National Police Service Standing Orders
National Police Service Standing Orders
National Police Service Standing Orders
SERVICE STANDING
ORDERS
This is the first edition of the National Police Standing Orders. The
enactment of these Standing Orders has been necessitated by the
significant changes across the two Services of the National Police Service
which required complete overhaul of the previous Standing Orders. The
promulgation of the new Constitution of Kenya in 2010 introduced
fundamental changes in both the structure and command of the Police. It
established the National Police Service that consists of the Kenya Police
Service and Administration Police Service.
Additionally the National Police Service Act 2011 requires the Inspector-
General to review all Standing Orders issued before its enactment.
Preparation of this edition began with a gap analysis exercise of all
previous Standing Orders to determine the extent to which they conform
to the provisions of the new Constitution, the National Police Service Act
2011 and other written laws. The process was conducted by a technical
committee composed of senior police officers from across the Service.
iii
Whilst every care has been taken to avoid errors and omissions, it is
realized that in a work of such magnitude they may occur. Officers in
charge of Formations are therefore requested to report any omissions and
details of any Orders, which may appear at variance with existing
procedures so that amendments may be made if found to be necessary.
iv
TABLE OF CONTENTS
FOREWORD ..................................................................................... .. iii
Issuing Statement ....................................................................... ix
Ethical Standards and Principles ............................................... xi
PART I: CONSTITUTION, ORGANIZATION AND CONTROL . 1
Chapter 1: Constitution, Organization And Control .................. 1
Chapter 2: The Kenya Police Service ........................................ 6
Chapter 3: The Administration Police Service .......................... 9
Chapter 4: The Directorate Of Criminal Investigations ............ 12
Chapter 5: Internal Affairs Unit ................................................. 17
Chapter 6: National Police Service Airwing ............................. 20
Chapter 7: Formations, Units And Components........................ 22
Chapter 8: Ranks, Duties And Responsibilities ......................... 33
Chapter 9: Chain Of Command ................................................. 63
Chapter 10: Structure Of Police Stations, Outposts, Posts,
Units And Unit Bases ................................................................ 66
Chapter 11: Training Institutions ............................................... 68
Chapter 12: County Policing Authority ..................................... 79
PART II: GENERAL PROVISIONS ................................................ 93
Chapter 13: National Police Service Airwing ........................... 96
Chapter 14: Arms And Ammunition ......................................... 104
Chapter 15: Arrest And Detention Rules/Prisoners And
Accused Persons ........................................................................ 134
Chapter 16: Bomb Threats And Terrorism ................................ 166
Chapter 17: Change Of Command ............................................ 169
Chapter 18: Chaplaincy ............................................................. 175
Chapter 19: Civilian Firearms Control ...................................... 179
Chapter 20: Community Policing .............................................. 192
v
Chapter 21: Complaint Procedure ............................................. 194
Chapter 22: Conduct Of Interviews Of Crime Victims,
Suspects And Witnesses ............................................................ 206
Chapter 23: Control Of Traffic And Erection Of Barriers ........ 211
Chapter 24: Police Communication ........................................... 227
Chapter 25: Counseling ............................................................. 273
Chapter 26: Courts And Committees Of Inquiry ....................... 277
Chapter 27: Criminal Prosecution And Handling Of Evidence. 284
Chapter 28: Criminal And Civil Procedure ............................... 292
Chapter 29: Discharge, Resignation And Retirement................ 299
Chapter 30: Discipline ............................................................... 307
Chapter 31: Dress Code Regulations ......................................... 348
Chapter 32: Escorts, Patrol And General Duties ....................... 429
Chapter 33: Evidence And Property (Exhibits, Lost And
Found Property) ......................................................................... 442
Chapter 34: Examinations And Promotions .............................. 446
Chapter 35: Extradition Of Offenders ....................................... 508
Chapter 36: Fleet Management .................................................. 516
Chapter 37: Operation And Management Of Formation, Units
And Components ....................................................................... 576
Chapter 38: General Powers Of Police Officers ........................ 586
Chapter 39: Government Financial Regulation And
Procedures.................................................................................. 596
Chapter 40: Guards, Sentries, Honors, Compliments And
Flags ........................................................................................... 634
Chapter 41: Guidelines On Disaster And Emergency
Management .............................................................................. 646
Chapter 42: Guide To Criminal Investigations .......................... 663
Chapter 43: Identification Of Police Officers ............................ 748
Chapter 44: National Police Service Inspections....................... 750
vi
Chapter 45: Integrity And Ethics ............................................... 765
Chapter 46: Handling Of Children ............................................ 768
Chapter 47: Lawful Use Of Force And Firearms ...................... 772
Chapter 48: Leave ...................................................................... 777
Chapter 49: Police Lines ............................................................ 784
Chapter 50: Orders, Decorations And Medals ........................... 787
Chapter 51: Police Animals ....................................................... 803
Chapter 52: Police Associations ................................................ 811
Chapter 53: Police Duties During Elections .............................. 822
Chapter 54: National Police Reserve ......................................... 834
Chapter 55: Police Dogs ........................................................... 841
Chapter 56: Police Station Management ................................... 861
Chapter 57: Private Use Of Police ............................................. 889
Chapter 58: Public Order Management ..................................... 891
Chapter 59:National Police Service Records ............................. 893
Chapter 60: Recruitment, Appointment And Enlistment .......... 931
Chapter 61: Relations With Diplomatic Corps In Kenya .......... 941
Chapter 62: Reports And Returns Order ................................... 958
Chapter 63: Rules For The National Police Service Rifle
Meetings .................................................................................... 964
Chapter 64: Service Administrative Orders ............................... 1018
Chapter 65: Service Armourers Branch ..................................... 1023
Chapter 66: Service Welfare ...................................................... 1029
Chapter 67: Sexual Violence And Harassment ......................... 1064
Chapter 68: Sickness, Injury Or Death Of A Police Officer ..... 1069
Chapter 69: Special Police Officers ........................................... 1081
Chapter 70: Stores..................................................................... 1082
Chapter 71: National Police Service Training ........................... 1117
vii
Chapter 72: Transfer And Deployment ..................................... 1133
Chapter 73: Operations Maps, Crime And General
Information ................................................................................ 1138
PART III: REGULATIONS .............................................................. 1158
PART IV: OPERATIONAL MANUALS ......................................... 1161
GLOSSARY OF TERMS .................................................................. 1165
viii
PRELIMINARY
ISSUING STATEMENT
Members of the Service shall abide by all Orders set out in this Service
Standing Orders in the course of their duty. Violation of these Orders shall
amount to an offence against discipline. All previous Standing Orders
existing before this Service Standing Orders are hereby repealed. The
Inspector-General may alter, interpret, amend, repeal, revoke or add to any
of these Orders from time to time in accordance with the law.
Whereas the Service has the responsibility to keep its members informed
of changes to Regulations, Orders, and Operational Manuals, members of
the Service have a duty to keep themselves up to date on the basis of the
information provided. The SSO is presented in such a way that similar
topics are grouped together for ease of reference with comprehensive cross
referencing to matters both within SSO and in other relevant regulations
and operational manuals.
Part I sets out the Constitution, Organization and Control of the Service.
Part II sets out Orders to serve as general guidelines for members of the
Service.
ix
Part III clarifies matters in which regulations may be made by respective
authorities from time to time.
Part IV sets out relevant documents and operational manuals. Members of
the Service should refer to these other documents as cross referenced in
the Orders.
This Service Standing Orders is issued on this day 9th June, 2017.
x
ETHICAL STANDARDS AND PRINCIPLES
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.
(a) Responsibility
The officer to 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.
xi
(b) Competence
(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.
xii
(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.
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.
Only those with a legal right of access shall have access to any police
records.
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.
xiii
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.
xiv
PART I: CONSTITUTION, ORGANIZATION AND
CONTROL
CHAPTER 1: CONSTITUTION, ORGANIZATION
AND CONTROL
1. (1) The National Police Service is established Establishment and
composition of the
under Article 243 of the Constitution of Kenya and consists Service.
of the—
(a) the Kenya Police Service;
(b) the Administration Police Service;
(c) the Directorate of Criminal Investigations
established and constituted under Part V of the
National Police Service Act 2011; and
(d) the Internal Affairs Unit established under section
87 of the National Police Service Act, 2011.
(2) The Service is a national service and shall function
throughout Kenya.
2. (1) The Service shall be deployed in Kenya for the Deployment of the
Service.
performance of the functions specified in the Constitution,
the National Police Service Act, 2011 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. (1) The Service is under the overall and Command of the
Service.
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 direction in
situations of conflict between the different mandates of the
Services and units within the Service.
(4) The respective Deputy Inspector-General and the
Director of Criminal Investigations shall bring to the
attention of the Inspector-General any situation of conflict
between different mandates, for direction.
4. The objects of the Service as set out under Article Objects and
functions of the
244 of the Constitution of Kenya are to— Service.
1
(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.
2
National Police Service commission and the
County Policing Authorities;
(h) organize the Service at national level into
various formations, units or components;
(i) recommend the establishment of, manage and
maintain training institutions, centers or places
for the training of officers joining the service
and other officers;
(j) commission research and benchmark against
best practices;
(k) issue guidelines on community policing and
ensure co-operation between the Service and the
communities it serves in combating crime;
(l) provide the command structure and system of
the service for the efficient administration of the
Service nationally;
(m) subject to the Constitution of Kenya and the
National Police Service Act, 2011, or any
written law, cooperate with and implement the
decisions of the Independent Policing Oversight
Authority;
(n) designate any police station, post, outpost, unit
or unit base as a place of custody;
(o) promote co-operation with international police
agencies;
(p) establish and devolve the services of the Internal
Affairs Unit that are able and equipped to
conduct investigations into police misconduct in
a fair and effective manner and report directly to
the Inspector-General;
(q) monitor the implementation of policy,
operations and directions of the Service;
(r) issue and document Service Standing Orders;
(s) co-operate with other public or private bodies to
provide reliable police statistics on crime rates ,
detection rate, public confidence in the police,
number of complaints against the police, as well
as personnel statistics;
3
(t) act on the recommendations of the Independent
Policing Oversight Authority, including
compensation to victims of police misconduct;
and
(u) perform any other lawful act on behalf of the
Service.
