set out in Appendix 59 (j) shall be entered after the last entry.

22.

Warrant book.

(1)

Every arrest or search warrant issued by a criminal court shall be entered in the Warrant Book, and its description shall be entered in the appropriate column.

(2)

When a warrant is received from court it shall be checked to ensure that the particulars required therein, namely the seal of the court the signature of the magistrate, the name of the accused, have been duly entered.

(3)

Each warrant shall be stamped with the police station stamp and the serial number shall be endorsed within the stamp mark.

(4)

Criminal warrants can only be executed in the area of jurisdiction of the issuing court.

(5)

When it is necessary for a warrant to be transferred from one police station area to another police station area outside the area of jurisdiction of the issuing court, it shall be endorsed by a magistrate having jurisdiction in that area.

(6)

When the warrant under sub paragraph (5) has been so endorsed, it shall be treated in the manner prescribed in sub paragraphs (7) A warrant shall not be transferred except on definite information that the accused has been located and arrested elsewhere.

(8)

When a warrant is transferred the transferring and receiving police officer shall enter in the remarks column in red ink the words, "Transferred to, or from, as the case may be, .............. Police Station."

(9)

Criminal warrants remain in service until executed or until cancelled by the issuing court.

(10)

A person who has been arrested on a warrant of arrest shall not be released on bail unless the warrant has been endorsed accordingly.

(11)

Whenever a warrant is transferred to another area or is cancelled and returned to a court, a receipt shall be obtained and pasted in the Warrant Book.

(12)

An offence that falls within the provisions section 219 of the Criminal Procedure Code which requires that an offence for which the punishment does not exceed six months’ imprisonment or a fine of one thousand shillings shall not be tried by a subordinate court unless the charge is laid within twelve months, shall require that warrants in respect of persons wanted for such offences to be applied for within twelve months of the commission of the offence.

(13)

When a criminal warrant of arrest has remained unexecuted for a period of one month, it shall be transferred to the Register of Wanted Persons, the serial number of which shall be endorsed in the remarks column of the Warrant Book.

(14)

At the end of the year an abstract in the form set out in Appendix 59 (k) shall be entered after the last entry.

Record

To be kept at all stations posts outposts unit and unit bases and Traffic Sections

Instructions for keeping

Period to be kept after date of last entry

Methods of disposal

Accident register

-do-

Chapter 59

5 years

Destroy

Accident files

-do-

-do-

-do-

-do-

Arms movement register

County /Sub-County/Formation, Stations and post outposts, bases and unit bases including border posts

Cap 14

One year

-do-

Bank pay-in books

Where applicable

1 ½ years

Destroy after obtaining County/Formati on commanders authority

Bicycle/Motorbike history sheet

Where bicycles/motorbikes are on charge

Cap 76

Permanent during life of the bicycle

Briefing file

All police establishments and 999 control rooms

Chapter 59

Destroy when redundant

Canteen subscription register

All establishments

Cap 70.

2 years

Destroy after audit

Cash bail receipt

All stations and traffic sections

Cap 15

1 year subject to having been audited

Destroy after obtaining authority of chief Accountant

Cells register

Stations and posts/ outposts, bases and unit bases including border control posts

Chapter 59

5 years

Destroy

Charge register Penal codePettyTraffic

Stations and D.C.I FormationsStationsAll traffic Formations

-do--do--do-

5 years-5 years5 years

Destroy-DestroyDestroy

Case files and completed

Penal code file other Pending Arrest of Known Accused

Stations and D.C.I and Formation -do-

-do-

5 years with as per Permanent

Destroy. PAKA to be dealt with as per Appendix 65 or paragraph (b)

Murder manslaughter treason, rape and causing death under the Traffic Act cases not yet tried.

Stations or traffic sections-Stations

-do--do-

2 years5 years

DestroyDestroy

Traffic including notification to attendCourt, books Petty

Civil process register

All Police Stations/outposts, bases and unit bases

-do-Chapter 59

5 years

Destroy

Civilians firearms register

Stations/ Posts

-do-Chapter 59

5 years

Destroy

Civilian firearms receipt books

All police establishments

-do-

1 year

Destroy

Cheque counterfoil

Where applicable

2 years subject to having been audited

Destroy after obtaining authority from County/Formati on commander

Correspondence files

All police establishments

Cap 24

Cap 24

Destroy

Criminal intelligence

All County and Sub-county Headquarters

Chapter59

Need Basis

Destroy

Defaulter register

All county and sub-county Headquarters

Chapter 59

2 years

Destroy

Sub-county standing orders

Sub-counties, stations, posts, outposts and control bases in the county

Cap 64

Permanent

Escapes from police custody

County/Formation, Sub-county Hq and stations/ outposts, bases and unit bases

Cap 15

5 years

Destroy

Exhibit Register

All stations, Traffic D.C.I , Formations prosecution branches, unit bases, posts and outposts

Chapter 59

5 years

Destroy

Firearms Register

County, Sub-county/Formations, stations and posts and outposts/ outposts, bases and unit bases

Cap. 14

Permanent

Fire inquiry register

All police establishments

Cap 59

5 years

Destroy

Forage Book

Where animals are on charge

-Cap 51 Cap 55

2 years

Destroy

Service order

All formations (by year)

Cap. 64

Permanent

General information register

All stations/ outposts, bases and unit bases

-Cap 24

Permanent

Imprest cash book

County/Formations and Sub-county

Cap.39

1 year

Destroy after obtaining authority from county/Formati on Commander

Inquest register

Traffic Stations and sub-counties

Cap 59

5 years

Destroy

Inquest files

Stations and sub-counties

-do-

5 years

Destroy

Inventory books

All police establishments

-do-

Permanent

Inward cheque and cash register

County/Formation and sub-county headquarters

Appendix 39

1 year subject to having been audited

Destroy after obtaining authority from County/Formati on Commander

Inquiry register

Station & sub-county/ formations and DCI

-

5 years

Destroy

Leave Register

County Sub-county/Formation headquarter and station, posts and out posts unit and unit bases

Cap 59

2 years

Destroy

Leave pass book

Sub-county/Formation headquarter and station, posts and out posts, unit and unit bases

Cap 59

5 years

Destroy

Lost and found property book

County, sub-county Stations and traffic Formations

Cap 59

5 years

Destroy

Local Purchase order books

County/Formation, sub-county (station as may be authorized by the county/formation commander

-Cap 39

2 years subject to having been audited

Destroy after obtaining authority from county/Formation commander

Delivery book

Where applicable

-

1 year

Destroy

Official receipt book

County/Formation Sub-county and police stations

Cap. 39

1 year subject being audited

Destroy after obtaining authority from Chief/county accountant

Motor vehicle/power plant log books

Where applicable/power plant to take charge

Cap. 36

Permanent during life of the vehicle or power plant

Medical treatment

Where applicable

1 year

Destroy

Occurrence book

All Police establishments

Cap 59

10 years

Destroy

Officers visiting books

All police Establishments

Cap 59

5 years

Destroy

Patrol register books

All police Establishments

Cap 59

2 years

Destroy

Paid cheques

Where applicable

Cap 59

6 years

Destroy after obtaining authority from county commander

Payment Voucher (copies)

-do-

-do-

3 years

-do-

Petrol, oil and diesel registers

-do-

Cap. 36

5 years

Destroy

Police Gazettes

All police establishments

Cap 59

2 years

Destroy but retain the wanted persons folder

Postage imprest register

Where applicable

Accounting instructions

1 year subject to having been audited

Destroy after obtaining authority from County/form commander

Pound book

Where applicable

Cap 59

2 years

Destroy

Detainees meal book

Stations, sub-county, outposts and posts including boarder control posts

Cap 15

2years

Destroy

Detainees cash register

Stations

Accounting instructions

2 years subject to have been audited

-do-

Detainees property book

Stations and posts, outposts including boarder control posts

Cap 15

1 year subject top have been audited

Destroy after obtaining approval from County/chief accountant

County standing orders

Headquarters of the county/ formation concerned and all sub-counties, stations, posts, outposts and formation within the command

Cap 64

Permanent

County weekly order/part one order

All counties, formations, sub-counties, stations, posts, within the county /formation

Cap 69

5 years

Destroy

Register of registered correspondents

Where applicable-

-

5 years

Destroy

Register of counterfoil receipt books

Where applicable

Cap 39

5 years subject to a certificate signed by the Exchequer and auditor that the entries are correct

Destroy after obtaining approval from County/formation commander

Register of outgoing Trunk calls

Where a post office telephone is installed

Cap 56

Until audited

Destroy

Telephone charges register

County/ Formation, sub-county headquarters

Accounting instructions

3 years

Destroy after obtaining authority of County/Formation commander

Traffic ticket book

Traffic section, stations and sub county

-

2 years

-do-

Traffic Charge Register

-do-

Cap 59

5 years

Destroy

Register of wanted persons

Stations and sub-counties

Cap 59

Permanent

-do-

Register of hire police

Sub-County, stations

Cap 57

2 years subject to having been audited

-do-

Sick register

Sub-county, Stations/posts, outposts including boarder control posts

-Cap 68

1 year

Destroy

Stations standing order

Sub-county, stations posts, and outposts

Cap 64

Permanent

Stores ledger

Where applicable

Cap.70

3 years subject to having been audited

Destroy

Receipt/ issues voucher etc

Where applicable

Cap.70

3 years subject to having been audited

Destroy

Summon books

Station and established process sections

Cap 59

3 years

Destroy

Vote ledger

Where applicable

Cap.39

1 year

Destroy after obtaining authority from county/formatio n commander

Water charges register

County, Sub-county/Formations

Cap.39

1 year subject to having been audited

Destroy after obtaining authority from county/formation commander

Warrant book

Stations and established process sections

Cap 59

3 years

Destroy

Workshop (communication) job sheet

Communication workshop

Cap 36

1 years

Destroy after auditing

Sh.

For a gazetted officer ...............

For a member of the Inspectorate..............

For a subordinate officer ..................

(1)

cost of Railway Warrants;

(2)

actual bus fares;

(3)

private car mileage,

(4)

subsistence or meals allowance;

(5)

hire of Police transport at Ksh — per Km

(6)

Procedure for Raising Charges —

Pending from previous year

Received during year

Served or executed during year

Returned to court unserved

Pending at end of the year

Summons, Notices, Decrees, Warrant of Arrest, Distress, Warrants, Attachments e.t.c

C.I

I.P

S.I

S/SGT

CPL

CONST

Establishment

Strength

P

Performing duty, or present for such duty. This entry shall be made in black ink in respect of personnel performing duty by day, and in red ink in respect of personnel performing duty by Night

O

Off duty but available in the formation area.

A

Absent without leave

L

Absent on leave

NR

Night rounds performed by day duty personnel. This entry shall be made in red ink and against it, also in red ink, shall appear in the Remarks column the date and relevant OB entry serial number

D

Detached; undergoing a course of instruction at the Police Training School or other training centre, absent from the formation on escort duty or attending course in another Sub-County An explanatory note shall be recorded in the "Remarks" column.

I

Interdicted

S

Sick.

To Messrs,

................................

................................

................................

FOUND PROPERTY

The under mentioned articles are forwarded for sale by public auction. Please acknowledge receipt on one copy of this letter:

L.F. No. DESCRIPTION SALE PRICE

Please indicate on the remaining copy of this letter the amounts received from the auction of the goods and send the list together with your cheque, to the ............................................

(The auctioneer shall be asked to forward his cheque and completed list to the regional Paymaster if the property was found in a Region, and to the Inspector General, Service Headquarters, P. 0. Box 30083, NAIROBI, in respect of property found in the Nairobi area

R.W.P .........................

Name ......................... ID/Other Identification No. ....................

Aliases ...................... Supervisee No. (if any) ..........................

Tribal Particulars:

Tribe ....................... Sub-County ..............................

Location .................... Sub-location ............................

Chief ....................... Village Elder ...........................

Warrant Book No .......................................................

Crime Complaint No ....................................................

C.R.O. Docket No ......................................................

Other particulars (physical description, associates, habits, etc)

.................................................................

Wanted for the offence of .......................................

Contra Section ..................................................

Case File No ....................................................

RECORD OF ACTION TAKEN TO EFFECT ARREST

Date Detail of Action Initials

Serial Numbers — entries in this Register shall be numbered serially irrespective of the year.

Index — An index of Wanted Persons shall be maintained in the front of the Reister.

CHAPTER 60 – RECRUITMENT, APPOINTMENT AND ENLISTMENT
1.

Object and purpose.

The object and purpose of this Chapter is to ensure that the Service conforms with the principles of public service contained in Article 232 of the Constitution and in particular—

(a)

accountability;

(b)

transparency and provision to the public of timely, accurate information;

(c)

fair competition and merit as the basis of appointments and promotions;

(d)

affording adequate and equal opportunities for appointment, training and advancement, at all levels of—

(i) men and women;
(ii) the members of all ethnic groups; and
(iii) persons with disabilities.
2.

This Chapter including the National Police Service Commission regulations and manuals creates a framework for members of the Service to comply with the requirements of the Constitution of Kenya 2010 and—

(a)

the National Police Service Act (Cap. 84);

(b)

the National Police Service Commission Act (Cap. 85);

(c)

Leadership and Integrity Act (Cap. 185C); and any other relevant law.

3.

Entry into the Service.

(1)

A person may be recruited to serve in the National Police Service in any of the following categories—

(a)

as a police constable;

(b)

on higher ranks through a cadet entry scheme;

(c)

as a specialist; or

(d)

as a civilian staff

(2)

All recruitments shall be carried out by the Commission at the request of the Inspector-General.

4.

Recruitment of civilians in the Service.

(1)

The Commission shall be responsible for the recruitment for all positions within the National Police service, including recruitment for —

(a)

vacancies for specific specialist positions; and

(b)

civilian functions within the National Police Service.

(2)

Candidates to be appointed to these positions shall include those from—

(a)

within the National Police Service; and

(b)

outside the National Police Service for services that do not require a police service background.

(3)

All recruitments shall be carried out at the request of the Inspector-General.

(4)

The recruitment process shall include the following steps—

(a)

adherence to the procedure outlined in regulation 12 of the National Police Service Commission (Recruitment and Appointment) Regulations with necessary modifications;

(b)

the commission shall invite the shortlisted applicants for personal interviews, and where relevant carry additional tests;

(c)

all appointments shall be communicated to the successful applicants by the commission.

(5)

The Commission shall, while undertaking recruitment into the Service, give due regard and opportunity to persons with disabilities where appropriate and practicable to do so.

5.

Entry requirements.

All candidates shall be required to meet the following minimum requirements—

(a)

be a citizen of Kenya;

(b)

hold a Kenya National Identity Card or Passport;

(c)

posses the required academic qualifications as shall, from time, be determined by the Commission for purposes of recruitment;

(d)

be aged between eighteen years and twenty-eight years for holders of Kenya Certificate of Secondary Education or its equivalent and up to thirty years for university graduates;

(e)

be physically and medically fit; and

(f)

have no criminal record or pending criminal charges.

6.

Recruitment procedure.

(1)

Where there is a vacancy, the Commission shall in collaboration with the Service, advertise using internal mechanisms.

(2)

The advertisement under h (1) shall include information on the—

(a)

application procedure;

(b)

criteria for the recruitment;

(c)

closing date of the application; and

(d)

any other information which the Commission may from time to time consider necessary.

(3)

The closing date shall be at least seven days from the date of publication of the advertisement.

(4)

The applications to the Commission shall include—

(a)

completed application form in the format specified by the Commission;

(b)

copy of the applicant’s identification card or passport;

(c)

copies of the applicant’s academic qualifications;

(d)

letter of recommendation in the prescribed format;

(e)

police certificate of good conduct; and

(f)

any other document as may be required by the Commission.

(5)

Upon receipt of the applications, the Commission shall shortlist applicants to be invited for the physical, aptitude and medical assessment as well as verification of the documents submitted.

(6)

In preparing the shortlist, due regard shall be given to ensure ethnic, gender and regional balance.

(7)

The Commission shall shortlist at least three times the number of candidates required for the vacancies available in a particular recruitment centre.

(8)

The Commission shall publish the names of the shortlisted applicants and invite the public to send their complaints and comments, if any concerning the suitability of the applicants.

(9)

The Commission shall notify the shortlisted applicants to attend the physical, aptitude and medical assessment and verification of documents of recruitment process.

(10)

The notification shall contain details of the date and venue of the said exercise and any other requirements.

(11)

The shortlisted candidates shall be required to avail themselves for the second phase of the recruitment exercise on the date and time specified and carry with them original version of the supporting documents and copies of such documents shall be submitted by the applicants to the Commission for verification.

(12)

The shortlisted candidates who fail to appear for the second phase of the recruitment exercise shall be disqualified.

(13)

The second phase of the recruitment process shall be carried out through the recruitment panels.

(14)

The recruitment panels shall submit to the Commission a list of all shortlisted candidates who appeared at the second phase of the recruitment process as well as the list of successful candidates.

(15)

The candidate shall, to the best extent possible, be two times the number of candidates required from that centre.

(16)

The Commission shall communicate to the successful candidates of their success in accordance with this Chapter.

7.

Reporting

The successful candidates shall report to the training institution on the date specified by the Commission in the admission letter.

8.

Complaint management

The Commission shall undertake a review of the returns submitted to ascertain whether the returns and the process of recruitment have met the prescribed standards.

(2)

If, upon review of the returns and of the entire recruitment process as required under h (1), the Commission finds anomalies that may bring integrity of the recruitment process into question or where a complaint has been received by the Commission against any step of the recruitment process, the Commission may undertake or cause to be undertaken an investigation into the recruitment process.

(3)

Where a report is received by the Commission upon investigation undertaken under h (2), the Commission may take corrective steps that may include the following—

(a)

disciplinary action against the concerned recruitment official;

(b)

annulment of results of the concerned recruitment centre or centres and order the repeat of the recruitment exercise in the affected centre or centres;

(c)

annulment and repeat of the entire exercise where the anomalies reported relate to most of the recruitment centres and affect the integrity of the entire exercise;

(d)

recommend for the prosecution of persons suspected of committing any criminal offences in the recruitment process; or

(e)

any action that the commission may consider appropriate.

(4)

In undertaking any action specified under paragraph (1) and (2) ,the Commission shall,in the performance of its functions—

(a)

investigate the complaint in any manner as it may be considered fit and just;

(b)

receive written or oral statements;

(c)

not be bound by the strict rules of evidence; and

(d)

require the cooperation of the state agencies, departments or organs as may be necessary for the effective discharge of its functions under these Regulations

9.

Publication of names of recruited candidates

(1)

The Commission shall publish the list of successful candidates after the recruitment process, in the local dailies or any other available media.

(2)

The publication referred to in h (1) shall specify the date of reporting to the relevant police training college.

(3)

Where, after lapse of three days from the date notified for reporting to the college, a candidate fails to report, as notified to the Commission, by the person in charge of the college, the candidate shall be deemed to have forfeited the offer of recruitment and the Commission shall, within four days, replace the candidate with another shortlisted candidate of the same gender and from the same ethic and regional group as the forfeiting candidate.

(4)

Subject to h (3), where a replacement of the same gender, ethnic and regional group as the forfeiting applicant cannot be obtained, the Commission shall replace the candidate with another shortlisted candidate.

(5)

All enlistments in the Service will be published in the weekly Orders of the respective Training Institution and in all units’ formation and components as appropriate.

10.

Appointment of Inspectorate and Junior Officers

The appointment of members of inspectorate and junior officers shall be governed by the provisions of the National Police Service Commission (Recruitment and Appointment)Regulations, National Police Service Act (Cap. 84), Service Standing Orders, Code of Conduct or any other written law.

11.

Direct entry Inspector

The National Police Service Commission, on recommendation of the Inspector-General, may directly appoint or recruit suitably qualified officers as inspectors into the service.

12.

Direct entry as Sergeant, senior Sergeant or Corporal

(1)

The National Police Service Commission, on recommendation of the Inspector-General, may directly appoint or recruit suitably qualified officers as Senior Sergeant, Sergeant or Corporal into the service.

(2)

A recruitment contemplated under h (1) may only be made in exceptional circumstances and the Commission shall, in each particular case, determine the qualifications and experience.

13.

Lower standards accepted in certain instances

Where a candidate for any position in the Service demonstrates outstanding qualities or skills, a slightly lower standard of physique than that defined in the conditions of enlistment may be accepted with the approval of the Commission.

14.

Enlistment of Ex-Police or Ex-Military

Retired or discharged National Police Service officers or other applicants with previous police or military service shall not be enlisted without authority from the Commission.

15.

Medical Examination

(1)

All candidates shall be medically examined by a Government Medical Officer at the respective center of recruitment.

(2)

The examination referred to in h (1) shall include physical examination, visibility test and X-Ray.

(3)

The medical officer examining the candidates shall prepare a report in respect of every person and submit it to person in charge of the recruitment exercise.

(4)

The sub-county committee shall pick three candidates for each allocated slot, out of which the best candidate will be picked after interpreting the medical examination report and criminal record.

16.

Fingerprints of recruits

(1)

The fingerprints of all selected applicants shall be forwarded to the Principal Criminal Registrar for classification and certification.

(2)

A criminal record report in relation to h (1) shall be forwarded to the Commission.

17.

Service registers

(1)

On arrival of trainees at the respective police training institutions, the Commandant or Commanding Officer shall prepare two copies of the Service Register and a Record of Service Card as well as County and Sub-County personal files for each trainee.

(2)

with regards to h (1), specialized units shall only open County files for each trainee.

(3)

Immediately after enlistment, one copy of the Service Register and one copy of the Record of Service Card shall be forwarded to the respective Service Headquarters.

(4)

On posting, the Service Register, County, Sub-County Files and the kit card shall be sent to the county or formation to which the trainee is posted.

18.

Trainees not to be accompanied by their spouses

The spouses of trainees shall not be allowed to accompany their spouses at the police training institutions.

19.

Enlistment of Bandsmen

(1)

The criteria and conditions of enlistment for constables shall apply to the enlistment of buglers and bandsmen and women.

(2)

Buglers and bandsmen and women shall be enlisted as musicians and shall not transfer to general police duties without the express authority of the Inspector-General.

(3)

Buglers and bandsmen and women authorized to transfer to general police duties shall attend a conversion course at a relevant Training Institution.

20.

Enlistment special talents

The Commission may vary the criteria and conditions for enlistment of constable trainees to suit candidates with outstanding qualifications or talents.

21.

Transfer from Operational units to General Duties

(1)

Any junior officer who, after nine years of service in operational units, wishes to be considered for transfer to general duties may apply to the Inspector-General for the transfer.

(2)

If the application under h (1) is accepted, the officer shall attend a refresher or conversion course at the Training Institution for the officers transferred from the operational units only.

22.

Oath of Office

In accordance to section 73 of the National Police Service Act (Cap. 84), every police officer shall, upon enlistment, make and sign before a police officer authorized by law to administer oaths or before the Inspector-General, the oath or the affirmation set out in the Fourth Schedule of the Act.

23.

Certificate of Appointment

(1)

A Certificate of Appointment is evidence of a Police Officer’s appointment for all purposes.

(2)

A certificate of appointment in a form prescribed by the National Police Service Regulations and signed by a Gazetted police officer authorized by the Inspector-General shall be issued to every person appointed as a police officer.

(3)

A police officer shall produce the Certificate of Appointment upon request by any person in relation to whom the officer is exercising or is about to exercise powers conferred by the law.

(4)

Failure to comply with h (3) shall invalidate any purported exercise of the powers that the officer seeks to exercise.

(5)

Notwithstanding the above, a police recruit will be deemed to be a police officer upon signing a letter of appointment.

24.

Terms and conditions

The terms and conditions of service shall include information relating to—

(a)

Service number;

(b)

probation period;

(c)

salaries and allowances;

(d)

other benefits, including, insurance, medical scheme, if any;

(e)

leave days;

(f)

performance management and expectations;

(g)

transfers;

(h)

retirement;

(i)

pensions; and

(j)

bonding of services.

25.

Appointment in acting capacity

(1)

Where a need arises for an urgent filling of a vacancy while awaiting a permanent appointment or an otherwise more permanent solution for the vacancy, a person may be appointed in an acting capacity, provided that he or she meets the requirements for the position in question.

(2)

The Inspector–General may appoint an officer into an office in an acting capacity, and shall immediately upon such appointment inform the Commission of such appointment pending the appointment of a substantive holder of that office.

(3)

Appointments in an acting capacity shall not be for more than six months.

26.

Leaving the Service

A police officer may leave the Service only by the modes prescribed under the National Police Service Act (Cap. 84) or the Service Standing Orders.

27.

Retention in Service

A police officer whose period of service expires during state of war or state of emergency or during any time when any special regulations are in force under any law relating to a state of emergency, may be retained in the Service and the service prolonged for such further period as the Inspector-General may direct, but not for more than six months after the ending of such state or time.

28.

Membership of International Organizations

A police officers may join an international police association in accordance with rules made by the Inspector-General.

29.

Training policy and Curriculum

(1)

The Commission shall—

(i) develop a training policy;
(ii) approve training curricula; and
(iii) oversee implementation of the policy and curricula.
(2)

The Commission shall regularly review the training curricula to ensure its relevance to policing requirements.

30.

Examination and Promotions

Examinations and Promotions in the Service shall be in accordance with Examinations and Promotions Order in these Service Standing Orders.

CHAPTER 61 – RELATIONS WITH DIPLOMATIC CORPS IN KENYA
1.

Handling of offences by representatives of foreign missions

Representatives of foreign missions and governments in the event of an offence committed within Kenya shall be handled in accordance with these Standing Orders, regulations and manuals as may be issued from time to time.

2.

Immunity from civil or criminal jurisdiction

(1)

Accredited diplomats and certain representatives of the United Nations Agencies are immune from the Civil or Criminal jurisdiction of the Republic, either as accused persons or as witnesses.

(2)

Diplomats enjoying immunity from the criminal jurisdiction cannot be compelled to appear in court either as accused persons or witnesses unless the immunity is waived by either the head of his or her mission or the head of his or her Government.

3.

Offences by diplomats

(1)

Where the police are notified that a diplomat has or is likely to commit an act or do anything which is contrary to the Laws of Kenya, an investigation to determine whether a criminal offence is disclosed shall be commenced immediately and a detailed report submitted to the Director of Public Prosecutions and Ministry of Foreign Affairs and International Co-operation through the Inspector- General.

(2)

Investigation on a diplomat shall continue having strict regard to these Standing Orders unless contrary directions are issued by the Office of the Director of Public Prosecutions.

4.

Diplomats’ families or other technical or administrative staff of the mission.

(1)

No court proceedings shall be instituted against a diplomat, a member of the technical or administrative staff of a foreign mission or a member of a family of a diplomat for any incident, in which he or she may be an offending party, complainant or an essential witness, unless with the express and written authority of the Director of Public Prosecutions.

(2)

The file containing details of the incident involving the diplomat, a member of the technical or administrative staff of a foreign mission or a member of the family of a diplomat shall be forwarded through the normal channels to the Office of the Director of Public Prosecutions for direction.

5.

Kenyan Nationals

Kenyan citizens employed by foreign missions do not enjoy diplomatic privileges and immunity but they are, inviolable while on the premises of the foreign mission or in a Diplomatic vehicle.

6.

Diplomats who are unable to provide identity

(1)

All diplomats may produce their accreditation cards on demand by police officers handling or investigating criminal incidents.

(2)

A diplomat who refuses or is unable to produce his card may not be inconvenienced if the police officer is satisfied that the diplomat is entitled to diplomatic privileges.

(3)

A police officer may detain a diplomat who commits an offence for which a police officer may arrest without warrant and when it is inadvisable to proceed by way of summons only where the officer has serious doubts as to the diplomat’s claim of diplomatic immunity.

(4)

The diplomat shall be released immediately he provides sufficient proof of his diplomatic immunity.

(5)

In all cases, a police officer shall make a report to the Service Headquarters through normal channels, as soon as possible.

7.

Waiving of diplomatic immunity

(1)

Where a police officer receiving a complaint of commission of a criminal offence including traffic offences from a diplomatic agent has reasonable grounds, if any prosecution were to result, that such agent is likely to be the sole or an essential witness to the commission of the offence, the agent shall sign a statement that the Head of his or her Mission shall be requested to waive the agent’s diplomatic immunity to enable him or her to give evidence in connection with the matter in question.

(2)

Where possible, before the accused person is taken to court the matter shall be referred to the Attorney General, so that he or she may take the matter up directly with the Head of the particular Mission.

(3)

Where it is not possible and the accused person is taken to Court before the Attorney-General is consulted, the matter shall be reported to him or her, as soon thereafter as possible.

(4)

If the diplomatic agent is not prepared, in these circumstances, to sign such an undertaking, a note to that effect shall be made on the statement and the matter referred immediately to the Attorney General through normal channels.

(5)

Criminal proceedings may not be commenced against consular or officers of a comparable status without the file being first submitted to the Attorney General for a decision as to whether or not it is a proper case for prosecution.

(6)

Paragraph (4) does not apply to minor traffic offences dealt with by means of a "ticket" under the Traffic Act, Cases in which "tickets" have been served on such officers shall invariably be referred by the Protocol Officer to the Attorney General, and if it is decided that it is a proper case for the usual courtesy to be extended, appropriate instructions shall be given to the Traffic Branch concerned.

8.

Inviolability and diplomats’immunity from criminal jurisdiction

(1)

Notwithstanding Articles 29 and 31, a person who is known or identifies himself or herself as a diplomat or otherwise entitled to diplomatic immunity and is found committing an offence which is likely to endanger life or result in a serious breach of peace such as being drunk while in-charge of a motor vehicle or creating a disturbance in a public place, and where it is in the interest of public or the party concerned he or she may be taken into custody and removed to the nearest police station.

(2)

The Head of Mission or other senior diplomatic officer shall be contacted either directly by the County or Formation Commander or through the Director, Directorate of Criminal Investigations or Staff Officer Operations, at National Police Service Headquarters and the offending diplomat handed over to him or her at the earliest opportunity.

(3)

If the offending diplomat is the Head of Mission, he or she shall be released as soon as practicable and escorted to his or her residence by the most senior officer present at the station, at the time.

(4)

While at the police station, the offending diplomat shall be accorded necessary respect and treated with courtesy and if circumstances permit, he or she shall not be placed in the cells but detained in a convenient office.

(5)

A police officer who has been called to deal with such incidents as mentioned in h (4) may, if it is deemed necessary in the public interest, or the interest of the party concerned, use reasonable force to restrain and detain an offending diplomat.

(6)

The Ministry in charge of Foreign Affairs shall issue identification cards in a prescribed format to accredited diplomats and certain representatives of the United Nations Agencies who enjoy diplomatic immunity and privileges. The details of these cards are

9.

Inviolability of Mission

(1)

The premises of the Missions are inviolable and hence the police have no right of entry to effect search or arrest, effect the service of summons or even conduct inquiries in relation to any person, within such premises, without the express permission of the Head of the Mission.

(2)

Where authority is required by the police to enter any premises for any reason the request and reasons for such entry shall be passed to the Inspector-General through the County or Formation Commanders through the fastest means for clearance through the Attorney-General and the Ministry of Foreign Affairs and International Trade.

(3)

The police, shall provide protection when necessary, to prevent intrusion, damage or breach of the peace at or adjacent to the premises of the Mission.

10.

Inviolability of diplomats’ residence

(1)

The Police may not enter the residence of a diplomatic agent except at the request of the diplomat or with the permission of the Head of Mission and in cases where the police require entry for any legitimate purpose, the police shall apply to the Inspector-General through the County or Formation Commander giving full reasons why entry is necessary.

(2)

No action may be taken by the police until approval has been obtained through the Ministry of Foreign Affairs and International Trade from the Head of Mission.

(3)

An official of the Mission shall accompany the police if permission is subsequently granted.

11.

Inviolability of mission archives and documents

(1)

Where through a traffic accident, theft or other incident, documents or other official papers of a Mission come into the possession of the police, such documents or official papers shall be taken to a police station and an immediate message passed to the National Police Service Headquarters through the County or Formation Commander.

(2)

The Officer in charge of the police station shall request that an official from the relevant Mission visit the police station and take possession of the documents or official papers.

(3)

The Officer in charge of the police station shall issue a receipt for such documents or official papers.

12.

Prohibited articles

(1)

A Police officer shall retain all prohibited articles, that come into his or her possession as a result of an accident or incident involving a diplomat’s personal belongings or other property while in transit by rail or road.

(2)

The relevant officer in charge of police station shall upon such retention, expeditiously inform the National Police Service Headquarters through normal channels and continue to retain the items until instructions are issued for their disposal.

13.

Movements of diplomats

(1)

There shall be special restrictions on the movement of foreign diplomats in Kenya who are generally on a reciprocal basis with those facilities accorded to Kenya.

(2)

A diplomatic staff in the country concerned, the restricted mission and the vehicle registration (code) numbers allocated to them are listed in Appendix 61(c).

(3)

Where a diplomat of a restricted Mission wishes to travel outside Nairobi, he shall apply, on proper form to the Principal Secretary, Ministry of Foreign Affairs for permission to do so and if such an application is approved, the diplomat shall be issued with a travel permit.

(4)

The permit under h (3) shall be carried throughout the travel and produced to a police officer upon demand.

(5)

A police officer may stop any diplomatic vehicle listed in Appendix 61(c) which is believed to be carrying

diplomats from the restricted Mission to check their documents and where the documents are found not in order, or not in their possession, the diplomats shall be advised to return to Nairobi and the local security intelligence officer informed of the details of the incident.

(6)

All other Foreign Missions other than those listed in Appendix 61(c) are classified as non-restricted and are not therefore required to obtain a travel permit, but shall inform the Ministry of Foreign Affairs, wherever they wish to meet Government officials in the field or where they would be involved in any public function.

14.

Freedom of communication

(1)

The agent of the Kenya Government which normally enforces control over the importation of mail and freight is the Customs and Excise Department.

(2)

Any mail or freight bearing a diplomatic seal is automatically inviolable and cannot be seized or opened by any person.

(3)

A mail and freight which is addressed to a Diplomatic Mission or a member of a Mission and which does not bear a diplomatic seal may technically be opened in the presence of an official from the Mission concerned. It is not, however, accepted practice to do so and, if information shall be received by the police that such mail or freight contains articles, the importation of which is prohibited by Kenyan law, then a full report shall be submitted by fastest means to the Service Headquarters through the County or Formation Commander for the information of the Office of the President.

(4)

Action shall not be taken by police except by written authority of the Ministry of Foreign Affairs and International Cooperation to do so and only in the presence of an official of the Mission concerned.

15.

Violation of traffic laws

(1)

Where a notification of a Traffic offences or notice violation of intended prosecution or summons to attend court or a related document in respect of a traffic violation is served on an offending diplomat, he or she is expected to accept it.

(2)

Where an alleged offender who is a diplomatic agent ignores or refuses to accept process, it shall in the first instance be sent by registered post to the Head of Mission under advice to Service Headquarters S.O. (Ops).

(3)

A request by a diplomat for the withdrawal of the process under the diplomatic privilege shall be referred to the Ministry of Foreign Affairs and International Cooperation. The Police, however, shall serve notice, process or issue ticket regardless of the action a Diplomat may take afterwards.

(4)

A police officer detecting an offence shall report all traffic violations by diplomats or other employees regardless of whether they are likely to claim diplomatic immunity, particularly where the offender is the official driver of the Mission and a national or a permanent resident of Kenya.

(5)

The National Police Service headquarters shall—

(a)

maintain a record of all traffic violations by diplomats, or their staff using diplomatic corps, vehicle or otherwise claiming diplomatic immunity; and

(b)

receive from County or Formation Commanders relevant details of such breaches for the attention of S.O. (Ops).

16.

Political asylum

(1)

A foreign national or member of the diplomatic corps seeking Political Asylum shall be referred by the police to the Director General of the National Security Intelligence Service who shall then liaise with the Ministry of Foreign Affairs and International Trade on the action to take.

(2)

In case the foreign national or member of the diplomatic corps seeking Political Asylum has committed an offence against the laws of Kenya, such person may, subject to these Standing Orders, be detained in custody pending a decision on his or her request.

For the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to them–

(a)

"head of the mission’ is the person charged by the sending state with the duty of acting in that capacity;

(b)

"members of the mission" are the head of the mission and the members of staff of the mission;

(c)

"members of staff of the mission’ are the members of the diplomatic staff, of the Administrative and technical staff and of the service staff of the mission;

(d)

"members of the diplomatic staff" are the members of staff of the mission having diplomatic rank;

(e)

"diplomatic agent’ is the head of the mission or a member of the diplomatic staff of the mission;

(f)

"members of the administrative and technical staff" are the members of staff of the mission employed in the administrative and technical service of the mission;

(g)

"member of the service staff" are the members of the mission in the domestic service of the mission;

(h)

"private servant" is a person who is in the domestic service of a member of the mission and who is not an employee of the sending state; and

(i)

"premises of the mission" are the buildings or parts of building and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the mission.

1.

The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission.

2.

The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.

3.

The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.

1.

The sending State and the head of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such as represent payment for specific services rendered,

2.

The exemption from taxation referred to in this Article shall not apply to such dues and taxes payable under the laws of the receiving state by persons contracting with the sending state or the head of the mission.

The archives and documents of the mission shall be inviolable at any time and wherever they may be.

1.

The receiving State shall permit and protect free communication on the part of the mission for all official purposes. In communicating with the Government and other missions and consulates of the sending State, wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. However, the mission may install and use a wireless transmitter only with the consent of the receiving State.

2.

The official correspondence of the mission shall be inviolable. Official correspondence means correspondence relating to the mission and its functions.

3.

The diplomatic bag shall not be opened or detained.

4.

The packages constituting the diplomatic bag shall bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use.

5.

The diplomatic courier, who shall be provided with an official document indicating his/her status and the number of packages constituting the diplomatic bag, shall be protected by the receiving State in the performance of his/her functions. He or she shall enjoy personal inviolability and shall not be liable to any form of arrest or detention.

