Constitution of Kenya – Chapter Fourteen, Part Four

243. Establishment of the National Police Service

(1)There is established the National Police Service.
(2)The National Police Service consists of—
(a)the Kenya Police Service; and
(b)the Administration Police Service.
(3)The National Police Service is a national service and shall function throughout Kenya.
(4)Parliament shall enact legislation to give full effect to this Article.

244. Objects and functions of the National Police Service

The National Police Service shall—
(a)strive for the highest standards of professionalism and discipline among its members;
(b)prevent corruption and promote and practice transparency and accountability;
(c)comply with constitutional standards of human rights and fundamental freedoms;
(d)train staff to the highest possible 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.

245. Command of the National Police Service

(1)There is established the office of the Inspector-General of the National Police Service.
(2)The Inspector-General—
(a)is appointed by the President with the approval of Parliament; and
(b)shall exercise independent command over the National Police Service, and perform any other functions prescribed by national legislation.
(3)The Kenya Police Service and the Administration Police Service shall each be headed by a Deputy Inspector-General appointed by the President in accordance with the recommendation of the National Police Service Commission.
(4)The Cabinet secretary responsible for police services may lawfully give a direction to the Inspector-General with respect to any matter of policy for the National Police Service, but no person may give a direction to the Inspector-General with respect to—
(a)the investigation of any particular offence or offences;
(b)the enforcement of the law against any particular person or persons; or
(c)the employment, assignment, promotion, suspension or dismissal of any member of the National Police Service.
(5)Any direction given to the Inspector-General by the Cabinet secretary responsible for police services under clause (4), or any direction given to the Inspector-General by the Director of Public Prosecutions under Article 157(4), shall be in writing.
(6)The Inspector-General shall be appointed for a single four-year term, and is not eligible for re-appointment.
(7)The Inspector-General may be removed from office by the President only on the grounds of—
(a)serious violation of this Constitution or any other law, including a contravention of Chapter Six;
(b)gross misconduct whether in the performance of the office holder’s functions or otherwise;
(c)physical or mental incapacity to perform the functions of office;
(d)incompetence;
(e)bankruptcy; or
(f)any other just cause.
(8)Parliament shall enact legislation to give full effect to this Article.

246. National Police Service Commission

(1)There is established the National Police Service Commission.
(2)The Commission consists of—
(a)the following persons, each appointed by the President—
(i)a person who is qualified to be appointed as a High Court Judge;
(ii)two retired senior police officers; and
(iii)three persons of integrity who have served the public with distinction;
(b)the Inspector-General of the National Police Service; and
(c)both Deputy Inspectors-General of the National Police Service.
(3)The Commission shall—
(a)recruit and appoint persons to hold or act in offices in the service, confirm appointments, and determine promotions and transfers within the National Police Service;
(b)observing due process, exercise disciplinary control over and remove persons holding or acting in offices within the Service; and
(c)perform any other functions prescribed by national legislation.
(4)The composition of the National Police Service shall reflect the regional and ethnic diversity of the people of Kenya.

247. Other police services

Parliament may enact legislation establishing other police services under the supervision of the National Police Service and the command of the Inspector-General of the Service.