7. (1) Pursuant to Article 245 (4) of the Powers of the
Cabinet
Constitution, the Cabinet Secretary responsible for police Secretary.
services may lawfully give a direction to the Inspector-
General with respect to any matter of policy for the
National Police Service.
(2) Despite paragraph (1), no person may give
direction to the Inspector- General with respect to—
(a) the investigation of any particular offence;
(b) the enforcement of the law against any
particular person; or
(c) the employment, assignment, promotion,
suspension or dismissal of any member of the
National Police Service.
(3) A direction given under paragraph (1) shall be in
writing.
8. (1) Pursuant to Article 157 (4) of the Powers of the
Director of
Constitution, the Director of Public Prosecutions shall Public
have power to direct the Inspector-General to investigate Prosecutions.
any information or allegation of criminal conduct and the
Inspector-General shall comply with any such direction.
(2) A direction given under paragraph (1) shall be in
writing.
9. (1) The Service shall consist of such maximum Establishment
and abolition
number of officers as may be determined from time to of police
time by the National Security Council in consultation formations.
with the National Police Service Commission.
(2) For purposes of efficient administration, the
Inspector-General shall organize the Service into various
Formations, Units Companies, Stations, Platoons, Posts,
Outposts or other police structures as may be specified in
these Service Standing Orders.
4
(3) A person shall not establish, vary or abolish an
office, Formation, Unit, Company, Station, Platoon, Post,
Outpost or other police structure, without authority of the
Inspector-General.
(4) The Inspector-General may abolish any police
formation formed pursuant to this Standing Order.
(5) The establishment, command structure,
functions and organizational structure of each formation
shall be as set out under these Service Standing Orders.
10. (1) The Headquarters of the Service shall be in Headquarters
of the Service.
Nairobi.
(2) The Office of the Inspector-General shall be
situated in Nairobi.
(3) National Police Service Headquarters shall be an
independent formation.
5
CHAPTER 2: THE KENYA POLICE SERVICE
1. The Kenya Police Service is established under Establishment and
constitution of the
Article 243 (2) (a) of the Constitution and consists of the Service.
ranks set out under section 22 of the National Police
Service Act, 2011.
2. (1) The Kenya Police Service shall be headed by a Command of the
Kenya Police
Deputy Inspector-General appointed by the President in Service
accordance with the recommendations of the National
Police Service Commission.
(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, outposts,
units or unit bases in the counties and determine
the boundaries of the police stations; outposts,
units or 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) coordinate 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 community;
(j) improve transparency and accountability in the
Kenya Police Service;
6
(k) cooperate 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;
and
(m) 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
or by any other law.
3. (1) The Headquarters of the Kenya Police Service Headquarters of
the Service.
shall be situated in Nairobi.
(2) The office of the Deputy Inspector-General shall
be in Nairobi.
4. The functions of the Kenya Police Service as set Functions of the
Kenya Police
out in section 24 of the National Police Service Act, 2011 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 crimes;
(h) apprehension of offenders;
(i) enforcement of all laws and regulation with which
it is charged ; and
(j) performance of any other duties that may be
prescribed by the Inspector–General under these
Service Standing Orders or any other written law.
5. (1) The functions of the Kenya Police Service shall Organization
structure.
be apportioned to various Departments, Sections, Units and
officers as specified in the Kenya Police Service
Organization Structure in Appendix 3.
7
(2) The organizational structure shall be reviewed
from time to time as need arises.
6. The Kenya Police Service shall be deployed Deployment.
8
CHAPTER 3: THE ADMINISTRATION POLICE
SERVICE
1. The Administration Police Service is established Constitution of
the Service.
under Article 243 (2) (b) of the Constitution and consists of
the ranks set out under section 25 of the National Police
Service Act, 2011.
2. (1) The Administration Police Service shall be Command of the
Service.
headed by a Deputy Inspector-General appointed by the
President in accordance with the recommendations of the
National Police Service Commission.
(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) monitor and evaluate the Administration Police
Service;
(e) undertake the supervision of the Administration
Police Service;
(f) establish and maintain outposts, units or unit bases
in the County and determine the boundaries of the
outposts or unit bases and establish a facility in
each police post or other premises for receiving,
recording and reporting to the Independent Police
Oversight Authority of complaints from members
of the public;
(g) co-ordinate training in the Administration Police
Service;
(h) provide internal oversight of the Administration
Police Service;
(i) establish and maintain a relationship between the
Administration Police Service and the community;
(j) improve transparency and accountability in the
Administration Police Service;
(k) co-operate and engage in joint security operations
with the Deputy Inspector-General in charge of the
9
Kenya 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;
and
(m) 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, 2011 or any other written law.
3. (1) The Headquarters of the Administration Police Service
Headquarters.
Service is situated in Nairobi.
(2) The office of the Deputy Inspector-General shall
be in Nairobi.
4. The functions of the Administration Police Service Functions of the
Administration
as set out in section 27 of the National Police Service Act Police Service.
2011, shall be the —
(a) provision of the assistance to the public when in
need;
(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) provision of specialized stock theft prevention
services;
(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) coordinating with complementing government
agencies in conflict management and peace
building ;
(j) apprehension of offenders; and
(k) performance of any other duties that may be
prescribed by the Inspector-General under the
National Police Service Act 2011, or any other
written law from time to time.
5. (1) The functions of the Administration Police Organization
structure.
Service shall be apportioned to various Departments,
10
Sections, Units and officers as indicated in the
Administration Police Service Organization Structure in
Appendix 5.
(2) The organizational structure shall be reviewed
from time to time as need arises.
6. The Administration Police Service shall be Deployment.
deployed throughout the Republic for the discharge of the
functions with which it is assigned.
7. (1) The Administration Police Service is Formation, Units
and Components.
comprised of the following Formations, units and
components—
(a) Administration Police Service Specialized
Unit(APSSU);
(b) Rapid Deployment Unit (R.D.U);
(c) Rural Border Patrol Unit (RBPU);
(d) Specialized Stock Theft Prevention Unit
(APSSTPU);
(e) Administration Police Peace Corps Unit;
(f) Critical Infrastructure Protection Unit (CIPU);
(g) Security of Government Buildings Unit(SGB);
(h) Very Important Person Protection Unit (VIPPU);
(i) Administration Police Training College (APTC);
(j) Administration Police Service Air Support Unit;
(k) Administration Police Senior Staff College
(APSSC); and
(a) Admnistration Police Service Headquarters.
(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.
11
CHAPTER 4: THE DIRECTORATE OF CRIMINAL
INVESTIGATIONS
1. Directorate of Criminal Investigations is Establishment and
constitution of the
established under section 28 of the National Police Service Directorate.
Act, 2011 and consists of the Director and such number of
officers as may be assigned to it under section 33 of the
National Police Service Act, 2011.
2. (1) The Directorate is headed by a Director of Command of the
Directorate.
Criminal Investigations appointed in accordance with Part
V of the National Police Service Act, 2011.
(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-General of both the
Kenya 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 Commission or as may be prescribed by
National Police Service Act 2011 or any other law.
3. (1) The Headquarters of the Directorate shall be Headquarters of
the Directorate.
situated in Nairobi.
12
(2) The office of the Director of Criminal
investigations shall be in Nairobi.
4. The functions of the Directorate as set out under Functions of the
Directorate.
section 35 of the National Police Service Act, 2011 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 countrys’ 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. (1) The functions of the Directorate are Organization
structure.
apportioned to various Departments, Sections, Units and
officers as indicated in the Directorate of Criminal
Investigations Organization Structure in Appendix 7.
(2) The organizational structure shall be reviewed
from time to time as need arises.
6. The Directorate shall be deployed throughout the Deployment.
13
(b) National Criminal investigation Academy;
(c) Anti-Terrorism Investigations Unit;
(d) National Central Bureau (Interpol);
(e) Forensics Unit;
(f) Anti-narcotics;
(g) Investigations Bureau;
(h) Banking Fraud Investigation Unit (BFIU);
(i) Criminal Records Office (CRO);
(j) Kenya Airports Criminal Investigation (KACI);
(k) Directorate Criminal Investigation Headquarters;
(l) Kenya Railways Criminal Investigation (KRCI);
(m) Special Crime Unit;
(n) Economics and Commercial Crime Unit; and
(o) Serious Crime Unit.
(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 Directorate of
Criminal Investigations, other government departments or
security organs to ensure the safety of security of the
public.
8. County and Sub-County Directorate of Criminal Responsibilities of
County and Sub-
Investigations Officers are responsible to the Director, County
Directorate of Criminal Investigations for the prevention, Directorate of
Criminal
detection and investigation of serious crimes in their Investigations
respective areas. officers.
14
(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. When any offence listed in Appendix 42(a) is Notification of
certain offences to
reported at any police station the Officer-in-Charge shall— the Directorate.
(a) immediately notify the County Commander or
Sub-County Commander of the Directorate of
Criminal Investigations as the case may be; and
(b) commence a full investigation into the offence.
11. (1) The County or sub-County Commander of the Decision to take
over
Directorate of Criminal Investigations to whom a investigations.
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) In making the determination under paragraph (1)
the officers shall have regard to the seriousness or
complexity of the case.