6.

The sending State or the mission may designate diplomatic couriers ad hoc. In such cases the provisions of paragraph 5 of this Article shall also apply, except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the diplomatic bag in his or her charge.

7.

A diplomatic bag may be entrusted to the captain of a commercial aircraft scheduled to land at an authorized port of entry. He or she shall be provided with an official document indicating the number of packages constituting the bag but he or she shall not be considered to be a diplomatic courier. The mission may send one of its members to take possession of the diplomatic bag directly and freely from the captain of the aircraft.

The fees and charges levied by the mission in the course of its official duties shall be exempt from all dues and taxes.

The person of a diplomatic agent shall be inviolable. He or she shall not be liable to any form of arrest or detention, The receiving State shall treat him/her with due respect and take all appropriate steps to prevent any attack on his or her person, freedom or dignity.

1.

The private residence of a diplomatic agent shall enjoy the same Inviolability and protection as the premises of the mission.

2.

His or her papers, correspondence and, except as provided in paragraph 3 of Article 31, his or her property, shall likewise enjoy inviolability.

1.

A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction except in the case of:

(a)

A real action relating to private immovable property situated in the territory of the receiving State, unless he or she holds it on behalf of the sending State for the purpose of the missions;

(b)

An action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State;

(c)

An action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his or she official functions.

2.

A diplomatic agent is not obliged to give evidence as a witness.

3.

No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under subparagraphs (a), (b) and (c) of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviolability of his or her person or residence.

4.

The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him or her from the jurisdiction of the sending State.

1.

The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State.

2.

The Waiver shall always be express.

3.

The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under Article 37 shall preclude him or her from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.

4.

Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver shall be necessary.

1.

Subject to the provisions of paragraph 3 of this Article, a diplomatic agent with respect to services rendered for the sending state shall be exempted from social security provisions which may be in force in the receiving State.

2.

The exemption provided for in paragraph 2 of this Article shall also apply to private servants who are in the sole employment of a diplomatic agent on condition—

(a)

That they are not nationals of or permanently resident in the receiving state; and

(b)

That they are covered by the social security provisions which may be in service in the sending state or third state.

3.

A diplomatic agent who employs persons to whom the exemption provided for in paragraph 2 of this Article does not apply shall observe the obligations which the social security provisions of the receiving state imposed upon employers.

4.

The exemption provided for in paragraphs 1 and 2 of this Article shall not preclude voluntary participation in the social security system of the receiving State provided that such participation is permitted by that State.

5.

The provisions of this Article shall not affect bilateral or multilateral agreements concerning social security concluded previously and shall not prevent the conclusion of such agreements in the future.

A diplomatic agent shall be exempted from all dues and taxes, personal or real, national, regional or municipal, except –

(a)

Indirect taxes of a kind which are normally incorporated in the price of goods or services;

(b)

Dues and taxes on private immovable property situated in the territory of the receiving State, unless he or she holds in on behalf of the sending State for the purposes of the mission;

(c)

Estate, succession or inheritance duties levied by the receiving State, subject to the provisions of paragraph 4 of Article 39;

(d)

Dues and taxes on private income having its source in the receiving State and capital taxes on investments made in commercial undertakings in the receiving State;

(e)

Charges levied for specific services rendered;

(f)

Registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property subject to the provisions of Article 23.

The receiving State shall exempt diplomatic agents from all personal services, from all public service of any kind whatsoever, and from military obligations such as those connected with requisitioning, military contributions and billeting.

1.

The receiving State shall, in accordance with such laws and regulations as it may adopt, permit entry of and grant exemption from all customs duties, taxes, and related charges other than charges for storage, cartage and similar services on–

(a)

articles for the official use of the mission;

(b)

Articles for the personal use of a diplomatic agent or members of his or her family forming part of his or her household, including articles intended for his or her establishment.

2.

The personal baggage of a diplomatic agent shall be exempt from inspection, unless there are serious grounds for presuming that it contains articles not covered by the exemptions mentioned in paragraph 1 of this Article, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the receiving State. Such inspection shall be conducted only in the presence of the diplomatic agent or of his or her authorized representative.

1.

The members of the family of a diplomatic agent forming part of his or her household shall, if they are not nationals of the receiving State, enjoy the privileges and immunities specified in Articles 29 to 36

2.

Members of the administrative and technical staff of the mission, together with members of their families forming part of their respective households, shall, if they are not nationals of or permanently resident in the receiving State, enjoy the privileges and immunities specified in Articles 29 to 35 provided that the immunity from civil and administrative jurisdiction of the receiving State specified in paragraph 1 of Article 31 shall not extend to acts performed outside the course of their duties. They shall also enjoy the privileges specified in Article 36, paragraph 1, in respect of articles imported at the time of first installation.

3.

Members of the mission who are not nationals of or permanently resident in the receiving State shall enjoy immunity in respect of acts performed in the course of their duties, exemption from duties and taxes on the emoluments they receive by reason of their employment and the exception in Article 33.

4.

Private servants of members of the mission shall, if they are not nationals of or permanently resident in the receiving State, be exempt from dues and taxes on the emoluments they receive by reason of their employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State shall exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the function of the mission.

1.

Except in so far as additional privileges and immunities may be granted by the receiving State, a diplomatic agent who is a national of or permanently resident in that State, shall enjoy only immunity from jurisdiction and inviolability in respect of official acts performed in the exercise of his or her functions.

2.

Other members of the staff of the mission and private servants who are nationals of or permanently resident in the receiving State shall enjoy privileges and immunities only to the extent admitted by the receiving State. However, the receiving State shall exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.

1.

Every person entitled to privileges and immunities shall enjoy them from the moment he or she enters the territory of the receiving State on proceeding to take up his or her post or, if already in its territory, from the moment when his/her appointment is notified to the Ministry of Foreign Affairs and International Co-operation or such other ministry as may be agreed.

2.

When the functions of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment when he or she leaves the country, or on expiry of a reasonable period in which to do so, but shall subsist until that time, even in case of armed conflict. However, with respect to acts performed by such a person in the exercise of his orher functions as a member of the mission, immunity shall continue to subsist.

3.

In case of the death of a member of the mission, the members of his or her family shall continue to enjoy the privileges and immunities to which they are entitled until the expiry of a reasonable period in which to leave the country.

4.

In the event of the death of a member of the mission not being a national of or permanently resident in the receiving State or a member of his or her family forming part of his orher household, the receiving State shall permit the withdrawal of the movable property of the deceased, with the exception of any property acquired in the country the export of which was prohibited at the time of his or her death. Estate, succession and inheritance duties shall not be levied on movable property the presence of which in the receiving State was due solely to the presence there of the deceased as a member of the mission or as a member of the family of a member of the mission.

1.

If a diplomatic agent passes through or is in the territory of a third State, which has granted him or her a passport visa if such visa was necessary, while proceeding to take up or to return to his or her post, or when returning to his or her own country, the third State shall accord him orher inviolability and such other immunities as may be required to ensure his or her transit or return. The same shall apply in the case of any members of his or her family enjoying privileges or immunities who are accompanying the diplomatic agent or travelling separately to join him/her to or to return to their country.

2.

In circumstances similar to those specified in paragraph 1 of this Article, third States shall not hinder the passage of members of the administrative and technical or service staff of a mission, and of members of their families, through their territories.

3.

Third States shall accord to official correspondence and other official communications in transit, including messages in code or cipher, the same freedom and protection as is accorded by the receiving State. They shall accord to diplomatic couriers, who have been granted a passport visa if such visa was necessary and diplomatic bags in transit the same inviolability and protection as the receiving State is bound to accord.

4.

The obligations of third States under paragraph 1, 2 and 3 of this Article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and diplomatic bags, whose presence in the territory of the third State is due to Service majeure.

Type

Colour

Diplomatic Identity Card

Red

Consular Identity Card

Green

Identity Card for Administrative and Technical staff in Foreign Missions

Buff

Identity Card for Officials for U.N. Agencies

Blue

Identity Card for Experts, Administrative and Technical staff of U.N. Agencies

Buff

After letters CD or CC are given the Missions vehicle number i.e. 1, 2, 3, etc., followed by letter K. Number 1 after CD or CC is always used by the Head of the Mission.

Valid from...................... To.......................(dates).

1.

Full name of Holder.....................

2.

Mission..............................

3.

Registration No. of Vehicle .............................

4.

Destination ...............................

5.
(a)

Date of Travel..............................

(b)

Route to be followed ............................

6.
(a)

Date of return .............................

(b)

Route to be followed ....................................

7.

Where staying (name of Hotel or club or name of post and address) ...............................

8.

Type of visit (official or private, if official, under the auspices of which Ministry?) ...................

9.

Purpose of visit (Details) ...................

Signature of

Applicant

Date .............

Official stamp of Mission

Application submitted on ........................

Authority granted/Not granted...........................

Permanent Secretary, Ministry of Foreign Affairs and International Co-operation.

Official stamp of Ministry

Date .............................

Relations with the Diplomatic Corps in Kenya

GENERAL CONDITIONS

1.

This permit shall be produced to Police/Administration Officers on demand.

2.

The permit is issued subject to cancellation without notice.

IMPORTANT

1.

The applicant shall complete paragraph 1 to 9.

2.

This form shall be submitted to the Ministry of Foreign Affairs and International Co-operation at least TEN DAYS before the date of travel.

CHAPTER 62 – REPORTS AND RETURNS ORDER

1. Annual Reports

(1)

Respective Service Headquarters shall issue a proforma prescribing the format and frequency of preparing annual reports.

(2)

Annual reports shall be submitted to the respective Deputy Inspectors-General, Director Directorate of Criminal Investigations, and Director Internal Affair Unit who shall then compile and forward to the Inspector-General.

2. Incidents to be recorded

(1)

It is the obligation of the Service Formation to record every reported incident reported to have occurred under their area of jurisdiction in one or more of the following categories—

(a)

citizen reports of crimes;

(b)

citizen complaints;

(c)

citizen requests for services when–

(i) a police officer is dispatched; or
(ii) a police officer is assigned to investigate; or
(iii) a police officer is assigned to take action at a later time;
(d)

criminal and non-criminal cases initiated by law enforcement officers; and incidents involving arrests, citations, or summons.

3. Annual Reports

In no circumstances shall any report be furnished or made accessible to unauthorized persons except with the written authority of the Inspector-General.

4. Confidential Quarterly Statistical

The Director of Criminal Investigation shall submit a quarterly statistical summary of crime to the Inspector-General and the return shall contain a summary of the crime in each Sub-County, County or Formation and for the Republic as a whole and shall be submitted on the prescribed form.

5. Monthly status of crime report

The Director, Directorate of Criminal Investigation shall submit a monthly status of crime to the Inspector-General summarizing the reports received from County or Formations and a copy of the report shall be sent to staff officer (operation) Service Headquarters.

6. Daily crime reports

(1)

Officers-In-Charge of Police Stations and Sub-Counties shall, not later than 08.30 Hours daily, dispatch to their County Headquarters a comprehensive report of all Penal Code Crime, corruption and firearm offences and other serious incidents including fatal and serious accidents reported to their stations during the preceding hours.

(2)

The report shall contain all the essential details regarding the incidences, including name of Station, County, Criminal Register Number or Occurrence Book Number, Map reference or Township, Road, Name of complainant, and short précis’ of the offence or modus operandi etc. Daily crime and incident reports shall, where possible, on security and economic grounds, be sent through the Police radio network but they may be sent either by email, telephone and fax .

(3)

On receipt of the daily crime and incident reports from the police stations, the County Commander or his or her deputy shall consolidate all reported crime or incidents and submit in clear and detailed format necessary information to his or her County Headquarters each day before 09.00 Hours.

(4)

County Headquarters shall consolidate the daily crime and incident reports received from the County and submit the same to the Operations Room at the Service Headquarters by 09.30 hours each morning including Sundays and public holidays.

(5)

The Daily Crime and Incident Reports for all formations and units shall reach the respective Service Headquarters operations before 08.30 hours.

(6)

Crime and incidents of major importance shall be reported immediately to the duty officer, Operations Room, Service Headquarters by telephone or radio and later confirmed -by signal and included in the Daily Crime Report.

(7)

County and Formation Commanders shall submit in the prescribed form a true daily crime state to respective Service Headquarters Operations Room which shall maintain a consolidated true crime state on daily basis.

(8)

Flash reports shall be submitted to the duty officer, Operations Room, Service Headquarters either by station or County Headquarters and repeated to the respective County or County Headquarters.

7. Reports of Major Importance

(1)

Matters of major importance shall be reported directly to the duty officer, respective Service Headquarters by the quickest available means and shall not await the routine inclusion in the Daily Crime Report as provided in paragraph 7.

(2)

Matters under paragraph (1) may involve persons of public importance as victims or accused in offences, or major incidents involving security or public safety and may include–

(a)

murder and attempted murder;

(b)

manslaughter;

(c)

rape and defilement;

(d)

suicide and attempted suicide;

(e)

indecent assaults on women and children;

(f)

serious traffic accidents;

(g)

armed robbery;

(h)

civil disturbances;

(i)

strike reports;

(j)

tribal clashes;

(k)

international Border raids and transgressions;

(l)

earthquake;

(m)

flood and other major disasters;

(n)

aircraft crashes; or

(o)

terror attacks.

(3)

The Officer concerned shall use his or her own professional judgement to assess the cases or circumstances which constitute the subject of immediate report under this section and the Officer concerned shall ensure that, as is practical, details of important matters shall be available to respective Service Headquarters, as soon as, if not sooner than, they, are available to the press.

8. Withhold release

(1)

Crime and incidents reports shall be released to the press at 11.00 hours on a daily basis.

(2)

Police officers originating crime reports may request "withhold release" where the premature publication of an accused or complainant’s name or other specific details of the offence, may prejudice further investigation.

(3)

"withhold release" may be requested in respect of the name of a deceased person where the next of kin has not been informed of the death and the name may be released within 48 hours later by the respective Service Headquarters’.

(4)

"withhold release" may not be, applied in respect of an accused person after that person has appeared before court.

9. Summary of Daily Crime & Incident Reports

On receipt of the Daily crime and Incident reports from County or Formation, Staff Officer (operations) in the respective Service Headquarter shall compile a summary of all crimes and incidents of major importance and issue according to the approved distribution list at 1100 hours daily.

10. Issue of "Flash" reports

(1)

On receipt of "flash’ and verbal reports requiring immediate notification, Staff Officer (operations) in respective Service Headquarters shall issue special "flash" reports as soon as possible to distribution list "internal" or "external" as appropriate.

(2)

Where "flash" reports are to be received out of office hours the recipients of such reports shall be informed by telephone by the Duty Officer at respective Service Headquarters.

11. Returns

(1)

The Officer in Charge of the Formation shall fill and submit returns in a format prescribed by these Standing Orders.

(2)

When delay occurs in the submission of return, a report giving reasons for such delay shall accompany the returns.

12. Calls Requiring a Police Report

(1)

The following incidents shall require a formal police report–

(a)

all felonies;

(b)

all Part I crimes, as defined in Index Code 2201;

(c)

all Part II crimes and miscellaneous incidents;

(d)

motor vehicle traffic accidents involving death, injury, or extensive property damage;

(e)

racial, religious or ethnic incidents;

(f)

incidents of domestic violence or family violence;

(g)

any incident resulting in the arrest of any person;

(h)

incidents resulting in the death of any person not due to verified natural illness; and

(i)

deaths resulting from natural illness, when not under a doctor's care, also require an investigation and written report.

(2)

All police reports created as a result of sub paragraph (f) of this Order shall include the relationship of the victim to the offender and initiating circumstance.

13. Timelines of the reports

A member of the Service shall submit all necessary reports on time and reports shall be completed in accordance with report writing procedures issued by the Service.

14. False reporting

(1)

A member of the Service shall not knowingly enter or cause to be entered any inaccurate, false, or improper information or misrepresent the facts in the department records or reports a violation of this policy may result in discipline up to and including termination.

(2)

A member of the Service who willingly and knowingly enter or cause to be entered any inaccurate, false or improper information or misrepresents facts in records or reports shall be liable upon conviction to disciplinary action which may include termination from the Service.

15. Style of report writing

(1)

The following guidelines shall assist police officers in preparing acceptable police reports –

(a)

police reports are similar in writing style to newspaper stories and the report shall be a concise and succinct reporting of the important facts of the investigation, beginning with the elements of the crime;

(b)

all reports shall be written in active tense in short sentences and paragraphs;

(c)

all reports shall be written in simple language devoid of "legalese" or jargon and the Officer preparing a police report shall avoid using words or phrases that are not used in daily speech and written communication;

(d)

organize the report in a logical sequence usually, the sequence of events as reported to you is the most understandable or desirable style and once a pattern is established in an investigation, it is helpful to write the narrative in the chronological order of events as they happened;

(e)

write in the first person singular when reporting what you did, whom you interviewed, or what you observed. When describing your own role in the case, write "I", rather than "Officer SO AND SO " or "the undersigned", did this or that;

(f)

describe the role of each person named in the report. The first time a name appears, usually in the blocks reserved for the victim, witnesses, or suspects, it should be completely identified by full name, address, and date of birth, telephone numbers, and any other identification available;

(g)

during subsequent references to a person already named, refer to him or her by last name, not by labels such as "witness #1", "block number 13", or "the victim". If there are two or more persons of the same last name, add the first name, or a title such as Mr. or Mrs. that shall specifically identify the person;

(h)

use standard or commonly accepted abbreviations only and when in doubt, do not abbreviate;

(i)

avoid ambiguity;

(j)

do not use slang or colloquialism unless it is a direct quote, indicated by quotation marks; and

(k)

proofread the report and make certain that it is written in correct grammar, spelling, and punctuation, use a dictionary and a thes aurus to check your work.

(2)

The narrative portion of the report should consist of an introduction, the body, and a conclusion.

CHAPTER 63 – RULES FOR THE NATIONAL POLICE SERVICE RIFLE MEETINGS

1. Meeting

(1)

The Inspector-General shall, with recommendations of the serving Council members, appoint a Range Council comprised of—

(a)

a Chairperson;

(b)

Vice-Chairperson;

(c)

fifteen members drawn from the National Police Service; and

(d)

co-opted members, where necessary.

(2)

A rifle meeting shall be conducted under the general direction of the Inspector-General of Police who may delegate to the Range Council Committee full authority to decide upon all matters connected with the implementation of the rules under this Chapter.

(3)

The holders of the offices of principle deputy to the Deputy Inspector-General Kenya Police Service and the Commandant Administrative Police Training College shall, by virtue of their offices, be the Chairperson and Vice Chairperson respectively.

(4)

The Council may invite any member of the Service or any person to a council meeting who may furnish the Council with certain information it may require.

(5)

The quorum of the Council shall be formed by ten of its members of whom one shall be the Chairperson or the Vice-Chairperson, however, the Chairperson may appoint any council member to chair a meeting.

(6)

All decisions of the Range Council in the exercise of its powers shall be final.

2. Range Council

(1)

The Range Council shall be empowered to vary these rules, including the cancellation of whole or part of any competition, whether commenced or not, upon such conditions, if any, as the Council may determine, if in its opinion, such variation or addition is necessary.

(2)

The Range Council shall be authorized to impose, mitigate or remit such penalties as are set out in these Rules.

(3)

The Range Council shall be the final body of appeal in all matters of dispute.

3. Rules and Regulations

(1)

The Rules governing a rifle meeting shall be—

(a)

the regulations, including Appendices, which are of general application; and

(b)

conditions set out by the Range Council for each competition.

(2)

Competitors must acquaint themselves with the Rules and any notices published by the Range Council.

(3)

Ignorance of the Rules and any notices published by the Council shall not be accepted as an excuse.

4. Butt Party

(1)

The butt markers shall be provided by the National Police Service Training Colleges that is, the Administration Police Training College, Kenya Police College and the General Service Unit T/S.

(2)

The Chief Butt Officer, together with other butt officers shall be appointed by the Range Council during each annual shoot and the appointed officers shall be experienced in musketry to qualify for appointment.

5. Teams

The National Police Service teams, for the purpose of rifle meetings, shall be as set out in Appendix 63(a).

6. Competition Entry

In the "open" competitions, entries shall be accepted from teams as set out in Appendix 63(b).

7. Composition of Teams

(1)

In all team competitions, unless the conditions otherwise specify, the composition of the team shall be optional.

(2)

Except in "Open Competitions", all competitors must be serving police officers.

(3)

The women teams shall fire competition as per the rules set out under this Order.

(4)

The National Police Reserve shall participate as a team in competitions, however, members of the National Police Reserve may be allowed to participate as individuals in rifle events.

(5)

No Competitor may enter a competition both as a member of a team and as an individual.

(6)

Each Unit may enter one team per competition, unless the conditions state otherwise.

(7)

The rifle meeting shall be held in the month of October, in every year, if the exigencies of the Service permit and the date of the meeting shall be published in the Service Orders at least three months before the commencement of the meeting.

(8)

The Kenya Police College shall be responsible for the publication and distribution of entry forms which shall contain the relevant details of entry fees and administrative arrangements.

(9)

The closing date for submission of number entries shall be the 1st August of every year, addressed to the Competition Secretary, the Kenya Police College, Private Bag, Kiganjo.

(10)

All ammunition fired at the rifle meeting shall be supplied by the Deputy Inspectors-General Kenya Police Service and Administration Police Service to the Unit where the meeting shall be held.

(11)

For the purpose of practice, the scale set out in Appendix 63 (c) may be allowed.

8. Service Rifle

(1)

Except in open competitions, only the rifle under the charge of the National Police Service may be used, unless otherwise stated.

(2)

The 7.62mm. rifles shall be used as issued to Kenya or Commonwealth Government without any unauthorized alterations or additions.

9. Slight Back sight

(1)

The only alterations permitted during a rifle practice shall be to the foresight and changing of the butt.

(2)

The sling shall be removed from the rifle.

(3)

The back sight as issued shall be used and may not be adjusted laterally once a practice has begun.

10. Fore Sight

(1)

The foresight blade may be undercut and the height may not be adjusted once practice has begun.

(2)

Wind shall be allowed for aiming off and it shall be a contravention of paragraph 39 of this Order to move either sight for this purpose.

(3)

Sights may be blackened, but nothing may be affixed for shading the slights.

(4)

For purposes of pulling of trigger the following minimum shall be observed—

(a)

S.L.R. (7lb-3.175 kg.);

(b)

AK 47 minimum (4lbs); and

(c)

G3 minimum (12lbs).

(5)

Every rifle must be fitted with a safety catch.

(6)

The butt may be changed, lengthened or shortened and a butt plate of some service pattern must be fitted.

(7)

Where a gas plug is fitted it shall be set to fire ball ammunition and single shot loading shall not be permitted.

(8)

The bipod, if fitted, may not be used as a support for the rifle when firing.

11. Service Ammunition

Only Service ammunition issued at the meeting shall be used.

12. Pistol and their ammunation

(1)

The word "pistol" means all types of hand-guns whether single loading, semi-automatic or revolvers.

(2)

Except in "open" competitions, only pistols under the charge of the National Police Service may be used.

Unless otherwise stated, all pistols shall conform to the conditions set out in paragraphs 35 to 37 of this Order.

(3)

The following specifications for pistols may be used—

(a)

"38" Revolver or 9 mm. semi-automatic pistols capable of safely using service ammunition and, in the opinion of the committee suitable for police purposes;

(b)

barrel-Maximum length 6";

(c)

pull of trigger - Smith & Wesson Minimum 4 lb;

(d)

Webley & Scott Minimum 5 lb; or

(e)

semi-Automatic pistol Minimum 4 lb.

(4)

The only alterations permitted are to the foresight and changing of the butt.

13. Butt plate

Larger or smaller than the standard size butt-plates may be used provided that they are similar in shape to those issued with any type of pistol which complies with this paragraph, and in particular—

(a)

have no indentations other than the normal checkering;

(b)

are symmetrical so that the pistol can be used with equal efficiency with either hand; and

(c)

padding or whipping of butts shall not be allowed.

14. Sights

(1)

Strictly open metal sights of standard type shall be allowed.

(2)

Sights may be blackened or whitened, but not coloured, and shall be adjusted using a string.

15. Targets, Markings and Scores

(1)

Particulars of the various targets shall be as set out in in Appendix 63(d) of these Rules.

(2)

When a shot touches the line between two divisions of the target, the competitor shall be credited with the higher value.

(3)

In all competitions, the appropriate gauge shall be used to determine the value of doubtful shots.

(4)

No competitor may, under any circumstances, knowingly claim or accept points which he or she has not made, or connive at any such conduct by another competitor.

(5)

During deliberate rifle competitions, each shot will be separately signalled and the value of a hit shall be shown by a value disc on the same target, and its actual position by a spotting disc as—

(a)

bull-bottom right-hand corner of the target-four points;

(b)

inner-bottom left-hand corner of the target-three points;

(c)

magpie-Top right-hand corner of the target-two points;

(d)

outer-Top left-hand corner of the target-one point; and

(e)

a miss-will be indicated by blank target-zero points.

16. Ricochet

(1)

A ricochet shall be recorded as a miss.

(2)

A shot will not be marked as a ricochet unless it gives evidence by throwing sand or dirt against the target or into the markers gallery that it has previously struck the ground.

(3)

An elongated hole is not, by itself, evidence of a ricochet.

(4)

If no hit is signalled after a shot has been fired, the firer may request the Range Officer to have the targets examined and signalled free of charge.

(5)

If on examination of the target no hit is found, the competitor may claim to have this target re-examined by depositing Kshs.100 under the conditions given in paragraphs (5) to (8).

(6)

The signalled value of a hit may be challenged once only before any other shot is fired at the same target, a deposit of Kshs.100 being first paid to the Range officer.

(7)

If the marking in question is confirmed, the deposit shall be forfeited, if on the contrary, the objection proves well-founded, the deposit will be returned and the score altered accordingly.

(8)

An appeal against such decision may be made to the Range Council in writing upon a deposit Kshs. 200.

17. Competition

(1)

In all Rifle competitions—

(a)

sighting shots will be marked with a marker and a spotting disc;

(b)

when a detail has completed all the practices of a competition, the total number of hits in each division of the targets of each competitor will be communicated to the Chief Range Officer and he or she will record such hits on the appropriate competitor’s score card.

(2)

A competitor may ask for his or her score to be repeated by pocket phone and shall pay the challenge deposit of Kshs. 200 before this is done.

(3)

If the score under paragraph (2) is confirmed the deposit is forfeited.

(4)

Targets will not be patched out until the Chief Range Officer so orders when he or she is satisfied that there is no complaint.

(5)

For pistol and similar competitions, the scores will be assessed by the Range Officer in the presence of the firer.

18. Dress or aids to Shooting

(1)

All Competitors shall wear the range dress, relevant to their Service.

(2)

Raincoats or wet weather clothing of their Service type may be worn only if sanctioned by the Range Officer.

(3)

Under no circumstance may a combination of uniform and plain clothes be worn during a competition.

(4)

Equipment need not be worn except as may be expressly specified in the conditions set out by the Range Council for the competition.

(5)

Padding of soft material such as cloth, leather, sheepskin, or rubber not exceeding ½" thick may be used only in the following places—

(a)

on the shoulder;

(b)

on the elbows; and

(c)

on the upper arm.

(6)

The padding under paragraph (5) shall not be worn on the outside of the uniform.

(7)

Strap-on elbow pads or hose-tops may be worn, but not in addition to padding on the elbows if the combined thickness would exceed ½".

(8)

The insertion of any material except a folded handkerchief between a firer’s face and the butt of his or her rifle shall not be allowed.

(9)

The use of guntlet gloves of any kind is forbidden.

(10)

Spectacles or eyeglasses may be worn.

(11)

Orthoptics shall not be allowed.

(12)

Binoculars and telescopes together with stands or rests may be allowed, provided they do not inconvenience other competitors.

(13)

Binoculars and telescopes must be supported by hand when spotting in rapids of snap shooting.

(14)

A competitor may not screen himself or herself and his or her firearm from the sun or the weather, or allow anyone else to do so.

(15)

Nothing may be attached to a firearm to protect it from the sun or the weather, but a piece of soft material may be placed over the action.

(16)

Unless otherwise specified, all practices will be fired in the prone position as provided below—

(a)

prone — the butt plate of the rifle must be placed against the shoulder or armpit and all parts of the rifle and of the arms below the elbow including clothing must be visibly clear of the ground and of all other objects and the back of the forward wrist must be 4 inches clear of the ground;

(b)

standing — erect on both feet, no other part of the body to touch the ground or any other object, the rifle may be supported by the forward hand under the magazine and the elbow of the arm may be rested on the hip but any form of artificial support is prohibited;

(c)

kneeling — no part of the body should touch the ground or any other object except one foot and the other leg from the knee downwards and the forward elbow may rest on the knee;

(d)

Sitting — the weight of the body supported on the buttocks, no part of the body above the buttocks to touch the ground or any other object, the legs may be apart or crossed and may be in front of the edge of the firing point and the rifle may be held in any convenient way, provided the butt is in the shoulder or armpit.

(17)

No artificial rest or attachment for steadying the weapon or arm shall be allowed.

(18)

With the self-loading rifle, the magazine may touch or rest on the forearm but shall not be held in any way with the forward arm.

(19)

Single shot loading shall not be allowed.

(20)

The gas plug must be set to fire ball ammunition and the magazines shall not touch the ground.

(21)

A competitor may use a ground-sheet, overcoat or similar article provided that it is laid flat on the ground.

(22)

Holes may not be made on the firing point.

(23)

It is forbidden to use any artifice to facilitate shooting not expressly permitted by these Rules, which is contrary to the spirit of the meeting.

19. Conduct of Shooting

(1)

When at the firing point, a competitor shall comply with all orders given by the Range Officer or by any person acting under his or her orders.

(2)

A team may replace a competitor, if need be and if practicable, who has been injured during the competition if the injury is proven beyond reasonable doubt that it did not occur due to any negligence or omission on the part of the competitor.

(3)

When a competitor is replaced under paragraph (2), the incoming competitor shall not be allowed to repeat any practice that has already been fired by the outgoing competitor whether in part or complete and the competitor who has been replaced shall not be allowed to fire again in the same competition.

(4)

A competitor must be present immediately in rear of his or her allotted firing point and ready by his or her appointed time.

(5)

Anyone who is not ready at his or her proper time forfeits his or her right to shoot.

(6)

Competitors, while on the firing point, shall not give or willingly receive any information or advice in the nature of coaching.

(7)

No persons, other than the competitors firing and the staff on duty, shall be allowed on the actual firing points.

(8)

Screening a competitor or his or her firearm from the sun or weather shall not be allowed in any competition.

(9)

No person shall be allowed to make any noise or disturbance likely to affect a competitor and the Range Officer may have any person contravening this rule, removed from the vicinity of the firing point.

20. Safety Precautions

(1)

All firers attending the rifle meeting will on a daily basis carry out normal safety precaution in the presence of the Chief Range Officer before the commencement of range practices in the morning and will carry out range declarations at the closure of range practices within the range.

(2)

No competitor may load until he or she has taken up his or her position at the firing point.

(3)

Except where expressly provided, no competitor shall load on the command of the Range Officer.

(4)

While adjusting sights, and while charging and uncharging magazines and while loading and unloading, the muzzle of the firearm must be towards the target.

(5)

Aiming or snapping an unloaded firearm is not allowed except when in the firing position on the firing point, and then only if it would be in all respects safe actually to fire and provided it causes no delay.

(6)

A competitor who, while on the firing point, accidentally discharges his or her firearm shall not be allowed another cartridge and the shot will be recorded as a miss.

(7)

A competitor acting in a dangerous manner shall be forbidden to fire again until the circumstances have been investigated and decided on by the Range Committee.

21. Inspections of Firearms and Magazines

(1)

The firearm magazine of every competitor shall be inspected by or on behalf of the Range Officer immediately after firing at every distance in every competition.

(2)

A competitor who fails to present his or her firearm for inspection whether called on to do so or not, may be considered as acting in a way that might prove dangerous and shall be dealt with accordingly.

(3)

Unless on the firing point, all magazines shall be removed from the rifles and all working parts shall be locked at the rear leaving the breach open.

(4)

No competitor may change his or her firearm during his or her firing at any single distance or practice when shooting as an individual, unless his or her first firearm becomes unserviceable through an accident, which shall be verified by the Range Officer.

(5)

A member of a team may change his or her rifle at any time.

(6)

No allowance shall be made for a defective firearm or cartridge but if a misfire occurs at any shot to be separately signalled, the competitor shall be given another cartridge and this shall only be allowed if the striker has functioned but the bullet has not left the barrel.

(7)

The Range Officer may, if satisfied that it can be done safely, permit a competitor to quit the firing point to rectify a mishap to his or her firearm or ammunition.

22. Testing the Trigger

(1)

A competitor shall submit his or her firearm and ammunition for inspection and testing whenever required.

(2)

Triggers shall be tested at the discretion of the Range Officer and in particular when a score likely to be in the prize list has been made or when a competitor has shot a possible score.

(3)

Triggers shall be tested, using the appropriate deadweight, as follows—

(a)

for a self-loading rifle or a pistol, the barrel must be vertical;

(b)

the angle must be maintained during the whole operation of testing;

(c)

the grooved part of the roller must rest on the trigger; and

(d)

spring balances shall not be used.

(4)

If a firearm fails to pass the test, the person conducting the test shall, if the competitor so desires, retain the firearm in his or her possession and re-test it after not less than five or more than ten minutes, and, if it then passes the test, the score shall be allowed.

(5)

Where a trigger fail to pass the test, the score made at the distance or practice at which the failure was discovered shall be disallowed.

(6)

In the event of an appeal from a decision under paragraph (5), the firearm shall remain in the custody of the Range Committee until the appeal has been considered.

(7)

Government ammunition issued at the meeting is strictly for use on the firing point and in the competition for which it is used and competitors may not, under any circumstances, take away any unexpended rounds or empty cases.

23. Sighting Shot

(1)

Sighting shots may be fired when expressly provided in the rules of the competition.

(2)

Sighters shall not be convertible.

(3)

A competitor who cannot tell the position of his or her sighting shots owing to another shot also hitting his or her target shall, if he or she so requests, be permitted by the Range Officer to repeat the sighting shot.

(4)

Sighting shots may be fired in any authorized position even when the counting shots have to be fired in some particular position.

(5)

If a competitor firing, through no fault of his or her own, has been interrupted, in the opinion of the Range Officer, for more than ten minutes, the competitor may, after permission has been granted by the Range Officer, fire one more sighting shot before resuming.

(6)

Practice shots or blow-off shots warmers shall not be allowed unless the contrary is stated in the conditions.

(7)

No competitor may fire practice or pool shots until he or she has purchased the appropriate ticket or rounds.

(8)

A competitor may only purchase, at one time, enough tickets or rounds to permit the firing of three shots.

24. Timing allowance

(1)

In all deliberate rifle competitions, the time allowed to a competitor within which to fire a shot is forty five seconds.

(2)

The time allowed shall count from the order to commence, in the case of the first shot, and from the time the target is clear in the case of all subsequent shots.

(3)

Adjustment blackening of sights or faulty loading shall not be allowed as a cause of delay.

(4)

A competitor timed by a Range Officer and found to have taken too long shall be given one warning and shall forfeit the value of any shots which a Range Officer in person has timed and found to have exceeded the time allowed.

25. Target Mishap

If at the moment at which a competitor fires his or her target is moved in such a manner as to falsify the result of his or her shot, the Range Officer shall cancel the shot and order the competitor to fire another shot in place of it.

26. Team Competition

(1)

In all competitions, a competitor who fires at the wrong target or fires out of his or her proper turn at his or her own target shall be credited with a miss for each shot so fired.

(2)

A competitor who intentionally fires at a wrong target shall be disqualified.

(3)

Any competitor who accidentally hits a wrong target shall pay a fine of Kshs. 200.

27. Protests

(1)

Any claim or complaint arising at a firing point shall be made at once by way of protest to the Range Officer.

(2)

If the decision of the Range Officer is disputed, or if the protest is not disposed of on the spot, it shall be transmitted to the Range Council, immediately and in writing.

(3)

In team matches, no protest shall be accepted unless made by the team manager or captain, in writing.

(4)

Each team must be commanded by a manager or captain who may either shoot in the team or not and who shall be responsible for ensuring that members of the team are familiar with the conditions of the competition and the rules of the meeting in so far as members of the team are concerned.

(5)

All members of a team shall use rifles of the same calibre throughout a competition.

(6)

Each competitor shall complete the competition in possession of all articles of dress and equipment with which he or she started and he or she shall only receive assistance in recovering such articles of dress or equipment from a member of his or her team.

28. Snap Shooting Competition

(1)

When the conditions state that rifles shall be "loaded with rounds", the sights may be adjusted and the safety catch be fully applied.

(2)

The actual position shall be determined by the condition in the "aim" or "stand at ease position".

(3)

The order to "load" shall be followed by the order "ready" to get rifles into the state of firing.

(4)

On completion of sighting shots, the Range Officer shall give the necessary orders for getting the competitors and their firearms into the state required by the conditions.

(5)

When ready, the Range Officer shall give the warning "face your front" or "angalia mbele" and shall signal the butts to start the run.

(6)

The targets shall be raised for the required time, or will make the required appearances, during which the shots allowed shall be fired.

(7)

The raising and lowering of the targets shall be carried out as quickly as possible, but shall not be included in the time laid down.

(8)

The scores shall be communicated to the Range Officer.

(9)

Challenges shall be allowed in the manner set out in paragraph 18.

29. Defective ammunition and firearm

(1)

No allowance shall be made for a misfire or any shots not fired owing to any defect in or failure of a competitor’s firearm or ammunition and this shall apply to all firearms.

(2)

A competitor who fires more shots than the shots allowed during the single appearance of the target or at a single distance during the whole of the competition, shall have his or her score disallowed and may be disqualified.

