Kenya Police Act | KPS Act Pdf Download

Kenya Police Act

Kenya Police Act – Details:

THE POLICE ACT
Commencement: 1st February, 1961
An Act of Parliament to provide for the functions, organization and
discipline of the Kenya Police Force and Kenya Police Reserve, and
for matters incidental thereto
Part I—Preliminary
1. This Act may be cited as the Police Act.
2. In this Act, unless the context otherwise requires—
“arms” include firearms;
“Commissioner” means the Commissioner of Police appointed
under the Constitution;
“Force” means the Kenya Police Force, referred to in section 3,
including the Reserve;
“gazetted officer” means a police officer holding one of the ranks
specified in Part I of the First Schedule of this Act;
“inspector” means a police officer holding one of the ranks
specified in Part II of the First Schedule of this Act;
“police officer” means an officer of the Force;
“police station” means a post or place appointed by the
Commissioner, by notice in the Gazette, to be a police station;
“Reserve” means the Kenya Police Reserve referred to in section
53 of this Act;
“reserve police officer” means an officer of the Reserve;
“subordinate officer” means a police officer holding one of the
ranks specified in Part III of the First Schedule of this Act.
Part II—Constitution and Administration
3. (1) The Kenya Police Force shall consist of such maximum
number of officers as shall be determined from time to time by the
58 of 1960,
15 of 1961,
L.N. 399/1963,
L.N. 124/1964,
29 of 1968,
L.N. 119/1973,
10 of 1983,
L.N. 7/1990,
L.N. 10/1997,
2 of 2002.
Short title.
Interpretation.
29 of 1968, s.2.
Composition of the
Force.
CAP. 84 6 Police [Rev. 2010
President.
(2) The Force shall consist of the ranks set forth in the First
Schedule, and police officers shall have seniority according to their
position in the Schedule.
(3) The Minister may from time to time, by notice in the Gazette,
amend the Schedule.
4. (1) The Commissioner may delegate any of the powers
conferred upon or vested in him by this Act or, unless a contrary intention
appears, by any other written law, to any gazetted officer of or above
the rank of senior superintendent.
(2) Without prejudice to any power vested in the Commissioner
(whether or not delegated under subsection (1)), the control of the
Force in any province, district, area, place or unit shall be vested in
such police officer as may be appointed by, or under the directions of,
the Commissioner for that purpose.
5. (1) The Commissioner may issue administrative orders, to be
called Force standing orders, not inconsistent with the Constitution or
the provisions of this Act or of any regulations made thereunder, for the
general control, direction and information of the Force.
(2) Force standing orders shall not require to be published in the
Gazette.
6. (Repealed by L.N. 399/1963.).
7. Every police officer shall on being enlisted make and sign
before some officer authorized by law to administer oaths or before
the Commissioner, in English or in some other language which he
understands, and in such manner as he may declare to be most binding
on his conscience, the oath or the affirmation set forth in the Second
Schedule.
8. A certificate of appointment in such form as may be prescribed,
signed by such gazetted officer as may be authorized by the Commissioner
in that behalf, shall be issued to every police officer on appointment,
and shall be evidence of his appointment under this Act.
9. No police officer other than a Reserve police officer shall
engage himself in any trade, business or employment, or take part
in any commercial or agricultural undertaking, outside the scope of
his duties as an officer of the Force, except with the authority of the
Commissioner.
15 of 1961, Sch.,
L.N. 399/1963,
L.N. 124/1964,
29 of 1968, Sch.
Commissioner may
delegate his powers.
29 of 1968, s. 3.
Force standing
orders.
L.N. 399/1963,
L.N. 124/1964,
29 of 1968, Sch.
Declaration on
joining the Force.
L.N. 399/1963,
29 of l968, Sch.
Certificate of
appointment.
L.N. 399/1963,
29 of 1968, Sch.
Police officers
prohibited from
taking other
employment.
L.N. 399/1963,
29 of 1968, Sch.
Rev. 2010] Police CAP. 84 7
10. Any police officer whose period of service expires during
a state of war or state of emergency or during any time when any
regulations are in force under section 3 or section 4 of the Preservation
of Public Security Act may be retained in the Force and his service
prolonged for such further period as the Commissioner may direct, but
not for more than six months after the ending of such state or time.
11. (1) No inspector shall resign from the Force before the expiry
of three months (or such lesser period as the Commissioner may in
any particular case accept) after he has given written notice to the
Commissioner of his intention to resign.
(2) No subordinate officer shall resign from the Force before the
expiry of one month (or such lesser period as the Commissioner may
in any particular case accept) after he has given written notice to the
Commissioner of his intention to resign.
12. (Repealed by L.N. 124/1964.).
13. (1) Every police officer leaving the Force shall forthwith,
on ceasing duty as such, deliver to the police officer in charge of the
Force at such person’s last station of employment in the Force, or to