12. (1) A county or sub-county Commander may Investigation of
non-specified
request a county or sub-county Directorate of Criminal offences.
Investigations Commander to investigate a report of an
offence not listed in Appendix 42(a).
(2) Where a sub-county Commander of the Directorate
of Criminal Investigations does not take over an
investigation, the matter may be referred to the County
commander of the Directorate and if necessary to the
Director.
13. (1) The County Directorate of Criminal Taking over
investigations
Investigations Commander may take over or initiate any without
investigations in the County. notification.
15
14. The County Directorate of Criminal Investigations Examination of
files.
Commander or any other Directorate of Criminal
Investigations officer acting on the commander’s
instructions may inspect and examine any investigation file
in the County for the purpose of advising the investigating
officer.
15. Technical direction and supervision of County, Technical
assistance and
divisional and sub-county criminal investigations officers advice.
shall be exericised by the Director Criminal Investigations
and county criminal investigation officers shall have the
right of direct access to him in respect of technical
assistance and advice.
16. Sub-County Commanders requiring technical Request for
technical
assistance or advice shall request for technical assistance assistance by the
through the County Directorate of Criminal Investigations sub-county
Commander but in case of urgency, they may request direct commanders.
16
CHAPTER 5: INTERNAL AFFAIRS UNIT
1. (1) The Internal Affairs Unit is established under Establishment and
constitution.
section 87 of the National Police Service Act 2011 and
consists of—
(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. (1) The Unit is headed by a Director who is Command of the
Unit.
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 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 rest of the National Police Service.
3. (1) The functions of the Unit shall be to— Functions of the
Unit.
(a) receive and investigate complaints against police
officers;
(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.
(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;
17
(e) at the request of the Independent Policing
Oversight Authority;or
(f) and may where necessary, investigate and
recommend appropriate action in respect of any
officer found engaging in any unlawful conduct.
4. (1) The Unit shall have power to recommend the Powers of the
Unit.
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 National Police
Service Commission.
5. Complaints and disciplinary process against an Disciplinary
process.
officer shall be handled in accordance with the Disciplinary
Order of the National Police Service.
6. Complaints procedures against police misconduct Complaint
procedure.
shall be handled in accordance with the Complaint
Procedure of the National Police Service Standing Order
and the Internal Affairs Operational Manual.
7. (1) The Unit shall conduct its investigations Fair
administrative
expeditiously, efficiently, lawfully, reasonably and action.
procedurally fairly.
(2) If a 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 performance of its functions the Unit shall
ensure effective relationship and regular reporting to the
Independent Police Oversight Authority, Coroners, and the
chief firearms licensing officer as well as the National
Police Service Commission.
18
(4) The Independent Policing Oversight Authority
may at any time intervene and take over the investigations
from the Unit when there is reason to believe that the
investigations are inordinately delayed or are manifestly
unreasonable.
8. (1) The functions of the Internal Affairs Unit Organization
structure.
Headquarters are apportioned to various Departments,
Units, Sections and officers as provided in Annex 2 (d).
(2) The organizational structure shall be reviewed
from time to time as need arises.
9. (1) The Headquarters of the Unit shall be situated Headquarters and
deployment.
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.
(3) The Director shall assign a senior investigating
officer in every County who shall be responsible for the
internal affairs in that County.
19
CHAPTER 6: ESTABLISHMENT OF THE
NATIONAL POLICE SERVICE AIRWING
1. Pursuant to section 10 (h) and (r) of the National Establishment and
constitution of the
Police Service Act 2011, there is established the National Air Wing.
Police Service Air Wing Unit consisting of the Director and
such number of officers as may be assigned to the Unit.
2. (1) The National Police Service Air Wing shall be Command of the
Unit.
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 Certificatio n 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
20
(i) for any other matter as may be directed by the
Inspector-General.
3. The Headquarters of the National Police Service Air wing
Headquarters.
Air Wing shall be located at the Wilson Airport, Nairobi at
Hangar No. 27.
4. (1) The Unit shall provide aerial support to the Functions of the
National Police
National Police Service, facilitate Government flights, Service Air wing.
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. (1) The functions of the National Police Service Organization
structure.
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. The National Police Service Air Wing shall be Deployment.
21
CHAPTER 7: FORMATIONS, UNITS AND
COMPONENTS
1. (1) Pursuant to section 10 (h) of the National Organization of
the Service at the
Police Service Act 2011, the Inspector-General shall national level.
organize the Service at the national level into formations,
units and components.
(2) A formation, unit, or component shall not be
established, varied or abolished, without authority of the
Inspector-General.
2. (1) The Inspector-General shall assign Assignment of
responsibility to
responsibility for the implementation and administration of formations, units
any function of the Service to a formation, unit or and components.
22
(c) prevention of stock-theft;
(d) crowd-control by use of horses;
(e) breeding of horses;
(f) training of horses; and
(g) training of horse riders.
6. The Tourist Police Unit is established to undertake Tourist Police
Unit.
the following functions—
(a) provision 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) protect of tourists from any form of harassment;
and
(h) generally advice and guide tourists.
7. The Railway Police Unit is established to Railway Police
Unit.
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.
8. The Presidential Escort Unit is established to Presidential
Escort Unit.
undertake the following functions—
(a) provide security and protection to the President;
(b) provide security to the First Family;
23
(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.
9. The Marine Police Unit is established to undertake Marine Police
Unit.
the following functions—
(a) gathering and assessing information with respect
to security threats and exchanging such
information with appropriate contacts in the
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.
10. The Kenya Airports Police Unit is established to Kenya Airports
Police Unit.
undertake the following functions—
(a) preventing and detecting crimes against property
and 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;
24
(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.
11. The Dog Unit is established to undertake the Dog Unit.
following functions—
(a) care and maintenance of 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.
12. The General Service Unit is established to General Service
Unit.
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 riot mob and restoring civil
disturbance;
25
(e) carrying out anti-poaching operations and escort
duties;
(f) containing banditry and cattle rustling; and
(g) countering terrorism activities and insurgencies.
13. The Diplomatic Police Unit is established to Diplomatic Police
Unit.
undertake the following functions—
(a) providing specialized security for diplomats;
(b) liaising with diplomatic missions on security
matters;
(c) coordinating 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.
14. The Kenya Police Traffic department is Kenya Police
Traffic
established to undertake the following functions— Department.
(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.
PART II—ADMINISTRATION POLICE SERVICE
FORMATIONS, UNITS, AND COMPONENTS
15. The Administration Police Security of Administration
Police Security of
Government Buildings (SGB) is established to undertake Government
the following functions— Buildings (SGB).
26
(c) provision of security for cash in transit; and
(d) emergency response.
16. The Rapid Deployment Unit is established to Rapid
Deployment Unit
undertake the following functions— (R.D.U).
27
(a) providing specialized stock theft prevention
services;
(b) conducting investigations in collaboration with
other security agencies into cattle theft incidences;
and
(c) tracing and identifying owners of the recovered
stock.
19. The Critical Infrastructure Protection Unit shall be Critical
Infrastructure
to protect— Protection Unit.
28
(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 databank;
(e) sharing intelligence with other security related
agencies; and
(f) reviewing and monitoring security of foreign
missions accredited to Kenya
23. The Anti-Narcotics Unit (ANU) is established to Anti-Narcotics
Unit. (ANU)
undertake the following functions—
(a) investigation of drug related cases;
(b) detection and prevention drug 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.
24. The Criminal Intelligence Bureau (CIB) is Criminal
Intelligence
established to undertake the following functions— Bureau. (CIB)
29
(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; and
(i) provide liaison to the Service and other law
enforcement and intelligence agencies both local
and international through dissemination of
criminal intelligence.
25. The Forensic Science Unit is established to Forensic Science.
30
(b) facilitate extradition of fugitives to and from
Kenya in accordance with the existing extradition
treaties and through diplomatic channels;
(c) coordinate 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 cooperation and
promotion of Interpol initiatives.
27. The National Criminal Investigation Academy National Criminal
Investigation
(NCIA) is established to undertake the following Academy. (NCIA)
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 bench marking exercises to ensure
good practice;
(e) collaborate with other learning instittions; and
(f) monitor and evaluate Director of Criminal
Investigation training programmes.
28. The Kenya Airports Criminal Investigation Kenya Airports
Criminal
(KACI) is established to undertake the following Investigation.
functions— (KACI)
31
(b) collection of criminal intelligence; and
(c) liaison between the Directorate and the railways
management .
30. The Specialized Crime Unit is established to Specialized crime
Unit.
undertake the following functions—
(a) special crime prevention unit; and
(b) Flying squad unit.
31. The Economic and Commercial Crime Unit is Economic and
Commercial
established to undertake the following functions— Crime Unit
32
CHAPTER 8: RANKS, DUTIES AND
RESPONSIBILITIES
1. The National Police Service shall consist of the Ranking Structure
of National Police
following ranks as set out in the First and Second Schedule Service.
of the National Police Service Act, 2011—
(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. The Cabinet Secretary may, on the advice of the Amendment of the
Schedule.
National Police Service Commission from time to time, by
Order published in the Gazette, amend the ranking
structure.
3. Despite the job descriptions contained in these General roles and
responsibilities.
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 2011.
4. The Principal Assistant shall be— Duties of
Principal
(a) the Principal Assistant to the Deputy Inspector Assistant.
33
(c) responsible for coordinating the work of
Directorates and branches at the service
Headquarters and ensuring efficiency in the
administration of Kenya Police Service.
5. The Commandant of the General Service Unit shall Duties of
Commandant
be responsible — General Service
Unit (GSU).