30. Target mishap

(1)

If in the opinion of the Range Officer any individual or a team shall be placed at an undue advantage or undue disadvantage owing to any target failing to act properly during a competition, the score of the individual or the team shall be cancelled, and the individual or team shall fire afresh with as little delay as possible through the practice concerned.

(2)

Any claim for a re-shoot shall be made immediately and before the score is received.

(3)

Sighting shots shall not be allowed before a re-shoot, unless they are included in the rules for the practice that is being re-shot.

31. Excess hits

(1)

When, in any practice or series, the total number of hits on a competitor’s target exceeds the number of shots he or she fired, and when there are no means of identifying these shots, the procedure to be followed shall be—

(a)

if it is proved that the excess hits were made by the competitor or team firing more than the number of shots allowed, the score shall be disallowed and the penalty may be disqualification;

(b)

when the number of excess hits do not exceed one half of the shots allowed in a target in a practice, and in any case, if the error is not discovered immediately, the score will be adjusted by cancelling first a hit of the lowest value, and then a hit of the highest value, and so on alternately, until the hits left are equal to the shots actually fired; or

(c)

when the number of excess hits exceeds one half of the number of shots allowed in a target in a practice, the score shall be cancelled and the competitor shall be allowed to re-shoot.

(2)

A re-shoot shall be similar as the original shoot including—

(a)

sighting shots, if any;

(b)

previous movement, if any; and

(c)

the number of counting shots actually fired.

(3)

When different targets are used at different times during practice, the score made on a target without excess hits shall stand and the rules set out in paragraph (1) shall be applied only to a target with excess hits.

(4)

When a competitor has more than one target at the same time and there is no excess in the total number of hits as in paragraph (3), but there are more hits on particular target than are allowed by the condition, the extra hits on the target shall be cancelled in the order given in paragraph (1).

32. Pistol competition

(1)

All firing shall be in the standing position and no artificial support of any kind is allowed.

(2)

A competitor shall not, while firing, touch any other object or use more than one hand to steady his or her pistol.

(3)

Competitors shall, if required, submit to inspection by taking off their coats and rolling up their sleeves to show that they have no artificial support attached to their arms or clothing or worn under their clothing.

(4)

The use of both hands is optional in all hand gun competitions.

(5)

Orthoptics shall not be allowed.

(6)

Loading shall not be allowed until the competitor is in the firing position and the Range Officer has given the command "load".

(7)

While loading, the pistol shall be held pointing towards the ground in the direction of the target.

(8)

A pistol shall not be loaded with more rounds than are allowed to be fired in the stage concerned.

(9)

In all competitions, the pistol may be cocked, or the slide of a semiautomatic operated.

(10)

The competitor shall, when ready and until the order "fire" or the target appears, hold the pistol with the arm at an angle of forty five degrees to the ground.

(11)

A competitor who, at any time between receiving the order to load and the order to commence firing, discharges his or her pistol shall not be allowed another cartridge; and any hit that may be made on the target shall not count and the competitor may be excluded from further competition during the meeting.

(12)

The accidental discharge of a pistol at any time other than as provided under paragraph 11 shall be the subject of disciplinary proceedings.

(13)

When fixed targets are used, the order to commence fire shall be the word "fire" or a short blast of a whistle.

(14)

The order to cease fire shall be the words "stand by" "stop" or two seconds on whistle.

(15)

"Stand by" shall be given or the whistle blast started two seconds before the end of the time limit.

(16)

"Stop" shall be ordered or the whistle blast ended at the end of the time limit.

(17)

A competitor who continues to fire after the order to cease fire has been made shall have one of his or her hits of the highest value cancelled for each shot so fired.

(18)

When snap targets are used, the targets shall appear for the prescribed time during which time the shots allowed may be fired.

(19)

A hit shall not count if the length of the short-hole exceeds twice the diameter of the bullet.

(20)

Immediately after firing and before leaving the firing point, a competitor shall extract all cartridges and hold up his or her pistol for inspection as follows—

(a)

single loading, with breach open;

(b)

semiautomatic, with magazine removed and slide back;

(c)

revolver, "broken" or cylinder swung out.

(21)

A pistol must remain in the state laid out under paragraph (20) until returned to holster or case.

(22)

While unloading, the pistol shall be held with the muzzle pointing to the ground towards the target.

(23)

A competitor acting in any way that might prove dangerous shall be reported at once by the Range Officer to the Council and shall be warned by the Range Officer of his or her transgression.

(24)

Scores shall be assessed by the Range Officer.

(25)

Any objection to the scores under paragraph (24) shall be referred to the Range Committee and a shot-hole gauge of suitable calibre shall be used, if necessary.

(26)

A competitor shall not touch his or her target.

(27)

No allowance shall be made for a misfire or for any shot not fired owing to any defect in or failure of a competitor’s pistol or ammunition.

(28)

In slow fire (two minutes or more per stage) another round may be loaded and fired, if time permits.

(29)

The trigger of a pistol may be tested irrespective of the score and shall be tested whenever a score likely to be in the prize list has been made.

(30)

In team competitions, the following shall also apply—

(a)

team managers or captains shall draw for targets and shall settle the order in which the members of their teams shall stand in the firing line; and

(b)

coaching shall not allowed.

(31)

After the targets have been scored by the Range Officer, the competitor shall be given the opportunity to examine his or her targets.

(32)

If the competitor is not satisfied with the score awarded he or she shall protest against it and the procedure laid down in rule 23 shall be followed.

(33)

A tie occurs when two or more competitors make the same total score in a competition.

(34)

Ties for the following shall be decided by a shoot off—

(a)

the first prize in an individual competition or the first prize in a team competition;

(b)

for the last place or places in any stage which shall entitle the competitor to shoot in a later stage.

(35)

All other ties shall be decided by counting out as follows—

(a)

for individual rifle competitions—

(i) by the aggregate of each stage commencing with the longest;
(ii) if still a tie, by the practice consisting of a rapid;
(iii) if still a tie, by the fewest misses commencing with the longest distance;
(iv) if still a tie, fewest inners in all stages;
(v) if still a tie, a re-shoot; and
(vi) this procedure shall be repeated until the tie is broken.
(b)

for team rifle competitions—

(i) by the practice totals in order of distance commencing with the longest;
(ii) if still a tie, by the fewest misses;
(iii) if still a tie, by the fewest misses commencing with the longest distance; and
(iv) if still a tie, a re-shoot repeated until the tie is broken.
(c)

for team rifle competitions with fire and movement as for (a) and (b)—

(i) by the range totals commencing with the longest;
(ii) if still a tie, by the greatest number of hits;
(iii) if still a tie, by the fewest inners; and
(iv) if still a tie, a re-shoot.
(d)

for pistol and submachine guns team competition as for (a) and (b)—

(i) by the range totals in order of distance commencing with the longest;
(ii) if still a tie, by the greatest number of hit;
(iii) if still a tie, by the fewest number of hits which score the lowest value in ascending order; and
(iv) if still a tie, a re-shoot.

33. Shooting Off

(1)

A shooting-off a tie shall be conducted as follows—

(a)

for individual rifle competitions—

(i) when the number of competitors in the tie exceeds ten, by firing one sighting shot and five counting shots at the longest distance of the competition;
(ii) by repeating as may be necessary the procedure in h (i), above until the number of competitors who are still in the tie does not exceed five;
(iii) when the number of competitors in the tie has been reduced to five or less, by firing one sighting shot and three counting shots at the longest distance of the competition; and
(iv) such competitors who still tie will then fire single shots until the tie is decided.
(b)

in all rifle team competitions—

(i) by firing again through the longest distance;
(ii) rapid practice (or if none, snap-shooting practice) of the competition, including sighting shots (if any); and
(iii) by repeating this as may be necessary until the tie is decided.
(2)

The procedure outlined under paragraph (1) shall be carried out as far only as is necessary to determine the winner of the particular prize or place that is being shot for, should any further shots be fired, they shall not count for any purpose.

(3)

The order of merit of all other competitors shooting-off the tie shall be decided as follows—

(a)

on the total value of tie shots necessarily fired;

(b)

if still a tie by counting out on the original score;

(c)

if still a tie by counting out on the tie shots necessarily fired; or

(d)

If still a tie, paragraph 34 shall apply.

(4)

Where a competitor fails to shoot-off a tie or fails to fire any required tie shots, his or her name shall be placed in the prize list next in order of merit after the lowest scorer in the tie shooting, or in such higher place as any tie shots actually fired, shall entitle him or her or the team.

34. Penalties

A competitor who—

(a)

uses any firearm or ammunition other than as prescribed in the rules;

(b)

knowingly claims or accepts points which he or she has not made;

(c)

connives with another competitor;

(d)

intentionally fires at the wrong target;

(e)

fires or attempts to fire more than the number of shots allowed under h (d); or

(f)

is guilty of any conduct which the Range Committee may consider to be discreditable,

shall, on the occurrence being proved to the satisfaction of the Committee, forfeit all his or her entrance fees, every prize won since the occurrence; be barred from receiving a prize at the presentation of prizes and be forever disqualified from competing in any National Police Service Rifle competition.

35. Exclusion from further competition during the meeting

(1)

A competitor who—

(a)

discharges a firearm, or is found with a loaded fire arm, except on the firing point within the hours of shooting;

(b)

discharges a firearm accidentally, either by carelessness or owing to some defects in the firearms;

(c)

acts in a way that might prove dangerous;

(d)

refuses to comply with any order for the due carrying out of the rules of the meeting given by a Range Officer; or

(e)

uses any artificial support to facilitate shooting contrary to the spirit of the rifle meeting,

is guilty of a breach of discipline and shall, on the occurrence being proved to the satisfaction of the Committee, forfeit all his or her entrance fees, forfeit every prize won since the occurrence and excluded from further competition during the meeting.

(2)

A competitor who—

(a)

infringes or fails to comply with any of the rules applicable to a competition;

(b)

screens himself or herself or his or her firearm or allows anyone else to do so; or

(c)

when coaching is not allowed, gives, or willingly receives any advice in the nature of coaching, shall, on the occurrence being proved to the satisfaction of the Committee, have his or her total score in that competition disallowed.

(3)

A competitor—

(a)

whose trigger fails to pass the test;

(b)

who infringes certain specified regulations mentioned in the text of these rules, shall have his or her score concerned disallowed.

(4)

A competitor shall be fined Kshs. 200 if he or she accidentally hits the wrong target.

(5)

A competitor shall pay a deposit of Kshs. 200 if he or she challenges the marking.

(6)

All teams participating in the rifle meeting shall be required to have team flags and identification boards.

(7)

All teams shall march to and from the range and observe high standard of discipline throughout the meeting.

(8)

Funding of the rifle meeting shall be met by the Inspector General supported by the two Deputy Inspector Generals’ and the Directorate of Criminal Investigation.

(9)

Rifle rules may be reviewed after three consecutive shooting competitions or as the case may be.

36. Prequalification

(1)

A prequalification shoot shall be conducted one day prior to the championship.

(2)

Competitors who do not qualify shall not be allowed to take part in the rifle competitions.

(3)

The procedure set out at Appendix 63(b) shall be followed by all competitors who are required to fire at the rifle competitions.

1.

Sand coloured background with a figure 12 /59 in the centre as an aiming mark. Circles, 203.2 mm, (8) 457.2 mm, (18) 762 mm (30) and 1219.2 mm (48) and diametres scoring 4, 3, 2 and 1 respectively.

2.

The figure 12 /59 with an 8" circle inscribed as a bull, with centre 304.8 mm 12" from the top scoring 4, Inner-rest of the target, scoring 3.

NB. Hits clear outside of lines DRAW 12.7mm inside edges of target do not count

3.

The figure 11/59 with rectangles inscribed large snap-shooting as follows:-

(a)

Rifle

Bull-406.4mm x 203.2mm scoring 4 Inner-Rest of target, scoring 3.

(b)

Pistol and Sub-Machine gun

Bull-101.6mm x 50.4mm scoring 4 Inner-203.2mm x 101.6mm" scoring 2 Magpie-406.4mm x 203.2mm scoring 2. Outer-Rest of the target, scoring 1.

NB-Hits clear outside of lines drawn 12.7mm inside the edges of the target not to count.

Falling Plates

Rifle -

12” x 12”

Pistol/Revolver -

4” x 3.75”

4.

NRA/NSRA (20 Yards)

1.

SEEDING

The best four teams in the previous meeting will be given a bye, the remainder of the teams will draw for the competitions on knock out basis.

The seeded teams are arranged as follows:-

Numbers 1 and 3 are placed at the tops of the 1st and 2nd quarters of the draw respectively; numbers 4 and 2 at the bottom of the 3rd and 4th quarters.

i.e. with 12 teams;

No. 1 seed x x

No 3 seed

x x x x

No. 4 seed

x x

No. 2 seed

2.

BYES

Byes are required if the number of entries is not a power of two.

Byes are concentrated at the top and bottom of a draw and not distributed throughout it.

If the number of entries is not a power of two, the number of byes required is obtained by subtracting the number of entries from the next highest power of two.

E.g. If there are 12 entries, the next higher power of two is 16. The difference between 16 and 12 is four. There will, therefore, be four byes.

If the number is even, half are placed at the top of the draw and half at the bottom.

If the number of byes is odd, one more is placed at the top of the draw than at the bottom.

E.G. The draw with 17 teams (15 byes-eight at the top and seven at the bottom) will be:-

COMPETITION 1 MEN – UTUMISHI CUP.

Entries -

One team of Ten officer

Composition -

Two members of Inspectorate or above, Three NCO’s, Five Constables

PRACTICE 1 (RAPID)

Distance -

300m

Target -

1fig. 11/59 and 1 fig. 12/59 4 ft apart

No. of shots -

2 sighters : - one at fig. 11/59, one at fig. 12/59 and 10 rounds to count

Time Limit -

25 seconds

Position -

Prone

Procedure -

Loaded and ready at stand at ease with safety catches applied. As soon as the target appears, competitor will adopt prone position and fire 5 rounds at each target for appropriate time.

Scoring -

Bull – 5 and Inner – 4 marks

HPS PRACTICE 2 (SNAP) -

50 marks per firer.

Distance -

300m

Target -

1 fig. 12/59

No. of shots -

No sighters and 10 rounds to count

Time Limit -

4 seconds

Position -

Prone

Procedure -

On the command, ON THE AIM’, the competitors will come to aim and await for the exposure of the target which will be the signal to commence firing. Five (5) exposures of 4 seconds with intervals of 4 seconds will be given (2 shots per exposure

Scoring -

Bull – 5 and Inner – 4 marks

HPS PRACTICE 3 (RAPID) -

50 marks per firer.

Distance -

300m

Target -

1 fig. 11/59 and 1 fig. 12/59 4 ft apart

No. of shots -

No sighters and 10 rounds to count

Time Limit -

20 seconds

Position -

Prone

Procedure -

On the aim position. On the appearance of the targets for the appropriate time the firers will fire 10 rounds, 5 rounds at each target.

Scoring

-

Bull – 5 and Inner – 4 marks

HPS - 50 marks per firer

PRACTICE 4 (FIRE AND MOVEMENT)

Distance

-

300m

Target

-

2 fig. 12/59 at 300m, 2 fig. 11/59 at 200m and 2 fig.11/59 at 100m

No. of shots

-

12 rounds no sighting shots

Time Limit

-

15 seconds

Position

-

Prone

Procedure

-

One – Competitor starts loaded with 12 rounds in prone position at 300m and comes to the aim on the command "ON THE AIM". On the appearanceof the target for an exposure of 15 seconds, 4 rounds will be fired;two (2) at each target.Competitors will adopt ready to move position (stomach and rifle on the ground, the rifle held in either hand and pointing down the range)Two - 10 seconds after the target have disappeared; two freshFig.11/59 will be exposed for 35 seconds.The target appearance is the signal to advanceto 200m and fire 4(four) rounds; two rounds at each target in either kneeling or sitting positions. Firers will remain in the position from which they fireduntil the signal to advance to 100m (Appearance of the target).Three – 10 seconds after the completion of the second stage, a pair of Fig.11/59 target will be exposed for 45 seconds. Firers will advance to 100m and fire4(four) rounds; two (2) at eachtarget in the Standing Position.Separate pairs of Fig. 11/59 target will be exposed for each range and only two (2) hits oneach target of each pair will count.Safety catches must be applied all the time before firer runs to the next firing point.

-

Scoring

-

Bull – 5 and Inner 4 marks.

HPS

-

60 marks per firer.

Total possible score for competition, 1(per team) – 2100 Marks.

COMPETITION 2 MEN/WOMEN – RIFT VALLEY CHALLENGE CUP

Entries

-

One team of 8(eight) officers

Composition

-

One Gazetted Officer

-

One member of Inspectorate,

-

Two NCO’s,

-

Four Constables.

N/B: The team must be comprised of 4 men and 4 women.

PRACTICE 1

Distance

-

200m

Target

-

1 fig. 11/59

No. of shots

-

1 sighters, 5 to count

Time Limit

-

5 seconds per exposure

Position

-

Standing

Procedure

-

After the sighter, on the aim, the target will make 5 appearances of 5 seconds with an interval of 5 seconds. One round to be fired at every exposure

Scoring

-

Bull – 5 and Inner – 4 marks

HPS

-

25 marks per firer

PRACTICE 2

Distance

-

200m

Target

-

2 fig. 11/59

No. of shots

-

10 rounds (2 magazines, 5 rounds each)

Time Limit

-

40 seconds

Position

-

Kneeling/Sitting

Procedure

-

No trial exposure. The competitor will stand-atease. On the appearance of the target, the competitor will adopt either kneeling/sitting. He’ll then load a magazine with 5 rounds and fire at one target and on completion load the other charged magazine and fire at the second target. Magazine will NOT be tapped.

Scoring

-

Bull – 5 and Inner – 4 marks

HPS

-

50 marks per firer

PRACTICE 3

Distance

-

100m

Target

-

Fig. 12/59

No. of shots

-

10 rounds per firer

Time Limit

-

4 seconds per exposure

Position

-

Standing

Procedure

-

On the aim, no sighting shots. The target will make

5 appearances of 4 seconds with an interval of 10 seconds.Competitor will fire 2 shots per exposureCompetitors will fire 2 shots per exposure.

Scoring

-

Bull – 5 and Inner – 4 marks

HPS

-

50 marks per firer.

Total possible score for Competition 2 (Per Team) 1000 Marks

COMPETITION 3 – CHIPUKIZI CUP.

Entries

-

One team of six officers

Composition

-

One Inspector with not more than 5 years in the rank

-

5 Constables with a service of NOT MORE THAN 4 years

PRACTICE 1

Distance

-

300m

Target

-

Fig. 12/59

No. of shots

-

5 rounds per firer

Time Limit

-

15 seconds

Position

-

Prone

Procedureseconds.

-

In the aim, no trial exposure. One exposure of 15

Scoring

-

Bull – 5 and Inner – 4 marks

HPSPRACTICE 2

-

25 marks per firer.

Distance

-

200m

Target

-

2 fig. 11/59

No. of shots

-

10 rounds per firer in two magazines.

Time Limit

-

35 seconds

Position

-

Kneeling and Sitting

Procedure

-

On disappearance of the target for 25 seconds at

300m, the firer will run to the 200m firing point, adopt

kneeling position and fire 5 (five) rounds, then adopt

sitting position and fire another 5 rounds in 35

seconds.

Scoring

-

Bull – 5 and Inner – 4 marks

HPS

-

50 marks per firer.

PRACTICE 3

Distance

-

100m

Target

-

Fig. 12/59

No. of shots

-

5 rounds per firer

Time Limit

-

15 seconds

Position

-

Standing

Procedure

-

On disappearance of the target for 25 seconds at 200m, thefirer will run to 100m firing point, adopt standingposition and

fire 5rounds in 15 seconds.

Scoring

-

Bull – 5 and Inner – 4 marks

HPS

-

25 marks per firer.

Total possible score for Competition 3 (Per Team) 600 Marks

COMPETITION 4 – EASTERN REGION CHALLENGE CUP

Entries

-

One team of six officers

CompositionPRACTICE 1

-

Open to all ranks

Distance

-

300m

Target

-

6 steel plates, 1 Fig. 11/59 and 1 fig. 12/59

No. of shots

-

2 sighters, 10 to count per firer

Time Limit

-

30 seconds

Position

-

prone

Procedure

-

Competitors will first fire their sighters on Fig. 12/59which will be signaled. After the sighter, the competitors will remainin the AIMPOSITION. After thecommand "WATCH YOURFRONT/WATCH AND SHOOT", A whistlewill be blown as a signal to engage the plates which will be exposed for 10seconds. Any team which will not have cleared its plates within that timewill not shoot at the Fig. 12/59 which will beexposed for 15 seconds followed by Fig. 11/59 which willalsobe exposed for another 15seconds.

Scoring

-

Fig 12/59, 5 points per hit anywhere on the target

-

Fig 11/59, Bull – 5 and Inner 4 points

HPS

-

270 marks per team.

COMPETITION 5 (AK-47) MEN & WOMEN – GSU CHALLENGE CUP

Entries

-

One team of eight officers

Composition

-

One member of Inspectorate and/or above

-

2 NCO’s

-

5 Constables

NB: - The team must comprise of 4 men and 4 women

PRACTICE 1

Distance

-

200m

Target

-

2 Fig. 11/59

No. of shots

-

2 sighters and 10 to count per firer

Time Limit

-

30 seconds

Position

-

Standing

Procedure

-

At aim, after the sighting shot, the target will appear

for appropriate time, the competitor to fire 5 rounds at

each target

Scoring

-

Bull – 5 and Inner – 4 marks

HPS PRACTICE 2

-

50 marks per firer.

Distance

-

100m

Target

-

Fig. 12/59

No. of shots

-

10 rounds

Time Limit

-

4 seconds

Position

-

Standing

Procedure

-

At the aim, no trial exposure followed by 5 exposures

of 4 seconds each spread over 1 minute. Two rounds

to be fired per exposure.

Scoring

-

Bull – 5 and Inner – 4 marks

HPS

-

50 marks per firer.

Total possible score for Competition 5 (Per Team) 800 marks

COMPETITION 6 (LADIES-RAPID) – KENYA POLICE COLLEGE CHALLENGE CUP

Entries

-

One team of six officers

Composition

-

One member of Inspectorate and/or above

-

1 NCO

PRACTICE 1

-

4 Constables

Distance

-

200m

Target

-

One Fig. 11/59 and one fig. 12/59

No. of shots

-

2 sighters, 10 to count. Sighters to be fired at

fig 12/59

Time Limit

-

30 seconds

Position

-

Prone

Procedure

-

After the two sighters,competitors will adopt stand-at-easeposition. On theappearance of the target, they will adopt prone position and fire 5rounds on fig 11/59 and thenreload with a magazine of 5 rounds and fire at fig.12/59.Each target to be exposed for 15 seconds.No more than 5 roundsper target. Magazine must not be taped.

Scoring

-

Bull – 5 and Inner – 4 marks

HPS

-

50 marks per firer.

PRACTICE 2

Distance

-

100m

Target

-

Fig. 12/59

No. of shots

-

10 rounds

Time Limit

-

4 seconds

Position

-

Standing

Procedure

-

On the aim, no trial exposure. Five exposures of fourseconds each at regular interval of 5seconds. Two shots to be fired at everyexposure.

Scoring

-

Bull – 5 and Inner – 4 marks

HPS

-

50 marks per firer.

Total possible score for Competition 6 (Per Team) 600 marks

COMPETITION 7 (FALLING PLATES) – MEN – A.S.T.U. CHALLENGE CUP

Entries

-

One team of four officers

Composition

-

Other ranks

PRACTICE 1 (FIRE AND MOVEMENT)

Distance

-

200m

Target

-

10 steel plates per team

No. of shots

-

10 rounds per firer

Position

-

Prone

Procedure

-

Teams will be formed up at 300m at stand-at-ease position, rifles with working parts forwards, sights adjusted safety catch applied and magazine filled.

At the blow of the whistle, teams will run to 200m firing point, get into prone position, get ready, aim and fire at the plates. Rifles MUST NOT be cocked until at PRONE position at 200m firing point.

Scoring

-

A team wins its hit; if it knocks down all its plate in the shortest time, or; If it knocks down the greater number of plates, or;

-

In case each team knocks down the same number of plates at the same time, if it expends less munition. In case of a tie, e re-shoot will determine the winner

-

The loosing team of a pair if applicable will cease firing as soon as a command to stop firing is given/ sounded after the winning team has knocked down its plates

-

Unused ammunition(s) will be collected and counted by the Range Officer for record purposes.

N/B: - This competition will be run on knock-out basis. No points/marks awarded to the winning team

Entries

-

One team of 4 per officers

Composition

-

1 Gazetted Officer, 1 Chief Inspector, 2 Inspectors

PRACTICE

Procedure and scoring as per competition 7

COMPETITION 10 (PISTOLS) – MEN – NYANZA REGION CHALLENGE CUP

Entries

-

One team of 6 officers

Composition

-

Two members of Inspectorate or above, four other

PRACTICE 1

ranks

Distance

-

18M

Target

-

Fig. 11/59

No. of shots

-

10 rounds

Position

-

Standing

Time limit

-

15 seconds

Procedure

-

On the aim, no trial exposure. The target will appear

for appropriate time.

Scoring

-

Bull- 5, Inner 4, Magpie-3, Outer- 2 Marks

HPSPRACTICE 2

-

50 marks per firer

Distance

-

15M

Target

-

NRA/NSRA 20 Yards

No. of shots

-

10 rounds

Position

-

Standing

Time limit

-

30 seconds

Procedure

-

As per practice 1 above

Scoring

-

10, 9, 8, 7, 6, 5, 4, Marks

HPSPRACTICE 3

-

100 marks per firer

Distance

-

15M

Target

-

1 Fig. 11/59 and 1 NRA/NSRA 20 yards

No. of shots

-

10 rounds

Position

-

Standing

Time limit

-

30 seconds

Procedure

-

The target will appear for appropriate time. Firer issupposed to fire 5 (five) rounds at each target.

Scoring

-

Bull- 5, Inner 4, Magpie-3, Outer- 2 & 10, 9, 8, 7, 6,5,

4 Marks

HPSPRACTICE 4

-

75 marks per firer

Distance

-

15M

Target

-

Fig. 11/59

No. of shots

-

10 rounds

Position

-

Standing

Time limit

-

3 seconds

Procedure

-

Target will make 5 exposures of 3 seconds with irregularinterval varying between 5 and 15 seconds. Two shots to befired at each appearance and pistols to be returned to LOWREADY POSITION (45 degrees) after each appearance.

Scoring

-

Bull- 5, Inner 4, Magpie-3, Outer- 2 Marks

HPS

-

50 marks per firer

Possible score for Competition 10 (Per Team) = 1650

COMPETITION 11 (PISTOLS) – WOMEN- WESTERN REGION CHALLENGE CUP

Entries

-

One team of 6 officers

Composition

-

One member of Inspectorate or above, five other ranks

PRACTICE 1

Distance

-

18M

Target

-

Fig. 11/59

No. of shots

-

10 rounds

Position

-

Standing

Time limit

-

15 seconds

Procedure

-

On the aim, no trial exposure. The target will appear for appropriate time.

Scoring

-

Bull- 5, Inner 4, Magpie-3, Outer- 2 Marks

HPS

-

50 marks per firer

PRACTICE 2

Distance

-

15M

Target

-

NRA/NSRA 20 Yards

No. of shot

-

10 rounds

Position

-

Standing

Time limit

-

30 seconds

Procedure

-

As per practice 1 above

Scoring

-

10, 9, 8, 7, 6, 5, 4, Marks

HPS

-

100 marks per firer

PRACTICE 3

Distance

-

15M

Target

-

1 Fig. 11/59 and 1 NRA/NSRA 20 yards

No. of shots

-

10 rounds

Position

-

Standing

Time limit

-

30 seconds

Procedure

-

The target will appear for appropriate time. Firer is supposed to fire 5 (five) rounds at each target.

Scoring

-

Bull- 5, Inner 4, Magpie-3, Outer- 2 & 10, 9 8, 7, 6, 5, 4 Marks

HPS

-

75 marks per firer

PRACTICE 4

Distance

-

15M

Target

-

Fig. 11/59

No. of shots

-

10 rounds

Position

-

Standing

Time limit

-

3 seconds

Procedure

-

Target will make 5 exposures of 3 seconds with irregular interval varying between 5 and 15 seconds.Two shots to be fired at each appearance and pistols to be returned LOW READY POSITION (45 degrees) after each appearance.

Scoring

-

Bull- 5, Inner 4, Magpie-3, Outer- 2 Marks

HPS

-

50 marks per firer

Possible score for Competition 11 (Per Team)

-

1650Marks

COMPETITION 12 (SMGS) MEN – CID CHALLENGE CUP

Entries

-

One team of 6 officers

Composition

-

Two members of Inspectorate or above, four other rank

PRACTICE 1

Distance

-

45M

Target

-

Fig. 11/59

No. of shots

-

10 rounds

Position

-

Standing

Time limit

-

25 seconds

Procedure

-

On the aim, no trial exposure. The target will appear for appropriate time.

Scoring

-

Bull- 5, Inner 4, Magpie-3, Outer- 2 Marks

HPS

-

50 marks per firer

PRACTICE 2

Distance

-

30M

Target

-

Fig 11/59

No. of shots

-

10 rounds

Position

-

Standing

Time limit

-

10 seconds

Procedure

-

As per practice 1 above

Scoring

-

Bull -5, Inner 4, Magpie -3, Outer-2 Marks

HPS

-

50 marks per firer

PRACTICE 3

Distance

-

30M

Target

-

2 Fig. 11/59

No. of shots

-

10 rounds

Position

-

Kneeling

Time limit

-

15 seconds

Procedure

-

No trial exposure. Standing then adopts neeling position on the appearance of the target. Ten shots in 15 seconds at two targets will be fired. No more than five shots at each target.

Scoring

-

Bull- 5, Inner 4, Magpie-3, Outer- 2 Marks

HPS

-

50 marks per fire

PRACTICE 4

Distance

-

30M

Target

-

Fig. 11/59

No. of shots

-

10 rounds

Position

-

Standing

Time limit

-

3 seconds

Procedure

-

Target will make three appearance of 3(three) seconds with irregular interval varying between three and ten seconds. Any ‘number of shots may be fired at each appearance. The gun loaded and cocked with safety catch on, MUST BE held at Hip level until the targets appear and MUST BE returned to that position before each appearance in practice 4. The gun may be set to fire single or automatic shots.

Scoring

-

Bull- 5, Inner 4, Magpie-3, Outer- 2 Marks

HPS

-

50 marks per firer

Total Possible Score Per Team = 1200

COMPETTION 13 (SMGS) WOMEN – PEU CHALLENGE CUP

Entries

-

One team of 6 officers

Composition

-

One member of Inspectorate or above, five other ranks

PRACTICE 1

Distance

-

45M

Target

-

Fig. 11/59

No. of shots

-

10 rounds

Position

-

Standing

Time limit

-

25 seconds

Procedure

-

On the aim, no trial exposure. The target will appear for appropriate time.

Scoring

-

Bull- 5, Inner 4, Magpie-3, Outer- 2 Marks

HPS

-

50 marks per firer

PRACTICE 2

Distance

-

30M

Target

-

Fig. 11/59

No. of shots

-

10 rounds

Position

-

Standing

Time limit

-

10 seconds

Procedure

-

On the aim, no trial exposure. The target will appear for appropriate time.

Scoring

-

Bull- 5, Inner 4, Magpie-3, Outer- 2 Marks

HPS

-

50 marks per firer

PRACTICE 3

Distance

-

30M

Target

-

2 Fig. 11/59

No. of shots

-

10 rounds

Position

-

Kneeling

Time limit

-

15 seconds

Procedure

-

No trial exposure. Standing then adopts kneeling position on the appearance of the target. Ten shots in 15 seconds at two targets will be fired. No more than five shots at each target.

Scoring

-

Bull- 5, Inner 4, Magpie-3, Outer- 2 Marks

HPS

-

50 marks per firer

PRACTICE 4

Distance

-

30M

Target

-

Fig. 11/59

No. of shots

-

10 rounds

Position

-

Standing

Time limit

-

3 seconds

Procedure

-

Target will make three appearance of 3(three) seconds with irregular interval varying between three and ten seconds.

Any number of shots may be fired at each appearance. The gun loaded and cocked with safety catch on, MUST BE held at Hip level until the targets appear and MUST BE returned to that position before each appearance in practice 4. The gun may be set to re single or automatic shots.

Scoring

-

Bull- 5, Inner 4, Magpie-3, Outer- 2 Marks

HPS

-

50 marks per firer

Total Possible Score Per Team = 1200

COMPETITION 14 (PISTOL FALLING PLATES) – NAIROBI REGION

CHALLENGE CUP

Entries

-

One team of 4 officers one of whom MUST be a lady.

Composition

-

One Gazetted Officer

-

One Member of Inspectorate

-

One NCO

-

One Constable

PRACTICE

Distance

-

13M

Target

-

12 plates of 4 x 4" per team

No. of shots

-

6 rounds per firer

Position

-

Standing

Time limit

-

1 Minute

Procedure

-

After the order to load, pistol will be placed on table at 13m from the target

Team will retire 45m from the target

-

On the order "COMMENCE" teams will Advance 13m,pick up service pistol and engage plates

-

Each team member will fire 6 rounds from his/her pistol; any member who will exchange their pistol and/ or give any member of the team more ammunition will be disqualified.

Scoring

-

The first team to knock down all 12 target/plates will be the winner, or;

-

The team with most target knocked down at the end of one minute, or;

-

If both teams have knocked down the same number of targets at the end of one minute, the team which has used the least number of rounds will be the inner, or;

-

If still a tie, the match will be re-short

NB: No points or marks will be awarded to any team.

COMPETITION 15-NORTH EASTERN CHALLENGE CUP-WOMEN

Entries -

One team of 6 officers

Composition -

One member of Inspectorate

-

1 NCO

-

4 Police Constable women

PRACTICE 1

(Rapid)

Distance -

300 metres

No. of shots -

Loaded with 5 rounds

-

No sighting shots.

Time limit -

25 seconds.

Target -

Large snap shooting

Position -

Prone

Procedure -

In the aim. Target will appear for the appropriate time.On completion, the firers, with safety catches on, will move forward to the 200 metres firing point, where theywill reload. 30 seconds after the disappearance of the targets, the 2nd practicewill commence.Bull-5 and Inner-4 marks

Scoring -

HPS -

25 marks per firer

PRACTICE 2

(Rapid)

Distance -

200 metres

No. of shots -

Loaded with 5 rounds

-

No sighting shots.

Time limit -

25 seconds.

Target -

Large snap shooting

Position -

Sitting or kneeling

Procedure -

In the aim. Target will appear for the appropriate

time. On completion, the firers will apply safety

catches and move forwardto the 100 metre

firing point, where they will reload. 30 seconds after

the disappearance of the targets, the 3rd practice will

commence.

Scoring -

Bull-5 and Inner-4 marks

HPS -

25 marks per firer

PRACTICE 3

(Rapid)

Distance -

100 metres

No. of shots -

Loaded with 5 rounds

-

No sighting shots.

Time limit -

25 seconds.

Target -

Large snap shooting

Position -

Standing

Procedure -

In the aim. Target will appear for the appropriate

time.

Scoring -

Bull-5 and Inner-4 marks

HPS -

25 marks per firer

Total Possible Score Per Team = 450

COMPETITION 16-CENTRAL CHALLENGE CUP-MEN

Entries -

One team of 8 Officers

Composition -

One Gazetted Officer

One member of Inspector

2 NCOs

4 Police Constables

PRACTICE 1

(Rapid)

Distance -

300 metres

No. of shots -

2 sighters and 10 to count.

Target -

Small snap shooting

Position -

Prone

Procedure -

Load and ready. At ease with safety catches applied. As soon as the targets appear adopt the prone position and commence firing. Targets will be exposed for 30 seconds only

On completion, the firers, with safety catches on, will move forward to the 200 metres firing point, where they will reload. 30 seconds after the disappearance of the targets, the 2nd practice will commence.

Scoring

-

Bull-5 and Inner-4 marks

HPS

-

50 marks per firer

PRACTICE 2

(Rapid)

Distance

-

200 metres

No. of shots

-

5 rounds

Target

-

Large snap shooting

Position

-

Sitting

Procedure

-

In the aim. Target will be exposed for 15 seconds.

Scoring

-

Bull-5 and Inner-4 marks

HPS

-

25 marks per firer

COMPETITION 17 - COMMISSIONER’S CUP – WOMEN

Entries -

One team of 6 Officers

Composition -

Open to all Ranks

PRACTICE 1

(Rapid)

Distance -

200meters

No. of shots -

20 rounds no sighting shot

Time limit -

2min. 15sec.

Target -

Fig. 11/59

Position -

Prone

Procedure -

From prone position at 300m the competitors will run to200min 20 seconds after the blow of the whistle where thetargets will appear for 1minute 55 seconds. They will assemble theirfirearms, charge their magazines with 20 rounds, load, make ready and engagethe targets in appropriate time.

Scoring -

Bull-5 and Inner-4 marks

HPS -

100 marks per firer

Total Possible Score per team -600marks

COMPETITION 18 - APTC CHALLENGE CUP – MEN

Entries -

One team of 8 Officers

Composition -

Open to all Ranks

PRACTICE 1

(Rapid)

Distance -

200 m

No. of shots -

20 rounds no sighting shot

Time limit -

1min. 50 seconds.

Target -

Fig. 12/59

Position -

Prone

Procedure -

From prone position at 300m the competitors will run to200min 15 seconds after the blow of the whistle where thetargets will appear for 95 seconds. They will assemble their firearms, chargetheir magazines with 20 rounds, load, make ready and engage the targets inappropriate time.