such other person as the Commissioner may appoint for the purpose,
all uniforms, arms, accoutrements and equipment supplied to him as
public property.
(2) Any person who fails to comply with subsection (1), or who
returns such property in a damaged condition, the damage not being
attributable to the proper discharge of his duties in the Force, shall be
guilty of an offence and liable, 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 its repair, and such cost shall be recoverable by
the Government by deduction from any moneys due to such person, and
shall be a debt due from such person to the Government.
Part III—Duties, Powers and Privileges
14. (1) The Force shall be employed in Kenya for the maintenance
of law and order, the preservation of peace, the protection of life and
property, the prevention and detection of crime, the apprehension of
offenders, and the enforcement of all laws and regulations with which
it is charged.
Prolongation of
service in case of
war, etc.
L.N. 399/1963,
29 of 1968, Sch.
Cap. 57.
Restrictions on
resignation of
inspectors and
subordinate officers.
L.N. 399/1963,
29 of 1968, Sch.
Surrender of
public property on
resignation, etc.
L.N. 399/1963,
29 of 1968, Sch.
Functions of the
Force.
L.N. 399/1963.
CAP. 84 8 Police [Rev. 2010
14A. (1) The force shall perform its functions under the overall
direction, supervision and control of the Commissioner of Police, and
shall be impartial and objective in all matters and in particular in all
political matters and shall not accord different treatment to different
persons on the basis of their political opinions.
(2) No police officer shall subject any person to torture or to any
other cruel, inhuman or degrading treatment.
(3) Any police officer who contravenes the provisions of this
section shall be guilty of a felony.
15. (1) Every police officer shall promptly obey all lawful orders
in respect of the execution of his office which he may from time to time
receive from his superiors in the Force.
(2) Every police officer shall promptly obey and execute all
orders and warrants lawfully issued to him, collect and communicate
intelligence affecting law and order and take all steps necessary to
prevent the commission of offences and public nuisance, to detect
offenders and bring them to justice and to apprehend all persons whom
he is legally authorized to apprehend and for whose apprehension
sufficient ground exists.
16. (1) It shall be the duty of the Force to regulate and control
traffic and to keep order on and prevent obstructions in public
places, and to prevent unnecessary obstruction on the occasions of
assemblies, meetings and processions on public roads and streets, or
in the neighbourhood of places of worship during the time of worship
therein.
(2) Any person who disobeys any lawful order given by any police
officer acting under subsection (1) shall be guilty of an offence, and
may be arrested without a warrant unless he gives his name and address
and satisfies the police officer that he will duly answer any summons
or other proceedings which may be taken against him.
17. (1) It shall be the duty of a police officer to take charge of
unclaimed property handed to him by any other person or found by such
police officer to be unclaimed, and to furnish an inventory or description
thereof to a magistrate having jurisdiction in the area in which the
property is found by, or handed to, him, and such magistrate shall give
orders for the detention of the property, and shall cause a notice to be
posted in a conspicuous place in his court and at such police stations
as he considers necessary, describing such property and requiring any
person who may have a claim thereto to appear and establish such claim
within six months from the date of the notice:
Control and conduct
of Force in executing
function.
10 of 1997.
Obedience to orders
and warrants,
prevention and
detection of crime,
etc.
Maintenance of order
on roads, etc.
Unclaimed property.
L.N. 399/1963,
L.N. 124/1964,
29 of 1968, Sch.
Rev. 2010] Police CAP. 84 9
Provided that—
(i) if the property is liable to rapid decay, or if the magistrate
is of the opinion that its immediate sale would be to the
benefit of the owner thereof, he may direct it to be sold, or,
if he deems it advisable so to do, may cause the property
to be destroyed; and
(ii) if the property is a firearm or ammunition the magistrate
may order that it shall be disposed of in such manner as
the Commissioner may direct.
(2) If no owner establishes his claim to the property within six
months from the date of such notice, it may be sold in such manner as
the magistrate shall direct.
(3) Where such property has been sold in accordance with this
section the proceeds of sale shall be paid to the person who establishes
his claim thereto, or, if no lawful claim to it has been established, shall
be dealt with in the following manner-
(a) such proportion as the magistrate may direct shall be paid
to the finder of the property;
(b) the balance (if any) shall be paid into the consolidated
fund.
18. (1) Every police officer in charge of a police station shall keep
a record in such form as the Commissioner may direct, and shall record
therein all complaints and charges referred, the names of all persons
arrested and the offences with which they are charged.