(a) to the Deputy Inspector-General, Kenya Police for
the effective and efficient day to day
administration of the Unit;
(b) for implementing policy and directions of the
Service in the Unit;
(c) for the budgeting, planning and provision of
support in the Unit;
(d) for the management, monitoring and evaluation of
the Unit;
(e) for security to the President, the Deputy President,
state houses and lodges;
(f) for security for selected foreign Airlines;
(g) for security to vital installations and strategic
points;
(h) for controlling rioters’ mobs and civil disturbance;
(i) for anti-poaching operations and escort duties;
(j) for banditry and cattle rustling;
(k) for terrorism activities and insurgencies;and
(l) for any other duty as directed by the Deputy
Inspector-General, Kenya Police Service, from
time to time.
6. The Commandant of the Kenya Police College Duties of the
Commandant.
(KPC) shall be responsible— (KPC)
34
(d) for training of Police officers attending
promotional courses;
(e) for training of Police officers attending
performance enhancement courses;
(f) for follow -up programs (post training evaluation);
(g) for setting and marking of examinations for
gazetted officers;
(h) for setting and marking of police law examination;
(i) for setting and marking of service English literacy
examination;
(j) for development and periodical reviews of training
curricula; and
(k) for evaluation of training programmes and syllabi.
7. The Director of Operations shall be responsible Director
Operations.
for—
(a) co-ordinating National Disaster Management;
(b) co-ordinating police operations;
(c) preparing operational orders and training manuals;
(d) ensuring that there is no dumping of transit goods
within the Country;
(e) identifying, installing and maintaining
Communication equipment;
(f) licensing or destruction of civilian firearms;
(g) co-ordinating joint security Operations;
(h) handling of road safety and security matters;
(i) handling of parliamentary questions;
(j) handling of all traffic matters;
(k) co-ordinating refugees and aliens issues; and
(l) co-ordinating East African Police Chiefs
Organization(EAPCO), East African Community
(EAC) and Intergovernmental Authority on
Development (IGAD) matters.
35
8. The duties and responsibilities of the Director of Director of
Personnel.
Personnel shall be —
(a) managing personnel matters in regard to
recruitment, appointments, secondments,
confirmations, promotions, transfers, and
discipline;
(b) managing the welfare of officers of the Kenya
Police Service;
(c) preparing career planning and development;
(d) identifying training needs and developing training
projections;
(e) maintaining and reviewing of police service
establishment in liaison with the human resource
management section;
(f) discipline of officers in the Service;
(g) compiling and maintaining roll of honor,
presidential and other awards;
(h) analyzing administrative reports and preparing
briefs for appropriate action;
(i) co-coordinating and publishing of police
examinations;
(j) organizing and coordinating the following
events—
(i) police service drill competition;
(ii) service rifle competition;
(iii) service athletics competition;
(iv) first aid competitions (County and Regional);
(v) process all matters pertaining to retirement of
officers from the service;
(vi) other sporting events;
(k) personnel legal matters;
(l) coordinating AIDs Control Programme within the
Police Service;
36
(m) provide secretariat for—
(i) Deputy Inspector- General, Kenya Police
Service Commanders Conference;
(ii) promotional Boards;
(iii) flag staff meetings;
(iv) interviews; and
(v) disciplined services prayer day.
9. The Director of Logictics shall be responsible for— Director of
Logistics.
(a) the preparation and submission of annual
procurement work plans;
(b) repairing and maintaining police infrastructure and
support facilities;
(c) provision of general stores;
(d) liaison with police formations or regions and
counties on procurement, replacement,
modification of systems, equipment and plants;
(e) coordination and publication of all police
stationeries, manuals and pamphlets;
(f) provision and kitting of all officers to laid down
scales;
(g) collection and storage of data on all police
logistical requirements;
(h) coordinating with the Chief Service Armourer,
Chief Transport officer, Chief Communication
Officer, Procurement sections and relevant
Government Ministries to ensure that items needed
in the field are readily available;
(i) management of the movement and storage of
logistical materials;
(j) planning, implementing and controlling the
efficient flow of goods and services; and
(k) ensuring availability of goods or services
requisitioned for and ensuring high levels of
customer Service and satisfaction.
37
10. The Director of Coommunity Policing shall be Director of
Community
responsible for— Policing.
38
regional police officers, formation commanders
and county police commanders on matters relating
to gender;
(f) coordinating and liaising with other government
departments on all matters concerning gender;
(g) storage of all information and data on matters
pertaining to gender;
(h) advising the Deputy Inspector General of the
Kenya Police on policy and other areas in
reference to Gender issues;
(i) analysis and dissemination of information on child
abuse and rights;
(j) planning and co-ordination of training and public
awareness on child rights;
(k) monitoring, evaluating and documenting matters
relating to child abuse and rights;
(l) coordinating with the regional police officers,
formation commanders and county police
commanders on matters relating to child abuse and
rights;
(m) coordinating and liaising with other concerned
government departments, NGOs and other
stakeholders on matters pertaining to child abuse
and rights;
(n) storage of all information and data on matters
relating child abuse and rights; and
(o) informing and advising the Deputy Inspector-
General of the Kenya Police on matters relating to
child abuse and rights.
12. The Director of Planning shall be responsible Director of
Planning.
for—
(a) co-ordination and preparation of policies, plans
and works for entire Police Service;
(b) initiating implementation of police development
strategies and projects;
(c) monitoring and evaluating of police projects;
39
(d) compiling annual reports on projects;
(e) facilitating the establishment and gazettment of
police divisions, stations, posts, units and
registration of police plots and buildings;
(f) coordinating planning, development and policy
analysis; and
(g) reviewing, monitoring and evaluating the
infrastructural projects monitoring and evaluating
progress of police plans on rehabilitation and
development of new constructions.
13. The Director of Research and Policy Analysis Director of
Research and
shall be responsible for— Policy Analysis.
40
(a) conducting annual inspection;
(b) analysis of inspection reports from regional police
officers, formation commanders and county police
commanders;
(c) preparation of annual inspection reports;
(d) conducting snap inspections of stations;
(e) give lectures to police training institutions, on
matters pertaining to inspection; and
(f) submitting inspection reports to the Deputy
Inspector-General for the Kenya Police Service for
implementation.
PART I — FORMATIONS
Commandant of
15. The Commandant of the Anti-Stock theft shall be the Anti-Stock
responsible— theft.
41
(e) for maintaining law and order, crowd control and
undertaking security duties in accordance with the
recommended and established standards of civil
aviation security;
(f) for controlling all entry points into the restricted
areas;
(g) for escorting valuables, explosives, arms and
ammunition, wanted and extradited persons, any
other items on request from the parties concerned;
(h) for investigating accidents within airports;
(i) for guarding and protecting vital installations
within airports;
(j) for maintain liaison with the Director-General of
the Kenya Civil Aviation Authority;
(k) for maintain discipline within the Unit; and
(l) for Very Important Person’s security and
coverage within the airports.
17. The Commandant of the Presidential Escort shall Commandant of
the Presidential
be responsible— escort.
42
(a) to the Deputy Inspector –Genral of the Kenya
Police Service for the efficient operation of the
Police Air wing, training of pilots and maintenance
of safety and proficiency standards;
(b) for providing general air support to the Service
including air supply and recce (tact, night and
visual);
(c) for transport air support for the Service,
government ministries and other authorised
agencies and carriage of VIP’s;
(d) for casualty evacuation; and
(e) for relay of communications.
19. The Commandant of the Diplomatic Police Unit Commandant of
the Diplomatic
shall be responsible— Police Unit.
43
(f) to patrol beaches, hotels and tourist circuits
street/roads used by tourists with a view of
averting attacks on them;
(g) to provide escorts to tourists;
(h) to protect tourist from harassment by beach
operators, parking boys and hawkers;
(i) to provide general advice and guidance to tourists;
and
(j) for assisting tourists during cultural festivals.
21. The Commandant of the Dog Unit shall be Commandant of
the Dog Unit.
responsible—
(a) to the Deputy Inspector-General of the Kenya
Police Service for the effective and efficient day to
day administration and training of the Unit;
(b) for the care and maintenance of police dogs;
(c) for procuring, breeding, training and care of all
police dogs ;
(d) for training of police dog masters, dog handlers
and escorts;
(e) for deploying officers and police dogs for crime
detection and prevention.
22. The Commandant of the Railway and Port Police Commandant of
the Railway and
Unit shall be responsible— Port Police Unit.
44
trains and in goods sheds, workshops, ships,
wharves and goods in transit;
(e) for inquiring into accidents on railways or at the
ports;
(f) for rail escort duties in connection with the transit
of gold, money, explosives and arms by rail and
escorting of Railways Corporation and Ports
Authority servants conveying cash to and from
banks and stations;
(g) maintenance of law and order and crowd control
at railway stations, the port areas and the In-land
Container depots.
23. The Commandant of the Traffic Police Unit shall Commandant of
the Traffic Police
be responsible for— Unit.
45
(c) training of police officers attending promotional
courses;
(d) training of police officers attending performance
enhancement courses;
(e) follow -up programs (post training evaluation);
(f) development and periodical reviews of training
curricula; and
(g) evaluation of training programmes and syllabi.
PART II—STAFFING OFFICERS (SOA, SOB) SOPS
25. The Staff Officer Personnel 1 shall be responsible Staff Officer
Personnel 1.
for—
(a) preparation of promotion boards;
(b) transfers;
(c) training;
(d) recruitment ;
(e) retirement,resignation,removals or dismissal;
(f) discipline;
(g) appeals to the National Police Service
Commission;
(h) secondment or attachment;
(i) medical boards;
(j) performance appraisal;
(k) confirmations;
(l) funerals or burials;
(m) honours and awards;
(n) certificate of service; and
(o) gazetted officers examination.