Scoring -

Bull-5 and Inner-4 marks

HPS -

100 marks per firer

Total Possible Score per team - 800marks

COMPETITION 19- RBPU CHALLENGE CUP- WOMEN

Entries -

One team of 6 Officers

Composition -

Open to all Ranks

PRACTICE 1

(Rapid)

Distance -

300m

Target -

Fig. 11/59

No. of shots -

2 sighters and 10 to count.

Position -

Prone

Procedure -

Aftercompletion of thetwo sighters competitorswill apply safety catches andstand at ease. The range officer willthen give the command WATCH YOUR FRONT…..WATCH AND SHOOT and as soon as thetargets appear they will adopt proneposition and commence firing. Targets will be exposed for 30 secondsonly. On completion, the firers willunload, working parts are at the rear, run to the 200 metres firing point,reload. The 2nd practice will commence 30 seconds after the disappearance ofthe targets.

Scoring -

Bull-5 and Inner-4 marks

HPS -

50 marks per firer

PRACTICE 2(Rapid)

Distance -

200 m

No. of shots -

5 rounds

Target -

Fig. 12/59

Position -

Sitting

Procedure -

On the aim. Target will be exposed for 15 seconds

Scoring -

Bull-5 and Inner-4 marks

HPS -

25 marks per firer

Total Possible Score per team - 450marks

COMPETITION 20- RDU CHALLENGE CUP- MEN

Entries -

One team of 8 Officers.

Composition -

Open to all Ranks

PRACTICE 1

(Rapid)

Distance -

300 metres

Target -

Fig. 11/59

No. of shots -

2 sighters 10 to count.

Position -

Prone

Time Limit

30 seconds

Procedure -

After completion of the two sighters the competitors willunload, ensure working parts at the rear and stand atease. Two magazines chargedwith 5 roundseach will be placed on the ground. From stand at ease position the rangeofficer will give the command WATCH YOUR FRONT ….. WATCH AND SHOOT and on theappearance of the targets competitors will adopt prone position, load theirrifles with a magazine of 5 rounds make ready and engage the targets. After the completionof the first magazine, the competitor will reload with thesecond magazine of 5 rounds and engage the target for appropriate time,and after thedisappearance of the targetsrun to 200min 25 secondswith their working parts at the rear.

Scoring -

Bull-5 and Inner-4 marks

HPS -

50 marks per firer

PRACTICE 2 (Snap Shooting)

Distance -

200 metres

Target -

10 rounds

No. of shots -

Fig. 12/59

Position -

prone

Procedure -

Competitors will adopt prone position, load their rifles witha magazine of10rounds, makeready and engage thetargets with 2 rounds per exposure. Therewillbe 5 exposures of 4 secondseach at a regular interval of 5 seconds.

Scoring -

Bull-5 and Inner-4 marks

HPS -

50 marks per firer

Total Possible Score per team - 800marks

COMPETITION 21-DIG-APS CHALLENGE CUP- WOMEN

Entries -

One team of 4 Officers

Composition -

Other ranks

PRACTICE 1

(Snap)

Distance -

200 metres

No. of shots -

10 rounds no sighting.

Target -

Fig. 12/59

Position -

Prone

Procedure -

On the aim.No trial exposure.10 exposures of 3seconds each at irregular intervals of at least 5 seconds spread over 3minutes. Only ONE TARGET will be exposed any where over a front of 50fti.e (5x4ft target spacing). Each teammember will fire 1 shot at the same target during each exposure.

PRACTICE 2 (SnapShooting)

Distance -

100 metres

No. of shots -

10 rounds no sighting shots.

Target -

Fig. 12/59

Position -

Standing

Procedure -

As for Practice 1

Scoring -

Bull-5 and Inner-4 marks

HPS -

200 marks per firer

Total possible score per Team = 400 Marks

COMPETITION 22-DIG-KPS CHALLENGE CUP- MEN

Entries -

One team of 4 Officers

Composition -

Other ranks

PRACTICE 1

(Snap)

Distance -

200 metres

No. of shots -

10 rounds no sighting shots.

Target -

Fig. 12/59

Position -

Prone

Procedure -

On the aim.No trial exposure.10 exposures of 3seconds each atirregular intervals ofat least 5 seconds spread over 3 minutes. Only ONETARGET will be exposed any where over a front of 50ft i.e. (5x4ft targetspacing). Each team member will fire 1 shot at the same target during eachexposure.

Scoring -

Bull-5 and Inner-4 marks

HPS -

200 marks per firer

PRACTICE 2 (SnapShooting)

Distance -

100 metres

No. of shots -

10 rounds no sighting shots.

Target -

Fig. 12/59

Position -

Standing

Procedure -

As for Practice 1

Scoring -

Bull-5 and Inner-4 marks

HPS -

200 marks per firer

Total possible score Per Team_= 400 Marks

COMPETITION 23-DIRECTOR DCI CHALLENGE CUP-OFFICERS

Entries -

One team of 4 Officers

Composition -

Inspectorate and above (Gender optional)

PRACTICE 1

(Snap)

Distance -

200 m

No. of shots -

10 rounds no sighting.

Target -

Fig. 11/59

Position -

Prone

Procedure -

On the aim. No trial exposure. 10 exposures of 3seconds each at irregular intervals of at least 5 secondsspread over 3 minutes. Only ONE TARGET will be exposed any where over a frontof 50ft i.e(5x4ft target spacing).Each team member will fire 1shot at the same target during each exposure.

Scoring -

Bull-5 and Inner-4 marks

HPS -

200 marks per firer

PRACTICE 2 (Snap Shooting)

Distance -

100 m

No. of shots -

10 rounds no sightingshots

Target -

Fig. 12/59

Position -

Standing

Procedure -

As for Practice 1

Scoring -

Bull-5 and Inner-4 marks

HPS -

200 marks per firer

Total possible score per Team_ = 400 Marks

CO M PET I T I ON24 – RANGECOUNCIL CHALLENGE CUP(WOMEN)__

Entries -

12 competitors with the highest aggregate in

Competitions 6, 11, 13, 15, 17 and 19 or in any of the combination

PRACTICE 1

(Deliberate)

Distance -

300 m

No. of shots -

1 sighter on Fig.12/59 and 10 to count.

Target -

figure 12/59 and figure 11/59

Time -

Deliberate

Position -

Prone

Procedure -

On the aim. When the targets appear the firers will

engage them for appropriate time. Firing 5 rounds on

figure 12/59 and 5 on figure 11/59.

Scoring -

Bull-5 and Inner-4 marks

HPS -

50 marks per firer

PRACTICE 2

(Rapid)

Distance -

200 m

No. of shots -

10 rounds

Target -

2 Fig.11/59

Time limit -

30 seconds

Position -

Standing

Procedure -

On the aim. When the targets appear, 5 rounds to be

fired at each target.

Scoring - Bull-5 and Inner-4marksHPS - 50 marks per fireCO M PET I T I ON25 INSPECTORGENERAL’S CUP MEN__

Entries -

12 competitorswith the highest aggregate in

Competitions 1, 10, 12, 16, 18 and 20 or in any of thecombinations.

PRACTICE 1

(Deliberate)

Distance -

300 metres

No. of shots -

1 sighter and 10 to count.

Target -

figure 12/59 and figure 11/59

Time -

Deliberate

Position -

Prone

Procedure -

On the aim. When the targets appear the firers will

engage them for appropriate time. Firing 5 rounds on

figure 12/59 and 5 on figure 11/59.

Scoring -

Bull-5 and Inner-4 marks

HPS -

50 marks per firer

PRACTICE 2

(Rapid)

Distance -

200 metres

No. of shots -

10 rounds

Target -

2 figure 12/59

Time limit -

30 seconds

Position -

Standing

Procedure -

On the aim. When the targetsappear, 5 rounds to be

fired at each target.

Scoring

-

Bull-5 and Inner-4 marks

HPS

-

50 marks per fire

COMPETITION 26-(INVITATIONAL FALLING PLATES)-WAGENI CUP

Entries

-

One team of 4 from invited teams as per Para 9 of the rules

PRACTICE (FIRE AND MOVEMENT)

Distance

-

200m

Target

-

10 steel plates per team

No. of shots

-

10 rounds per firer

Position

-

Prone

Time Limit

-

2 Minutes

Procedure:-

Teams will be formed up at 300m at Stand at Ease position, rifle with working parts forward, sights adjusted, safety catch on the magazines filled. At the below of the whistle, teams will run to 200m firing point, get into prone position, get ready, aim and fire at the plates. Rifle MUST NOT be cocked until at PRONE position in 200m firing point.

Scoring

1.

A team wins its heats;

- If it knocks down all its plates in the shortest time, or;

- If it knocks down the greater number of plates, or;

- Incase each team knocks down the same numbers of plates at the same time, if it expends less ammunition. Incase of a tie, a re-shoot will determine the winner.

2.

The losing team of a pair if applicable will cease firing as soon as a command to stop firing is given/sounded after the winning team has knocked down its plates.

Unused ammunition(s) will be collected and counted by the range officer for the records purpose

NB: This competition MUST end at the lapse of 2 minutes and will be run on knock –out basis. No points/marks awarded for the winning team.

POOL BULL:

1.

ENTRIES:

Individual entries at Kshs. 200 per three rounds. No more than three shots may be fired consecutively by any competitor, unless authorised by Chief Range Officer.

2. PROCEDURE:

Distance -

200m or 300m

Target -

4ft. with a 1"white disc affixed to the centre of the

target.

Marking -

A pool bull will be indicated by crossed red and white

flags in front of the target. The range officer will

record the competition name

3.

GENERAL:

All targets will be allocated for pool bull for a period of the beginning of each day’s to enable each competitor to "warm" his rifle if he so desires.

The "pool" will be divided a t the end of each day’s competition amongst those competitors who have shot a "pool bull". If none have shot, the "pool" will be carried forward to the following day. In the event of an unclaimed pool on the last day of the meeting, the money will revert to the funds of the meeting. One quarter of each day’s pool money will revert to the funds of the meeting.

CHAPTER 64 – SERVICE ADMINISTRATIVE ORDERS

Service Orders procedure

1. (1) The procedure to be adhered to in regards to service administrative orders shall be─

(a)

Service Orders to be published by the Inspector-General fortnightly on Mondays and each issue shall be numbered consecutively throughout the year of issue;

(b)

Copies to be distributed to all Formations or Units counties, Sub-Counties and Police Stations;

(c)

Service Administrative Orders shall be prepared in three parts namely–

(i) Part I – containing announcements, obituary notices, honors, awards and commendations. Such items shall not be allotted serial numbers;
(ii) Part II – consisting of orders and instructions and amendments thereto which affect the Service and which shall appear under the headings; General Orders, Personnel and Accounting Instructions and General Information;
(iii) Part III – relating to personnel of the Service and shall be compiled under the following headings–
(a)

promotions to the Inspectorate or above;

(b)

first appointments- Gazetted Officers and Inspectorate;

(c)

reversions – Gazetted Officers and Inspectorate;

(d)

results of Government Language Examinations;

(e)

results of Inspectorate’s Examination;

(f)

results of AP Law examination; and

(g)

results of AP General Paper Examination.

(2)

The contents of Part II of Service Administrative Orders shall be indexed alphabetically under the sub-heading under which each item appears and the index shall consist of paper which shall be filed in the front of the file containing the Service Standing Orders, further, a new index shall be commenced for each year.

(3)

Items contained in Part III shall be entered in the relevant section of the Service Registers of the police officers concerned.

(4)

Officers-in-Charge of police establishments shall be held responsible for ensuring that these orders are complied with and the certificate to this effect at the end of each Service Order is completed accordingly.

(5)

Service Standing Orders shall be filed in a stiff back file, a new file being opened each year.

(6)

The content of the Service Orders shall be brought to the notice of all personnel at routine weekly lectures and items which directly affect individual police officers shall be communicated to them.

Awards, commendations and monetary reward

2.(1) Awards and commendations shall be made by the Inspector-General on the recommendation of the respective Deputy Inspector Generals and shall be published in Service Administrative Orders.

(2)

Awards and commendations shall be of three grades—

(a)

Distinguished Service Award;

(b)

Meritorious Service Award; and

(c)

Commendable Service Award.

(3)

The Awards and commendations are—

(a)

open to all ranks of the National Police Service and National Police Reserve; and

(b)

awarded for police work, either generally or particularly, of a standard clearly higher than expected of a police officer in the normal and efficient performance of the duty of his or her rank.

(4)

Recommendations may be submitted at any time and shall be made on Form 89.

(5)

Monetary rewards─

(a)

shall be paid for acts of special merit or particular devotion to duty but not for the proper performance of ordinary routine duty;

(b)

eligibility shall be to all officers of the National Police Service and National Police Reserve;

(c)

of upto twenty thousand may be paid by the Deputy Inspectors-General on their own authority and published in the Service Administrative Order;

(d)

of upto twenty thousand may be paid by the Inspector General on the recommendation of the respective Deputy Inspector General and shall be published in the Service Administrative Order;

(e)

recommendations may be submitted any time and shall be made on Police Form 89;

(f)

shall be payable from the Vote "Police, Other Charges, Miscellaneous, Rewards to Police Officers", and shall be accounted for in accordance with the accounting instructions; and

(g)

to members of the Service and Reserve shall not be paid from Directorate of Criminal Investigation or other Intelligence funds .

County Weekly Orders

3.(1) County weekly orders shall be published by the County or Formation Commanders and circulated to the Service establishments.

(2)

Weekly orders shall be in two parts –

(a)

Part I shall contain all instructional orders as are considered necessary for the command and shall not be contrary to any order or instructions issued from Service Headquarters;

(b)

Part II shall relate to personnel of the command and shall be compiled under the headings –

(i) Awards/ Commendations;
(ii) Monetary rewards;
(iii) Promotions – Corporals and Sergeants;
(iv) Confirmation in appointment (Constables);
(v) Inspectorate Examination Results;
(vi) Literacy Examination results;
(vii) St. Johns Ambulance results (all ranks);
(viii) Transfers – (All ranks including civilians);
(ix) Leave – (All ranks including civilians);
(x) Discharge of junior officers;
(xi) Punishments (Including dismissals, Interdictions, Suspensions and Criminal convictions of junior officers); and
(xii) Examination Results.
(3)

Further to the normal circulation of county weekly Orders throughout the relevant formation , copies shall be distributed to–

(a)

the Office of the Inspector-General and respective Service Headquarters; and

(b)

the County or Formation.

Kenya Gazette

4. Kenya Gazettes for each year shall be neatly filed in the order of issue in stiff cardboard covers and shall be bound.

Acts and Legislative Supplements

5. (1) Acts and Legislative Supplements shall not be sent to the Government Printer for binding.

(2)

Bound copies shall be issued by the Government Printer to the Formations or units approved by the Inspector-General and formations not in receipt of bound copies shall file Acts and Legislative Supplements in order of issue in stiff cardboard covers obtainable on stationary indent.

(3)

Unbound copies at Formations in receipt of bound copies shall be retained at the formation concerned and shall remain on inventory charge to be used for training, lectures or study purposes.

Amendments to Act and Legislative Supplements

6. (1) The procedure for amending law books shall be in regard to─

(a)

Acts with which the police are particularly concerned–

(i) "Noter-up" Service shall be compiled by the Legal Department periodically and Volumes of this distributed automatically by the Quarter master to County level as soon as they are issued in accordance with this Standing Orders and the Formation or County commanders shall distribute to subordinate formations;
(ii) until such time as the "Noter-up" Service is issued amended sections in substantive Acts shall be annotated in red ink with the words "amended by Act and year";
(iii) when the "Noter-up" Service is received Acts shall be amended by pasting in the relevant slips from the Service.
(b)

Acts and Subsidiary Legislation with which the Police are not particularly concerned, it shall be sufficient to annotate the substantive legislation in red ink to the effect that amendments have been made;

(c)

Subsidiary Legislation with which the Police are particularly concerned–

There may be no "Noter-up" Service in respect of Subsidiary Legislation, however, minor amendments shall be annotated in red ink and major amendments shall be typewritten and pasted into the amended legislation at the relevant part.

(2)

The County and Sub-County Commanders shall ensure subordinate Units understand which legislation is the particular concern of the Police.

Issue of instructional books

7. The following books shall be personal issue to—

(a)

all officers-the pamphlet, riot drill and training;

(b)

all officers of or above the rank of inspector "instructions on the use of force in civil disturbances; and

(c)

all recruit constablespolice manual.

Training instructions in the national police service to issue instructional books to recruits

8. (1) All training institutions in the national police service shall be responsible for the initial issue of the publications under paragraph (7) to all newly appointed officers and recruit constables.

(2)

Where an officer is leaving the Service, these publications shall be withdrawn and returned to the respective Service stores.

CHAPTER 65 – SERVICE ARMOURERS BRANCH

1. Functions of the Chief Service Armourer

(1)

The Chief Service Armourer shall be responsible for and report to the Deputy Inspector-General on all matters of the Branch touching on organization, administration, selection and training of personnel selection, inspection, storage and repair of items listed in h (3) for the Administration Police Service, Kenya Police Service, and National Police Reserve and maintenance of records.

(2)

The Chief Service Armourer shall repair and store the items specified under paragraph (3) for the following government departments—

(a)

the Kenya Police Service;

(b)

the Administration Police Service;

(c)

the Kenya Prisons;

(d)

the Kenya wildlife Services; and

(e)

the Forest department.

(3)

The items mentioned under paragraph (2) shall include—

(a)

motors;

(b)

firearms together with their accessories;

(c)

bayonets, swords and scabbards;

(d)

specialist weapons;

(e)

riot equipment;

(f)

chain metal work of accoutrements; and

(g)

ammunition and grenades.

2. Organization Circuit Team

(1)

The Chief Service Armourer shall be based at the Service Headquarters in Nairobi, and the heads of Armourer Circuit Teams, who shall be the senior Armourers, shall be based at their respective County Headquarters.

(2)

The following formations, units and detachments shall be served by Armourers based at their respective Headquarters, and their service shall include the entire field of Companies, Platoons, County Commanders and sub County Commanders—

(a)

General service unit headquarters – Ruaraka;

(b)

Directorate of criminal Investigations – Mazingira;

(c)

Antistock Theft Unit – Gilgil;

(d)

Presidential Escort Unit – Ruiru;

(e)

Kenya Police College – Kiganjo; and

(f)

General Service Unit Training School – Embakasi.

(3)

Armourers attached to the training institution shall be responsible for the conduct of lectures on minimum basic mechanical functioning and user preventive maintenance of all weapons to recruits and other course participants in addition to carrying out repairs and maintenance of weapons and accessories held there.

(4)

In addition, armourers detachments shall be permanently attached to the Kenya Police College and the General Service Unit Training School and shall be responsible for─

(a)

maintenance of all weapons held by the College and the General Service Unit Training School including the Magadi Camp; and

(b)

the conduct of lectures on minimum basic mechanical functioning of all weapons to recruits.

(5)

County arms workshops shall be established under the areas listed below to carry out arms repairs—

(a)

Embu - area covered by A.C.T No. 1 and 11;

(b)

Nyeri - area covered by A.C.T No. 2;

(c)

Nakuru - area covered by A.C.T No. 3 A.C.T No 5 and A.C.T No. 8;

(d)

Lodwar - area covered by A.C.T No. 8;

(e)

Kisumu - area covered by A.C.T No.9;

(f)

Mombasa - area covered by A.C.T No. 6;

(g)

Garissa - area covered by A.C.T No. 7;

(h)

General Service Unit Arms Workshop for all weapons held by General Service Unit and Presidential Escort Unit;

(i)

Kakamega - area covered by A.C.T. No. 13; and

(j)

Anti Stock Theft Unit - area covered by A.C.T No. 12.

(6)

The County workshops established under paragraph (5) shall operate under the control of the following officers—

(a)

Embu - Officer-in-Charge, A.C.T No. 1;

(b)

Nyeri - Officer-in-Charge, A.C.T. No. 9;

(c)

Mombasa - Officer-in-Charge, A.C.T No. 6;

(d)

Nakuru - Officer-in-Charge, A.C.T No. 4;

(e)

Garissa - Officer-in-Charge, A.C.T. No. 7;

(f)

A.S.T.U - Officer-in-Charge, A.C.T. No. 12;

(g)

Kakamega -Officer-in-Charge, A.C.T. No. 13; and

(h)

Lodwar- Officer-In-Charge, A.C.T. No 8.

3. Attached formations and Personnel

Armouries Circuit Teams and workshops shall be responsible for the repair of arms and equipment of formations and personnel temporarily attached to their area of responsibility.

4. Service Central Arms Workshops

(1)

The Base workshop shall carry out a complete overhaul of all weapons back loaded by County workshops and break-up all boarded equipment as recommended by the standing Board of Survey.

(2)

All arms and equipment ordered for repair at the Service Central Arms Workshops shall be routed through the Service Central Arms Stores.

(3)

A unit shall not forward repairs directly to the Service Central Arms workshop unless duly authorized by the Chief Service Armouries, and shall follow the instructions for disposal in accordance with these Standing Orders.

5. Kenya Prisons and other departments

The Kenya Prison Services and other Departments shall collect and forward their weapons to or from the Service’s Central Arms Stores, through their respective main Headquarters.

6. Service Central Arms Stores

All issuance of arms, ammunition, riot equipment and accessories shall be as directed by the Chief Service Armouries.

7. Armouries Training

The Armouries Training School based at the Central Arms Workshop shall be responsible for manpower development in the Branch.

8. Local Administration

The Armouries Branch personnel shall, for administration purposes, be attached to the County and Sub-County Headquarters at which they are based and shall report on all inspections made in accordance with these Standing Orders.

9. Inspection Frequency

(1)

A police officer-in-Charge of an Armouries Circuit Team shall carry out inspections of all small arms and connected equipment for which the officer is responsible for and verify the disc as per Arms and Ammunition Order of these Service Standing Orders at least twice a year, however, the frequency may be increased where necessary.

(2)

Ample notice of inspections shall be given to all Units to enable them to assemble their arms and equipment.

(3)

Spontaneous inspections may be carried out at the discretion of the Officer-in-Charge.

10. Inspection Reports

(1)

Every inspection shall be the subject of an "Armouries Inspection Report", to be completed by the inspecting officer in Form P. 80A and shall be distributed as follows─

(a)

in respect of police—

(i)

the original shall be sent to the Officer-in-Charge of the Formation inspected;

(ii)

a duplicate shall be sent to the Sub-County Commander;

(iii)

a triplicate shall be sent to the County or Formation Commander;

(iv)

a quadruplicate sent to the Chief Service Armouries; and

(v)

a quintuplicate retained by the inspecting Armouries; and–

(b)

in respect of other Departments, as instructed by the Chief Service Armouries.

(2)

Sub-County Commanders shall ensure inspection reports are filed in proper sequence at all levels and are available for examination when required, and any action recommended in the report is dealt with without delay.

11. Arms condemnation

When arms are classified as either unserviceable or as beyond local repair facilities, the inspecting officer shall, before leaving the unit, prepare an Armourers condemnation certificate in Form P 81 which shall be distributed as follows─

(a)

a copy shall be sent to the Unit concerned, for record purposes;

(b)

a copy shall be sent to the Unit concerned to accompany condemned arms on disposal and to support demand for replacement;

(c)

a copy shall be sent to the respective Chief Service Armourer attached to the relevant copy of inspection Report in Form P 80a; and

(d)

a copy shall be retained by the inspecting armourer.

12. Disposal of condemned arms

(1)

The Inspecting armourer shall clearly label all equipment so condemned and the Unit Commanders shall carry out, without delay, the disposal of the condemned equipment as instructed in form P81, and through the normal channels.

(2)

Any demand for replacement of condemned equipment shall be forwarded through the normal channels endorsed with the applicable Prescribed Form.

13. Procedure for items classified as "beyond economical repair"

Weapons condemned at the respective Service Central Arms Workshops as beyond "economical repair" shall be returned to the Service Central Arms Stores to be retained for subsequent Board of Survey action.

14. Unserviceable weapons

Any equipment which has been condemned as unserviceable by the Circuit Armouries shall on arrival at the Service Central Arms Stores be examined by the Officer-in-Charge of the Service Central Arms Workshops who shall then decide on the suitability for repair at Service Central Arms Workshops or for boarding.

15. Small Arms Neglect, Misuse And Damage

(1)

All instances of neglect, misuse and excess damage to arms shall be reported in the relevant column of Form P 80A and the following information shall be provided—

(a)

full details of the damage;

(b)

suspected cause of the damage;

(c)

a list of the components requiring replacement;

(d)

the name of the officer responsible; and

(e)

a note of any mitigating circumstances.

(2)

A small Arms-Neglect and Misuse Report shall be submitted to the Formation Commander.

16. Action at County or Formation Headquarters

On receipt of the Armouries report, the County or Formation Commander shall take necessary disciplinary action on the officer responsible, if required, and such disciplinary action shall be reported to Chief Service Armourer for recording purposes.

17. Persons authorized to repair arms

Only qualified armourers of the authorized establishment of the Service armoury section shall be authorized to repair weapons.

18. Reports on unauthorized tampering

(1)

Officers-in-Charge of Circuit Teams shall report any breach of orders to the Chief Service Armouries at Service Headquarters.

(2)

Where after the report made under paragraph (1), it is confirmed that tampering or modification has occurred without proper authority, the matter shall be the subject of a neglect and misuse report to be submitted by the inspecting armourer.

19. Safety precaution

Armourers shall at all times observe the standard safety precautions prior to the examination or repair of any firearm.

20. Stores Accounting Instructions Details

Armouries Stores accounting shall be carried out in accordance with the Stores Accounting Instructions Armouries and "Q" Stores Accounting Instructions Details.

21. Transport of Weapons

An Officer-in-charge of a Circuit Team or any other member of the Service Armouries establishment shall not transport any weapons unless adequately escorted.

CHAPTER 66 – SERVICE WELFARE

1. Field of welfare

(1)

The general comfort of officers in their quarters shall include─

(a)

adequate water supplies;

(b)

recreation during off-duty hours;

(c)

provision of canteens;

(d)

having organized sports and games;

(e)

cinema shows;

(f)

distribution of books, magazines, periodicals, newspapers;

(g)

home crafts and care of children;

(h)

visits to sick officers either in quarter or in hospitals; or

(i)

interviewing and assisting officers in difficulties domestically or otherwise.

(2)

The welfare officers shall in performing duties take care not to unduly interfere with the private lives of police officers and their families where this might be resented, or to do anything which may militate against discipline.

2. Responsibility of a Welfare Officer

The officer in local command of a formation is primarily responsible for the welfare of those serving under him or her and is responsible for identifying deficiencies in welfare measures, reasons for discontent and poor morale, and remedying them.

3. County or Formation Commander’s role

The County or Formation Commander shall ensure that officers directly responsible for the well-being of the officers effectively carry out their duties.

4. Canteen and recreation rooms

Every effort shall be made to make canteens and recreation rooms as comfortable as possible and to encourage the use of the amenities provided.

5. Organized recreation

Organized recreation in the Service includes inter Station, Sub-County or County sporting events but excludes such training competitions as the Service Drill Shield competition, the Service Rifle meeting and the Inter-County First Aid Competition.

6. Transport for organized recreation

(1)

A Police Officer of or above the rank of a Chief Inspector may permit the use of police vehicles, or issue railway warrants or authorize omnibus travel to Police Officers, Reserve Police Officers and Civilian members of police teams who participate in organized recreation.

(2)

The cost of such transport shall be met from the travelling and transport vote of the Formation concerned.

7. Ex-officer wishing to be assisted in seeking employment

A retired police officer, with a honorable discharge from the Service, and has maintained a good character wishing to be assisted in seeking a civilian employment, or having any personal queries concerning his or her service or pension may apply to the respective Deputy Inspector-General or to the nearest County commanders, who shall direct any such correspondence through normal channels to Service Headquarters, where arrangement shall be made to deal with the matters.

8. Police Canteen

A police canteen shall be operated in accordance with the rules set out in Appendix 66(a).

9. Police leave centre

The Police Leave Centre shall be operated in accordance with the rules set out in Appendix 66(b).

10. Police mess

A police mess shall be operated in accordance with the rules set out in Appendix 66(c).

OBJECT OF RULES

1.

The object of the Rules is to ensure that all Police Canteens are run on uniform lines and the Formation Commander in which the canteen is situated shall have a controlling interest in the management.

CANTEEN COMMITTEE

2.

(1) The Formation Commander responsible for managing the canteen shall be assisted by a canteen committee which shall consist of a Chairman, an Inspector, and Non Commissioned Officer and two Constables (or up to four constables depending on the strength of the formation).

(2)

The committee shall make recommendations for improvements to the respective canteen and for the disposal of any monies which may accrue.

(3)

The committee shall include both male and female members.

MANAGEMENT OF CANTEEN

3.

(1) The management of the police canteen shall be−

(a)

by agreement, whenever possible;

(b)

by paid manager; or

(c)

by committee.

(2)

A canteen managed by agreement shall be by a contractor and the agreement shall be signed on behalf of the government by the Administrative Secretary to the police or such other officer to whom he or she delegates his or her powers; and where it is a large canteen, it shall be put out to tender by the Formation Commander before any agreement is entered into and the normal government tendering procedure shall be followed.

(3)

A canteen may be managed by a paid manager who shall be installed by the Formation Commander after the Formation Commander inquires into the manager’s character and background and on a fixed salary.

(4)

A canteen may be managed by the committee only when the Formation is so remote that it is impossible to obtain a contracting trader, or it would be uneconomical to engage a paid manager and the committee shall be responsible for all matters affecting the canteen.

FORM OF CONTRACT

4.

(1) A signed and witnessed agreement shall be entered into between the Administrative Secretary to the Police department and the canteen contractor, and shall be in the form set out as an annexure to these Rules.

(2)

The conditions of the agreement shall be strictly adhered to at all times.

HOURS OF SALE

5.

The hours of business of a police canteen shall be as laid down by the Formation Commander, in consultation with the canteen Committee, and shall be in accordance with existing regulations.

TRADING LICENSES

6.

Trading Licenses shall be taken out by the contractor, or Formation Commander in the case of paragraph 3(3) and (4) and care shall be taken to ensure that all police canteens selling liquor are in possession of the appropriate and valid liquor licenses.

PURCHASE OF GOODS

7.

(1) All goods purchased from any source for resale in police canteens let out to contract shall be ordered by and in the name of the Contractor and not in the name of the particular police canteen.

(2)

All goods purchased from any source for resale in police canteen in which a paid manager is employed by the Formation Commander shall be ordered by and paid for by the Formation Commander on behalf of the particular police canteen.

(3)

All goods purchased from any source of resale in police canteens managed by the committee, shall be ordered by and paid for by chairman of the said committee on behalf of the particular police canteen.

SALES

8.

(1) Sales shall be confined to Police officers, but there is no objection to local members of the public, approved by the Formation Commander making purchases from the canteen:

Provided that the Canteen is situated in a remote area where there are no other shopping facilities available and therefore no likelihood of depriving professional traders of business.

(2)

All sales shall be for cash and no claim by any contractor for debts incurred for any purchase shall be entertained.

DISPLAY OF NOTICES

9.

Each police canteen shall display–

(a)

a copy of S.S.O. Appendix 66 (a);

(b)

a copy of Agreement-if managed by a contractor;

(c)

A Price-List in English and Kiswahili;

(d)

any necessary License (s);

(e)

a copy of Local canteen Rules;

(f)

name of paid Manager where applicable;

(g)

names of serving Committee; and

(h)

an inventory of Canteen Property.

CANTEEN CASH

10.

(1) When a police canteen is run by a contractor, the contractor is responsible for the safe custody of the cash he or she takes.

(2)

When a police canteen is run by a Manager paid by the police or by a committee, the Chairman of the canteen - committee is responsible for the safe custody of the cash taken and such cash shall be kept in a cash box which shall be purchased from Canteen Funds.

(3)

The Chairman of the canteen committee is responsible for the safe custody of the monies collected for Canteen Cess and by subscription and such monies shall be kept in the Canteen cash box.

(4)

Cash in the canteen Cash box, for which the Chairman of the Canteen Committee is responsible, shall be safeguarded by him or her as follows–

(a)

when not in use, the locked canteen cash box shall be placed in the station safe, or where there is no safe in the station, armoury;

(b)

where a cash box is placed in or removed from a station safe or armoury, an entry shall be made in the Occurrence Book to this effect; and

(c)

all canteen monies shall be banked so that cash in hand is minimal.

ANNUAL RENT

11.

(1) A contractor of a police canteen premises shall pay the agreed monthly rent on the 1st day of each month.

(2)

The monthly rent shall be varied from time to time depending on the premises, general rents, and trade in the area and the rent shall be credited to the Police Appropriation in-Aid miscellaneous rent for police canteens.

CANTEEN CESS

12.

A Contractor running a police canteen shall normally be charged a Cess which shall be at a monthly rate of Sh.2/= for urban areas or Kshs. 1/= for rural areas per head of strength of the formation concerned, or such larger sum as agreed by the Administrative Secretary and the contractors, such sum to be credited to County Canteen Welfare Fund.

CANTEEN SUBSCRIPTION

13.

(1) In all Formations where a police canteen is operated, the Canteen personnel concerned shall pay a monthly subscription as follows:

(a)

in respect of constables Kshs. 5.00;

(b)

in respect of Corporals Kshs. 7.50;

(c)

in respect of S/Sergeant/Sergeants Kshs. 10;

(d)

in respect of Inspectors Kshs. 12.50; or

(e)

chief Inspector Kshs. 15.00.

(2)

Such subscriptions shall be credited monthly to County Canteen Welfare Fund at County Headquarters.

(3)

Canteen subscriptions, due from all personnel resident in lines where a canteen operates, shall be collected over the payable each month.

(4)

Officers responsible for paying their formation personnel shall collect such subscriptions, and send them together with a nominal roll of subscribers, to the officer in charge of County Canteen Welfare Fund.

(5)

The Officer-In-Charge of the Fund shall check such nominal roll against his or her list of residents and shall acknowledge receipt of the monies sent to him.

ACCOUNTS

14.

(1) The Formation Commander shall, in respect of any police canteen in his or her command which is run by a manager paid by the Police Committee, submit to the Officer-In-Charge of his or her Formation or County or to Nairobi Area Headquarter in the case of Nairobi Depot, an Income and Expenditure Account and Balance Sheet.

(2)

Unless otherwise instructed, the accounts may be submitted quarterly by the 15th of April, July, October and January and they shall be certified as correct by the Chairman and Treasurer of the canteen concerned.

(3)

Where a canteen is run by a manager paid by the Police or by a Police Committee, the Officer in charge of County or independent Formation with canteens shall examine the books of their canteens on their inspections.

DISBURSEMENT OF WELFARE FUNDS

15.

The disbursement of the-

(a)

County Canteen Welfare Funds shall be at the discretion of the county or Formation Commander; and

(b)

Sub-County Canteen Welfare Funds shall be at the discretion of the subcounty Commander.

INDEBTNESS

16.

The Canteen Committee shall be jointly and severally responsible for any indebtedness of a Canteen operated by a paid Manager or a Police Committee.

MAINTENANCE OF ACCOUNT

17.

Loans shall not be made to individuals from these funds maintenance which shall be used solely for the benefits of the contributors of account. Great care shall be taken to ensure that the accounts are properly maintained by the Deputy O.C.P.D. and regularly inspected by the sub-county Commander, personally, at least once a month, to ensure, amongst other things that–

(a)

all entries are arithmetically correct;

(b)

cash,by physical check, and Bank or Post Office Balances correspond with those appearing in the cash book;

(c)

all cash transactions have been authorized by him or her and are properly reflected in the cash book;

(d)

all purchases and payments are supported by invoices and receipts;

(e)

no unauthorized-expenditure has taken place; and

(f)

proper receipts for all subscriptions or other revenue have been issued and reflected in the cash book.

PERSONAL CHEQUES

18.

Personal cheques should not be cashed from these funds. Kshs. 1000 cash sufficient to meet small purchases, should be held on hand. All other payments should be transacted by cheques or by withdrawal from the savings accounts.

SIGNATORIES

19.

Cheques or withdrawal forms shall be signed by the O.C.P.D. and the Officer-In-Charge of the Sub-county Headquarters, Police Station.

CHANGE OF COMMAND

20.

(1) On change of command, the officer taking over shall check the Canteen Welfare Accounts and make certain that it is in order before accepting responsibility for the accounts, if he or she fails to do so he or she shall be held responsible for any or all deficiencies which may be discovered later.

(2)

A comprehensive statement of the financial state of this fund shall be included in the handing over notes.

SPECIMEN SIGNATURE

21.

Specimen signatures of the taking over officer shall be sent for record purpose to the bank or post office concerned.

SUPERVISION BY COUNTY OR FORMATION COMMANDERS

(1)

The County or Formation Commanders shall ensure that there is no deviation from these instructions and shall also appreciate and discharge their own responsibility in exercising general control over these funds.

(2)

During the course of their Inspections/Visits the County/Formation Headquarters officers shall inspect all - welfare accounts and shall satisfy themselves that the accounts are properly maintained and are up to date.

COUNTY OR FORMATION FUND MAINTENANCE

22.

County or Formation Canteen Welfare Accounts should be maintained either by the Headquarters Superintendent or S.O.(A) under the direct supervision of the SSP.

(2)

Where there is no S.O. ‘A’ the SSP should assume the responsibility for this account. Cheques and withdrawal forms shall only be signed by the county or Formation Commanders. The second signatory shall be a County or Formation Headquarters’ Staff Officer.

HANDING OR TAKING OVER

23.

Where a Police Canteen is not run by a Contractor, the sub-county or Formation Commander shall ensure that there is a proper handing or taking over, of stock, records and monies, when a change of the Canteen Committee Chairman occurs and such handing or taking over is to be recorded in Handing over Notes.

LOCAL RULES

24.

County, Formation or Sub-county Commanders may make local rules for the better running of Police Canteens in their commands.

