Last Change:

08/18/2025

Act No. 30 of 2011, The National Police Service Commission Act 2011

Year: 2011

Type: Domestic law

Rights Category: Liberty & security of person

Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2011/en/102386?prevDestination=search&prevPath=/search?keywords=The+National+Police+Service+Act&order=desc&sm_country_name%5B%5D=Kenya&sort=score&result=result-102386-en
Description

The National Police Service Act, 2011 establishes the framework for Kenya's police operations, ensuring adherence to human rights and the rule of law. It defines the roles and functions of the police, emphasizing public protection, maintenance of law and order, and preservation of peace. The Act prohibits torture, ensures fair treatment of arrested individuals, and promotes community policing to enhance trust between law enforcement and the public. It includes provisions for accountability, the use of force, and mechanisms for addressing complaints, fostering integrity and professionalism within the National Police Service.

Selected provisions
Sixth Schedule - Use of Force:

1. A police officer shall always attempt to use non-violent means first.
2. Force may only be employed when non-violent means are ineffective or without any promise of achieving the intended result.
3. The force used 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.
4. When the use of force results in injuries—
(a) the police officer shall provide medical assistance immediately and unless there are good reasons, failing to do so shall be a criminal offence; and
(b) shall notify relatives or close friends of the injured or affected persons.
5. A police officer who uses any form of force shall immediately, report to the officer’s 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 these regulations.
6. Any use of force that leads to death, serious injury, and other grave consequences shall be reported immediately by the officer to the Independent Policing Oversight Authority.
7. The Inspector-General shall, at the end of every six months, submit to the Cabinet Secretary a report on the use of force by the Service.
8. The Cabinet Secretary shall, every six months, publish a report on the use of force by the Service.

Section 24 - Functions of the National Police Service

The functions of the Kenya Police Service shall be the—
(a) provision of assistance to the public when in need;
(b) maintenance of law and order;
(c) preservation of peace;
(d) protection of life and property;
(e) investigation of crimes;
(f) collection of criminal intelligence;
(g) prevention and detection of crime;
(h) apprehension of offenders;
(i) enforcement of all laws and regulations with which it is charged; and
(j) performance of any other duties that may be prescribed by the Inspector-General under this Act or any other written law from time to time.

Section 40 - Establishment of Police Stations and Posts

The Inspector-General shall, in consultation with the National Police Service Commission, establish police stations, posts, outposts, units, or unit bases in accordance with the policy guidelines issued by the Cabinet Secretary.

Section 50 - Rights of Arrested Persons

A police officer shall accord an arrested person the rights set out under Articles 49, 50, and 51 of the Constitution.

Section 87 - Complaints Against Police Officers

There is established an Internal Affairs Unit within the Service which shall—
(a) receive and investigate complaints against the police;
(b) promote uniform standards of discipline and good order in the Service; and
(c) keep a record of the facts of any complaint or investigation made to it.

Section 95 - Prohibition of Torture and Cruel Treatment:

A police officer shall not subject any person to torture or other cruel, inhuman or degrading treatment.

Section 96 - Community Policing

The Service shall, in accordance with the guidelines established under this Act—
(a) promote partnerships between the Service and the local community;
(b) promote communication between the Service and the local community;
(c) promote cooperation between the Service and the local community in fulfilling the needs of the community regarding policing;
(d) improve the rendering of police services to the local community and the cooperation of the local community with the Service;
(e) improve the transparency in the Service and accountability of the Service to the local community; and
(f) promote policing responsive to the needs of the local community.