26. The Staff Officer Personnel II shall be responsible Staff Officer
Personnel II.
for responsible for —
(a) promotions;
(b) transfers;
(c) retirement, resignation, removals or dismissal;
46
(d) discipline and appeal to the National Police
Service Commission;
(e) Medical Board;
(f) performance appraisal;
(g) certificate of discharge;
(h) police law examination;
(i) confirmation to substantive ranks; and
(j) secretary for Board II.
27. The responsibility of the Staff Officer Personnel Staff Officer
Personnel III.
III shall be—
(a) promotions;
(b) interviews for courses;
(c) subordinate officers to inspector (SOIP) Boards;
(d) transfers;
(e) disciplinary Boards Appeals;
(f) discipline;
(g) retirement ,removals, dismissal or resignation;
(h) confirmation of constable;
(i) medical Board;
(j) english literacy examination; and
(k) secretary for Board III.
28. The responsibilities of the Staff Officer Operations Staff officer
Operations.
shall be—
(a) disaster preparedness and management at all levels
within the County;
(b) co-ordinating police operations within the County;
(c) preparing operational orders and training manuals
within the County;
(d) ensuring that there is no dumping of transit goods;
(e) maintaining communication equipment within the
County;
47
(f) supervision of civilian firearms within the
County;
(g) co-ordinating joint security operations within the
county;
(h) handling of road safety and security matters within
the county;
(i) handling of parliamentary questions ;
(j) handling of all traffic matters within the county;
and
(k) co-ordinating refugees and aliens issues within the
County.
29. The Company Commanders or Field Companies Company
Commanders or
shall be responsible— Field Companies.
48
30. The Deputy Company Commander shall be Deputy Company
Commander.
responsible for—
(a) assuming command in the absence of the Company
Commander;
(b) organizing , planning and coordinating of training
within the company;
(c) enforcement of discipline ORP;
(d) general personnel welfare;
(e) perusal of records and registers; and
(f) call-ups.
31. The Platoon Commander shall be responsible— Platoon
Commander.
(a) to the Company commander for the efficient or
smooth administration of the platoon;
(b) for the prevention and detection of crimes and
enhancement of patrols;
(c) for investigation of complains received and
recorded;
(d) for keeping his Company commander informed of
matters affecting operations within his area of
operations;
(e) to visit scenes of serious incidents;
(f) to maintain close co-operation with other
Government authorities;
(g) for collection of intelligence;
(h) for carrying out inspections;
(i) for care, custody and maintenance of arms and
ammunition;
(j) for the welfare for platoon;
(k) for enforcement of discipline;
(l) to attend call-ups personally unless otherwise; and
(m) any other duty assigned by the Company
Commander from time to time.
49
32. (1) This rank is assigned to officer in charge of a Officer in Charge
Police Station.
Police Station.
(2) The Officer-in-Charge of a police station is
responsible to his Sub-County 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) scene of crime;
(f) outbreak of crime and for organizing special police
operations;
(g) 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-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; and
(n) monitoring and evaluation of Police operation
within the area.
33. (1) The Deputy Platoon Commander is responsible Deputy Platoon
Commander, OC
for— .Crime, Incharge
post.
50
(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), the
Independent Police Oversight Authority where
necessary;
(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.
(2) The Platoon Commanders shall be responsible—
(a) to the Company Commander for the efficient and
effective administration of the Platoon;
(b) to provide back up in dealing with situations
affecting internal security;
(c) for dealing with special operations and civil
disorders; and
(d) for dealing with cases of banditry and cattle
rustling.
34. The Platoon Sergent shall be responsible for— Platoon Sergeant.
51
(c) be answerable to the platoon sergeant for the
efficient management of section personnel; and
(d) patrol register.
36. The Sub-County Directorate of Criminal Sub-County
Directorate of
Investigations Commanders are responsible to the County Criminal
Directorate of Criminal Investigations Commanders for— Investigations
Commanders.
(a) guiding and directing police officers in the
investigation of crime;
(b) maintaining liaison with other sub-county
Directorate of Criminal Investigations in the
County;
(c) keeping the county Directorate of Criminal
Investigations Commander and the Sub-County
Commanders conversant 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 Directorate of Criminal Investigations
commanders to consult with County Directorate of
Criminal Investigations commander 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 sub-
counties;
(h) taking over complicated or protracted
investigations after consultation with the Sub-
County Commanders; and
(i) coordinating the investigation of serious crimes
which are apparently committed by the same
person.
37. The Principal Assistant to the Deputy Inspector- Principal
Assistant to the
General— Deputy Inspector
General.
(a) shall be the second-in-command in the Service and
answerable to the Deputy Inspector-General
52
generally on all matters regarding the Service, and
specifically on any matter as may be assigned;
(b) shall guide and coordinate staff tasks and ensure,
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;
(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.
38. The personal staff— Personal Staff to
the Deputy
Inspector General.
(a) shall work under the Deputy Inspector-General’s
immediate instruction and control in performing
specific tasks;
(b) may be tasked to coordinate actions and issues
with other staff members, though 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
53
to their executive responsibility over respective
branches , sections or offices.
39. (1) The Commander in charge of a Unit shall be Unit Commander.
54
(l) co-operating and engaging in joint security
operations with other Administration Police
Service units and County Commanders, Kenya
Police Service units and county commanders,
other Government departments or other security
organs to ensure the safety and security of the
public; and
(m) performing any such other duties as may be
assigned by the Deputy Inspector General or as
may be prescribed by law.
40. (1) The Deputy Unit Commander shall be the Deputy Unit
Commander.
principal assistant to the Unit Commander and shall be
answerable only to the County Commander on matters
assigned.
(2) The specific tasks of the Deputy Unit Commander
include—
(a) coordinating development and implementation of
unit strategy or work-plan and performance
contract;
(b) coordinating the tasks of the Staffing Officers;
(c) supervising preparation and execution of
operations including appropriate operation orders;
(d) briefing the Unit Commander on the progress of
operations;
(e) supervising the preparation of the post operation
reports by operations section; and
(f) coordinating and championing community
policing initiatives.
PART III —WARD COMMANDS
41. (1) The Ward Commander is responsible to the Ward
Administration
sub-county commander for the general administration and Police
command of the Administration Police service including Commander.
55
(a) administration of the service at the ward which
includes managing staff matters including career,
performance, discipline and welfare [such as
leave, pay, recommending promotion, housing
and welfare, exit and pensions etc], Reports &
Returns [R2], inspections and resources
requisition and use [stores, equipment etc]; and
(b) administration of the law which involves police
enforcement actions, processing of suspects
arrested to the courts including detention in
police custody, preparation of case files,
forensics processing and other evidentiary
materials etc.
42. The Deputy Ward commander— Deputy Ward
Commander.
(a) is the principle assistant to the ward commander;
(b) is the staff officer responsible for personnel
administration to ensure effective management of
personnel affairs, their performance and welfare
and other related matters within the command;
and
(c) shall carry out the duties of Ward Commander in
his absence.
43. The Ward Operations Officer shall be Ward Operations
Officer ,Police
responsible— Station Affairs
Liaison Officer.
(a) to the Ward Commander for crime combating
operations in the ward;
(b) for overseeing operations in the outposts and
coordinate operations involving more than one
outpost;
(c) as the liaison officer with police stations to
support outpost personnel in the timely delivery
and processing of suspects of interest to the
Administration Police at the police stations;
(d) for community policing activities within the
ward; and
(e) as the crime analyst at the ward level.
56
44. (1) The Commander in charge of the Administration
Police Post and
Administration Police post or outpost and his team shall Outpost
form the frontline level in delivery of police services to Commander.
the public.
(2) The post or outpost commander shall be
responsible to the Ward Commander for the
administration of personnel under his command and the
effective crime detection and prevention actions and other
services to the public.
(3) The specific duties of the Administration Police
Post and Outpost Commander include—
(a) planning for and supervising beats and patrols
and organize personnel under command for
effective patrols and operations ;
(b) continuously monitor the prevailing security and
law and order situation in the area of
responsibility and initiate action which include
plan and execute operations to combat crime,
prepare appropriate briefs and reports to ward
commander;
(c) supervise all personnel under his charge and give
an account of their location at any time;
(d) the post or outpost commander is responsible for
leading in person beat and patrol teams to
maintain a robust presence and deterrence to
crime in his area, in his absence he will usually
assign his second in charge and the Commander
shall at all time ensure that a senior constable is
assigned as the patrol team leader whenever his
or her presence or of the second in charge is not
possible;
(e) preparation of required reports and returns within
his jurisdiction in regard to personnel, crime
combating and other operations, stores and
equipment, etc;
(f) the officer in charge conducts briefing and
debriefing tasks within his command as required
to ensure clarity of general and specific tasks and
assignments to personnel under command;
57
(g) the officer in charge is responsible for receiving,
recording all complaints made by the public and
officers and addressing those within his
competency and authority;
(4) In order to be effective, the post/outpost
commander is required to have an assistant [post/outpost
second in charge] and the role of the second in charge is
to generally assist the commander in running the affairs of
the post/outpost including gathering and analyzing
information from beat and patrol teams, guard and sentry
teams or other officers who may have been assigned any
other duty to undertake, identifying crime hotspots and
targets, and drawing and planning for patrols and target-
specific operations—
(a) the teams comprise of a team leader, who may be
the post commander or his second in charge or a
designated Senior Constable, and a number of
constables charged with the responsibility of
carrying out assigned duties within their given
area of responsibility;
(b) the responsibility of officers in teams individually
or collectively shall include—
(i) providing assistance to the public when in
need;
(ii) maintaining law and order;
(iii) protecting life and property;
(iv) executing orders and warrants lawfully
issued;
(v) preserving and maintain public peace and
safety;
(vi) collecting and communicate intelligence
affecting law and order;
(vii) preventing the commission of offences and
public nuisance;
(viii)investigating crime, detect offenders, and
apprehend all persons whose apprehension
sufficient ground exists; and
58
(ix) performing any other duty as may be assigned
by his superiors.