THIS AGREEMENT is made on the ............ day of .................... and .................. between the Government of the Republic of Kenya ............... (herein after called "The Government") on the one part and ............... (herein after called "The contractor’) on the other part.

WHEREAS it has been agreed by and between the parties hereto that in consideration of the Government making premises available at ........................................... Police Station the contractor shall conduct a canteen therein AND WHEREAS for some time past the contractor has been conducting a canteen in premises made available by the Government at ..................... Police Station.

AND WHEREAS it has been agreed between the Government and the contractor that the terms and conditions upon which the said canteen has been and shall in the future be conducted shall be reduced into writing.

NOW THEREFORE this Agreement witnessed until such time as this Agreement shall have been terminated as hereinafter provided:

1.

The contractor shall provide for the use of the staff employed at ................................... Police Station a canteen service upon the terms and conditions hereinafter appearing.

2.

The contractor shall conduct his/her said canteen and all business incidental thereto in the building or buildings for the time being provided for that purpose by the Administrative Secretary to the Police Department, Office of the President (herein after called "The Administrative Secretary").

3.

On the .......................... day of each and every month during the currency of this Agreement the Contractor shall pay to the Officer-in-Charge of ............................ Police Station a sum of Kshs ................... per month or a cess of Ksh ................... per head of strength of staff appearing on the books of the said Police Station on the first day of the month to which such payment related.

4.

In addition to the case hereinafter referred to, the Contractor, shall pay to the Officer-in-Charge of ........................ Police Station monthly such reasonable sum as may be levied by the said Officer-in-Charge in respect of light, water and conservancy services supplied to the Contractor for the purpose of conducting his/her said Canteen; provided that there were practicable water and electricity, separately metered and the costs of supply through such meters, including the rent, shall therefore be met by the Contractor.

5.

The Contractor shall also pay an agreed monthly rental which in respect of the building or buildings for the time being provided by Administrative Secretary for the purpose of conducting the said canteen.

6.

All payment as aforesaid shall be made by the Contractor by means of a crossed cheque drawn in favour of "The Officer-in-Charge of .............. Police Station".

7.

The Price of goods to be sold in the canteen shall be in accordance with the prices appearing in the list attached to this Agreement. Any alterations or modifications hereto shall first be approved by the Officer-in-Charge of ................................ Police Station.

8.

A price list of all goods to be sold in the canteen shall be displayed in English and Kiswahili in a prominent place in the Canteen.

9.

The Contractor shall open his or her canteen for business only between such hours as may be laid down for the purpose by the Officer-in-Charge of ............................................... Police Station.

10.

The Contractor shall not make any alterations or additions to the premises provided for the conduct of his/her canteen in accordance with this Agreement without first obtaining the written approval of the Administrative Secretary.

11.

The Contractor shall during the currency of this Agreement maintain the canteen premises in good repair and shall keep the same clean and shall at the termination of the Agreement surrender the same in a clean condition and in as good a state of repair as when he or she took possession thereof. If the Contractor shall fail to keep the premises in proper repair the Government may repair the same and recover the cost of so doing from the Contractor.

12.

The Contractor shall be solely responsible for the security of his or her canteen against fire or theft or other damage however occurring.

13.

The Government shall not be responsible for any debts incurred by the Contractor in the conduct of his or her said canteen.

14.

All goods for use in the canteen shall be ordered by the Contractor in his or her own name and not in the name of the Government or any department or officer thereof.

15.

The provision and possession of licenses for the sale of liquor and for trading purposes shall be the sole responsibility of the contractor.

16.

The Contractor shall at all times conduct the canteen in an orderly manner and to the satisfaction of the Officer-in-Charge of ..................................................... Police Station, The canteen shall at all times be under the Contractor’s personal management unless he or she shall first have obtained the written consent of the Administrative Secretary to the appointment of a Manager thereof.

17.

The Contractor shall supply only members of the staff of the Service and their respective families save in cases where the permission of the Officer-in-Charge of the .......................................... Police Station has been obtained to the supply to other persons.

18.

The Contractor shall conduct the said canteen on a strictly cash basis and shall not allow credit in respect of purchase made therein.

19.

The Officer-in-Charge of .......................... Police Station or any of his or her superiors in the Service shall have the right at all times to inspect the canteen.

20.

The Officer-in-Charge of ............................ Police Station shall have the right to refuse any person or persons admission to the canteen.

21.

Either party may terminate this Agreement on giving to the other party one month’s notice in writing.

22.

Notwithstanding anything hereinbefore contained the Administrative Secretary may terminate this Agreement forthwith in the event of the Contractor committing any breach of its provisions.

23.

The Contractor acknowledges that he or she has read the "Police Canteen Rules" and agrees that in the conduct of his/her said canteen he or she shall abide by the said Rules in so far as they shall be applicable to him.

IN WITNESS WHEREOF this Agreement has been executed the day and year first hereinbefore written.

Signed for and on behalf of theOfficer)

)

(Administrative

Government of the Republic of Kenya by the said: .................................In the presence of: .............................

)

)

Signed by the saidIn the presence of: ............................................

)

(Contractor)

)

INFORMATION.

1.

The Police Leave Centre at Nyali is situated on State Land and comprises an area of 2.6 acres.

ADMINISTRATION

2.

(1) The leave centre shall be managed by a committee formed from Police Officers of the Coast County and the committee shall consist of-

(a)

the County Commander as Chairman;

(b)

Secretary or Treasurer duly appointed by the County Commander; and

(c)

a minimum of two members one member to be a Gazetted Officer and the other to be an Inspector of Police.

(2)

The committee shall meet at least once every month.

ELIGIBILITY TO OCCUPY THE CENTRE

3.

(1) The leave centre may be used only by serving Gazetted officer or members of the Inspectorate and their families also by relatives and friends who accompany them.

(2)

Application from members of the Civilian Staff working in the Police of the rank equivalent to the Inspector may be accepted at the discretion of the County Commander Coast that provided the Centre is not required during that period by a serving Police Officer.

PERIOD CENTRE MAY BE OCCUPIED

4.

(1) A police officer may occupy the leave centre for a period of not exceeding two weeks, but if within one week of an officer being due to depart, there is no booking for the subsequent two weeks, then an officer may extend his or her period of hire for a further two weeks or part thereof but no longer.

(2)

During school holidays the period of stay shall be limited to one week only.

CHARGES

5.

(1) The charges accruing for use of the leave centre shall include the use of electricity and water and shall be at the rates published from time to time in Service Orders.

(2)

Relatives or friends of an officer shall not be eligible to stay in the centre if they are not accompanied by the Officer (Regular or Civilian).

ACCOUNTS

6.

(1) The Centre shall keep a Bank Account in the name of "POLICE LEAVE CENTRE".

(2)

The Treasurer shall pay monthly all electricity, water and conservancy charges and the caretaker's wages.

(3)

The Treasurer shall keep proper books of accounts, an audited Annual Income and Expenditure account and Balance Sheet shall be submitted to Service Headquarters by 31st January, of the following year; this shall be published in Service Orders as soon as possible after this date.

(4)

Occupants of the leave centre shall settle their accounts at Coast County Headquarters before leaving Mombasa, Cheques shall be made payable to "Police Leave Centre" and crossed.

BOOKING

7.

(1) The Centre shall be booked through the Staff Officer (A) at the County Headquarters, Mombasa, who shall keep a record of bookings; he or she shall keep the service Headquarters informed of "free" periods, so that notice of such can be promulgated in service Orders.

(2)

No booking from the eligible member of the civilian staff shall be accepted prior to one month before his or her intended date of hire, however, a serving member of the regular service may make reservation three months in advance.

(3)

When a booking is confirmed, a 50 per cent deposit of the total hire shall be sent to the Treasurer, the deposit shall be forfeited if a booking is cancelled for any reason unless the Committee is satisfied that the circumstances were beyond the control of the officer concerned; appeals against forfeiture shall be made to the Inspector General of Police, whose decision in the matter shall be final; a copy of any appeal shall be sent to the Chairman of the Leave Centre Committee who shall address his/her comments on the appeal to the respective Deputy Inspector General of Police.

INVENTORIES

8.

(1) The secretary shall maintain an up-to-date Inventory of all Equipment; a copy of the Inventory shall be posted at the Leave Centre. Tenants shall check the Inventory with the Secretary on occupying the Centre and before leaving it. Both officers shall sign the Inventory as correct or otherwise.

(2)

Breakages and damage shall be reported at once to the Secretary by the tenant concerned and payment made at rates laid down by the committee.

INSURANCE

9.

The Leave Centre buildings shall be insured against fire and the property against theft and the premium to be paid by Banker's Order.

CARETAKER

10.

There shall be a resident caretaker who shall be responsible to the committee for the Centre.

EQUIPMENT

11.

(1) The Leave Centre contains beds, mattresses, pillows, mosquito nets cutlery and crockery for six persons and there is no bed or table linen.

(2)

There shall be a refrigerator which shall be kept clean; the top of the refrigerator shall not be used as a shelf and before vacating, the refrigerator shall be defrosted, dried, switched off and the door left open.

GENERAL

12.

(1) The Police Leave Centre shall offer cheap holiday accommodation.

(2)

Tenants shall ensure that buildings and property are treated with due care during their period of occupation at the Centre.

1.

Where practicable, a police mess shall be formed by Unit, County or Formation Commanders to meet the needs of gazetted officers, and inspectors within their command.

2.

A police mess shall be constituted under the following categories-

(a)

Officers' Messes for Gazetted Officers;

(b)

Inspectors' Messes for various ranks of the Inspectorate as specified by the County, Unit or Formation Commander; and

(c)

Joint Messes for gazetted officers and those ranks of the inspectorate specified by County, Unit or Formation Commanders within their commands.

MEMBERSHIP

3.

(1) Every gazetted officer shall be a member of the Officer's Mess, Nairobi, and every gazetted officer serving outside Nairobi shall also be a member of any other officers' Mess or joint Mess within his or her own County, Formation or Unit.

(2)

Every Inspector shall be a member of the mess, where such exists for officers of his or her rank, within the Sub-County or other formation in which he or she is employed and where there is more than one such mess, he or she shall be a member of that mess to which he or she is directed by the County, Unit or Formation Commander.

(3)

Any gazetted Officer or Inspector travelling on duty away from his or her station may become a temporary member of any Officers' or inspectors' mess, as the case may be, situated in the area where he or she is travelling and unless he or she is married and is accompanied by any member of his or her family, he or she shall avail himself or herself of mess residential facilities where these exist irrespective of the National Police Service.

(4)

The privilege of Honorary Membership of a Police Mess may be accorded at the discretion of the in respect of the Officers’ Mess, Nairobi, or the County or Formation Commander in respect of Messes within their respective commands, to Officers or Inspectors qualified by their rank for such privilege, and to certain selected persons who are not serving members of the national Police service Honorary members shall not take part in the management of the mess.

(5)

Retired Police Officers, but not those who have been dismissed from the service, with the approval of the Inspector-General, may be re-elected honorary members of the mess to which their substantive rank on retirement entitled them, but they shall apply each year for the renewal of their membership.

MESS CONTRACTORS

4.

The County, Unit or Formation Commanders may represent to the Inspector-General that the Catering or Bar of any mess within their command should be managed by contract and if the request is accepted, tenders shall be called from the public and a contract awarded by a Board of officers.

LIVING-IN

5.

(1) A mess may be residential or non-residential and where messes exist and accommodation is available, every gazetted Officer and Inspector shall reside in the appropriate mess. Provided that:-

(a)

a married officer or married Inspector shall be exempt from this rule when any member of his or her family is resident with him or her on the station, and

(b)

any other officer or Inspector may be exempted from this rule with the prior authority in the case of the officers' Mess, of the Mess Chairman of Nairobi, or the County or Formation Commander in respect of mess within their commands.

PATRON/CHAIRMAN

6.

(1) The respective Deputy Inspector-General’s or their Deputy shall be the Chairman of the officers' Mess, Nairobi.

(2)

In other messes, the most senior officer within whose command the mess is situated, not being below the rank of an acting superintendent, shall be the mess chairman.

(3)

The Inspector-General shall be the patron of all National Police Messes.

MANAGEMENT

7.

(1) The management of each mess shall be conducted by a committee appointed to office at each Annual General Mess meeting–

(a)

chairman of the Mess Committee;

(b)

an Honorary Secretary;

(c)

an Honorary Treasurer;

(d)

not less than two other members one of whom shall be the Bar Member and one the Catering Member; and

(e)

the directors at the Deputy Inspector General’s Office shall be the ex officio member of the colleges Officer's Mess Committee.

(2)

The Committee shall be jointly and severally responsible for the management of the mess, and shall have power to authorize all expenditure.

(3)

No property shall be bought for the mess shall existing mess property be written off without the approval of the Mess Committee.

(4)

Write off items of Mess property shall, where possible, be auctioned and the proceeds paid into the Mess funds.

CHAIRPERSON OF THE MESS COMMITTEE

8.

The Chairperson of the Mess Committee shall exercise general supervision over the mess and shall perform the following duties, he or she shall–

(a)

certify as accurate the monthly accounts and shall countersign the balance sheet before submitting to the Inspector General and County or Formation Commanders as the case may be;

(b)

check the Bar stocks from the stock lists as presented to him or her by the Bar member;

(c)

check the certified catering invoices against statements;

(d)

be responsible for the property of the mess and for keeping a Mess Property Ledger; and

(e)

keep an inventory of any Government furniture in the mess.

SECRETARY

9.

The Mess Secretary shall perform the following duties, he or she shall–

(a)

be responsible for all mess correspondence and records, except the books of financial account and trading accounts, for which the Treasurer is held specifically responsible;

(b)

keep the minutes of all General and Committee meetings;

(c)

check jointly with the Chairman of the Mess Committee once a month, the accounts kept by the Treasurer, and the Bar and provision stocks;

Provided that, where a paid full-time Mess Secretary or Supervisor is employed with the authority of the Inspector General the Mess records shall be maintained by the Secretary or Supervisor, who shall be supervised by the Mess Secretary.

TREASURER

10.

(1) The Mess Treasurer shall perform the following duties, he or she shall–

(a)

maintain the accounts of the mess, other than those for which a Contractor is responsible, including the following records–

(i) ledgers for personal and Traders' Accounts;
(ii) cash book;
(iii) petty cash book;
(iv) invoice book;
(v) order books; and
(vi) receipt books.
(b)

collect daily all mess revenue, whether from the Bar or any other source, and shall check that the receipt, sales and stocks on hand have been recorded correctly, and that the cash handed over represents the value of the stock sold. He or she shall sign in the stock books against the total value of the daily sales as acknowledgment;

(c)

ensure that all mess revenue is paid into the Mess bank account daily where possible, so that cash in hand is at a minimum;

(d)

maintain all his or her accounting records up to date;

(e)

prepare and dispatch to mess members before the 7th of each month, mess bills for the previous month's accounts and subscriptions, and shall receive payments in settlement of accounts from mess members;

(f)

report to the Chairman of the Mess Committee the failure of any officer to settle his or her mess account on or before the 15th of the month succeeding that to which it relates;

(g)

take action at the end of each month to close his or her accounts, recording all amounts due to or from the mess;

(h)

prepare quarterly accounts for examination by the Audit Board;

(i)

pay servants employed by mess; Provided that, where a paid full-time mess Secretary or Supervisor is employed with the authority of the Inspector General, he or she shall be responsible for the maintenance of paragraph (a), (b), (d), (e), (f) and (g) and shall be supervised by the mess Treasurer, who shall examine the books of accounts not less frequently than once each week and ensure that they are up to date.

(2)

An Income and Expenditure Account shall be prepared and submitted by the treasurer with the books, and supporting vouchers properly filed in chronological order, to the monthly mess meeting.

BAR

11.

(1) A Bar Member appointed in pursuance of paragraph 7(d) shall be responsible for–

(a)

maintaining an accurate record of all Bar stocks received and sold and for accountable containers received and returned and such records shall be kept in a Bar Stock book;

(b)

handing cash on account of cash sales to the Mess Treasurer daily; and

(c)

ensuring that cheques are not cashed at the Bar.

(2)

The catering member appointed in pursuance of paragraph 7(d) shall be responsible for authorizing the purchase of all provisions and the certifying of invoices related thereto.

(3)

In small messes the duties of Catering and Bar member may be assigned to one member of the Mess Committee.

(4)

The Bar and Catering records shall be maintained in accordance with instructions which shall be issued from Force Headquarters from time to time:

Provided that where a paid full-time Mess Secretary or Supervisor is employed with the authority of the Inspector General, he or she shall be responsible for the maintenance of the Bar Stock Book, the daily checking of Bar Stocks and the handing of cash to the Mess Treasurer.

(5)

The Bar Member shall supervise the work of the Secretary or Supervisor and satisfy himself daily that all books of accounts and stock in connection with the Bar are kept up-to-date.

BY-LAWS

12.

(1) The Mess Committee shall have power to make, alter and rescind such by-laws as they deem necessary, expedient or convenient for the proper conduct, management and welfare of the Mess, and shall make regulations in respect of the following matters–

(a)

functions of the Mess Committee not set out in these rules;

(b)

rates of messing accommodation and subscriptions;

(c)

credit and its limitation;

(d)

honorary and temporary members' admission to the mess;

(e)

prices to be paid and the manner of payment for anything sold to Mess members;

(f)

dress to be worn in the Mess;

(g)

mess night arrangements;

(h)

procedure of suggestions and complaints;

(i)

bar and messing hours;

(j)

terms and conditions of residential membership;

(k)

the ordering of mess supplies;

(l)

collection of debts;

(m)

domestic animals and pets;

(n)

the formation and powers of sub-committee

(o)

co-opting members to assist the Committee;

(p)

for replacing Committee members who, through the exigencies of the Service, or for any other reason, are unable to continue in office;

(q)

mess discipline;

(r)

terms and conditions of Annual and Extraordinary General Meeting;

(s)

other mess records which are to be kept; the manner in which by whom they are to be maintained; and

(t)

any other domestic matters concerning the good management of the mess not covered by these Rules.

(2)

A general meeting of mess members shall have the same power to make, alter or rescind regulations as the Mess Committee.

(3)

No new or altered or rescinded regulations shall become effective unless it has first been approved at the Annual General or Extraordinary meetings.

MEETINGS

13.

(1) A meeting of the mess Committee shall be held at least once during the course of each calendar month.

(2)

An Annual General meeting shall be held on or before the 15th February, each year, when the outgoing Mess Committee shall submit the audited Mess Accounts for the previous year ending 31st December, and shall make a report on that year's mess business and progress.

(3)

The Chairman or an Officer delegated by him or her shall take the chair at the Annual General meeting or Extraordinary General Meeting.

(4)

A copy of the minutes of each General Meeting or Mess Committee Meeting shall be handed to the Mess respective Chairman, and to the respective Unit, County or Formation Commander as applicable, where he or she is not the Mess Chairman.

(5)

The whole of the mess property other than that supplied by Government shall be insured against loss by fire or theft, the premiums being made a charge against mess funds.

(6)

All mess bills in respect of Messing and Bar account shall be prepared and dispatched by the 7th of the month next succeeding that to which they relate, and shall be paid by the 15th of the month.

(7)

The Chairman of the Mess committee of all messes other than the Officer'Mess, Nairobi, shall report in writing to the Mess respective Chairman any failure on the part of a member to settle a bill by this date and the mess Chairman shall call for an explanation, and may direct appropriate action against the defaulter.

(8)

Credit shall be stopped to any member who owes money to the mess after the 15th. of the month succeeding that to which the account relates.

MONTHLY ACCOUNTS

14.(1)

The Monthly Income and Expenditure Account prepared by the Treasurer shall be examined and tested against the books of account and supporting vouchers by the Mess Committee at its first meeting each month, and on or before the 15th of the month, a copy signed by members of the Mess Committee present at the examination shall be handed to the Mess Chairman and to the County or Formation Commander as the case may be, where he or she is not the mess chairman.

(2)

Mess Chairman shall-

(a)

be personally responsible for ensuring the financial stability of their respective messes;

(b)

carry out inspections of their messes monthly;

(c)

make a full formal inspection once every six months.

INSOLVENCY

15.

(1) If for any reason a mess should become insolvent, the mess Chairman shall make an immediate report on its financial state to the Inspector, Deputy Inspector General or the County or Formation Commander, as the case may be, who shall convene a Court of Inquiry in the terms of Courts and Committees of Inquiry Order of Service Standing Orders, to determine responsibility.

(2)

The County or formation Commander upon receipt of such an advice, shall direct the Mess Committee on the action it is to take to guide the mess back to solvency.

(3)

Where the County or Formation Commander is himself or herself the Chairperson, he or she shall make a report, over his or her own signature, to the Inspector General.

AUDIT BOARDS

16.

(1) The Mess Committee and Welfare Field Commander shall appoint, quarterly for each Mess for which they are responsible, an Audit Board consisting of a Chairman, who shall not be below the rank of Superintendent, and two officers or inspectors, as applicable, not being members of the mess committee, to inspect the mess accounts, and to examine and reconcile the bank accounts, Post Bank Saving Accounts, books and vouchers with the Quarterly Income and Expenditure Account and Balance Sheet submitted by the Mess Treasurer.

(2)

Audit Boards shall complete their inspection of financial records between the 20th and 25th January, April, July, and October of each year, and shall report in writing to the convening Officers, on or before the 26th of the month, the state of accounts of the messes they have examined and they shall include in their report any recommendations they may wish to make for the improvement of mess accounting.

(3)

Following an Audit Board inspection, Quarterly Income and Expenditure Accounts and Balance Sheets shall be submitted in the prescribed form to the respective Deputy Inspector-General by the Chairman of the Officers' Mess Committee, and the County Unit or Formation Commander for the messes within their commands, to reach service Headquarters on or before the last day of January, April and October each year.

(4)

The Chairman of the Officers' Mess, Nairobi, the unit, County or Formation Commander shall direct the preparation of the Annual Balance Sheet and Profit and Loss Account for each Mess for which they are responsible and they may appoint competent officers within their commands for this purpose, or may direct the employment of a qualified auditor or accountant to prepare the accounts for presentation at the Annual General Mess Meeting.

INSPECTIONS

17.

(1) During the course of their annual inspection, County and Sub-County Commanders shall inspect all messes within their respective commands, and shall satisfy them on the occasion of each such inspection that the mess books of accounts are being properly maintained and are up-to-date.

(2)

The training institutions shall take similar action in respect of each Mess under them.

CHANGES OF OFFICERS

18.

(1) Upon handing over their command, respective Commanders, shall include in their handing over notes a comprehensive statement of the financial state of each mess within the command.

(2)

Before handing over an appointed duty, each member of the Mess Committee shall hand over to his or her successor in the presence of the Chairman of the Mess Committee all mess books, records, inventories and balance of cash for which he or she is responsible and a certificate that this has been done shall be signed by the handing over or taking over officers and the chairman of the Mess Committee, who shall submit the Certificate to the Mess chairman.

LOCATION

1.

The leave centres are situated at Malindi and Diani, respectively.

ADMINISTRATION

2.

The centres are managed by the National Executive Committee of the International Police Association (Kenya) Section. The office of the Association is located at Police Headquarters.

LEGIBILITY

3.

The centres are open to serving and retired police officers who are registered members of the Association. Visiting International Police Association (IPA) members shall prove membership of the Association in their country/Immediate family members of an IPA(K) section member are also eligible when accompanied by a member.

BOOKING

4.

(1) The centres shall be booked through the IPA (K) Section Secretariat at Police Headquarters through, P. O. BOX 30083, Telephone 340505, Email ipakenya@bidii.com.

(2)

The Secretariat shall keep a record of booking and inform the Sub-County Commander Malindi who shall be a co-opted member of the National Executive Committee.

CANCELLATION OF BOOKING

5.

(1) Booking shall be made three weeks in advance and on confirmation of the booking 50% deposit of the total charges shall be sent to the National Treasurer.

(2)

The deposit shall be forfeited if booking is cancelled for any reason unless the National executive is satisfied that the circumstances were beyond the control of the person concerned.

CHARGES

6.

Charges shall be at the rates that shall be determined by the National Executive Committee from time to time.

7.

The treasurers pay monthly electricity, water and conservancy charges and the caretakers’ wages.

8.

Occupants shall settle their accounts before leaving the Centre; cheques shall be made payable to International Police Association (Kenya) Section and crossed.

INVENTORIES

9.

CARETAKER

(1)

The secretary shall maintain an up-to-date inventory of all Equipment and a copy of the Inventory shall be posted at the Leave Centre.

(2)

Tenants shall check the Inventory with the Secretary on occupying the Centre and before leaving it and both officers shall sign the Inventory as correct or otherwise.

(2)

Breakages and damage shall be reported at once to the Secretary by the tenant concerned and payment made at rates laid down by the Committee.

10.

There shall be a resident caretaker who shall be responsible to the Committee for the Centre.

GENERAL

11.

(1) The International Police Association (Kenya) IPA(K) Leave Centre shall offer cheap holiday accommodation.

(2)

Tenants shall ensure that buildings and property are treated with due care during their period of occupation at the Centre.

1.

The Welfare Vote, which is controlled by the respective Deputy Inspector-General, is allocated, on a per capita basis of subordinate officers to the County, Unit or Formations, who in turn sub allocated to the sub-counties.

2.

Expenditure from this vote is primarily to provide items used or required for comfort and entertainment of junior officers on a communal basis, and the following which fulfil these conditions are a correct charge against the vote –

(a)

to provide amenities in the canteen and recreation rooms used by subordinate officers such as furniture or other such items useful to all;

(b)

to provide welfare amenities for the wives and children of subordinate officers;

(c)

purchase of entertainment facilities and equipments for general welfare purposes;

(d)

funerals, including wreaths, for officers who are killed in the execution of their duties-Sickness, Death and Injury of Police Officers Orders of these Service Standing Orders;

(e)

the upkeep of and improvement to, the graves of deceased police officers- Sickness, Death and Injury of Police Officers Orders of these Service Standing Orders; and

(f)

any other item which the Inspector General may consider necessary for the welfare of the members of the respective Services.

3.

All items listed in paragraphs 2 (a), (b) and (c) shall be taken on ledger charge.

4.

Expenditure on the following items is not considered to be legitimate charge against the Welfare Vote–

(a)

the purchase of radio or television licence or the cost of batteries or any necessary repairs, should be paid from the canteen funds,

(b)

the payment of entry fees for the services Rifle meeting. Service Rifle and Sports meetings are recognized training exercises; therefore the entry fee should be paid from normal Incidental Expenses vote. The cost of those attending the Service Rifle or Sports meeting should be met from the travelling and subsistence expenses Vote of the Formation,

(c)

the purchase of periodicals, food for partying, darts or playing cards for the canteen and small items of sports equipment are not a proper charge against the vote, the cost of such items should be met from the canteen welfare fund.

5.

Items of sports kit and equipment should be purchased from the local sports fund as such items are used by but few of those officers for whom the vote is intended. If these funds fall short of the requirement of any sub-county or formation application should be made at the appropriate time, to the National Police Service Sports Council for a grant from the Sports Fund, in accordance with its Constitution and By-Laws.

6.

County, Unit, Formation or sub-county Commanders shall meet all expenditure, authorized vide paragraph 2, from their respective allocations and they shall ensure that there is no over expenditure.

(These rules do not apply to the Service Training Institutions or Stores purchased from Public Funds including welfare vote allocated by the Deputy Inspectors General)

CANTEEN WELFARE

1.

(1) All the stores bought out of the Canteen Welfare Funds shall be properly accounted for.

(2)

The purchasing of any new store shall receive approval from respective canteen welfare committee.

ACCOUNTING FOR STORES

2.

Accounting of Stores bought out of the Canteen Funds shall be the responsibility of the Sub-County committee who shall maintain proper records for them in the same way as for Government Stores.

SEPARATE RECORDS

3.

(1) Separate records shall be maintained for stores bought out of this Fund and under no circumstances shall they be mixed with the stores bought from Government Vote which include "Welfare Vote".

(2)

Stores purchased from this fund shall be treated separately and where possible marked distinctively.

INVOICES

4.

(1) A file shall be maintained where invoices in respect of such stores shall be filed in numerical order.

(2)

The invoices shall be cross referenced with the ledger.

LEDGER

5.

(1) A ledger clearly marked "Canteen Welfare Stores" shall be maintained at the Sub-County Police Headquarters, and duplicate inventory book shall be held at each Police Station, unit bases, post or out-posts clearly marked "Canteen Welfare Stores".

(2)

The original shall remain in the Sub-County headquarters.

ISSUES

6.

(1) All purchases and subsequent issues to stations or units shall be on personal authority of the Commander in charge.

(2)

A separate file shall be maintained for all issue vouchers which shall be numerically numbered.

(3)

The vouchers shall be cross referenced with the ledger and the inventory books.

(4)

Demands for welfare items shall be submitted and considered by Sub-County Commanders in the light of the availability of funds.

RECEIPT

7.

(1) The Commander shall immediately record the receipt in the inventory book.

(2)

The entries in the inventory book shall correspond with the Sub-County Inventory Book.

INSPECTION STORES

8.

(1) Frequent checks shall be made of the Canteen Welfare Stores by County or Sub-County Commanders or officers to ensure that stores and records are properly and correctly maintained.

(2)

The divisional inventory book shall be used to carry out such checks.

(3)

During the stores verifier's inspections, Canteen Welfare Stores shall be laid out separately from the Government stores.

(4)

The Stores Verifier may at his discretion check the Canteen Welfare Stores.

BOARDING OF THE CANTEEN WELFARE STORES

9.

(1) Where it is necessary due to fair wear and tear to board any of the Canteen Welfare Stores, the Sub-County Commander shall arrange for a Board of Survey consisting of three officers.

(2)

The Chairman shall be an officer of or above the rank of Inspector.

(3)

The normal board of survey procedure shall be followed and the proceedings shall be submitted to the County, unit or Formation Commander through the Sub-County Commander for a write off.

(4)

The County or Formation Commander, if satisfied with the recommendation, shall write off the stores with no further reference to Police Headquarters.

(5)

The normal procedure of adjusting the books shall be followed.

LOSS OF CANTEEN WELFARE STORE

10.

(1) Losses of the Canteen Welfare Stores shall be carefully investigated and if the results of the investigations do not reveal negligence or fraud on part of any person, the County or Formation Commander may write off the store.

(2)

The normal procedure of adjusting the books shall be followed, provides that stores purchased from Public funds, shall be dealt with as per "Q" instructions.

PURCHASING OF STORES

11.

(1) All stores which are to be paid for from the County or Sub-County Canteen Funds shall be ordered in the name of the appropriate funds and NOT in the name of particular Formation.

(2)

All correspondence concerning these funds shall be enacted on plain paper.

(3)

Use of Government headed note paper is NOT permitted.

(4)

An officer signing any letter connected with the canteen fund shall do so in his or her capacity as chairman or treasurer of the Committee or Fund and not over his or her official rank or title.

12.

(1) The officers responsible for the administration of Canteen Funds shall be prudent and ensure that Government is not placed in a position where it may have to recognize a moral liability, necessitating an ex-gratia payment where no legal liability exists.

(2)

The canteen funds are NOT considered to be public funds under section G.30 (1) of the Code of Regulations.

1.

(1) Kenya police college: There are three residential messes at the Training Institutions –

(i) "A" Mess: Gazetted Officers and Chief Inspectors;
(ii) "B" Mess: members of inspectorate and SOIP. Courses; and
(iii) "C" Mess: Junior Officers;
(2)

Administration Police Service: there are three messes at the Administration Police Service-

(i) "A" Mess: Officers (residential);
(ii) "B" Mess: Non-Commissioned Officers; and
(iii) "B" mess: constables.
2.

(1) From time to time gifts and donations are made to the various messes by the student body, and on occasions it is necessary to replace stores and other items from Mess Funds, they shall be dealt with in the following manner –

(a)

PERMANENT STORES

(i) items of permanent stores which are bought from Mess Funds shall be taken on ledger charge as Government Stores and issued to the Mess concerned on inventory charge and signed for in the normal manner by the Mess Caterer or Cateress responsible for that particular Mess;
(ii) items of Mess Stores bought from Mess Funds that are categorized as Permanent Stores that become unserviceable shall be dealt with as follows –
(a)

Unserviceable, but to be replaced from Mess Funds. Such stores shall be listed on S.O. 58 (in quadruplicate) and the list shall be forwarded to the respective commander, who shall appoint a Board of Survey. On completion of the Board of Survey the Commander, shall authorize the disposal and immediate replacement from Mess Fund of the items boarded.

Any funds realized from the sale of unserviceable Mess property shall be paid into the Mess Account and shall be utilized for the purchase of replacement items.

Copies of the S.O. 58 shall be distributed as follows –

(i)

Original

Mess Record

(ii)

Duplicate

Supplies Officer, KPC

(iii)

Triplicate

College File

(iv)

Quadruplicate

F.Q.M for record purposes

(v)

Respective

S.Q.M

(b)

Unserviceable but not to be replaced stores shall be listed on S.O. 58 (in quadruplicate), separately from the items mentioned at (a) above. The respective Commandant shall appoint a Board of Survey. The proceedings of the Board of Survey shall be sent to the respective Deputy Inspector-General for authority to dispose or write-off the items boarded.

(iii) Stores purchased with Government Funds; shall be returned to the Sub-Depot for Boarding or Replacement in the normal manner.
(b)

EXPENDABLE STORES

Mess Crockery, Glassware, Cutlery, etc, bought from Mess Funds to be replaced. Each month Mess Caterer or Cateress shall list monthly on S.O. 58 items that have been broken or become unserviceable. The respective commanders shall appoint a Board of Survey to examine the items. On completion of the Board of Survey the items boarded shall be replaced immediately from Mess Funds on the respective Commandant's authorization.

The S.O. 58 shall be distributed as follows –

(i)

Original

Mess record.

(ii)

Duplicate

Supplies Officer,

(iii)

Triplicate

College File.

(iv)

Quadruplicate

Respective S.Q.M. for record purposes.

Mess Crockery, Glassware, Cutlery, etc, bought from Mess Funds not to be replaced. Such items shall be listed monthly on a separate S.O. 58 by the Mess Caterer/Cateress. The respective mess committe shall appoint a Board of Survey. On completion of the Board the respective commander. shall ratify the Board's proceedings and the items shall be written off charge and disposed off in accordance with the Board's recommendation or as directed by the respective Commandant.

Stores purchased with Government Funds. The normal stores procedure shall be carried out.

(c)

CONSUMABLE STORES

All consumable stores purchased for the Messes with Mess Funds shall be recorded in the consumable stores ledger and issued to the Mess Caterer or Cateress against clear signature.

3.

All stores awaiting Board of Survey Proceedings whether of a permanent or expendable category shall be returned to the Q.M. Stores at the training institutions shall remain in the custody of the Supplies Officer until the Board of Survey proceedings have been finalized, and such items shall not be permitted to accumulate in Messes but shall be the subject of regular monthly surveys.

4.

(1) The Supplies Officer, training institutions, shall be responsible to ensure that the necessary ledger or Inventory entries are made as Stores are purchased, replaced or written off.

(2)

Where Stores are purchased, the invoices shall be handed over to the Supplies Officer at the training institution, for ledger action before payment is made.

5.

Donations to Messes by Student Bodies All items donated to the various Messes shall be recorded separately in the particular Mess in a hard covered ruled register, setting out the following information –

(a)

date donated;

(b)

donated by;

(c)

description of the article;

(d)

value; and

(e)

licence or permit number, if necessary.

6.

(1) An item of Mess property or equipment may not be loaned to anyone without the express permission of the respective Commanding officer training institutions and the mess welfare committee.

(2)

The Mess Caterer or Cateress shall be responsible for the safe custody of all items in their messes.

1.

The Association of Retired National Police Officers is a non-political, non-religious association, whose members are police officers of good character, who retired from the police service honourably.

2.

The Association is established in accordance with, and their proceedings shall be regulated by, the constitution of the Association, the association shall be registered under the Societies Act, Cap 108 Laws of Kenya.

3.

The objects of the Association are—

(a)

to organize and link up the retired police officers with the members of the serving National Police Service to foster the spirit de corps for common goal of amelioration of their mutual interest;

(b)

to provide support to the National Police Service, and for the members to hold themselves in readiness to be called out for duty at such times as the Inspector-General considers fit;

(c)

to promote the spirit of self-help and independence, and to encourage members to use their energy, talents, skills, knowledge and wide experience to benefit each other and the community at large;

(d)

to deal with matters pertaining to their welfare, service conditions, retirement benefits, and prospects of retired officers.

4.

Membership to the Association shall be open to all retired police officers and a member shall not be discriminated directly or indirectly against on any ground, including, former rank, race, sex, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

5.

Membership shall however be closed to officers who have been dismissed from the service for disciplinary or criminal offence.

6.

The members shall apply for enrolment into the Association and his application shall be scrutinized to ensure that since obtaining the discharge, he has been of good character.

7.

Where the applicant is admitted to the Association membership, he will be issued with a membership card which bears the number allotted to him, his national ID number, his Photograph, Association’s logo and signature of the chairperson.

8.

Each member shall be issued with the Association’s badge upon payment.

9.

The management of the Association shall be vested in Board of Directors which shall consist of the following-

(a)

the chairperson;

(b)

the vice chairperson;

(c)

the secretary;

(d)

the treasurer; and

(e)

four elected members.

10.

The Inspector General of the National Police Service shall be the Patron of the Association.

7.

There shall be a Board of Trustees which shall comprise of all former police commissioners and Inspector Generals.

CHAPTER 67 – SEXUAL VIOLENCE AND HARASSMENT
1.

Scope

Matters relating to sexual violence and harassment concerning any member of the Service shall be dealt with in accordance with these Standing Orders, including accompanying regulations and operational manuals and—

(a)

the National Police Service Act (Cap. 84);

(b)

the National Police Service Commission Act (Cap. 85);

(c)

the Sexual Offences Act (Cap. 63A);

(d)

the Public Officer Ethics Act (Cap.185B);

(e)

the Leadership and Integrity Act (Cap. 185C); and

(f)

any other relevant law.