(2) A copy of any entry in a record kept under subsection (1),
certified under the hand of the police officer in charge of the police
station to be a true copy, shall be admissible in evidence of its contents
in all legal proceedings, and where a copy of an entry purports to be
so certified it shall be presumed, until the contrary is proved, that the
copy is so certified.
19. A police officer may lay any lawful complaint before a
magistrate and may apply for a summons, warrant, search warrant
or such other legal process as may lawfully be issued against any
person.
20. (1) When an officer in charge of a police station, or a police
officer investigating an alleged offence, has reasonable grounds to
Police station
records.
L.N. 399/1963,
29 of 1968, Sch.
Power to lay
complaints, apply for
warrants, etc.
Power to search
without warrant
CAP. 84 10 Police [Rev. 2010
believe that something necessary for the purposes of such investigation 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 will
in his opinion 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 as aforesaid enter any premises in or on which he expects
the thing to be and there search or cause search to be made for, and take
possession of, such thing:
Provided that—
(i) the officer shall carry with him, and produce to the occupier
of the premises on request by him, his certificate
of appointment;
(ii) if any thing is seized as aforesaid he shall forthwith
take or cause it to be taken before a magistrate within
whose jurisdiction the thing was found, to be dealt with
according to law.
(2) Sections 119, 120 and 121 of the Criminal Procedure Code as
to the execution of search warrants, and the provisions of that Code as to
searches, shall apply to a search without warrant under this section.
21. (1) Any magistrate or police officer, and any person appointed
to give certificates under subsection (2) of section 142 of the Criminal
Procedure Code, may take, or cause to be taken in his presence—
(a) during the course of any investigation into any drug-related
offence, such X-ray or other electromagnetic ray photographs
as may be considered necessary for the purposes of such
investigation; or
(b) for the purposes of record and identification, the
measurements, photographs, footprints and casts thereof,
palmprints and fingerprints of any person in lawful custody
or who is subject to police supervision:
Provided that if such 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 X-ray or other electromagnetic
ray photographs, measurements, photographs, footprints and
casts thereof, palmprints and finger prints and any negatives
and copies of such photographs or of photographs of such
footprints and casts thereof, palmprints and fingerprints shall
in special
circumstances.
Cap. 75.
Power to take
photographs, X-rays,
fingerprints, etc.
Cap. 75
L.N. 399/1963,
29 of 1968, Sch.,
2 of 2002, Sch..
Rev. 2010] Police CAP. 84 11
forth-with be destroyed or handed over to such person.
(2) The Commissioner may specify the form upon which
footprints, palmprints and fingerprints shall be taken in accordance with
this section, and the magistrate, police officer or other person appointed
as the case may be, shall certify on such form that the footprints,
palmprints or fingerprints have been taken by him, 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 knowledge and belief accurate and true.
(3) Any person who refuses to permit such X-ray or other
electromagnetic ray photographs, his measurements, photographs,
footprints and casts thereof, palmprints or fingerprints to be taken under
this section shall be guilty of an offence, and upon conviction, reasonable
force may be used to enable such X-ray or other electromagnetic ray
photographs as or, as the case may be, his measurements, photographs,
footprints and casts thereof, palmprints and fingerprints to be taken.
(4) For the purposes of this Section the expression “drugrelated
offence” means any offence specified in the Narcotic Drugs
and Psychotropic Substances (Control) Act, 1994 and includes the
possession, manufacture, sale, distribution, or receipt of any drug in
any quantity whatsoever.
22. (1) A police officer may by writing under his hand require any
person who he has reason to believe has information which will assist
him in investigating an alleged offence to attend before him at a police
station or police office in the district in which such person resides or
for the time being is.
(2) Any person who without reasonable excuse fails to comply
with a requisition under subsection (1), or who having complied
refuses or fails to give his correct name and address and to answer
truly all questions that may be lawfully put to him, shall be guilty of
an offence:
Provided that no person shall be required to answer any question
the answer to which may tend to expose him to a criminal charge, or
to a penalty or forfeiture.
(3) Any police officer may record any statement made to him by
any such person, whether such person is suspected of having committed
an offence or not, but, before recording any statement from a person
whom such police officer has decided to charge or who has been charged
with committing an offence, the police officer shall warn such person
that any statement which may be recorded may be used in evidence.