45. The Administration Police Commander in charge Administrative
Police County
of county shall be responsible for— Commander.
59
(k) co-operating and engaging in joint security
operations with the County Commander In-charge
of the Kenya Police Service, other Government
departments or other security organs to ensure the
safety and security of the public;
(l) establishing a facility in each police post or other
premises for receiving, recording and reporting
complaints from members of the public; and
(m) perform such other duties as may be assigned by
the Deputy Inspector-General or as may be
prescribed by law.
46. The Administration Police Deputy County Administration
Police Deputy
Commander shall be the Principal Deputy to the county County
commander and shall be answerable to the county Commander.
60
(b) providing operational guidance and direction for
the sub-county administration police;
(c) preparing the budget, planning and provision of
support for sub-county ap officers and submit to
the county commander;
(d) monitoring and evaluating the administration
police services at the county and submit quarterly
reports to county commander;
(e) undertaking the supervision of the ap officers as
spelt out in the law;
(f) in consultation with sub-county security team,
advising and recommending to the County
Commander on the establishment, maintenance
and abolishment of outposts, units and unit bases
at the sub-county level;
(g) ensuring the receiving, recording and reporting of
complaints from members of the public in all aps
premises in sub-county are up-to-date;
(h) conducting training need assessment and keeps an
inventory of the skills of his personnel and
advising the County Commander accordingly.
shall also constitute sub-county training
committee;
(i) providing internal oversight of the APS at the Sub-
county in terms of professionalism (code of
conduct), accountability in all legislations relating
to provision of security;
(j) improving transparency and accountability among
administration police officers under his command;
(k) establishing and maintaining a relationship
between the administration police service and the
community within his jurisdiction;
(l) co-operating and engaging in joint security
operations with the Sub-County Commander In-
charge of the Kenya Police Service, other
government departments or other security organs
to ensure the safety and security of the public;
61
(m) developing the sub-county strategy or workplan
and performance contract; and
(n) performing such other duties as may be assigned
by the County Commander or by law
48. The order of precedence of police officers of the Order of
precedence.
same rank shall be according to the dates of their
appointment to the rank.
49. An officer in the Service may, in the performance Cooperation and
support across the
of his duties and responsibilities request for assistance from Service.
the Kenya Police Service, the Administration Police
Service or the Directorate of Criminal Investigations, as
may be necessary.
50. When an officer of the Directorate of Criminal Assistance to
Officers of the
Investigations requires assistance from a police officer Directorate of
designated in a police station, post, outpost, unit base or a Criminal
Investigations.
patrol base, such assistance shall be given promptly.
51. The offences in Appendix 42 together with all Offences, to be
notified to
offences under the Ethics and Anti-Corruption Commission Director,
Act, Proceeds of Crime and Anti-Money Laundering Act, Directorate of
Criminal
shall be notified to the Directorate of Criminal Investigations.
Investigations by the police officers whose area the
offences have been committed.
62
CHAPTER 9— CHAIN OF COMMAND
1. (1) The chain of command is the clear line of Chain of
Command.
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. (1) A police officer shall be accountable to only Unit of
Command.
one supervisor at any given time.
(2) A 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 shown on the
Service organizational chart.
(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, coordination, 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.
63
(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.
3. (1) The officer-in-charge of any non-planned Officer-in-charge.
64
(c) to Inspector General for the effective and efficient
administration of the county;
(d) to provide strategic guidance and direction to all
offices at the county;
(e) to establish and maintain good relations between
the services and general community;
(f) to provide internal oversight of police at the
county;
(g) to coordinate training of police officers at county
level;
(h) to manage, monitor and evaluate performance;
(i) to plan, organize and coordinate joint security
operations;
(j) to prepare and execute all operational orders; and
(k) to perform such other issues as may be assigned by
Inspector- General or as prescribed by law.
(4) The county coordinator shall be the rank of a
commissioner.
65
CHAPTER 10— STRUCTURE OF POLICE STATIONS,
OUTPOSTS, POSTS, UNITS AND UNIT BASES
1. (1) The Inspector-General shall from time to time, Designation of
Police Stations,
by a notice in the Gazette, designate police stations, posts, Outposts, Posts,
outposts, units and unit bases as a place of custody. Units and Unit
bases.
(2) The Deputy Inspectors-General of the Kenya
Police Service and the Administration Police Service shall,
subject to the direction of the Inspector-General establish
outposts, posts, 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.
2. The Inspector-General shall ensure that, pursuant Equitable
distribution of
to the national values and principles of governance police stations.
contained in Article 10 of the Constitution, designated
police stations are equitably established and distributed
throughout the Republic.
3. Police Stations shall be the center for the Functions of the
police stations.
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. A police Officer-in-Charge of a police station Responsibilities of
a police officer–
shall be responsible for the following— in-charge of a
police station.
(a) facilitate the preparation of the police station
budget;
(b) establish a facility in the station for receiving and
recording of complaints and reports from the
members of the public;
66
(c) keeping of records in accordance with approved
guidelines ;
(d) register victims of crime and violence and
facilitate the establishment of support schemes;
(e) secure detention and welfare of persons suspected
of having committed an offence.
5. (1) A Police Station commander shall have one Deputy station
commanders and
deputy from Kenya Police and a liaison officer from liaison officers.
Administration Police who shall facilitate the execution of
administrative and command functions of their respective
Services as well as participate in operational creativity in
accordance with section 40 of the National Police Service
Act, 2011.
(2) In the absence of a Station Commander, the deputy
shall assume the office.
6. The Administration Police Service Liaison officer Functions of
Administration
shall be responsible to— Police Service
Liaison officer.
(a) oversee all the administrative functions of the
Administration Police Service at the station;
(b) being the link man between the Administration
Police Service and police services offered at the
police station;
(c) facilitate the issuance of crime number to
Administration Police Officers as and when is
required;
(d) follow up and documentation of records
pertaining to cases originating from
Administration Police establishment within such
jurisdictions;
(e) working closely with crime branch office at the
police station to provide investigative support to
case initiated or reported by Administration Police
Officers; and
(f) provide monthly reports to the County or Sub
County commander for all cases handled by the
Administration Police Service for crime
monitoring purposes.
67
CHAPTER 11—TRAINING INSTITUTIONS
1. (1) The Inspector-General may recommend the Establishment of
training
establishment, management and maintenance of training institutions.
institutions, centers of excellence or places for the training
of officers joining the Service and other officers.
(2) The Deputy Inspectors-General and the Director of
Criminal Investigations shall coordinate training in their
institutions from time-to-time.
2. The Independent Policing Oversight Authority Inspection of
training
may inspect a training institution in accordance with institutions.
section 6 (e) and 7 (u) of the Independent Policing
Oversight Authority Act, 2011.
PART I—TRAINING INSTITUTIONS UNDER THE
ADMINISTRATION POLICE
68
(b) to respect human rights and fundamental
freedoms and dignity in order to achieve highest
standards of professionalism and discipline;
(c) to initiate development of recruits and other staff
training curriculum;
(d) to train recruits police officers;
(e) to train cadets police officers;
(f) to train and enhance skills for the constables and
non-commissioned officers;
(g) to train police officers attending promotional
courses;
(h) to conduct applied research in matters pertaining
to policing;
(i) to monitor evaluate and review training programs;
(j) to administer recruits and other trainees
examinations;
(k) to offer police science programs in collaboration
with institutions of higher learning;
(l) to manage rehabilitation programmes for police
officers;
(m) to training of immigration officers on paramilitary
courses;
(n) to offer law enforcement courses to other
security/law enforcement support agencies; and
(o) to conduct any other training as may be directed
by the Deputy Inspector-General of the
Administration Police Service.
5. The mandate of the Administration Police Driving Administration
Police Driving
School shall be to— School.
69
(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. The mandate of the Administration Police Law Administration
police law
Enforcement School shall be to— enforcement
school.
(a) train staff , police and others, to the highest
possible standards of competence and integrity and
to respect human rights and dignity;
(b) train law compliance and best practices in law
enforcement and National Security management,
Administration, operations and citizen care;
(c) develop and revise the curriculum to respond to
emerging and contemporary issues in regard to law
enforcement and national security in accordance
with the Commission’s Guidelines;
(d) evaluate police officers;
(e) administer in-service examinations;
(f) provide consultancy services for police
commanders regarding administration and
operations in their counties, units and formations;
and
(g) provide rehabilitation services for police officers.
7. The madate of the Administration Police Signal Administration
police signal
School shall be to— school.
70
(b) train officers on basic signals and operation
communication skill;
(c) offer basic signals course for signalers;
(d) train and test for upgrading of signalers in the
Service; and
(e) continuous monitoring and evaluation of
competency of the Administration Police signalers.
8. The mandate of the Border Patrol Training School Border Patrol
Training School.
shall be to—
(a) train national, regional and international police
officers on border security operations and law
enforcement and specialized skills;
(b) train national, regional and international border
law enforcement officers;
(c) train police officers on peace support and conflict
management;
(d) offer basic border security courses to other support
security agencies;
(e) coordinate and facilitate marine training with
relevant training institutions;
(f) offer international police senior management
course and other agencies on border operations
and management;
(g) offer basic and advanced specialized skills
training; and
(h) train police officers on protection on government
property, vital installations, and strategic points.
9. The mandate of the Administration Police Senior Administration
police senior staff
Staff College shall be to— college.
71
(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.
10. The mandate of the Administration Police Field Administration
Police Field
Training School-Kanyonyo shall be to— Training School-
Kanyonyo.