2.

Sexual violence and harassment

(1)

A member of the Service commits sexual offence if he or she–

(a)

is found guilty of a sexual offence under the Sexual Offences Act (Cap. 63A); or

(b)

while on duty he or she—

(i) persistently makes any sexual advances or requests which he knows, or has reasonable grounds to know, are unwelcome;
(ii) makes a request or exerts pressure for sexual activity or favors;
(iii) makes intentional or careless physical contact that is sexual in nature; or makes gestures, noises, jokes or comments, or innuendoes regarding another person’s sexuality;
(iv) sends sexually explicit emails or text messages;
(v) makes inappropriate advances on social networking sites; or
(vi) stalks or makes obscene communications.
(2)

A member of the Service convicted of an offence under this Order may, in addition to any other penalty be dismissed from the Service.

3.

Proof of sexual violence or harassment

Where a police officer or a member of the Service is charged with a sexual offence, it shall be necessary to prove –

(a)

the submission or rejection by the person to whom advances or requests are made is intended to be used as basis of employment or of a decision relevant to the career of the alleged victim or of a service due to a member of the public if the accused is a public officer; or

(b)

such advances or requests have the effect of interfering with the alleged victim’s work or educational performance or creating an offensive working or learning environment for the alleged victim or denial of a service due to the member of the public from a public office.

4.

Sexual offences relating to position of authority and persons in position of trust

(1)

A police officer or member of the Service who, being in a position of authority, within any police premises or working environment—

(a)

takes advantage of their position and induces or seduces those in their charge to engage in sexual intercourse not amounting to the offence of rape or defilement;

(b)

takes advantage of their official position and induces or seduces a person undergoing training to have sexual intercourse with them, such sexual intercourse not amounting to the offence of rape or defilement;

(c)

being in a position of trust takes advantage of their position and induces or seduces a person in their care to have sexual intercourse

(d)

takes advantage of their position and has sexual intercourse with a person in a facility under which that member in charge; or

(e)

has sexual intercourse with a person in custody,commits an offence.

5.

Sexual violations involving children

(1)

Upon receipt of a complaint for a sexual offence involving a child victim, the receiving police officer shall record the complaint promptly and accurately.

(2)

The investigation of the case shall be referred to an officer not below the rank of Inspector, preferably a properly trained officer, sensitized by imparting appropriate training to deal with child victims of sexual crime.

(3)

The investigating officer shall ensure that the child victim—

(a)

receives medical treatment and examination at the earliest time possible;

(b)

is properly protected, and in particular ensure that the accused person does not gain access or contact with the victim;

(c)

is not kept overnight in a police premise; and

(d)

is made comfortable before proceeding to record the statement and that the statement carries accurate narration of the incident covering all relevant aspects of the case.

(4)

The statement of the victim shall be recorded—

(a)

verbatim and without delay;

(b)

by an officer who shall not be in uniform;

(c)

at a safe and comfortable environment; and

(d)

in the presence of a parent of the child or other person in whom the child reposes trust and confidence.

(5)

The investigating officer shall ensure that the investigating team visits the site of the crime at the earliest time to secure and collect all relevant evidence available.

(6)

The investigating officer shall promptly refer for forensic examination clothing and articles necessary to be examined, to the forensic laboratory which shall deal with such cases on priority basis and make its report available at an early date.

(7)

The investigating officer shall ensure that the identity of the child victim is protected from publicity.

6.

Procedure for reporting sexual violence and harassment

(1)

The procedure for reporting offences related to discipline shall with necessary modifications apply to reporting of sexual violence and harassment.

(2)

The victim of sexual violence and harassment shall also make a police report stating the dates, places and other particulars of the alleged cases sexual violence and harassment.

(3)

Notwithstanding the provisions of paragraph (1), a commander to whom any case of sexual violence and harassment is reported may attempt to reconcile the parties through mediation if the both parties are so willing.

(4)

Nothing in this Order prevents—

(a)

a commander from recommending the matter for further investigations by the Internal Affairs Unit; or

(b)

a victim of sexual violence and harassment from pursuing any other remedy provided under the law.

(5)

A commander who receives a report of an incident of sexual violence or harassment shall respond as quickly as the circumstances of the case may require.

7.

Victim protection, support and confidentiality

In investigating a case involving sexual violence or sexual harassment necessary measures shall be put in place for—

(a)

the protection and support of the victim; and

(b)

confidentiality of the parties involved shall be observed.

8.

Sexual violence and harassment

The Service shall put in place measures to ensure that—

(a)

police officers trained in dealing with sexual violation are available at the station, post, units and outposts;

(b)

the duty officer shall upon receipt of a sexual violation complaint call a trained police officer present at the station;

(c)

victims and their immediate family members are protected and made comfortable while at the police stations;

(d)

professional counselors to counsel the victims of sexual assault are available;

(e)

clothes of an accused if arrested and those of the victim’s shall be secured by the investigating officer and sent for forensic analysis; and

(f)

immediately after registration of the case, the investigating team shall visit the scene of crime to secure and collect all relevant evidence available.

9.

Training and sensitization of officers on sexual violations

(1)

The Service shall organize regular training sessions for police officers for purposes of training and sensitization in matters relating to sexual offences.

(2)

The training session referred under paragraph (1) shall take into account the special interest of women, men and children.

(3)

The Service shall also sensitize the communities on the need for cooperation in prevention of sexual violations.

CHAPTER 68 – SICKNESS, INJURY OR DEATH OF A POLICE OFFICER
1.

Procedure in case of sickness

Where a Police officer is off duty on account of illness for more than forty eight hours, the following procedure shall be adopted—

(a)

the Officer shall obtain and provide to his or her commanding officer a medical certificate signed by a suitably qualified medical practitioner;

(b)

early notification, showing the nature of the illness, shall be made to respective Service Headquarters on casualty returns and the officer’s recovery shall also be notified on casualty returns and the Medical Certificate may be attached;

(c)

the medical history sheet shall be produced to a medical officer when reporting sick or being medically examined; and

(d)

the Code of Regulations in respect of medical history sheets and the instructions printed on the Medical Certificate shall apply.

2.

Serious injury

In case of a serious injury—

(a)

where a Police Officer is suffering from an injury or illness which is sufficiently serious as to lead to the belief that the officer might die, an immediate report, in addition to the normal report on casualty returns, shall be made to respective Service Headquarters through the County or Formation Commander stating—

(i) number, rank and full name;
(ii) details of injury or illness and how injury was sustained;
(iii) name and address of next-of-kin, if known; and
(iv) the report shall be followed by a detailed written report as soon as is practicable;
(b)

where the officer is of the rank of senior sergeants and below, the County or Formation Commander is responsible for ensuring that the next-of-kin is informed of the injury or illness without delay; and

(c)

where the officer is above the rank of Inspector and above, the county or formation commander shall inform the respective service headquarters and as a result, the respective service headquarter shall inform the next of kin without delay.

3.

Venereal disease, HIV/AIDS

(1)

In accordance with the Eight Schedule of the National Police Service Act (Cap. 84)), it is an offence to knowingly and willingly transmit any venereal disease or HIV/AIDS.

(2)

A Police officer who—

(a)

by misconduct or willful disobedience to orders causes or aggravates any disease or infirmity or delays its cure; or

(b)

malingers or feigns any disease or infirmity, commits an offence and may be liable to disciplinary action.

4.

Accident to police officers

(1)

In cases of accidents to personnel including members of the Reserve and Special Police in execution of their duty, information as required in the form set out in appendix 68 shall be submitted to Service Headquarters in quadruplicate as soon as is practicable.

(2)

In cases where an officer including members of the Reserve and Special Police die in execution of their duty, information as required in the form set out in appendix 68 shall be submitted to Service Headquarters in quadruplicate as soon as is practicable.

(3)

An inquest shall be undertaken on the circumstances leading to the death of an officer, including Reserve and Special Police in the execution of their duty and the findings of such inquest forwarded to Service Headquarters as soon as practicable.

5.

Notification of death of police officer

(1)

On the death of any Police Officer from any cause—

(a)

an immediate report shall be made by the fastest means possible to the County or Formation Commander and then to the respective Service Headquarters stating—

(i) number, rank and full names of deceased;
(ii) hour, date and place of death;
(iii) circumstances of death; and
(iv) name and address of next-of-kin, if known, and the religion of the deceased;
(b)

the report referred to in sub paragraph (a) shall be followed by a detailed written report as soon as practicable;

(c)

the Sub-County Command concerned shall as soon as possible inform the Local Registrar of Births and Deaths of the Sub-County in which the death occurred.

6.

Notification of death of a police officer

(1)

Where the death of a retired Police Officer is reported to a serving Police Officer, the serving officer shall report the matter to the nearest Police Station or Post giving full details of the deceased and circumstances of death.

(2)

The Officer-in-Charge of the Police Station or Post where the report of the death referred to in sub paragraph (1) is made shall communicate the death to respective Police Headquarters, through the authorized police channels giving the following particulars of the deceased—

(a)

the officer’s full names;

(b)

service Number;

(c)

rank at the time of retirement and date of retirement;

(d)

date, time, place and brief circumstances of death;

(e)

name of the next of kin at the time of death; and

(f)

date, time and place of burial.

(3)

On receipt of the death report, the respective Service Headquarters shall prepare a letter of condolence addressed to the next of kin of the retired officer for the signature of the respective Deputy Inspectors-General.

(4)

The letter of condolence shall be read at the funeral of the deceased retired police officer by a police officer representing the entire Service officially at the funeral and thereafter handed over to the next of kin.

(5)

The police officer referred to in sub paragraph (4) shall as far as is practicable, be—

(a)

of the same rank as that of the deceased retired officer and shall be from the local police Formation or County nearest to the place of burial; or

(b)

such other officer as may be directed by the respective Deputy Inspector-General.

7.

Funeral of police officers

(1)

The Sub-County Commander, after ensuring that the Births and Deaths Registration Act (Cap. 149) and section 385 of the Criminal Procedure Code (Cap. 75) have been complied with, shall arrange for the funeral of deceased Police Officer.

(2)

Where the exigencies of the Service permit—

(a)

the relatives of the deceased officer shall be assisted in the transportation of the deceased for burial at their home; and

(b)

the Ceremonial dress as laid down in Part IV of this Order may be provided by the local Sub-County Commanders.

(3)

Where a Police Officer dies in the course of duty, the funeral expenses shall be paid from the Welfare Vote while the coffin, graveyard fees and a crested and engraved headstone and the headstone may be ordered through the Service Quartermaster.

8.

Post humous confirmation

(1)

If a police officer who is still on probation dies in the course of duty, such officer shall be confirmed in his or her appointment posthumously; or

(2)

If a police officer dies otherwise than in the course of duty, the funeral expenses shall be charged against the estate.

9.

Memorials

(1)

The County or Formation Commanders shall be responsible for supervising the maintenance of the grave of a Police Officer who dies in the service and is buried in a recognized cemetery.

(2)

The following procedure shall be followed in maintaining the grave of a deceased officer—

(a)

an entry shall be made in the General Information Register indicating the cemetery in which the grave is located, the number of the grave and the name of the deceased Police Officer, and the details may be entered and updated as appropriate and in urban areas, a register for this purpose may be maintained at County or Formation Headquarters;

(b)

where facilities are available for graves to be tended by the county government on payment of fees, the Sub-County Commander in whose area the cemetery is situated shall arrange with the county government for the upkeep of such graves and the cost shall be met from the Welfare Vote allocated to the Counties or Formation;

(c)

where no facilities exist as in sub paragraph (b), the County Commander shall arrange for the Officer-in-Charge of a Police Station in whose area the cemetery is situated to ensure that—

(i) a new grave is identified by a temporary marker until a proper headstone, as laid down in paragraph 6(3), is erected;
(ii) the graves are looked after by station personnel on fatigues; and
(iii) graves are visited at least once each month to ensure that everything is being done to provide a tidy and pleasing picture.
(d)

memorials, in the form of headstones, shall be ordered for those eligible as laid down in paragraph 6 (3), through the Service Quartermaster and the headstones shall bear the Police Crest, the number, rank, name and date of death of the deceased, an engraved cross and four lines of inscription up to a maximum of a hundred letters.

(3)

When ordering headstones the particulars referred to in paragraph 2 (d) shall be given, the wishes of the next-of-kin where possible obtained as to the inscription required and the number of the grave and the cemetery shall be recorded in the personal file of the deceased officer.

10.

Roll of honour

(1)

The respective Service Roll of Honor shall be located at Service Headquarters and inscribed with the names of Police Officers who are "killed in the Brave Execution of their duty".

(2)

The Inspector-General shall decide whether or not any deceased Police Officer’s name shall be included on the Roll of Honor.

11.

Letter of condolence

(1)

Where a Police Officer dies, the County or Formation Commander whom the officer was serving at the time of their death shall send a letter of condolence to the next of kin as soon as possible with a copy to respective Service Headquarters.

(2)

Where the deceased’s next-of-kin is outside Kenya at the time of the officer’s death, a brief description of the service and particulars of important persons attending or sending floral tributes may be included in the letter.

12.

Personal effects for deceased police officers

(1)

The Subcounty Commander shall ensure that the personal effects of a deceased police officer is handled in the following manner−

(a)

in the case of a police officer residing with their family, arrangements shall be made for the early collection by the officer-in-charge of the Police Station concerned of all articles of Service equipment on personal charge and an inventory may be prepared and certified by the collecting officer; or

(b)

in the case of a police officer residing as a single person, arrangements shall be made for the deceased’s personal effects to be collected immediately, checked, inventoried and packed by the officer-in-charge of the Police Station concerned in the presence of a witness and both officers shall certify the correctness of the inventory.

(2)

Where the estimated value of the peronal effects of a deceased officer−

(a)

exceed one hundred thousand shillings the procedure outlined in paragraph (3)(a) shall be followed; and

(b)

does not exceed one hundred thousand shillings, the property shall be forwarded to the Sub-County Commander of the Sub-County in which death occurred.

(3)

On receipt of the personal effects of a deceased officer the estimated value of whose estate exceeds one hundred thousand shillings:

(a)

the Service Quartermaster shall arrange for the immediate delivery by a responsible officer, as follows—

(i) in the case of a police officer whose next-of-kin is not resident in Kenya, the personal effects shall be delivered to the Public Trustee together with completed "Report of Death to Public Trustee"; or
(ii) in the case of a police officer whose next-of-kin is resident in Kenya, the personal effects shall be delivered to the next-of-kin and in such cases the "Report of Death to Public Trustee" form may be filed on the personal open file of the deceased officer at Service Headquarters; and
(b)

the effects may be checked against inventory by the person receiving and the officer delivering them and a receipt may be obtained on one copy of the inventory, which shall be filed on the personal open file of the deceased officer at Service Headquarters.

(4)

All matters affecting the estate and personal effects of a deceased person shall be dealt with expeditiously in order to avoid unnecessary distress to the next-of-kin.

13.

Next of kin

All accurate records of all police next of kin shall always be available at the Service Headquarters and any changes of addresses shall be notified through the authorized channels.

14.

Ceremony at funeral service

(1)

A ceremony shall be conducted at the funeral service of a deceased Police Officer, except when the customary or religious funeral rites of the deceased makes the procedure impracticable, or the relatives of the deceased wish the funeral to be conducted privately.

(2)

The ceremony under paragraph (1) shall be conducted in the following manner—

(a)

the firing party consisting of one Inspector, two buglers and twelve constables shall attend to fire volleys at the grave side;

(b)

the bearer party may consist of one Gazetted Officer, Inspector or non commissioned officers in charge of six bearers who, if possible, may be of the same rank and status as the deceased;

(c)

at the place of interment, the firing party shall be formed up in two ranks parallel to and facing the grave, and if possible the centre files may be opposite the centre of the grave and the bugler may stand two paces to the right of the right-hand man in the front rank;

(d)

the Inspector in charge of the party shall stand at the rear centre of their party and on arrival of the cortege at the burial ground;

(e)

the bearers shall remove the coffin from the hearse and may then move in procession to the grave side and the order of the procession shall be—

(i) officiating minister;
(ii) coffin and bearers;
(iii) relatives of deceased; and
(iv) other mourners;
(f)

as the procession approaches the grave the Officer-in-Charge of the firing party shall bring the party to attention and then give the order "Shoulder Arms" followed by "Present Arms" as the coffin arrives at the grave side and the party shall be brought to the "at ease" position, and may remain thus until the conclusion of the service when it may be brought to attention preparation.

(2)

The procedure during the funeral service shall be as follows—

(a)

the headdress of those attending in uniform shall not be removed except that of the bearers when actually carrying the coffin and the headdress of bearers shall be carried by a Police Officer to be specially detailed for this duty;

(b)

when the coffin is to be lowered into the grave, the Officer-in-Charge of the bearer party shall first remove the flag and wreaths, and the wooden supports from the grave and the bearers shall then act on their quiet word of command "Prepare to lift-Prepare to lower-Lower";

(c)

when the funeral service is concluded, the bearers may move from the grave side and recover their headdress and the Officer-in-Charge of the firing party shall order—

(i) the firing party "shoulder arms" followed by "Present Arms" then "shoulder arms" followed by "order arms" and "volleys with blank cartridges, load" then "Present" and "Fire", and two more volleys may be similarly fired;
(ii) the firing party "Unload" followed by "Order Arms" then "shoulder arms" followed by "Present Arms";
(d)

the two buglers will then sound the "Last Post" a short interval and then "Reveille" while during the sounding of these calls, all Police Officers other than the firing party will stand at attention and salute and after the sounding of the "Reveille" the firing party will shoulder arms.

(3)

The following shall be the procedure for dispersal drill—

(a)

the Officer-in-Charge of the firing party shall give the order, move to the right in two files, right turn form three ranks, quick march and the officers may be followed by the bearers, who may form threes without words of command as they move off; and

(b)

the dispersal drill may be followed as far as local conditions permit and may, in any case, be used as a basis for procedure.

(4)

The following procedure shall be followed by the firing party when firing the three volleys—

(a)

volleys, with blank cartridges, load—adopt the standing loading position; load the muzzles of the rifles to be inclined upwards so as to clear the heads of the men in front;

(b)

present—rifles will be brought to the position for firing but at an angle of 135 degrees and heads to be kept perfectly still and no attempt made to aim;

(c)

fire—each man will at once press the trigger, remaining at the "Present" until the command "Reload" is given. Two more volleys may be similarly fired;

(d)

unload—bring the rifle to the loading position and carry out the motions of unloading, remaining at the loading position, rifles at an angle of 135 degrees; and

(e)

order Arms

(5)

When carrying the coffin at the funeral, the following procedure shall be adopted and adhered to—

(a)

the coffin will be carried feet end foremost and the bearers shall work on the words of command of the Officer-in-Charge of the bearer party and words of command will be given in a quiet, low tone, e.g. "Prepare to Lower" -"Lower";

(b)

the movements under pargraph (5)(a) will be controlled by a signal and will always be ordered by a word of command and not by signal;

(c)

when in the lift position, the bearer party may be evenly spaced three on each side of the coffin, their arms crossed and around each other's shoulders, the coffin resting on the shoulders with the face close to the side of the coffin itself, the headdress of the bearers shall be carried by the Police Officer to be specially detailed and the bearers shall step off with the inside foot to avoid undue rocking of the coffin; and

(d)

the Officer-in-Charge of the bearer party shall march two paces in the rear and in the centre of the bearer party.

15.

Procedure for laying wreath

The procedure for laying wreath shall be done immediately after the sound of "Reveille" at the conclusion of the service and such officers shall salute the grave and, having laid the wreaths, take one pace to the rear, salute again and march off.

16.

Dressing at funerals

(1)

The firing party and Bearer party shall wear the ceremonial dress, and police officers attending the funeral as mourners may wear the working dress at the discretion of the senior Police Officer attending the funeral.

(2)

During a funeral ceremony of a deceased police officer, a gazetted officer and a Chief Inspector may wear Crepe arm bands with the ceremonial dress.

Full name of injured officer ......................................

(Full personal particulars may be given)

Rank ..........................................................

Date of first appointment ........................................

Particulars of emoluments (in case of junior officers only)-

Salary ......................................................

Other allowances (to be specified)- ....................................

Value of housing ......................................................

Total ......................................................

Nature of injury ....................................

Circumstances under which the injury occurred, giving date and time of occurrence

........................................................................

Whether the accident occurred in the actual discharge of duty and through no fault of the officer and was specifically attributable to the nature of his/her duty .................................................

Medical Report (append M.O.’s report stating whether the injury is likely to cause any permanent disability and giving percentage of permanent incapacity) ............................................

In case of officer killed on duty:

Name of widow/widower ......................................................

Children: names, sexes and ages (date of birth if known)

NOTES

In cases where the deceased officer does not leave a widow/widower or children and has parents, state if they were wholly or partly dependent on him/her for their support.

This report shall be accompanied by a Form L.D. 104/1 "Notice by the Employer of Accident Causing Injury to or Death of Workman a supply of which is obtainable from the Local Labour

CHAPTER 69 – SPECIAL POLICE OFFICERS
1.

Certificate of appointment

(1)

A special police officer shall be appointed in accordance with section 72 of the National Police Service Act (Cap. 84).

(2)

A person appointed as a special police officer shall be issued with a certificate signed by such Gazetted Officer as may be appointed by the Inspector-General.

(3)

A person who has served a prison sentence for any criminal offence for a period of more than six months shall not be eligible for appointment as a special police officer.

(4)

Where necessary, fingerprints shall be recorded and sent to the Principal Criminal Registrar for examination and report.

2.

Discipline

(1)

A special police officer shall be subject to the code of discipline applicable to the Service which includes, the police regulations and standards of professional discipline for activities undertake both on and off duty.

(2)

A special police officer shall adhere to the policy as determined by the Inspector-General.

3.

Notification to Service Headquarters

The National Police Service Commission shall forward to the Service Headquarters a list of names and addresses, nationality or tribe of appointed special police officers within thirty days after an appointment is made.

4.

Termination or discharge of a special police officer

(1)

The National Police Service Commission shall, in writing, discharge or terminate the appointment, as the case may be, and shall subsequently issue a letter of termination or withdraw the certificate of appointment for a special police officer whose services are no longer required by the Service.

(2)

The National Police Service Commission shall notify the Service Headquarters and the Officer in Charge of the area where the special officer had been assigned of the termination of appointment and the reason for termination of the appointment shall be stated in the notice.

5.

Deployment of Special police officers

(1)

The Inspector-General shall deploy a special police officer according to his level of competency.

(2)

Where a special police officer experiences some limitations in carrying out his duties, the special police officer shall request for additional support from the Officer in Charge.

CHAPTER 70 – STORES
1.

Responsibilities of service quarter master

The Service quartermaster shall report to the respective Deputy Inspector-General all matters affecting the organization and administration of the “Q” Branch including—

(a)

planning, estimating, storage and issuance of all stores;

(b)

control of expenditure on all stores and arms votes;

(c)

implementation of Treasury and Service instructions for the accounting of police general stores;

(d)

efficiency of the “Q” Branch staff;

(e)

compliance with the approved specification and sample of uniform and equipment; and

(f)

serve as a member of the National Police Service Uniform Committee.

2.

Directorate of Criminal Investigations Stores

(1)

The stores of the Directorate of Criminal Investigations shall be managed at the headquarter of the Directorate.

(2)

The organization of the stores section shall be determined by the Director of the Directorate of Criminal Investigations.

3.

"Q" Branch control and duties of staff

(1)

The “Q” staff officers shall be directly answerable to the County “Q” Staff Officers and the County “Q” Staff Officers shall be accountable to the Service Quarter master on matters covered by this standing order.

(2)

The duties of the “Q” Staff shall be—

(a)

to advise their respective County or Formation Commanders on all “Q” matters;

(b)

to implement “Q" policy in their respective areas of jurisdiction;

(c)

to visit all Sub-County or Formations, Stations, posts periodically, and check stores, equipment, arms and ammunition and deal with any other “Q” matters and submit copies of reports to the County or Formation respective Service Quarter Master;

(d)

to ensure that ledgers are properly maintained in accordance with instructions and assist, where necessary, with their adjustment;

(e)

to ensure that Formations under their control hold the stores required of them;

(f)

to ensure that arms registers are properly maintained, and that they are periodically checked against physical holdings;

(g)

where there is a change of Command, to ascertain that handing-over and taking-over of stores is done and that where deficiencies are noted, they are dealt with in accordance with quarter master stores accounting detailed instructions;

(h)

to ensure that Boards of Survey on unserviceable stores are held when necessary and that stores are properly disposed of and ledgers adjusted in the correct manner; and

(i)

to check all authorities for and expenditure on local purchase of stores or maintenance and to ensure that proper records are kept and forms properly submitted for payment.

(3)

The Service Quartermaster shall carry out regular and frequent inspections of the sub-depots and service central stores either in person or through a duly appointed representative.

4.

Organization of the National Police Service Stores

(1)

The Service Central Stores shall be held at the national level in Nairobi.

(2)

The arms and ammunition shall be held and issued at the Service arms stores at Nairobi.

(3)

The sub-depots shall be situated at Nakuru, Nyeri, Embu, Kisumu, Mombasa, Garissa and Kakamega.

(4)

The sub-depots shall hold all stores and shall be responsible for the following Formation—

(a)

No. 1 Sub-Depot, Nakuru - All Counties of the Rift Valley region excluding (Kajiado and Laikipia County);

(b)

No. 2 Sub-Depot, Ruringu, Nyeri - All Counties of Central region and Laikipia (excluding Kiambu Sub-County);

(c)

No. 3 Sub-Depot, Embu - All Counties in Eastern region (excluding Kitui, Makueni, Machakos County);

(d)

No. 4 Sub-Depot, Kisumu - All Counties of Nyanza Region;

(e)

No. 5 Sub-Depot, Mombasa – All Counties in Coast region and the Kilindini port police and Mombasa Airport Sub-County;

(f)

No. 6 Sub-Depot, Nairobi - Traffic Department, Kenya Police Airport Unit, Railways Police, Anti-Stock Theft Unit, Directorate of Criminal Investigations, K9 Unit, Machakos, Kitui, Makueni, Kiambu and Kajiado Sub-Counties;

(g)

No. 7 Sub-Depot, Kakamega - All Counties in Western region; and

(h)

No. 8 Sub-Depot, Garissa - All Counties in North Eastern region.

(5)

The General Service Unit, National Police College, Kiganjo Campus and Nairobi County shall submit their demands to the Service Central Stores at Nairobi.

5.

Organization of the Administrative Police Service stores

(1)

The Administration Police Central stores shall be based at National Police College, Embakasi “A” Campus.

(2)

The Deputy Inspector-General Administration Police Service shall establish sub-depots in the designated counties.

(3)

All Services in the National Police Service and the Directorate of Criminal Investigations shall, until such time as the Administration Police Service shall establish sub-depots, be duly allocated storage space in the sub depots.

6.

Administrative responsibility of sub-depot personnel

(1)

The County or Formation Commander in whose area the Sub-Depot is situated shall supervise the personnel, on the routine administration and personnel matters.

(2)

Despite paragraph (1), the County Staff shall remain directly responsible to the respective Service Quartermaster for all policy matters relating to stores accounting and stores administration.

(3)

Personal open and confidential files, where applicable, for Sub-Depot personnel shall be held at the County or Formation Headquarters.

(4)

All correspondence originating from or addressed to the Sub-Depot personnel except on matters directly connected with stores accounting or provisioning shall be channelled through the County or Formation Commander.

(5)

The County or Formation Commander shall prepare an annual confidential report on the Sub-depot personnel, in applicable cases, and submit it to the respective Service Quarter master for further action.

(6)

The transfer of Sub-depot personnel shall be a matter for the respective Service Quarter master to decide, except where it is intended to transfer a senior member of the Sub-depot Staff from one County or Formation to another, posting orders shall be channelled through the County or Formation Commander concerned, and not directly to individual officers.

(7)

Leave application by Sub-Depot personnel shall be channelled through County or Formation Commander to respective Service Quarter master for approval.

(8)

All leave and transfer of Sub-depot personnel shall be published in the County or Formation weekly order.

7.

Personnel holding stores to be conversant with stores procedure

(1)

Personnel holding stores shall be conversant with the “Q” Stores organization and procedures.

(2)

While serving as Stores Accounting Officers, Sub-County and Formation Commanders shall ensure that all directives issued from time to time by respective Service Headquarters in relation to stores, are properly carried out.

8.

Stores to be taken on ledger charge

(1)

All Government stores issued to a County or Sub-County shall be taken on ledger charge upon receipt.

(2)

The stores covered by this definition include, consumable and miscellaneous stores, camp equipment and saddlery but exclude−

(a)

the items of uniform or equipment which are dealt with on Form Q.M.3; and

(b)

arms which are dealt with in Service Armourers’ Branch Order in these Standing Orders.

9.

Accounting unit

(1)

An accounting unit shall be an accounting unit in the Service, the Directorate of Criminal Investigations or County or Formation authorized to hold stores and to record them by ledger.

(2)

Indents on Service Central Stores or Sub-Depots shall be placed only by Accounting Units, who shall in turn issue to Non-Accounting Units.

(3)

A County Headquarter shall obtain its stores requirements from the nearest Sub-Depot.

10.

Non-Accounting Unit

(1)

A non-accounting unit shall be at a police station or post level, and in the case of Formation at Platoon group level.

(2)

A non-accounting unit shall indent on the accounting units responsible for their requirements and all stores from any source shall be taken on charge in their Inventory Book, a duplicate of which shall be kept by the Officer-in-Charge of the accounting unit.

11.

Responsibilities for issues of clothing and equipment

It shall be the responsibility of officers-in-charge of accounting units—

(a)

to ensure that personnel under their command are properly clothed and equipped in accordance with authorized scales, and that indents are submitted for stores to achieve this object;

(b)

to ensure that all Government stores received by them are immediately taken on charge in the correct ledger as laid down in paragraph 12 of this Chapter, and used or issued correctly;

(c)

to carry out monthly spot checks on the stores and ledgers of their accounting unit and ensure that during the course of each year, each item held on charge has been physically checked, and is in serviceable condition and correct with the ledger;

(d)

to ensure that valuable items are kept under lock and key, when not in use, and that the key is held by a responsible person;

(e)

to ensure that a similar procedure is observed at stations or posts, and that all permanent and expendable stores issued to these Formations are correctly accounted for in the stations’ inventory book; and

(f)

to ensure that on a change of command, there shall be a one hundred per centum check of stores and arms and ammunition by the officers handing over and taking over, and that all discrepancies shall be recorded and reported.

12.

Unit stores ledgers

(1)

The ledgers shall be used by accounting units for recording receipts and issuing of all police stores which pass through the unit or are retained for their use and the minimum number of ledgers in use shall be as follows—

(a)

expendable stores;

(b)

consumable stores;

(c)

permanent stores; and

(d)

arms, ammunition and accessories.

(2)

Upon a ledger being opened, it shall not, under any circumstances, be destroyed.

(3)

Where it is necessary to cancel a page, the cancellation shall be done by drawing a line across the page in ink, leaving all entries legible, and cross-referenced with the new page and the ledger shall be numbered, and all balances carried forward to the new ledger, which shall be numbered consecutively.

(4)

All entries in a ledger shall be supported by a correctly numbered copy of an issue, transfer or receipt voucher, receipts being entered in red ink, and issues or disposals in black or blue ink.

(5)

A receipt, issue and transfer vouchers shall be retained for a period of three complete years and destruction of vouchers which have completed the retention period shall be carried out annually in January.

13.

Station inventory books

(1)

A non-accounting unit which holds stores on charge from an accounting unit, shall enter them in the station inventory book, which shall be prepared in duplicate, the original being held at the station concerned, and the duplicate being held and maintained by the accounting unit.

(2)

The station inventory book shall indicate all Government stores and office equipment except−

(a)

office furniture which are accounted for in Forms 42A and 8A of the Department responsible for public works; and

(b)

arms and ammunition which are accounted for in arms Register (GP 87).

14.

Personal issues clothing and equipment

(1)

This standing order shall provide for restrictions on personal clothing and equipment which must be observed.

(2)

An arms and ammunition issued to an individual shall be accounted for as per the Arms and Ammunition Order in these Service Standing Orders.

(3)

A stock of clothing and equipment for personal issue shall not be held in Sub-County.

(4)

An Officer in Charge of a police station requiring clothing for exchange or initial issue shall prepare three copies of S12 and dispose them in accordance with the instructions on the front cover of the book.

15.

Unserviceable clothing and withdrawn kit

(1)

An unserviceable article of uniform and kit withdrawn shall be clean and shall be collected and forwarded through the Sub-County or Police Station to the Sub-Depot under cover of a voucher S12.

(2)

The unserviceable articles under paragraph (1), shall be disposed of in accordance with the instructions on the front cover of the book.

16.

Personal kit card

(1)

A personal kit card shall be prepared for all police officers, including the National Police Reserve and shall be kept by the Officer-in-Charge of the Accounting Unit.

(2)

The kit cards shall be printed singly and used to record all items of clothing and equipment issued to the individual.

(3)

The date of all initial issues and permanent withdrawals shall be recorded in the appropriate column on the card when the transaction is made, and the signature shall be entered at the same time.

(4)

On posting or transfer, the kit card shall be placed in the concerned officer’s personal file and forwarded to the next unit.

17.

Scale of issue of clothing

(1)

The scale of clothing and equipment together with period of “life” allocated to all articles shall be as set out in the Appendices to Dress regulation orders in these Service Standing Orders.

(2)

An individual or Accounting Unit shall not hold more than is authorized under the particular scale, without the special permission of respective Service Quarter master.

18.

Local purchase

A police officer shall not purchase stores locally or incur expenditure on repairs to stores without prior authority of the respective Service Quarter master.

19.

Unserviceable stores

All items of clothing withdrawn from individuals shall be returned to Sub-depot or Service Central Stores, in accordance with the procedure laid down at paragraph 15 of this Chapter.

20.

Stores

(1)

All stores−

(a)

returned to “Q” Branch shall be clean and securely packed and shall be accompanied by an issue return note, whether being returned permanently or for repair;

(b)

that are worn out or unserviceable beyond repair shall be returned to Sub Depot Stores by normal voucher action, where arrangements shall be made for them to be boarded.

(2)

Repairable items shall not be returned, but shall be repaired from funds allocated annually on authority from the respective Service Quarter master.

21.

Indents (demand and issue vouchers)

(1)

An indent shall be submitted by Sub-County to their “QM” Stores on the dates which are allocated to them and shall be correctly numbered and recorded.

(2)

An Article shall only be issued on repayment under the conditions laid provided under paragraph 42(7) and shall be clearly marked to this effect accompanied by a miscellaneous receipt for the amount of the purchase which shall be obtained by paying in the sum required to the local police cashier and crediting to “Sale of Government Stores” Account.

(3)

An indent shall only be signed by the Officer-in-Charge of the Sub-County, his Deputy or his stores officer and shall be stamped with the Sub-County stamp.

(4)

Care shall be exercised when stores are received, and that the triplicate copy of the indent is receipted and returned immediately to the Service Central Store or Sub-Depot to support their ledgers.

(5)

An indent from non-accounting units to accounting units shall similarly be signed by Officer-in-Charge and shall be stamped with the station stamp and the triplicate copy of the indent shall be receipted and returned immediately to the Officer-in-Charge of the Accounting Unit.

22.

Clothing and equipment issuing, marking and numbering

(1)

The Officer-in-Charge of a Sub-County or Police Station or their Deputies shall superintend, personally, the issuance of clothing and equipment and ensure that each new item fits properly and is correctly marked and numbered.

(2)

A junior officer shall return a used article in exchange for each new item.

23.

Clothing and equipment general instructions

(1)

An article of clothing or equipment issued by Government to any member of the Service shall not be regarded as personal property.

(2)

An article of clothing or equipment may not be issued, loaned or sold to any person that is not a member of the Service without the specific permission of the respective Deputy Inspector-General.

(3)

Where an item of clothing or equipment is lost or damaged, the matter shall be investigated and the Officer-in-Charge of the respective command shall decide upon whom the cost of replacement shall lie.

(4)

In all cases of negligence on the part of a member of the Service, the article shall be replaced at the officer’s expense.

(5)

Where it is established to the satisfaction of the Officer-in-Charge of a Sub-County that a member of the Service has sold, pawned, lost by neglect, made away with, wilfully or negligently damaged, or failed to report the loss of, any part of the officer’s kit, the matter shall be determined through the normal disciplinary procedures, and in addition to any other punishment, the full cost of the Article shall be borne by the officer concerned pursuant to section 92 of the National Police Act, (No. 11A of 2011):

Provided that formal write off authority shall be obtained from the Respective Services and directorate headquarters.

(6)

A junior officer proceeding on transfer to another Sub-County shall take their complete issue of uniform and equipment, which shall be checked prior to departure.

(7)

The additional kit issued for operational areas shall be withdrawn on transfers from those Formations.

(8)

In order to prevent cases of impersonation, Officers-in-Charge of Sub-County shall ensure that junior officers proceeding on leave or discharge do not take with them any article of Police clothing or equipment and that every item shall be handed in and checked against the kit card prior to departure.

(9)

The clothing and equipment of officers on leave or in hospital shall be kept in a clean and secure store.

(10)

The “Q” Branch shall prescribe a period within which each item shall be expected to be serviceable with normal wear and tear, otherwise known as a period of “life” for that article of clothing or equipment.

(11)

There shall be inquiry into cases of articles where articles become unserviceable before expiry of the prescribed period and persons found to be negligent shall be surcharged for the unexpired portion of the life of the article under section 92 of the National Police Service Act (Cap. 84) and may face further disciplinary action under these Standing Orders.

(12)

Where no obvious neglect is established and inferior quality is suspected, the item shall be withdrawn and returned to the Sub-Depot with a covering letter for investigation and the unexpired portion of the article’s “life” shall be counted in quarters, periods of less than three months being charged as a full quarter.