For more INFO, Download Act PDF Here

QUICK LINKS:

1 Are Kenya Police Service Allowed To Vote

2 Who Are Kenya Police Service

3 Can Kenya Police Service Vote

4 When Did Kenya Police Service Start

5 Do Kenya Police Service Vote

6 Do Kenya Police Service Pay Tax

7 Do Kenyan Police Officers Vote

8 Does Kenya Police Service Vote

9 How Much Does Kenya Police Service Earn

10 How Long Does Kenya Police Service Training Take

11 How To Join Kenya Police Service

12 How To Download Kenya Police Service Payslip

13 How Much Is Kenya Police Service Salary

14 Is Kenya Police Service Allowed To Vote

15 When is Kenya Police Service Pass out 2021

16 When Is Kenya Police Service Recruitment This Year 2021

17 When Will Be Kenya Police Service Recruitment 2021

18 When Is The Next Kenya Police Service Recruitment 2021

19 Will Kenya Police Service Recruit This Year 2021

20 Will Kenya Police Service Get A Salary Increment

21 When Will Kenya Police Service Recruitment Take Place 2021

22 When Will Kenya Police Service Recruit 2021

23 Will There Be Kenya Police Service Recruitment 2021

SEE ALSO:

Kenya Police Service Recruitment

1 Kenya Police Service SACCO

2 Kenya Police Service Abstract

3 Kenya Police Service Ranks

4 Kenya Police Service Recruits News

5 Kenya Police Service Uniform

6 Kenya Police Service Logo

7 Kenya Police Service SACCO Portal

8 Kenya Police Service Salary 2021

9 Kenya Police Service Application Form 2021

10 Kenya Police Service Airwing

11 Kenya Police Service Act

12 Kenya Police Service Allowances

13 Kenya Police Service Application 2021/2022

14 Kenya Police Service Application Form 2021 PDF

15 Kenya Police Service Accident Abstract

16 Kenya Police Service Address

17 The Kenya Police Service Abstract Form

18 The Kenya Police Service Service Commission

19 The Kenya Police Service Recruitment Dates 2021/2022

20 Kenya Police Service Basic Salary

21 Kenya Police Service Badges Of Rank

22 Kenya Police Service College

23 Kenya Police Service Code Of Conduct

24 Kenya Police Service Contacts

25 Kenya Police Service Constable Salary

26 Kenya Police Service Cadets

27 CID Of Kenya Police Service

28 Kenya Police Service Dog Unit

29 Kenya Police Service Departments

30 Kenya Police Service Duties

31 Kenya Police Service Deputy Inspector General

32 Kenya Police Service Driving School

33 Kenya Police Service DCI Training School Nairobi

34 Kenya Police Service Emergency Number

35 Kenya Police Service Email

36 Kenya Police Service Service Emblem

37 Kenya Police Service Entry Requirements 2021/2022

38 Kenya Police Service Emergency Lines

39 Kenya Police Service Force Recruitment 2021/2022

40 Kenya Police Service Service General Service Unit GSU

41 Kenya Police Service Graduate Recruitment 2021

42 Kenya Police Service Gross Salary 2021

43 Kenya Police Service Service Headquarters Nairobi City

44 Kenya Police Service Service Hotline

45 Kenya Police Service Service House Allowance 2021

46 Kenya Police Service Service Headquarters

47 Kenya Police Service Service History

 

QUICK LINKS:

48 Kenya Police Service Intake 2021/2022

49 Kenya Police Service Inspector Salary 2021

50 Kenya Police Service Job Recruitment 2021

51 Kenya Police Service Sacco Kisii Branch

52 Kenya Police Service Training College Kiganjo

53 Kenya Police Service Service Motto

54 Kenya Police Service Monthly Salary 2021

55 Kenya Police Service Service Medical Cover

56 Kenya Police Service Service Medical Examination Form

57 Kenya Police Service Service Medical Insurance

58 Kenya Police Service M-Sacco

59 Kenya Police Service Service Number

60 Kenya Police Service Officer salary 2021

61 Kenya Police Service Service Pass Out 2021

62 Kenya Police Service Service P3 Form

63 Kenya Police Service Pass Out Parade 2021

64 Kenya Police Service Recruitment Qualification 2021

65 Kenya Police Service Service Intake Qualification 2021

66 Kenya Police Service Recruitment 2021 Application Form

67 Kenya Police Service Service Reserve

68 Kenya Police Service Recruitment Requirements 2021/2022

69 Kenya Police Service Ranks and Badges

70 Kenya Police Service Sacco Dividends 2021

71 Kenya Police Service Salary Scale 2021

72 Kenya Police Service Service Commission

73 Kenya Police Service Service Training

74 Kenya Police Service Training Period 2021

75 Kenya Police Service Traffic Department

76 Kenya Police Service Telephone Numbers

77 Kenya Police Service Units and Their Uniforms

78 Kenya Police Service Uniform Insignia

79 Kenya Police Service vigilance House

80 Kenya Police Service Vetting list 2021

81 Kenya Police Service Vetting Results 2021

82 Kenya Police Service 2021 Pass out Date

83 Kenya Police Service Recruitment Closing Date 2021/2022

84 Kenya Police Service Service Shortlisted Candidates