(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;
(g) train service armorers; and
(h) offer stock theft training courses.
11. (1) The mandate of the Administration Police Administration
Police Field
Field Training School-Kitui shall be to— training School-
Kitui.
(a) offer combat and tactical operation training to the
Service;
(b) offer tactical and border patrol operations
courses;
(c) offer basic special to role courses;
(d) train on combat and tactical courses to specialized
units;
72
(e) offer training on counter-insurgency and counter
terrorism courses;
(f) offer special operations and exercise planning
courses;
(g) offer anti stock theft training courses.
(2) The following regional training centres are under
Administration Police Field Training School-Kitui—
(a) Tana Delta Regional Training Centre;
(b) Matuga Regional Training Centre; and
(c) Bungoma Regional Training Centre.
12. The mandate of the Administration Police Administration
Police Armourers
Armourers Training School shall be — Training School.
73
(2) The Deputy Inspector General of the
Administration Police Service shall facilitate and accord
access to the facility other security agencies to undertake
training.
(3) The mandate of the Administration police
leadership and sports academy shall be to—
(a) train police officers and other organisations in
functional leadership and management;
(b) cut out the research and development in the field
of experiential training;
(c) examine and accredit trainees and outdoor
instructors;
(d) devlop 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.
PART II—TRAINING INSTITUTIONS UNDER THE
KENYA POLICE
14. The mandate of the Kenya Police Driving School 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) training and testing for upgrading of drivers
currently in service;
(d) training of drivers on minor mechanical parts of
the vehicle;
(e) continuous monitoring and evaluation of
competency of drivers; and
74
(f) form a driving research section in relation to road
accident within the police.
15. The mandate of the Kenya Police Signal School Kenya Police
Signal School .
shall be to—
(a) train Service Signalers and operation
communication skills;
(b) offer basic Signals course for signalers;
(c) train and test for upgrading of signalers in
Service; and
(d) continuous monitoring and evaluation of
competency of Kenya Police Service signalers.
16. The mandate of the Kenya Police Staff College Kenya Police
Staff College
Loresho shall be to— Loresho.
75
(b) training of recruits;
(c) training of Police officers attending promotional
courses;
(d) training of Police officers attending performance
enhancement courses;
(e) training of Cadet Inspectors;
(f) training of Police Superintendent(Higher Training
Course);
(g) training of supervisory and Senior Supervisory
courses;
(h) follow -up programs (post training evaluation);
(i) setting and marking of gazetted officers
examinations;
(j) setting and marking of police law examination;
(k) setting and marking of Kenya Police Service
English Literacy Examination;
(l) development of training curriculum;
(m) evaluation of training programmes and syllabi;
(n) to offer police science programs in collaboration
with institutions of higher learning;
(o) to manage rehabilitation programmes for police
officers; and
(p) to establish, manage and utilize the existing
satellite training centres in the counties for use by
the Service.
(2) The following training institutions are under
Kenya Police Training College Kiganjo—
(a) Railway Training Centre-Makindu;
(b) Traffic Training School- Ngong; and
(c) All regional training centres or schools.
18. The mandate of the General Service Unit (GSU) General Service
Unit (GSU)
Training School shall be to— Training School .
76
(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 centers in the counties for use by the
Service.
19. The mandate of Anti-Stock Theft Unit ( ASTU) Anti-Stock Theft
Unit (ASTU)
Training School- Gilgil shall be to— Training School-
Gilgil.
(a) train officers to the highest standard of
professionalism, competency and Iintegrity;
(b) train police officers undergoing performance
enhancement courses;
(c) develop a training curriculum;
(d) evaluate training programmes and syllabi; and
(e) enhancing capacity of police officers in all fields
of specialized training.
PART III—TRAINING INSTITUTIONS UNDER THE
DIRECTORATE CRIMINAL INVESTIGATIONS
20. The mandate of the National Criminal National Criminal
Investigations
Investigations Academy shall be to— Academy.
77
(c) undertake training of all police and Directorate of
Criminal Investigation officers on criminal
investigations;
(d) develop relevant criminal investigation courses
and programmes for the academy and other police
institutions;
(e) provide liaison services for the Directorate of
Criminal Investigation or police and other training
institutions;
(f) provide prudent financial management practices to
ensure finance accountability;
(g) provide relevant investigation or security training
courses to other government organizations;
(h) conduct research and development for the
Directorate of Criminal Investigation;
(i) initiate training needs assessment and curriculum
development;
(j) offer training on peace support operation related
courses;
(k) offer police science programs in collaboration with
institutions of higher learning; and
(l) manage rehabilitation programmes for police
officers.
78
CHAPTER 12: COUNTY POLICING AUTHORITY
1. There shall be established a County Policing Establishment of
the County
Authority in respect of each county as set out in section 41 Policing
of the National Police Service Act, 2011. Authority.
79
6. (1) The functions of the Authority shall be to— Functions of the
Authority.
(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. The role of County Policing Authority in Role of County
Policing Authority
Community Policing shall be in accordance with Section 97 in Community
of the National Police Service Act, 2011. Policing.
80
10. (1) Every County PolicingAuthority shall meet at Meeting of the
Authorities.
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. Members of the Authority, irrespective of their Payment of
allowances.
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, 2011.
81
APPENDIX 1— ORGANIZATION STRUCTURE OF THE NATIONAL POLICE SERVICE
NATIONAL POLICE
SERVICE
DIRECTORATE OF ADMINISTRATION
KENYA POLICE
CRIMINAL POLICE SERVICE
SERVICE
INVESTIGATIONS
INTERNAL AFFAIRS
UNIT
82
83
APPENDIX 3—ORGANIZATION STRUCTURE, OFFICE OF THE INSPECTOR GENERAL - (OPERATIONAL)
INSPECTOR GENERAL
Service Board
PRINCIPAL ASSISTANT
IG’s Coordination
Unit
Legal Affairs Police Counter- Human Capital Operations Public Chief of Staff Integrated National
Reforms Administratio violent Development Audit Communicatio Command & Police
- Prompt Legal n Extremism & ns - Staff Control Airwing
Advice to IG - ICT, Organised - Recruitment, - Internal Administration, Centre (I C³s)
and Services - - Finance Crime Appointments, Security - Corporate Coordination of -
Transformation, - Planning - Terrorism Promotion, Bureaus Communication Projects - CCTV
-Drafting, - Policy - Supply Chain - Anti- Deployment - NPS Records Surveillance
Reviewing, Advisory & Management Narcotics - Discipline. and - Associations - Facilitation of Systems
Evaluating all Implementation - Financial - Organized Retirements Archives & Memberships Office Services
Legal - CPA Audit - Anti-Human (Policy and - Criminal
Instruments - Community Trafficking Oversight) Intelligence, - Public Affairs
within NPS i.e. Policing - Anti – - Quality Audit of Police
MOUs & - Human Rights Counterfeit Assuarance Operations &
Contracts - Research and & Contraband Functions
- Handle both Development Human - Service
Civil and Resource Organization/
Criminal Development Development
Matters - Curriculum - Liaison &
affecting NPS Development Interpol
in Court. - Welfare and - Collection of
Sports Intelligence,
- Training - Analysis,
Policy
84
APPENDIX 4— ORGANIZATION STRUCTURE FOR THE KENYA POLICE SERVICE – HEADQUARTERS (STAFF)
DIG KPS
LEGAL
INTERNAL
AUDIT
85
APPENDIX 5—ORGANIZATION STRUCTURE FOR THE KENYA POLICE SERVICE – (COMMAND)
$
DIG$KPS$
$
PRINCIPAL$DEPUTY$TO$
DIG!
86
APPENDIX 6—ORGANIZATION STRUCTURE FOR THE ADMINISTRATION POLICE SERVICE – (HEADQUARTER)
DIG
PRINCIPAL
ASSISTANT TO
DIG
REGIONAL
COMMANDERSRS
SUB-COUNTIES COMPANIES
COMPANIES COMPANIES COMPANIES COMPANIES COMPANIES
COMMAND
APL RT
WARDS PLATOO PLATOO SC C
NS
NS
OUTPOST
KEY S
HQ -Headquarters APLSC- Administration Police Leadership and Sports Centre
SGB -Security of Government Buildings APSSC- Administration Police Senior Staff College
CIPU-Critical Infrastructure Protection Unit APSSPU–Administration Police Specialized StocPrevention Unit
RDU- Rapid Deployment Unit RTC-Regional Training Centre
RBPU- Rural Border Patrol Unit BPS-Border Patrol School
APTC- Administration Police Training College
VIPPU – Very Important Persons Protection Unit
87
APPENDIX 7— ORGANIZATION STRUCTURE OF THE ADMINISTRATION POLICE SERVICE – ( COMMAND)
KEY
COS-Chief of Staff T/R-Training & Reforms TRN-Transport
ADJ-Adjutant SIGCOM-Signals & Communication FIN-finance
OPS-Operations INSP & COM-Inspection & Complaints CDA-Crime Data Analyst
LOGS- Logistics CP-Community Policing ICT-Information Communication Technology
P/R –Planning & Research WEL-Wellness O/INTEL-Operational intelligence
L/A-Legal Affairs SQM-Service quarter master ACC-Accounts
HCM-Human Capital Management SA-Service Armory HSE/EST- Housing and estates
PROC- Procurement COUNS-Counseling CHAP-Chaplaincy
HRM- Human Resource Management MED-Medical PERSONNEL ADM- Personnel administrator
88
89
APPENDIX 9— ORGANIZATION STRUCTURE FOR THE DIRECTORATE OF CRIMINAL INVESTIGATIONS – (COMMAND)
90
APPENDIX 10— ORGANIZATION STRUCTURE FOR THE INTERNAL AFFAIRS UNIT
Director
Internal Affairs Unit
Deputy Director
Internal Affairs Unit
Legal Services
Human Resource Finance
Management
Records
Management
91
APPENDIX 11—ORGANISATIONAL STRUCTURE OF A POLICE STATION
92
PART II— GENERAL PROVISIONS
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.