(13)

An article which is serviceable shall not be replaced even if it exceeds the stated period of “life", until it becomes unserviceable.

24.

Stationery and police form

The economic use of stationery to ensure accommodation within the budgetary allocation.

(2)

Indent for police forms shall be submitted to the respective Service headquarters for delivery on a quarterly basis.

(3)

A demand shall only be made for an actual requirement and shall be based on the target figure of consumption supplied annually to each Unit.

(4)

A demand for non-consumable items shall be justified due to an increase of staff.

25.

Accountable documents

(1)

The following accountable documents shall be maintained in the management of stores−

(a)

from Service Stores or Sub-Depots, there shall be Prisoners Meal Requisition Books issued down to police station or other places of custody;

(b)

from Chief Accountant, respective Services Headquarters and the Directorate of Criminal Investigations, there shall be—

(i) motor transport order books held by County and Sub-County Transport Officers only, except when otherwise authorized by the Chief Transport Officer;
(ii) local purchase order books in respect to a County, Formation or Sub-County level; and
(iii) imprest and revenue cash book to be held at County, Formation or Sub-County level;
(c)

from County Accountant, Administration, there shall be—

(i) railway warrant books in respect of County, Formation and Sub-County level as necessary;
(ii) road travel warrant books in respect of County or Formation and Sub-County level and Police Station or Units as authorized by the County or Formation Commander;
(iii) prisoners’ property receipt books shall be issued to a police station and post level including border control posts;
(iv) miscellaneous receipt books-county, Formation and Sub-County shall be issued to Police Station for use in dealing with Distress Warrant; and
(v) cash bail receipt books held at all Police Stations.
(d)

from Chief Transport Officer, Petrol, Diesel and oil Registers to be held at all units holding stocks of such fuel.

(2)

The accountable documents shall be constantly kept under lock and key, whether in use or held on stock, and only one of each shall be in use at any given time.

(3)

The accountable documents shall be—

(a)

entered in the counter foils register (F.O.13) by serial numbers, and when issues are made from stock, a receipt shall be obtained from the individual taking the delivery of the book;

(b)

have the receipt in a clear and legible, and the issue voucher used shall show the serial numbers of the documents issued, together with designation in block capitals, of the recipient;

(c)

on receipt by the Sub-County Commander, enter the items in a register showing the individual numbers and the number of the issue voucher;

(d)

ensure that the register is available for inspection at any time;

(e)

ensure that the relevant documents such as counter foils and office copies are retained for a minimum period as provided for in the Records.

(4)

An indent for the documents specified under paragraph 25(1)(c) shall be signed personally by the Formation commander concerned, or, in his absence, by the deputy:

Provided that alternative signatures shall not be accepted where Formation commanders are absent from duty for short periods and in such instances, an indent shall await the return of the Formation commander.

26.

Safety measures

(1)

Safe keys shall be retained in the careful custody of the Officer-in-Charge of the Formation and when leaving the station for a period of more than 24 hours, the officer shall hand over the key in a sealed envelope to the police officer next in seniority and shall on return, check the contents of the safe with the officer who had custody of the key.

(2)

The keeping of large sums of money in Sub-County safes shall be avoided, and when substantial sums are so kept an armed guard shall be posted at night in the immediate vicinity and the safe keys shall be retained by the Sub-County Commander personally.

(3)

A cash box shall be securely attached to a table or other solid article of furniture, and kept in premises that are constantly attended and guarded. The cash received on Government account must be paid to the local Treasury daily, soon after receipt.

(4)

A list showing the contents of the safe or cash box shall be kept in the safe or cash box.

(5)

A return shall be submitted annually by all Officers-in-Charge of Sub-County or Formations to the Service Quartermaster showing the distribution of all safes and cash boxes on charge as at 31st December of each year.

(6)

Details of safes and cash boxes shall be given on separate sheets, and the Treasury serial number shall be quoted in each instance, with the maker’s name in the case of safes.

27.

Security of safes and cash boxes

(1)

The security of a safe or cash box shall be considered to be compromised where the key has been lost or misplaced for any length of time, and it shall be mandatory for a new lock to be fitted.

(2)

Where the security of a safe or cash box is compromised the procedure shall be as follows–

(a)

a brief preliminary report on the loss shall be made to Service Headquarters and an application for the duplicate key shall be made to the Sub-County Accountant on receipt of which the contents of the cash box shall be removed;

(b)

the box shall be forwarded to the local branch of the Ministry of Housing and Public works for replacement of the lock and an estimate of the cost of the work and where the lock cannot be replaced by the Ministry of Housing and Public works, the matter be referred to the Service Quartermaster;

(c)

a final report shall be forwarded by the Sub-County or Formation to the Service Headquarters showing the officer, if any, responsible for the loss of the key, and the cost of replacing the lock;

(d)

the new duplicate key of the cash box shall be forwarded to the Sub-County Accountant together with a certificate signed by two police officers, one of whom must be of the rank of Chief Inspector or above, that the original duplicate key has been destroyed and a copy of such certificate shall be forwarded to respective Service Headquarters;

(e)

instructions shall be issued from respective Service Headquarters for the recovery of any loss incurred by the Government.

28.

Handling of certain equipment

The following procedures shall be observed with respect to certain types of equipment—

(a)

all typewriters or computers on police charge shall be held on charge to Accounting Units and shall be kept in good order, cleaned and oiled regularly, and only authorized persons shall be permitted to use them;

(b)

a return shall be submitted annually by all Sub-County or Formation Commanders to the Service Quartermaster giving the distribution and Treasury serial number of all typewriters or computers on charge to the Sub-County or Formation as at 31st December in each year;

(c)

matters relating to the replacement of typewriters or computers shall be referred to the Service Quartermaster;

(d)

all applications for new machines shall be submitted in October each year;

(e)

regulations on maintenance of computers shall be applicable; and

(f)

cameras and binoculars which are the property of Government shall be recorded on Sub-County or Formation ledger, and shall be kept in a safe place in stations and where a camera is not on charge, Gazetted Officers or members of the Inspectorate who use their own cameras in connection with important police cases may obtain a refund of expenses incurred by submitting their claim, through the Sub-County or Formation Commander, who shall prepare a payment voucher.

29.

Tent care

(1)

A tents shall be pitched once a month, for airing, and shall not be returned to store until it has been thoroughly dried, examined and, if necessary, repaired.

(2)

Broken pegs shall be replaced and the correct number, with a few spares, kept in each tent.

(3)

A tent shall be stored clear of the ground to avoid damage by rats, insects and dampness and should further repairs be necessary, a report shall be sent to the Service Quarter master.

30.

Stores general care and checking

(1)

An item in a Sub-County, Formation or police station stores shall be checked and examined periodically and shall be cleaned and aired at frequent intervals and care shall be taken to prevent damage by rats, insects, dampness or neglect.

(2)

All steel articles shall be kept oiled.

31.

Transport of dangerous stores

(1)

The following police stores are classified as dangerous—

(a)

petrol;

(b)

kerosene;

(c)

ammunition; and

(d)

disinfecting fluids.

(2)

An officer to whom such stores are consigned shall remove the stores from Railways premises immediately upon receipt of information of the items’ delivery at the railway station

(3)

Where a consignee fails to take delivery of goods dispatched under a “Dangerous Consignment Note” within twelve daylight hours of arrival at their destination, the Railways Corporation may return the goods to the consignor at the risk and expense of the consignor.

32.

Consumable stores

(1)

A consumable store shall be issued on demand as required from the Service.

(2)

An indent shall indicate on the reverse the amount the Sub-County is entitled to as per scale and establishment and the balance at hand.

(3)

A consumable store shall be accounted for through Sub-County or Formation ledgers and the scale of consumable stores shall be as provided in Appendix 70(c).

33.

Stores annual check

All stores, arms, office equipment and animals, including K9, on charge to the Service, shall be the subject of an annual check by a Board of Survey established by the respective Service/Formation.

34.

Procedure for annual check

(1)

The stores listed under paragraph 31(1) shall be closed during the month of January for a specified period for purposes of checking, by a full Board of Survey.

(2)

A Board of survey shall comprise of three members and shall be chaired by an officer of or above the rank of Superintendent of Police.

(3)

The Board of Survey shall comprise, with respect to—

(a)

Service Central Stores, the respective Deputy Inspector-General and the Director, Directorate of criminal Investigations;

(b)

sub-Depot Stores the respective County or Formation Commanders for their respective stores;

(c)

Nairobi County Stores the CPC Nairobi County;

(d)

NPC, Kiganjo Campus Stores the Commandant NPC, Kiganjo Campus;

(e)

G.S.U Stores the Commandant G.S.U;

(f)

A.S.T.U Stores the Commandant A.S.T.U;

(g)

NPC, Embakasi “A” Campus Stores the Commandant, NPC, Embakasi “A”’ and

(h)

Administrative Police Units or Training Institution Stores the respective Commandants.

(4)

With regard to other stores, Police Station or Unit Commanders shall check their stocks against inventories and provide a certificate to the Sub-County or Formation Commander with the certificate.

(5)

The Sub-County or Formation Commanders shall check the Sub-County or Formation Stores and shall forward a report of the survey in the form set out in (F.O.57) for the entire Sub-County or Formation to Police Headquarters.

35.

Action on finds of board

(1)

A Board of Survey shall physically check through the report against the ledgers and station inventory books and shall record their findings, in writing.

(2)

The full report providing the itemized lists of surpluses or deficiencies on F.O. 57 shall be supported by a report under regulation 11, paragraph 3 of Model Departmental Stores Regulations shall be forwarded through Counties or Formation to Service Quarter Master at Service Headquarters.

(3)

Immediate action shall be taken on the Board’s findings such as the taking on charge of surpluses and listing of deficiencies on a Certificate Issue Voucher.

36.

Bicycle, Motorcycle, Quad instruction

A police motorcycle on charge to a police station shall be cleaned, oiled and adjusted, and shall be inspected at least once a week by the Officer-in-Charge of the police station and on a monthly basis, by the Officer-in-Charge of the Sub-County or Formation.

37.

Bicycle receipt and issuance instruction

(1)

On receipt, each bicycle shall be taken on ledger charge in the normal manner, and the frame number shall be entered.

(2)

Where a bicycle is issued to a station, the frame number shall be shown in the station inventory book.

(3)

A file known as a bicycle file shall be maintained, in respect of each bicycle on charge and details shall be recorded in the bicycle file including details on all inspections, maintenance and repairs.

38.

Instruction on use of bicycle, motorcycle or quad

(1)

A junior officer shall not use a police bicycle unless he or she—

(a)

is able to ride;

(b)

is capable of carrying out ordinary minor repairs and adjustments; and

(c)

has knowledge of traffic signals and highway rules.

(2)

An officer using a police bicycle shall be held responsible for any damage caused to the bicycle as a result of misuse or negligence.

(3)

Only members of the Service shall be allowed to ride a police motorcycle.

(4)

The Regulations developed by the Fleet Management.

39.

Repairs to bicycle

The authority of Sub-County or Formation Commander shall be obtained before any repair to a police bicycle is undertaken.

40.

Security of bicycle

(1)

A police officer holding on charge Government motorcycle shall ensure that the machine is fitted with a padlock and chain or other locking devices.

(2)

Where a Government bicycle is left unattended, it shall be securely locked to prevent theft and, if possible, it shall be chained to an immovable object or a cycle stand.

(3)

A padlock fitted to Government motorcycle shall be examined and oiled periodically to ensure that it is in good working order and has not been tampered with and shall be produced for examination during routine bicycle inspections.

41.

Motorcycle for use on duty

A government motorcycle shall be used for official duties only.

42.

Sale of Government Stores

(1)

The official methods of sale of surplus or unserviceable stores is by public auction or public tender on recommendation of a Board of Survey or disposal committee subject to authorization by the Accounting Officer.

(2)

Despite paragraph (1), a request shall be received from time to time from counties for items which may not be obtained in the ordinary way of trade.

(3)

An item of a value not exceeding one hundred thousand shillings may be sold to an applicant to meet an emergency, subject to authorization by the Accounting Officer through the Service Quarter master.

(4)

A sale of the description under paragraph (3) shall be at the cost, plus customs duty and departmental charges, unless special rates are determined.

(5)

Before a store is issued, the sale price shall be paid and the number of the official receipt shall be quoted on the store issue voucher.

(6)

The Service Quarter master shall direct that any sale under paragraph (5) shall be made through Stores Depots, subject only to its availability.

(7)

A store may not, except for items such as uniform required by entitled officers, be sold to officers without authority from the National Treasury.

(8)

Repayment sale is permitted where—

(a)

lost or damaged items within a particular scale has been ordered as a charge against the individual, following disciplinary action; or

(b)

worn items of uniform or equipment to a particular scale by officers in receipt of uniform allowance which are usually supplied through the respective Services Officers’ Shop.

[L.N. 208/2020, s. 14.]

CHAPTER 71 – NATIONAL POLICE SERVICE TRAINING
1.

Objective of training in the Service

Training in the National Police Service shall endeavour to—

(a)

promote Constitutional values and principles including the respect for human rights, fundamental freedoms and dignity;

(b)

attain the highest possible standards of professionalism, competence and integrity; and

(c)

in accordance with the National Police Service Training Policy.

2.

Training process

(1)

The training of a police officer shall be a continuous process after the recruit course has been completed and shall be undertaken within the respective Formation or Units as follows—

(a)

for members of the Inspectorate and junior officers, capacity building course and any other courses at County Training Centres may be undertaken, as directed by the respective County Commander or Formation Commander;

(b)

for the Inspectorate and sub-county commander may undertake supervisory courses at the respective training institutions, seminars, skill enhancement development courses, promotion courses or any other course which the Inspector-General may consider necessary.

(2)

Specialist courses shall include—

(a)

driving courses at the Service driving school;

(b)

medical courses;

(c)

communications training school;

(d)

animal handling;

(e)

armoury technician course;

(f)

forensic courses;

(g)

coxswain;

(h)

aviation course;

(i)

courses at the Kenya School of Government;

(j)

senior management courses for police officers of the rank of senior superintendent and above;

(k)

strategic leadership and command course and

(l)

overseas courses in a variety of subjects upon considering the suitability of the police officer and the requirements of the Service as directed by the Inspector General.

(3)

The County and Formation Commanders shall, through the medium of their Weekly Orders, publish a regular monthly training programme for the police officers under their respective command.

3.

Nomination or selection for courses

A police officer shall be nominated to attend courses based on the following criteria—

(a)

the overall Service training requirements;

(b)

the relevance to area of deployment;

(c)

the discipline of the officer concerned; and

(d)

fairness and equity on account of—

(i) gender balance;
(ii) regional balance;
(iii) years of service; and
(iv) frequency or number of courses attended.
4.

Training and promotion

The successful completion of a course may enhance an officers’ merit for promotion but shall not be construed to be an automatic qualification for promotion.

5.

Lectures

(1)

County and Formation Commanders shall ensure that police officers under their respective command are provided with frequent lectures on all aspects of their duties, at least once weekly.

(2)

The topics under paragraph (1) may include —

(a)

the Service Standing Orders, the Service, county, sub-county and station;

(b)

the county weekly orders;

(c)

the practical police work;

(d)

legislation, particularly including amendments made to the legislations from time to time;

(e)

the general knowledge and current affairs;

(f)

customer care;

(g)

first aid;

(h)

police media relation;

(i)

whistle calls;

(j)

human right;

(k)

alarm and fire orders;

(l)

care and custody of exhibits and prisoners;

(m)

honours and salutes;

(n)

peaceful settlement of conflict;

(o)

crowd behaviours;

(p)

methods of persuasion, mediation and negotiation;

(q)

care of special victims; or

(r)

any other relevant subject.

6.

Physical fitness

Physical fitness programmes shall be integrated in the county training programmes and as such organized police sports shall be considered as physical training.

7.

Full dress parade

(1)

Full dress parade shall be held as follows—

(a)

a sub-county commander shall—

(i) in every quarter, hold a full-dress parade, at every police station or on such day and time as may be considered convenient by the county or formation commander;
(ii)

on a regular basis, hold a working dress parade;

(iii)

ensure that a deputy sub-county commander or staff officer carry out similar inspection at smaller police stations or police posts, where necessary; and

(iv)

ensure that a parade is attended by all the available police officers regularly.

(b)

a Sub-County Commander or the officer whom such has been delegated to shall on a weekly basis conduct a parade of at least one hour at the police stations which shall—

(i)

be attended by all the Inspectors attached to the police station and the police officers that are available;

(ii)

be commanded by an Inspector attached to the police station on rotation; and

(iii)

exercise police officers on foot and arms drill in accordance with the manual of Drill (All Arms), and the Manual of Ceremonial as well as use of weapons and anti-riot techniques.

(2)

All ranks of police officers on parade shall be carefully inspected by the Officer-in-Charge of the Police Station personally as to the cleanliness of their uniform, arms and equipment.

8.

Exemption from lectures and parades

A police officer, who was on duty after midnight, shall not necessarily be required to attend any lecture or parade before 2.00 p.m. on the following day.

9.

Anti-riot drill and parade

The Officer-in-Charge of the police station shall take charge of the Anti-riot squad and regularly task other inspectors at the Station to be in-charge of anti-riot party in rotation and convene lectures and practice demonstrations as may be appropriate.

10.

Whistle calls

(1)

The whistle calls authorized for use in the Service shall be—

(a)

three short sharp blasts such as “Come to my assistance”;

(b)

one long blast – “Coming”;

(c)

one long and one short blast repeated indefinitely – “Alarm”;

(d)

one short blast – the call preceding a signal by a platoon or section leader in skirmishing or extended order which shall be used in physical training; and

(e)

prolonged series of short blasts such as “Rally” which shall be used by platoon or section leader in skirmishing or extended order to denote close-in order to denote close in on the leader “in thick bush, mist or darkness when a signal cannot be seen also used for the “Assemble” or “Fall in”.

(2)

During the night, instead of the whistle call “Come to my assistance” three short sharp flashes of an electric torch or vehicle lights may be used which may be answered to by whistle or by lights;

(3)

Whistle calls shall be the subject of frequent instructions and all officers shall be familiar with them.

(4)

All officers shall identify the calls for “General Alarm” and “Fire Alarm”.

11.

Kit inspection

(1)

The Officer-in-Charge of the Police Station, Unit or Post shall personally conduct kit inspection parades, on a monthly basis, on such time and day as may be scheduled by the Sub-County Commander.

(2)

All available uniformed Officers of lower rank, regardless of their normal duties, shall wear the full dress and carry rifles and stand to the right of their kit in line with the car-coat.

(3)

Kits for inspection shall be laid out as follows—

(a)

a County or Formations, in possession of non-operational kit—

(i)

shall be as set out in Appendix 71(a) for male police officers;

(ii)

Shall be as set out in Appendix 71(b) for female officers.

(b)

a police officer in possession of operational kit including General Service Unit, Anti-Stock Theft Unit and Dog Unit, Operational Areas except that the Anti-Stock Theft Unit and Dog Unit Personnel shall omit, where appropriate, the items which have not been issued to them;

(c)

police band corps as set out in Appendix 71(c) and plan for saddle inspection as set out in Appendix 71(d).

(4)

Kit inspection may be combined with the monthly full-dress parade.

(5)

When there is deficiency of Kit or when an item is found to be unserviceable, other than by fair wear and tear it shall be replaced at the expense of the police officer, unless there is a justifiable reason to the contrary.

(6)

The items shall, during kit inspection, be laid on the bed or groundsheet in the order provided under Appendix 71(a), (b), (c), (d).

12.

Responsibilities of the training committee’s

The respective police training committee shall subject to section 79 and 80 of the National Police Service Act (Cap. 84) be responsible for—

(a)

coordinating the development of an annual training plan and budget;

(b)

reviewing proposals to develop new or revise existing department training courses or programs;

(c)

providing for technical and policy review and approval of new or revised training courses and materials; and

(d)

providing any required guidance and assistance to the planning and training section supervisor.

/13. Identifying training needs.

(1)

Each Sub-County Commander shall—

(a)

identify an individual’s and the formation or unit training needs within their areas of responsibility; and

(b)

coordinate the implementation of the approved plan for the respective Sub-County.

(2)

Each police officer shall assist in identifying training needs by—

(a)

identifying their individual career path;

(b)

initiating training requests;

(c)

attending approved training programmes; and

(d)

ensuring that the training section or the officer responsible for training receives information concerning any completed training.

(3)

Each supervisor shall collect input from juniors, assess Sub-County or team training needs and advise as appropriate.

14.

Procedure for training requisition

(1)

Unless otherwise directed, an employee who requests for training shall do so through a letter which shall be channelled through the employee’s chain-of-command.

(2)

A police officers shall submit a photocopy of their training certificate which shall be placed in their personnel file upon their return from training.

(3)

The senior police or designated representative shall enter the training documentation into the agency’s training database where no certificate is issued, the information obtained from the training request or summary form shall be used as documentation for the database entry.

(4)

A supervisor may modify, where necessary, the procedure set out under this standing order as he may deem appropriate.

15.

Application

This Part shall apply to all training institutions under the National Police Service.

16.

Vision and mission of a training institution

(1)

A training institution shall have a vision and mission statements, which shall clearly indicate the institutions’ strategic direction.

(2)

The vision statement shall clearly outline what the training institution desires to achieve.

(3)

The mission statement shall incorporate elements of the training institutions universities purpose and values, succinctly describing why it exists and what it does to achieve its vision.

(4)

Statements of vision and mission shall be prominently displayed and appear in key documents of the training institution.

(5)

The training institution shall develop and have valid ten years’ master plan for both infrastructure and non-infrastructure development projections.

17.

Mandate

A training institution shall develop an official instrument of accreditation in line with the guidelines on Examination and Certification as developed by National Police Service Commission in accordance with Section 81 of the National Police Service Act (Cap. 84) and in conformity with Commission for University Education standards and other relevant education authorities.

18.

Accreditation of training institutions by the Service

A training institution shall be accredited by the Service in accordance with—

(a)

the provisions on accreditation provided under Part III of the Universities Act (Cap. 210), subject to the necessary modifications being made; and

(b)

the policy and curriculum developed by the National Police Service Commission pursuant to section 79 of the National Police Service Act (Cap. 84); and standing orders provided under this Part or Chapter.

19.

Examination and certification

The training institutions shall conduct examinations and award certificates, where applicable, in accordance with the guidelines developed by the National Police Service Commission pursuant to section 81 of the National Police Service Act (Cap. 84).

20.

Governance and Management

(1)

A training institution shall develop its governance and management structures.

(2)

A training institution shall have clear organizational and administrative charts showing the inter-relationships of the various organs and offices and shall define the functions of each office.

(3)

A training institution shall formulate policies and regulations on matters human resources, research, information communication and technology, disability, curriculum administration and development policy, internal quality assurance and infrastructure use and management.

(4)

A training institution shall develop internal rules, policies and procedures for its effective operation and shall cover all operations.

(5)

A training institution shall have an office responsible for the development and review of policies, rules and regulations or procedures.

21.

Human resource matters

(1)

A training institution shall have adequate and competent human resource, sufficient to carry out its mandate in the manner provided under this standing order.

(2)

The chief instructor of the training institution shall be a person qualified and with extensive training experience.

(3)

The training staff of each training institution shall satisfy the qualifications as may be required by the National Police Service Commission.

(4)

The administrative staff of a training institution shall have the requisite qualification in their areas of operation.

22.

Financial resources

A training institution shall be allocated adequate financial resources to meet its obligations and shall ensure that—

(a)

it prepares budgetary estimates and submits it through the normal channel to the Inspector-General for planning and allocation at least five months before the commencement of each financial year;

(b)

expenditure is not incurred for the purposes of the training institutions except in accordance with funds voted or appropriated by the National Assembly;

(c)

the differentiated unit cost as developed by the Inspector-General in determining the adequacy of each training institutions’ financial resources;

(d)

it manages its financial resources through a committee that shall provide oversight on its use which committee shall meet once every two months to review the use of financial resources.

23.

Planning

A training institution shall make long and medium term plans for purposes of ensuring sustainability and continuous improvement, including—

(a)

a five-year master plan that outlines its physical, academic, financial and human development;

(b)

a physical master plan that indicates the location of existing and proposed physical infrastructure; and

(c)

a five-year strategic plan that inter alia outlines its overall development including, but not limited to academic programmes, physical facilities, student enrolment, staff and staff development, information, communication and technology, research and community service.

24.

Trainees’ welfare

(1)

Trainee welfare means all measures necessary for the physical, spiritual, emotional and moral contentment of all trainees and their families.

(2)

A training institution shall provide welfare services that are commensurate with the trainees’ needs including—

(a)

sports facilities;

(b)

gender support facilities;

(c)

laundry services;

(d)

counselling services;

(e)

dispensary;

(f)

worship facilities, and

(g)

canteen.

25.

Quality training

A training institution shall promote the highest standards of training through the following measures—

(a)

use of a variety of delivery methods while promoting creativity and critical thinking in learning;

(b)

ensuring that the academic staff shall keep abreast with the—

(i)

current trends in their discipline;

(ii)

latest technologies of teaching and learning.

(c)

ensuring that the academic staff avail themselves for consultation, guidance and mentoring of students;

(d)

providing each student, at the beginning of training, with a training manual that shall have all the disciplines to be covered in the training.

26.

Academic integrity standards

A training institution shall carry out its operations in an ethical manner by—

(a)

developing and implementing the code of ethics and an academic integrity policy;

(b)

respecting and observing the relevant ethical standards while teaching, carrying our research and in engagement in community policing; and

(c)

prioritizing the academic interests of the trainees and other stakeholders in carrying out its operations.

SCHEDULE

(Chapter 5r. 5(a))

COMPLAINT AGAINST MEMBERS OF THE NATIONAL POLICE SERVICE(To be completed in triplicates by Members of the Public, Police Officers, Groups, and Organizations)

SECTION 1: COMPLAINANT CONTACT DETAILS

NAME:

ID NUMBER:

POSTAL ADDRESS:

TELEPHONE NUMBER:

COUNTY OF RESIDENCE:

If you are a police officer please include rank, service number, and duty station below. If not leave blank

RANK

SERVICE NUMBER

DUTY STATION

Are you making this complaint on behalf of ☐ Self ☐ Someone Else?

If someone else, who? ……………………………….

SECTION 2: DETAILS OF OFFICER YOUR INFORMATION/COMPLAINT IS ABOUT

NAME:

RANK:

POSTAL ADDRESS:

SERVICE NUMBER:

CURRENT DUTY STATION:

PREVIOUS DUTY STATION:

MOBILE NUMBER:

SECTION 3: THE COMPLAINT(S): If additional space is needed, please attach it to this form.

1.) Description of Complaint. Details of the circumstances, location, date and time:

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

2.) Were you involved in the case you are complaining about: ☐ as a suspect ☐ as a witness

☐ as a victim ☐ Other (specify):

………………………………………………………………………………………

3.) Have you formally filed another complaint? ☐ Yes ☐ No If Yes, where: ☐ with Police ☐

With DPP ☐ With IPOA ☐ Other (specify):

………………………………………………………………………………………

4.) If you have already filed a complaint, please give details and copies of relevant correspondence:

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

5.) Do you have any witnesses to support your complaint? If yes, please give their

names, and contact details:

a. …………………………………………………………………………………………

b. ……………………………………………………………………..…………………

c. …………………………………………………………………………………………

6.) Do you have any evidence? If yes, please specify below

a.……………………………………………………………………………………………

b. …………………………………………………………………………………………...

Complainant Signature …………………………...Date…………………………….…….

SECTION 4: FOR OFFICIAL USE

RECEIVING OFFICER…………………...........Service Number……….……Rank….

OB Number…………………Date……………………….…Signature………….…….

OFFICER IN CHARGE…………………….………………………

ACTION TAKEN (Less serious allegations may be resolved by the Officer in Charge) If additional space is needed, please attach it to this form.

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

Complaint Register No:………Date…………………….…Signature….……………….

IAU DIRECTOR / AUTHORISED OFFICER…………………….……………………..

Remark……………………………………………………………………..………………

Date…………………………………….………Signature…………….…………….…….

[L.N. 208/2020, s. 15.]

CHAPTER 72 – TRANSFER AND DEPLOYMENT
1.

Transfers generally

(1)

The mandate to determine transfers shall lie with the Commission.

(2)

Transfers shall not be used as a disciplinary sanction or reward measure.

(3)

Where it is found that a transfer has been used as a disciplinary sanction or reward measure, the Commission may revoke the transfer and direct appropriate disciplinary action be taken against any officer established to have participated in the transfer.

2.

Liability to transfer

All ranks except the Inspector-General, the Deputy Inspector-General, Director of the Directorate of Criminal Investigations of the National Police Service, may be transferred to serve in any part of the Republic of Kenya.

3.

Transfers of Members of the Service

(1)

Transfers by the National Police Service Commission, of any members of the National Police Service shall be effected by the Inspector General to the Deputy Inspectors-General, the Director, Directorate of Criminal Investigation and the Director, Internal Affairs Unit, and to be effected by respective county police commanders within counties.

(2)

The transfers under paragraph (1), shall be published in the formation or County Weekly Orders (Part One Orders) respectively and reflected in casualty returns.

4.

Role of the Inspector General

The Inspector General shall−

(a)

be responsible for determining the distribution of officers in the Services;

(b)

recommend to the Commission, in writing the authorization of transfers as may be necessary for purposes of attaining the required distribution of in the Service; and

(c)

the Officers-In-Charge of specialist branches are responsible for the recommendations to the Service Board for transfers of officers within their branches.

5.

Transfer on medical and compassionate grounds

(1)

Where an officer requests for a transfer or raises an objection to an intended transfer on medical or compassionate grounds, the officer shall provide justifiable cause in writing through the Service channels with a copy to the Commission for consideration by the Commission.

(2)

The application for transfer shall be supported with relevant documentation.

(3)

The Deputy Inspectors General comments or Director of Criminal Investigations comments on the officers application shall be forwarded to the Commission for consideration.

6.

Conditions for transfers of officers

(1)

An officer appointed in the Service shall be deemed to have agreed to serve in any place in Kenya and transfers shall be in accordance with the terms and conditions of employment in the Service.

(2)

In order to be considered for a transfer, an officer shall serve in a duty station continuously for at least one year and a maximum period of three years.

(3)

In exceptional circumstances the Commission may determine an officer’s transfer without due regard to the period described in paragraph 6(2).

(4)

The Inspector-General shall ensure that an officer being transferred shall be adequately facilitated where applicable.

7.

Notification of transfer

(1)

An officers notification of transfer shall state the officers new station, the date of assumption of duties and details of how the officer shall be facilitated during the transfer.

(2)

An officer will be afforded adequate time to report to new station and the period shall not be less than fourteen days.

8.

Transfers to operational areas

(1)

The Inspector-General shall, in consultation with the Cabinet Secretary, determine areas to be designated as operational areas.

(2)

In case of a vacancy in the office of subordinate officers, in operational areas, respective services and the directorate shall select officers based on the following criteria—

(a)

Non Commissioned Officers shall not be forty five years and above; and

(b)

Constable shall not be forty years and above.

(3)

The Inspector-General and the Commission shall, where possible, ensure that subordinate officers are not re-deployed to operational areas after completion of their first tour of duty.

(4)

A police officers who applies for a transfer shall not be eligible for a transfer allowance.

(5)

A transfer to a hardship area as defined in the existing Government regulations shall be compensated with a hardship allowance.

(6)

Subject to exigencies of the Service, an officer shall be given at least one month notice to prepare for transfer or a relocation allowance, where applicable, equivalent to one month’s basic salary in lieu of notice.

9.

Re-equipment with hardship area uniform

A junior officer who has been selected for transfer to a hardship area in the Service shall be issued with the necessary clothing and equipment at centers of transfer, and shall be paid hardship allowance in accordance to these Standing Orders and any other written law.

10.

Dates of transfer

(1)

Except in exceptional circumstances due to the exigencies of the Service, any transfers shall be made, on the first and fifth day of the month in order to facilitate the prompt payment of salaries of the police officer.

(2)

A transfer shall not be effected unless payment of transfer allowance has been made to the police officer except where funds are not readily available, provisions shall be made to pay within a reasonable period after the transfer.

(3)

Except in exceptional circumstances due to the exigencies of the Service and subject to paragraph (4), transfers shall be made, between the last week of November and the third week of December every year.

(4)

Despite paragraph (3), a commander shall not be precluded from effecting a transfer of an officer in any other month when exigencies of duty demands.

11.

Transfer of specialist branches

(1)

Subject to the provisions of paragraph 7 and 8, officers-in-Charge of specialist branches shall be responsible for affecting the transfer of police officers within their branches.

(2)

Deployment of the General Service Unit, Rapid Deployment Unit, Anti-Stock Theft Unit, Rural Border Patrol Unit and Administration Police Specialised Stock Theft Prevention Unit will be effected by the Inspector General,in liaison with the County Commissioner and the Commandantof the respective Unit, to deploy companies or platoons within the Counties.

(3)

The duration of Services in the General Service Unit, Rapid Deployment Unit, Anti-Stock Theft Unit, Rural Border Patrol Unit and Administration Police Specialised Stock Theft Prevention Unit will be nine years for direct entry recruit constables.

(4)

For all other personnel, it will be in accordance with instructions which may be issued from time to time to time by service Headquarters.

12.

Authority to deploy officers

(1)

Subject to section 10(1)(g) of the National Police Service Act (Cap. 84), the mandate to deploy an office lies with the Inspector-General.

(2)

The inspector-General shall, from time to time or on a need basis, determine the deployment of officers in the service.

(3)

A deployment shall not be used as a disciplinary sanction or as a reward measure.

13.

Period of deployment

(1)

A deployment shall not exceed three months and may be extended from time to time due to operational requirements but shall not be for a period of one year.

(2)

Where deployment exceeds period of one year, the Commission shall consider transferring the officer.

(3)

Any further extension of the deployment period by the Inspector-General shall be with the approval of the Commission.

14.

Transition from deployment

At the end of the deployment period an officer shall be required to undergo counseling sessions as may be determined by the Service for psychological purposes of transition into regular policing.

15.

Secondments and Attachments

(1)

An institution may request the Inspector-General to second or attach member of the Service to the institution for a specified period of time.

(2)

The requests under paragraph (1) shall be made in writing to the Inspector–General.

(3)

On receipt of the request under paragraph (2), the Inspector-General shall within fourteen days consult the Service Board concerning the request made by institution.

(4)

The secondment of an officer shall be done after the confirmation that the institution to which the officer is seconded shall pay the costs of the officer being seconded.

(5)

All secondments or attachments shall be for a period not exceeding three years.

(6)

Any further extension of the secondment or attachment period by the Inspector-General shall be with the approval of the Commission.

16.

Review of transfer regulations by the Commission

The commission may review this Chapter from time to time.

CHAPTER 73 – OPERATIONS MAPS, CRIME AND GENERAL INFORMATION
1.

Operations rooms

(1)

Operations rooms will be maintained at National Police Service Headquarters and respective Service headquarters and the directorate, County or Formation and sub county headquarters.

(2)

The Administration Police Training College and Director Criminal Investigation Training School shall maintain model operations Rooms for instructional purposes.

(3)

A twenty-four hour watch shall be maintained in the Service Headquarters, County or Formation and Sub county Operations Rooms.

2.

Functions of operation room

The functions of Operations Rooms shall be to−

(a)

provide in a clear, standard and readily accessible forms of information concerning the organization and functions of the Service in the Republic, County or Sub county;

(b)

serve as a centre from which operations may be planned and directed;

(c)

collect, collate and disseminate operational and criminal intelligence.

3.

Building and communications

Operations Rooms will be sited so as to receive the maximum benefit from radio and telephone communications.

4.

Manning of operations rooms

(1)

At County or Formation Headquarters an officer not below the rank of Chief Inspector shall be detailed by the local commander as officer-in-charge of the operations Rooms, and shall be responsible for the efficient running thereof.

(2)

At Sub county Headquarters, an officer not below the rank of Inspector will be detailed by the sub county Commander to be in-charge of the Operations Rooms, and he or she shall be responsible for the efficient running thereof:

(3)

County and Sub county Commanders should ensure that all gazetted officers and members of the Inspectorate under their command are fully conversant with the functions of their Operations Rooms and with the information that can be supplied by and is required by the Operations Rooms.

(4)

County or Formation and Sub-county Commanders should also arrange for suitable National Police Reserve Personnel to be trained in the running of Operations Rooms in order that they can man them in times of emergency.

(5)

There shall be authorized establishment of manpower at Respective Headquarters, County or Formation and Sub-county Headquarters Operations Rooms adequate for smooth and efficient running thereof.

5.

Maps to be maintained

(1)

Maps and information proforma shall be maintained at all Operations Rooms in accordance with the requirements laid down in paragraphs 6 to 12 of this chapter.

(2)

Additional information or records meeting local requirements may be maintained in Operations Rooms at the discretion of the County or Formations Commanders.

6.

(1) All county and sub-county operation rooms shall maintain maps showing the information set out in Appendix 73(a).

Place

Scale

Map

Method of Marking

I. County and Sub-county/Operations Rooms.

1:500,000

A map of the republic showing:-

(a) County Headquarter

Pin P1 Blue

(b) All Subcounty/Headquarters within the county,

Pin P2 Blue

(c)All police station within the County

Pin P3 Blue

(d) All police posts within the county,

Pin P4 Blue

(e) Subcounty/Headquarters and Police stations of adjacent Sub-counties in neighbouring Counties,

Pin P2 Blue

(f) County and Subcounty boundaries of the County concerned.

Pin P3 Blue

1:1000,000

Administrative boundaries

Red & Blue line. Red line

1:1000,000

Parliamentary constituencies

All in china graph pencil.

1:1500,000

Kenya Route map

-SK 81A -SK 81C -Sk 118

II. County and Sub-county Operations rooms

1:50,000

(ii) A map of the County and adjacent areas showing:-

(a) Static radio installations H.F and V.H.F with which the operation rooms is in direct contact,

Different coloured pins P4 for each frequency

(b) All Aerodromes, Air-fields and Airstrips within the County and adjacent counties,

Pin P1 yellow

(C) Sub-county and police station boundaries of the county concerned

Pin P4 yellow Red line Blue line

(2)

Urban Municipal Maps-Sub-counties containing municipal or urban areas should maintain a map of area concerned in the scale 1-2,500 in Sub-county Operations Rooms.

7.

(1) Operations Maps for the Force shall be the 1-50,000 scale.

(2)

The operation maps shall be for operation purposes only and County or Formation, Sub-county Headquarters and police stations must be in possession of the sheet, or sheets, appropriate to the area concerned.

(3)

At County or Formation and Sub-county levels, operation maps shall be displayed in the Operations Rooms, and at police station in the appropriate office. Spare copies shall be kept at all levels in folder form in a clearly marked file cover.

(4)

The object of the issue of operation maps is to enable—

(a)

those engaged in operations in the field to identify their position by quoting the grid co-ordinates; and

(b)

those in-Charge of field operations to co-ordinate the movements of forces engaged and to identify their positions on the map.

(5)

Most police officers should be able to quote the grid co-ordinate reference of any place, named or unnamed, on any map and all ranks shall be given frequent lectures on the subject and their proficiency shall be tested from time to time.

(6)

In addition to their operational use, reference to the grid co-ordinates should be made in correspondence when referring to unnamed or little known places.

(7)

As a general rule, the maps shall be available in the following scales—

(a)

Municipalities - 1-2,500;

(b)

Rural areas - 1-50,000;

(c)

Sparsely populated areas - 1-250,000; and

(d)

The largest scale map common to the whole Republic -1-500,000.

(8)

The Department of Survey of Kenya, the County or Formation Commanders and the Sub-county Commanders will make arrangements to purchase the number of maps required from their allocated funds as new maps become available.

8.

Charts showing County/Formation and Sub-county establishment and strength of Police and National Police Reserve personnel will be maintained in accordance with the following proforma-

County Establishment and Strength

National Police Reserve

9.

Establishment and strength (Motor transport establishment and Strength) charts in respect of police transport shall be maintained in County and Sub-county Operations Rooms in accordance with the following Pro-formae—

10.

Establishment and strength – Animals

At the discretion of County Police Officers establishment and strength charts in respect of police animals may be maintained in County or Sub-county Operations Rooms.

11.

Crime graphs

(1)

Crime graphs to indicate the monthly incidence of crime shall be maintained in County and Sub-county Operations Rooms and at all police stations except in formations in the Northern County.

(2)

The comparative "Temperature" type method will be used and the standard graph form is obtainable from the Service Quarter Master Graphs shall be covered with talc and each graph shall show the incidence of the particular type of crime for the two previous years and for the current year.

(3)

To achieve the constant cycle of red, blue and green china graph pencils shall be used.

(4)

Graphs shall—

(a)

indicate the number of cases reported during each month and this number will be written on the talc in the relevant colour close to the point where the incidence line crosses the month line; and

(b)

be maintained separately under the following headings—

(i) burglary;
(ii) house breakings;
(iii) other breakings;
(iv) robbery with violence (where firearms used);
(v) other robberies;
(vi) stock thefts;
(vii) offences against the person;
(vii) total offences under the Penal Code (Cap. 63);
(ix) dangerous drugs offences;
(x) total offences under the Local and Special Laws;
(xi) total Traffic offences (in respect of the cases taken up by Traffic Branch or Patrol Bases and by police stations with a traffic establishment or where personnel are employed on traffic duties).
(5)

In areas where a particular type of crime is prevalent, County/Formation Commanders may order that special graphs be maintained in respect of such crime.

12.

Crime States - Form P. 165

(1)

Daily and monthly Crime States (From P. 165) will be maintained at County or formation and Sub-county Operations Rooms and police stations, on which will be entered the true crime state for the County/Formation, Sub-county and police station respectively.

(2)

At County or Formation Headquarters separate states will be maintained in respect of each Sub-county in the County.

(3)

The Form P.165 will be covered with a sheet of talc and the crime figures brought up to date daily in china graph pencil.

(4)

The following totals will be shown—

(a)

monthly total for each month of the year enter the total number of true cases reported during that month;

(b)

running total maintain a running total of true cases reported up to the end of each month and adjust the figures monthly as the total increases throughout the year;

(c)

as at 00.01 hours on the 1st January, transfer the running total to the grand total column and wipe off the monthly and running total figures;

(d)

grand total show the grand or final total for the preceding year as at 00.01 hours on the 1st January and this figure should remain for comparison purposes until the end of the year;

(e)

daily total enter cases reported under the date on which the report is made. Adjust figures as necessary for any cases which are expunged, advising Sub-county Headquarters who, in turn, will advise County Formation Headquarters; and at the end of each month (up to 00.01) hours on the first of the following month) carry the daily total forward on the monthly total column and then wipe off the daily figures ready for the new month.

(f)

in addition to the totals required by h (4) the daily average of reported crime will be recorded on Form P.165.

(5)

Two serials under the offence heading on the Form P.165 are blank and are provided in case additional statistics are required by County Formation Sub-county or Station Commanders and when these serials are used the figures recorded therein must not be shown under any other crime heading on the form.

(6)

The offences to be recorded against the various headings as printed on the Form P.165 are—

(a)

murder (including attempt) section 203, 221 210, 220 and 222 of the Penal Code (Cap. 63);

(b)

manslaughter-section 202 of the Penal Code (Cap. 63);

(c)

(rape (including attempt)-section 140 and 141 of the Penal Code (Cap. 63);

(d)

assault – section 231, 234, 250, 251 and 253 of Penal Code (Cap. 63);

(e)

other offences against the Person-section 173;

(f)

Chapter XXIII of the Penal Code (Cap. 63) other than sections 245 and 249;

(g)

Chapter XXV of the Penal Code (Cap. 63);

(h)

robbery and allied offences-sections 279 295, 296, 297 and 298 of the Penal Code (Cap. 63);

(i)

breaking-sections 304, 306 and 307 of the Penal Code (Cap. 63);

(j)

cattle theft-section 278 of the Penal Code (Cap. 63) when a bull, ox, cow or the young thereof is stolen;

(k)

theft of other stock-section 278 of the Penal Code (Cap. 63) when stock other than a bull, ox, cow or the young thereof, as defined in section 278 is stolen;

(l)

theft over kshs. 400. 00-sections 275 (where value exceeds shs. 400.00), 276 and 277 of the Penal Code;

(m)

other theft-sections 275 (where value is less than sh.400), 279(b), 279 (d) 279 (f) 279 (g) of the Penal Code (Cap. 63);

(n)

theft from vehicles - section 279(c) (theft of parts of vehicles, 275) of the Penal code (Cap. 63);

(o)

theft of bicycles - section 275 of the Penal Code (Cap. 63);

(p)

theft of produce - section 275 of the Penal Code (Cap. 63);

(q)

theft by servant - section 280 to 284 of the Penal Code (Cap. 63). Receiving - section 322, 323, 324 and 326 of the Penal Code (Cap. 63);

(r)

other offences against property - section 299, 300, 301, 302, 305, 309 and 311 of the Penal Code (Cap. 63);

(s)

Chapters XXVII, XXX, XXII and XXXII of the Penal Code (Cap. 63);

(t)

section 10, Stock and Produce Theft Act (Cap. 355);

(u)

all other Penal Code Offence Section 39, 170, 171,226, 245 and 249 of the Penal Code (Cap. 63);

(v)

Chapters VII, VIII, IX, X, XI, XII, XIII, XIV, XVII, XXXV, XXXVI, XXXVII, XXXVIII and XXXIX of the Penal Code (Cap. 63).

(w)

section 3, 4 and 6 of the Prevention of corruption (now Repealed).

(7)

The County or Formation Operations Rooms where daily, monthly crime states (Form P. 165) is maintained will submit daily true crime statistics as recorded on Form P.165 to Police Headquarters Operations Room where the daily and monthly crime states will be maintained.

(8)

County Criminal Investigation officers will compile a monthly appreciation of crime for their Counties which will be forwarded under a general appreciation prepared by County Police Officers in terms of Paragraph (a) to the Director of Criminal Investigation, Department Headquarters, Nairobi by the fifth day of the month following that under review.

(9)

The monthly appreciation of crime shall contain comments on—

(a)

rise and fall of crime as a whole or of any particular type of crime and the reason, or reasons, thereof;

(b)

action taken or contemplated to combat any rise of crime;

(c)

cases of note, reported during the month under review;

(d)

the effect of current politics on crime.

(10)

A copy of monthly appreciations of crime will be filed in County Formation Operations Rooms for ready reference.

13.

Establishment and Strength Charts

The following charts shall be maintained at County or Formation and Sub-county Headquarters offices, in addition to the requirements for Operation Rooms—

(a)

County, Formation or Sub-county establishment andstrength of police personnel in similar form to that laid down in paragraph 8 (i) and 8(ii);

(b)

County or Sub-county establishment and strength ofNational Police Reserve personnel in similar form to that laid down in paragraph 8(i) and 8 (ii).

15.

Charts graphs, etc., at Police stations

At a police station, the following boards, maps, graphs among others, shall be maintained in accordance with the instructions given hereunder—

(a)

establishment and strength state showing only the numerical establishment and strength of Police personnel at the station.

ESTABLISHMENT

STRENGTH

Chief Inspector

Inspector

S/Sergeant

Sergeant

Corporal

Constable

TOTAL

(b)

crime maps

(a)

Two maps of the scale 1:50,000 (or larger in municipal areas) of the area concerned will be displayed at each police station.

(b)

where prevalent types of crime shall be flagged with Pin P5 according to the needs of the individual station and a printed legend will be maintained beside the maps of these two maps, one will show the crime for the current quarter and the second the crime for the previous quarter, for comparison purposes. Therefore, at the end of each quarter the pins will be removed from the map on which the crime for the previous quarters was flagged.

(c)

crime graphs in accordance with the provision of paragraph 11 above;

(d)

crime states (From P. 165) in accordance with the provisions of paragraph 12 above.

16.

(1) All traffic section and police station with a traffic establishment or where personnel are employed exclusively on traffic duties shall maintain an accident map on which will be flagged the accidents which are reportable to the police under the provisions of section 73 of the Traffic Act.

(2)

These accident maps will commence with effect from the 1st January, and will show the accidents occurring during the year.

(3)

The following legend will be used—

(a)

fatal injuries-Pin P5 Red;

(b)

serious injuries-Pin P5 Blue;

(c)

slight injuries-Pin P5 Green; and

(d)

animals-Pin P5 Black.

(4)

In addition, "Temperature" type graphs as described in paragraph 11 will be maintained in respect of all reportable accidents.

(5)

Pillar graphs, utilizing the same colours as in h (1) will be maintained to show fatal, serious and slight injuries to persons and injuries of any kind to animals.

17.

General information map and register

(1)

A general information map and register shall be maintained at all police stations.

(2)

This map and register shall be updated by the officer in charge of the station, and will contain the information and particulars as shown in paragraphs (18 or 20) as appropriate), together with such other information considered by the station commander to be of sufficient value to record.

(3)

Information which is liable to change shall be entered in pencil.

18.

General Information Map

The general information map shall contain—

(a)

boundaries of police station area;

(b)

position of police posts in the area and their areas of responsibility;

(c)

patrol areas;

(d)

all roads and bridges in the area;

(e)

railways and railway stations;

(f)

landing strips;

(g)

positions of—

(i) hospitals;
(ii) dispensaries;
(iii) D.C’s or D.O’s headquarters;
(iv) prisons;
(v) detention camps;
(vi) chief’s camps;
(vii) markets;
(viii) missions of emergency;
(ix) places of special vulnerability; and
(x) other places of importance.
19.

General information Sheet

(1)

A general information sheet will be placed at the side of the map and shall provide the following information—

(a)

area of station in square kilometres;

(b)

population—

(i) Africans;
(ii) Asians;
(iii) Europeans
(c)

number of sub-locations or farms;

(d)

names addresses and telephone numbers of the nearest—

(i) doctor;
(ii) hospital health centres;
(iii) ambulance;
(iv) administrative officer; and
(v) Magistrate.
(2)

As the general information map and sheet will give all necessary particulars of important places, there is no need to make sketch plans of the area in the register, which should be used entirely for recording information of value in powering the area.

20.

General information registers

(1)

General information registers shall be maintained at all police stations.

(2)

These registers under paragraph (1) shall be loose leaf form and, according to the type of area, that is, whether the entry is in respect of an area where a peasant type of agriculture is practised or an area consisting of a larger holding of, say, 50 acreas or more the entries shall conform to either column A or B below.

A (Peasant Areas)

B (Larger Holdings)

(i) Location or sub-locationnumber or name, giving

(i) Land Office numberand name of farm,

(ii) Chief's name and record

(ii) Owner's name.

(iii) Names and Brief particulars

(iii) Name of manager of Assistant Chief (if any).

(iv) Population, with special reference to non-indigenous.

(iv) Number of persons employed by race composition

(v) Communications:-(a) Post Offices(b) Telephones(c) Radio installations

(v) Communications:-(a) Post Office box number(b) Telephone number(s)

(vi) Cultivation, with special larger areas of cultivation of cash crop as a result of land consolidation.

(vi) Types of crops and reference approximate acreage.

(vii) Stock, a brief general note on the amount of stock in the area, with special references to large stock owners.

(vii) Stock, approximate number of stock, by types, on the property with mention of stock owned by resident employees.

(viii) Brands (if any) giving names of registered holders.

(viii) Farm brand.

(ix) Political societies or trade unions, their objects or and aims, and names of office bearers.

(ix) Any information on branches

(x) Religious and educational institutions, i.e. missions churches, schools, etc, with names of principals and denominations. Mention to be made of any hospitals or dispensaries maintained.

(x) Religious and educational institutions, e.g. churches chapels, schools, etc, situated on the property.

(xi) List of all persons holding firearms, full particulars arms and of ammunition held.

(ix) List of all persons holding particulars of ammunition held

(xii) A note on the amount of commercial transport in the area with particular reference to fleet owners

(xii) Number and description of motor vehicles owned.

(xiii) List of trading centres, special reference being made to licensed premises.

(xiii) Number of shops and licensed premises on the property giving names of licence.

(xiv)

Any other information which might be of assistance in policing the area, such as—

(a)

previous history of well known person (owners, chiefs, Assistant Chief);

(b)

government Department situated permanently or semi-permanently in the area or on the Property;

(c)

sketch plans of large properties or trading centres, where considered necessary;

(d)

distance from police station of important places;

(e)

areas in acres or square miles of property or location;

(f)

places of importance or interest and of vulnerability in times of emergency;

(g)

members of National Police Reserve and their contacts; and

(h)

details of the grave of any deceased police officer showing in which cemetery the grave is located, the number of the grave and the name of the deceased police officer.

21.

(1) The following types of pins will be used—

(2)

Crime graphs and crime states will be marked in the manner laid down in paragraph 11 and 12 respectively.

1.

Introduction

The National Police Service shall comply with all Regulations made for the better carrying out of the National Police Service Commission Act (Cap. 85), National Police Service Act (Cap. 84), Independent Policing Oversight Authority Act (Cap. 86) and any other relevant laws.

2.

Regulations by the Inspector-General

Regulations made by the Inspector General in exercise of powers conferred by section 125 of the National Police Service Act (Cap. 84) shall include the following matters—

(a)

Community Policing;

(b)

Handling of information;

(c)

Powers to erect barriers;

(d)

Private use of police officers;

(e)

Lawful use of force;

(f)

Police records;

(g)

Special police officers;

(h)

Conditions as to use of firearms;

(i)

Uniform keeping of records; and

(j)

Use of Firearms or Security equipment of foreign service in Kenya.

3.

Regulations by the National Police Service Commission

Regulations made by the National Police Service Commission in exercise of powers conferred by section 10 and Section 28 of the National Police Service Commission Act (Cap. 85), section 124 of the National Police Service Act (Cap. 84) shall include the following matters-

(a)

recruitment; Appointment; Types of Appointment and Respective conditions; Appointment on probation; Letters of appointment; The employment of civilian staff within the service;

(b)

transfers;

(c)

promotions;

(d)

disciplinary control; Disciplinary procedures;

(e)

collaboration with the Internal Affairs Unit;

(f)

terms and Conditions of service;

(g)

schemes of service and standards to be employed for succession management, Standards and qualifications required by members of the service on a rank to rank basis;

(h)

retirement procedures and packages;

(i)

the conduct of investigations on non-criminal matters;

(j)

regulation the hours of duty for police officers and the keeping and signing of records of attendance;

(k)

regulation and coordinating duties to be performed by the police officers;

(l)

regulating the granting of leave to police officers;

(m)

the 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, the Public Officer Ethics Act, the Leadership and Integrity Act, and establish an audit mechanism to oversee its compliance;

(n)

regulations on recognition of Police Associations;

(o)

reserve Police;

(p)

guidelines for nomination, appointment removal from office vacancy of members of County Policing Authority;

(q)

how to promote the national values, ethics and anti-corruption and regulations around developing a code of conduct for the service;

(r)

approve training curricula and provide oversight over training in the Service;

(s)

guidelines on examination and certification of police trainees;

(t)

special Police Officers;

(u)

certificate of appointment;

(v)

anti-discrimination and affirmative action;

(w)

restrictions on resignations; and

(x)

leaving the service.

4.

Regulations by the Independent Policing Oversight Authority

Regulations made by the Independent Policing Oversight Authority in exercise of the powers conferred by section 39 of the Independent Policing Oversight Authority Act, 2011 shall include the following matters-

(a)

lodging of Complaint and Investigation;

(b)

the mode of bringing complaints before the Authority;

(c)

the rules relating to the initiation, hearing and disposal of complaints;

(d)

the procedures of taking over of internal police investigation;

(e)

generally for the good order and management of the Authority.

5.

Regulations by the Cabinet Secretary

Regulations made by the Cabinet Secretary in exercise of the powers conferred by section 126(2)(c) of the National Police Service Act (Cap. 84) shall include the following matters—

(a)

promotion of human rights by the service; and

(b)

accessibility of police premises and equipment thereof to enable them assist children.

6.

Regulations by the National Government

Regulations made by the National Government and its agencies on matters affecting the National Police Service including—

(a)

finances; and

(b)

procurement.

7.

Gazetted Regulations

All gazetted regulations made for the better carrying out of the National Police Service Commission Act (Cap. 85), National Police Service Act (Cap. 84), Independent Policing Oversight Authority Act (Cap. 86) and any other relevant laws shall form part of Service Standing Orders.

8.

Updating Regulations

Outdated or inadequate Regulations should 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 Regulations and police officers shall be responsible for implementing them upon notification.

9.

Each entity within the National Police Service will receive gazette copy of the Regulations for updating their copy of the Service Standing Orders as issued by the Inspector-General from time to time. The Regulations will be made available on the National Police Service computer network and website.

Introduction

1.

The National Police Service shall develop and publish special operational manuals for members of the Service for greater understanding of procedures in their specific Formations, Units or Components.

2.

The purpose of operational manuals shall be to provide information and uniform standards practice in the Service.

3.

Operational manuals shall comply with the Constitution of Kenya, the National Police Service Commission Act (Cap. 85), National Police Service Act (Cap. 84), Independent Policing Oversight Authority Act (Cap. 86) and any other relevant laws.

4.

Operational Manuals

The annex on operational attached to Part IV sets out manuals that shall be developed to form part of the Service Standing Orders by the respective heads of directorate, formations, units, and components. The annex may be updated from time to time as need arises.

5.

Approval of Manuals

The Inspector General shall approve and gazette all operational manuals. Each entity within the National Police Service shall receive sufficient copies of the approved manuals. The manuals shall be made available on the National Police Service computer network and website.

6.

Review of Manuals

The respective heads of formations, units and components shall be responsible for the reviewing and updating of manuals. They shall also be responsible for notifying and training members of the Service of new or revised Manuals and Members of the Service shall be responsible for complying with the manuals upon notification.

7.

Manuals to inform training and inspector

The operational manual as approved by the Inspector-General shall inform;

(a)

The development of content in training modules weekly lectures and examination

(b)

The competencies in the curriculum to be acquired by trainees must in the conformity with principles and concepts in the manuals

(c)

Inspection will be carried out to determine adherence to the provisions of the manual

Annex: List of Operational Manuals

Manual

Formation/Unit/Component/Department/Directorate

Arms and Ammunition

Arrest and Detention Rules

Bomb Threats

Change of Command

Chaplaincy

Civilian Firearms Control

Community Policing

Complaint Procedure

Conducting Interviews of Victims of Crimes, Suspects and Witnesses

Control of Traffic

Correspondence and Handling Information

Counselling

Courts and Committee of Inquiry

Courts, Prosecution of Offenders and Handling of Evidence

Criminal and Civil Processes

Discharge, Resignation and Retirement

Discipline

Dress Regulation

Escorts, Patrol and General Duties

Evidence and Property (exhibits, lost and found property)

Examinations and Promotions

Extradition of Offenders

Fleet Management

Formation, Units and Components Management

Gender

General Power of Police Officers

Government Financial Regulation and Procedures

Guards, Sentries, Honors, Compliments and Flags

Guidelines of Criminal Investigations

Guidelines on Disaster and Emergency Response and Management

Identification of Police Officers

Inspections

Integrity and Ethics (Bribery, Code of Conduct)

Juvenile and Children

Lawful Use of Force and Firearms

Leave

Lines

Mobile Phone Use

National Police Service Air Wing

Off Duty Officer Responsibilities

Orders, Decorations and Medal

Police Animals

Police Association

Police Communication

Police Dog

Police Duties at Elections

Police Reserve

Police Station Management

Prisoners and Accused Persons

Private Use of Police

Public Events

Public Information

Public Order Management

Records- County, Formation, Sub-County Headquarters, Station and Posts

Recruitment, Appointment and Enlistment

Relations with Diplomatic Corps in Kenya

Reports and Returns

Rules for the National Police Service Rifle Meetings General Regulations

Service Administrative Orders

Service Armourers Branch

Service Welfare

Sexual Harassment

Sickness, Injury or Death of a Police Officer

Special Police Officers

Stores

Traffic Management

Training

Transfers

Annex: Paralegal forms, books and registers

1.

The Annex on paralegal documents attached describes Gazetted National Police Service Forms, Books and Registers and their purpose that form part of the Service Standing Orders. The Annex may be updated from time to time as need arises.

2.

Generally the purpose of these documents is for-

(a)

giving effect to provisions of the law, regulations and administrative circulars;

(b)

offer a framework for records and documentation of police administrative and operational processes in pursuit of performance of the National Police Service statutory mandate; and

(c)

promote and enhance accountability of the Service.

3.

Paralegal documents shall be used in all instances that they are required in any law, regulations, orders, and administrative circulars. It shall be a criminal and disciplinary offence under the law not to use the paralegal documents as required.

The benefit of law enforcement is measured by its contribution to the welfare of society, by its concern for excellence, and by the ability of its members to uphold high standards of professional and ethical practices, and respect for human rights. A key pillar of this is a robust guideline, regulation and operational framework which instill discipline and professionalism in the everyday work-life of the National Police Service.

The National Police Service Standing Orders are administrative orders for the general control, direction and information of the Service. The purposes of these Service Standing Orders are to elevate the standards of the Service and to strengthen public confidence in the Police Service; to encourage police officers to appreciate fully the total responsibilities of their duty; to earn the support and cooperation of the public, and to ensure the effectiveness of the Service to society.

Members of the Service must always be guided by various principles and standards which are elaborated in the Article 232 of the Constitution, Service Standing Orders, and other laws governing the Police. Some of the principles include:-

(a)

Responsibility

A police officer shall be committed to the welfare of the public through the rule of law and professional service; he/she shall place high value on objectivity and integrity, and maintain the highest professional and ethical standards in providing service to members of the public.

The officer respect and where necessary protect the dignity and human right of the individual and the rights and fundamental freedoms of all persons in accordance with the Constitution. He/she is entrusted with powers to enforce any written law of the country and to carry out this mandate with courtesy, fairness, consideration and compassion.

All police officers must carry out their duties in a manner which is consistent with the highest degree of professional effectiveness, responsibility and dignity.

(b)

Competence

Professional competence must be an obligation shared by all police officers in the Service, in the interests of the public and of the Service as a whole, from recruitment, enlistment, appointment and throughout their careers.

Police officers shall strive to attain high academic qualifications and training throughout their careers. While education and training are critical to skills and competence, such personal development equips officers to meet the ever-increasing demands of the Service.

Where compatible with respective Services or Directorate functions and mandate, command and supervisory officers shall develop ongoing, timely programs and trainings that encourage and assist officers in pursuit of higher education and skills development.

(c)

Professionalism

All police officers shall show regard for the ethical and moral expectations of the community they serve. At all times the Service shall uphold and adhere to the values and standards of the public service. Police officers shall be aware that unethical behavior has far reaching impact on all police officers and the Service as a whole. All police officers shall conduct themselves in a manner that brings credit to the Service.

Members of the Service shall strive to prevent unethical behavior such as fabricating, altering or withholding evidence, theft, graft and acceptance of bribes.

Police officers who observe misconduct by any colleague shall determine the facts of the case, rectify the situation and if appropriate to report the case to the immediate supervisor or to Internal Affairs Unit for investigation and disciplinary action. Police officers who fail to take legally prescribed action when confronted with the misconduct share the burden of offences against discipline. Any form of misconduct constitutes ground for disciplinary action.

(d)

Public Statements

Truth, objectivity and due regard for the rights and privacy of the individual must characterize all statements of police officers who supply information to the public, either directly or indirectly.

In regard to court testimony, police officers shall present evidence honestly and without bias or prejudice. The sole objective shall be to give evidence as the officer has knowledge of it. The officer shall not identify with the prosecution or defense, but provide evidence on the basis of facts.

Safeguarding information about an individual or a group that has been obtained by police officers in the course of duty or investigation is a primary obligation of the officer. Such information should not be communicated to others unless specified conditions are met.

No information shall be maintained or transmitted to another person about the private life of an individual which does not relate specifically to the problem of law violation.

Security and privacy shall be assured to all individuals whose records are maintained in order that such records are used only in criminal justice proceedings, subject to the requirements of the Service Standing Orders and other applicable laws.

Information on individuals shall not be processed or integrated with other record systems except to inform criminal justice institutions on matters pertaining to law violation.

Only those with a legal right of access shall have access to any police records.

(e)

Professional Relationships

In the interest of harmony and efficient public service Police officers shall maintain high standards of conduct in relationships with all fellow officers, colleagues in other organizations within the criminal justice system and those in other public service institutions. The officers must maintain professional confidence as a trust.

When engaged in official duty, the police officer is obligated to inform individuals on the nature of their relationship except in instances where doing so would defeat the ends of justice.

It is unethical for any officer or Service, Unit, Formation or Component to establish a protective allegiance with individuals so as to obscure personal complicity in a criminal act.

It is the professional responsibility of the officer to develop effective referral systems for non-criminal actions coming to their attention.

"Accounting Officers" means the Permanent Secretary/Head of Department appointed by the Permanent Secretary, Treasury to take full responsibility on the finances, assets and liabilities of the respective Ministry/Department;

"Accused" means a police officer accused of an offense against discipline;

"Acting Capacity" means temporary conferment upon a member of the Service, the power to perform duties of an office other than the office the member is substantively appointed to hold, while the member continues to hold the substantive appointment;

"Administration Police Officer" means a police officer appointed to serve as a police officer in the Administration Police Officer;

"Administration Police Service" means the Service established under Article 243(2)(b) of the constitution of Kenya, 2010;

"Affirmative Action" means any measure designed to overcome or ameliorate an inequity or the systemic denial or infringement of a right or fundamental freedom;

"Ammunition" means any cartridge, whether a blank, tracer, explosive, incendiary, gas-diffusing, signaling or any other cartridge of any other kind capable of being discharged from or used with a firearm;

"Appeal" means an appeal lodged with the National Police Service Commission, seeking for a review of a decision or action that has already been taken against a member of the National Police Service;

"Appointment" means a formal conferment or notification of employment and includes appointment, acting appointment, reappointment, promotion and transfer;

"APS Ward Commander" means the officer in-charge of the Administration police Service at the Ward Command. He/she shall exercise Command and administrative function;

"Area" includes a geographical area, village, residential estate, location, ward or community of interest as may be identified by the County Policing Authority for the purposes of Community Policing;

"Arms" means to use force and includes firearms;

"Armoury" means a secure place for the storage of weapons, arms and ammunition;

"Arrest" means the act of apprehending a person for suspected commission of an offence or by the action of legal authority. A person is has been arrested if a reasonable and innocent person in the suspect's position would believe that he or she is not free to leave;

"Arrest Warrant" means a written order issued by a judge, magistrate, or other proper authority that commands a police officer to place a person under arrest;

"Assignment" means the allocation of specific duties to an officer;

"Audit" means a control measure to verify whether relevant policies and regulations have been complied with for purposes of ensuring professional, consistent and uniform procedures for everyone seeking to enter the National Police Service, being disciplined or leaving the National Police Service;

"Authority" means Independent Policing Oversight Authority established under Section 3 of the Independent Policing Oversight Authority Act 2011;

"Authorized Officer" means an officer of or above the rank of Inspector who initiates action on his own or directs action to be taken or takes action upon receiving instruction from a superior officer.

"Award" means decorations which recognize service and personal accomplishments while a member of the Service;

"Badge" means a nametag or identifiable service number badge;

"Barricade" means an improvised barrier erected across a street or roads, access routes, other thoroughfare to prevent or delay the movement of people and other items;

"Basic Salary" means an officer’s salary excluding allowances;

"Bomb Threats" means a threat usually verbal or written, to detonate an explosive or incendiary device to cause property damage, death, or injuries whether or not such a device exists;

"Bon Vacantia" means property not disposed off in a will and to which no next-of-kin is entitled under intestacy law e.g. where someone dies without an heir and having made no will;

"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to the police;

"Cartridge" means any case, capsule, shell, pellet or bag of metal, pasteboard or other material, holding a complete charge for a firearm and including in the case of any firearm fired from the shoulder or of any pistol or revolver the projectile discharged there from;

"Cash bail receipt" means an official receipt issued by officers in charge of the police station from both services in acknowledgement of money received as cash bail;

"Certification" means the document that proves the trainee participated in the training and passed the examination successfully and ‘certified’ and ‘certificate’ shall be construed accordingly;

"Certificates of Appointments" means the certificate issued by the National Police Service on contain a photograph of the Officer, the Officers’ Service identification number, the rank and the service and unit of assignment for the purposes of identification;

"Certification of Participation" means the trainee participated, but does imply proof of successfully passing any examination;

"Chain of Evidence" means the continuity of the custody of physical evidence from time of original collection, processing, production in a judicial proceeding to final disposal;

"Change of command" means and includes "the smooth transition of authority and responsibility from one officer to another with a clear handing over process;

"Chaplain" means a cleric appointed by a registered religious organization and licensed by the Attorney General with high spiritual and moral standards to offer spiritual nourishment to police officers and their families;

"Chaplaincy" means religious nourishment to all members of the Service and their families;

"Chaplaincy board" means the board responsible for chaplaincy matters in the Service;

"Child" Means any human being under the age of eighteen (18) years;

"Children" means the biological offspring or legally adopted child under the age of twenty two (22) years who are unmarried and are wholly dependent on the officer. For purpose of records, the names of the children must be declared at the time of birth or adoption if it occurs during employment in the Civil Service. Copies of birth certificates or legal adoption papers will be required in either case;

"Citizen Contact" means an encounter between a police officer and a citizen that may be initiated by the officer for any reason and during which the citizen is free to leave at any time;

"Civil Servants" means employees of Public Service Commission of Kenya deployed in Ministries/Departments;

"Civilian" means a person who does not carry policing functions and duties, and is not authorized to use police powers as provided for in the National Police Service Act (Cap. 84);

"Code" means the Code of Regulations;

"Code of Conduct" means the National Police Code of Conduct;

"Commander" means Officer-in-Charge;

"Commission" means the National Police Service Commission of Kenya, established under Art 246 of the Constitution;

"Committee of inquiry" means an assembly of officers of the National police Service appointed to enquire a specific matter affecting the whole Service, respective Services, Units, Directorates and Formations;

"Community Policing" means the approach to policing that recognizes voluntary participation of the local community in the maintenance of peace and which recognizes that the police need to be responsive to the communities and their needs, its key element being joint problem identification and problem solving, while respecting the different responsibilities the police and the public have in the field of crime prevention and maintaining order;

"Community Policing Committee" means a committee elected by a community policing forum in accordance with Section 98(4) of the National Police Service Act (Cap. 84), for the purposes of coordinating, leading and representing the forum;

"Complaint" means a complaint by any person alleging misconduct by one or more members of the service;

"Complainant" means a person lodging a complaint;

"Compliments" means a remark or act expressing praise, admiration and or recognition of Authority;

"Convening Authority" means the Inspector General or the County Commander;

"County commander "Includes the officers in charge of formations, units, directorates and such other officers as may be designated by the Inspector-General;

"Court" means a court of competent jurisdiction;

"Court of inquiry" means an assembly of two or more Gazetted officers of the National Police Service directed to collect and record evidence and, if and as required, to make a report with regard to any matter which may be referred to them;

"Court Order" means and includes Warrants, Summons, Evictions, Prohibition orders and Distress warrants;

"Convening Orders" means written instructions issued by the Convening authority with specific terms of reference;

"Correspondence" means communication by the exchange of letters;

"Criminal" means a person who has committed a crime;

"Critical incident/Emergency" means any sudden event or situation that involves actual, threatened, witnessed or perceived death, serious injury, damage, or threat to the physical or psychological integrity affecting an individual, group , property and or their interests that requires the implementation of special arrangements by one or more of the emergency services;

"Cruel, Inhuman and degrading Treatment or Punishment" means a deliberate and aggravated treatment or punishment not amounting to torture, inflicted by a person in authority or the agent of the person in authority against a person under his custody, causing suffering, gross humiliation or debasement to the person;

"Curriculum" means the entire training schedule and what is included per topic or module as well as its contents;

"Dangerous Goods" means any explosive substance and any other goods, whether explosive or not, which by reason of their nature are liable to endanger the safety of the aircraft or persons on board the aircraft;

"Deadly force" means the degree of force, which is likely to produce death or serious bodily injury;

"Deployment" means a temporary movement of an officer from one station to another f or a specific assignment and in which, administratively, the person remains with the original station and pay code;

"Deputy Inspectors-General" means the Deputy Inspectors-General appointed in accordance with Article 245 of the Constitution of Kenya and the National Police Service Act (Cap. 84);

"Diplomatic Corps" means the collective body of foreign diplomats accredited to a particular country or body;

"Directorate" means Directorate of Criminal Investigations established under Section 28 of the National Police Service Act (Cap. 84);

"Discharge" means a member of the Service is released from his or her obligation to serve;

"Disciplinary Action" means imposition of any punishment against a member of the Service on account of breach of any code of conduct or misconduct;

"Disciplinary Proceedings" means proceedings under Part IX of the National Police Service Act (Cap. 84);

"Discretion" means freedom to act or judge on one’s own within the limits set by laws and policies and the Service Standing Orders;

"Discrimination" means treating someone unfairly because they happen to belong to a particular group, tribe, gender, sex, race, religion e.t.c.;

"Dismissal" means the member of the service is ordered to leave the Service on disciplinary grounds and loses the right to a pension or any benefit;

"Distribution" means the assignment of police officers to work in police posts and stations, across certain areas;

"Dog Handler" means any police dog handler but should also include police officers who are allocated police dogs prior to initial training and also any member of police staff who handle police dogs in an operational capacity;

"Emergency response" means a series of appropriate actions and precautions in the event of an incident or disaster aimed at providing immediate assistance;

"Officer immediate supervisor; means an authorized officer;

"Officer incharge" an authorized officer;

The Code of Regulations is formulated with due regard to gender; thus where reference is made either to ‘he’ or ‘she’ only, it shall be construed to mean and include reference to both ‘he’ and ‘she’ and where reference is made to spouse, it shall be construed to mean and include reference to both ‘husband’ and ‘wife’ where applicable and vice versa.

NOTIFICATION ON PROHIBITION, POSSESSION OF ARMS AND SURRENDER OF SUCH ARMS) (TURKANA, ELGEYO MARAKWET, BARINGO, WEST POKOT, SAMBURU AND LAIKIPIA COUNTIES, ORDER, NO. 1 OF 2023

ARRANGEMENT OF PARAGRAPHS

1.

Citation

2.

Application

3.

Effective dates

4.

Restriction

EXTENSION FOR THE DECLARATION OF PARTS OF KILIFI COUNTY AS A DISTURBED AREA

ARRANGEMENT OF SECTIONS

1.

MALINDI SUB-COUNTY

THE PUBLIC (NOTIFICATION ON PROHIBITION, POSSESSION OF ARMS AND SURRENDER OF SUCH ARMS) (TURKANA, ELGEYO MARAKWET, BARINGO, WEST POKOT, SAMBURU AND LAIKIPIA COUNTIES) EXTENSION ORDER, NO. 4 OF 2023

ARRANGEMENT OF SECTIONS

1.

Citation

2.

Application

3.

Declaration Period

4.

Restriction

THE PUBLIC (NOTIFICATION ON PROHIBITION, POSSESSION OF ARMS AND SURRENDER OF SUCH ARMS) (TURKANA, ELEGEYO MARAKWET, BARINGO, WEST POKOT, SAMBURU AND LAIKIPIA COUNTIES) EXTENSION ORDER NO. 5 OF 2023

ARRANGEMENT OF PARAGRAPHS

1.

Citation

2.

Application

3.

Declaration Period

4.

Restriction