93
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, 2011. 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,
but 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:—
94
(i) alarm and Fire orders;
(ii) patrol and Beat;
(iii) uties of Report Office, Staff and sentries;
(iv) arades 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.
95
CHAPTER 13— NATIONAL POLICE SERVICE
AIRWING
1. (1) The National Police Service Air Wing shall— The National
Police Service Air
wing.
(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. (1) A police aircraft shall be flown by an Air wing Responsibility of
a pilot.
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
96
(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) Sub-paragraphs (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
97
(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. Only authorized persons as specified in the Authorized
persons.
Regulations, Pilot Orders and National Police Service Air
Wing Operations Manual shall travel in police aircraft.
5. (1) While operating in bushy forest or other remote Air to ground
communication.
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. (1) Night reconnaissance may be used in locating Night
reconnaissance.
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.
98
(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. (1) Ground commanders may use visual Visual
reconnaissance.
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. (1) An authorized officer may, through the Request for an
aircraft.
National Police Service Air wing Operations Room request
the Director for an aircraft.
(2) A request made under sub-paragraph (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.
99
9. (1) The following requirements shall be complied Casualty
evacuations.
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. (1) A pilot who is locating or tracing stolen Emergency
operation.
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;
100
(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. (1) For purposes of communication flight, the Communication
flights.
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—
101
(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.
102
(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. The rules governing dropping zones are— Dropping zone
rules.
(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.
103
CHAPTER 14—ARMS AND AMMUNITION
1. (1) All arms and ammunition shall be held on Scale of issue.
104
(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. Except with written permission of the Inspector Police arms not to
be loaned.
General, no police arms or ammunition shall be loaned to
non police persons or bodies.
5. (1) Arms and ammunition which are not in the Safe custody of
arms and armory
physical possession of a police officer shall be kept in a security.
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. Arms and ammunition shall only be stored at Storage of arms
and ammunition.
police premises and be under constant guard.
7. (1) Where a permanent armory is not available, at Safe custody of
weapons where no
police posts, patrol bases, outposts and other units arms armory exist.
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. (1) Two keys for each lock or padlock shall be Armory keys.
105
9. Where it is not possible for police officers to store Custody of arms
and ammunition
arms and ammunition in accordance with this Chapter, the where storage is
following provisions shall apply— impossible.
106
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. When proceeding on leave or duty, and a firearm Safe custody.
107
(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.
108
16. The Daily Strength Disposition Board shall be in Daily Strength
Disposition
the form provided in the Operational Manual and electronic Board.
format. It shall be maintained in the armory showing the
total arms and ammunition held on charge and on deposit.
109
17. Before armory keys are taken over, the incoming Armory handing
over.
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. The Officer-in-Charge of police premises having Daily check of
arms at Station,
arms and ammunition under their charge shall personally Post and Units.
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. (1) In the case of loss of a firearm or ammunition, Loss of fire arms
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 sub paragraph (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. (1) All arms .shall be held on Divisional, Sub- Accounting of
arms.
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. The respective Chief Service Armoirer shall keep Arms record.
110
Headquarters, by means of the quarterly Arms Returns
from Formations or Sub-County and the Annual Arms
Census.
22. (1) The transfer of arms between County or Transfer of arms.
111
25. (1) The issue and write off of ammunition shall be Ammunition
issues and write
conducted as follows— offs.
112
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. The Service shall undertake the disposal of empty Disposal of empty
catridge cases.
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. (1) Blank, dril or dummy ammunition shall be Blank, drill or
dummy
kept in separate boxes separate from live ammunition and ammunition.
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 sub paragraph (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
113
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. (1) All arms and ammunition in transit shall be Arms and
ammunition in
guarded by suitable escort as follows— transit.
(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
114
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.
115
29. The provisions in this paragraph govern routine or General.
116
(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. (1) The Range Council shall designate a Fencing of range
land boundary.
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—
117
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
NYEKUNDU INAONYESHWA KWA SABABU
WAKATI HUO WATU HUWA WANAPIGA RISASI
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 shallbe 2,000 meters and the width varying
with the number of targets required in accordance with the
following table—
118
APPENDIX 14(a) —PART I
SCALE OF ISSUE OF ARMS - KENYA POLICE SERVICE
Weapon Nairobi County/ County/ K.P.C. Kenya Railways And G.S.U A.S.T.U. D.C.I.
County Formation Other Formation In Ports Unit
Than In Operational
Operational Areas.
Areas.
Rifle .303/7.62mm 1 per all 1 per all ranks 1 per all ranks 1000 Unit 1 per all ranks 1 per all ranks 1 per all ranks 20 D.C.I. per
ranks charge 100 1000 training 100 skeleton division
skeleton school 100 action
action. skeleton.
AK47 1 per all 1 per all ranks 1 per all ranks 1000 per all 1 per all ranks 1 per all ranks 1 per all ranks 1 per all
ranks rank 1000 training ranks
L.M.G. 10 Nairobi 4 County Hqs 4 per Sub-County. 10 Unit. 4 per Sub-County Hqs 30 GSU 20 Trg 10 Unit Hqs 1 -
County Hqs Hqs. 4 per P/stn 4 Charge 3 school 1 skeleton
per outpost skeleton skeleton action Trg
action. wing. 6 per
group
GPMG 2 per Sub- 1 Per County. 1 2 County. Hqs. 1 5 per Unit 1 Sub-County. Hqs 10 G.S.U. Hqs Unit Hqs. 2 -
County Hqs Per Sub-County Sub-County. Hqs. Charge 1 5 Trg. School 3 per group
Hqs 1 stn. Hq 1 out- Sub-County per platoon
post. Hqs
S.M.G. 5 County. 3 County. Hqs. 4 1 per gazette 20 Unit 3 Formation Hqs. 5 50 G.S.U. Hqs. 10 Unit Hqs. 4 10 D.C.I.
Hqs. 4 Sub- Sub-County Hqs. Officer Inspector, charge. 5 NbiCounty. 4 3 Coy Hqs. 5 Group. 10 Hqs.
County. 3 per Stn. 3 per NCO except skeleton KilindiniSub-County. 3 per Platoon. 50 Trg. 2
Hqs. 3 per post. D.C.I. Nakuru Sub-County Trg school and skeleton
Stn. 3 per skeleton action. action.
post.
119
Revolver .38/Auto 1 per all 1 per Gazetted 1 per Gazetted 100 Unit 100 Nairobi County. 60 1 per Gazetted 1 per Gazetted 1 per all
pistol ranks. officer and officer and charge. 10 KilindiniSub-County. Officer and Officer and ranks.
inspector, 1 per inspector skeleton 60 NakuruCounty. Inspector. 1 per Inspector 10
Driver and action. all ranks Recce unit Hqrs. 10
operator
Operator 100 Trg Trg. Wing
School. 10 skeleton
skeleton action action T/wing.
Pistol Signal 1 inch 5 Area Hqs. 4 per Sub-County. 4 Sub-County 5 Unit 1 per Sub-County. 1 per 20 G.S.U. Hqs. 5 Unit Hqs10 5 per DCI
2 Sub- 3 per Stn. Hqs. 3 per Stn 3 charge Marine launching 20 Trg school Trg Wing 2 division
County. per post. including section at 1 Coy Hqs. 3 per group.
Hqs 3 per Kisumu. per platoon.
Stn
Rifles .22 7.62 50 Unit 30 County Hqs 30 County Hqs 100 Unit 30 unit charge 100 Trg school 30 Trg wing.
conversion charge charge
Revolver .22 30 weapon 6 per Sub-County. 6 per Sub-County. 20 Unit 6 per Sub-County. 20 G.S.U. 40 20 Trg Wing I per rank
Trg Unit charge Trg school
Tear Gas pistol 1 ½ 1 per Riot 1 per Riot Squad 1 per Riot Squad 4 Unit 1 per Riot Squad 3 Trg school 1 1 per Riot -
inch. Squad charge per platoon Squad
Rifles Gas firing 2 per Riot 2 per Riot Squad 2 per Riot Squad 10 Unit 2 per Riot Squad 10 Trg school 2 per Riot -
Squad charge 2 per platoon Squad
Shotgun 12 Bore 1 per Sub- 1 per Sub-County 4 per Sub-County. 6 Unit 1 per Sub-County Hqs 12 Trg school 6 Trg Wing 4 D.C.I.
County Hqs. Hqs charge division.
Hqs.
Mortar 60mm - - 2 per P/Stn 1 per 4 Unit - 10 G.S.U. 10 5 Unit 2 per -
post charge Trg school 3 group
per platoon
120
APPENDIX 14(a)— PART II- TRAINING AMMUNITION
TRAINING AMMUNITION
FORMATION Rifle 7.62 LMG SMG .22 (Rifle) Revolver .38 Pistol Auto. Revolver .22
mm
Kenya Police College, Round per Round per Round per Round per Round per man Round per Round per man
Anti-Stock Theft Unit man man man man man
(if issued with the
weapon)
20 per month 100 per 50 per month 20 per month 18 per month 24 per month 36 per man per month
month
Stations and Posts 40 per month 100 per 50 per month 20 per month 18 per quarter 24 per quarter 18 per man per quarter
outside operational month
areas
Stations and Posts - 40 per quarter 24 per quarter 20 per month 18 per quarter 24 per quarter 36 per man per quarter
outside operational
areas (if issued with
weapon).
Kenya Police 20 per person 40 per quarter 24 per quarter 20 per quarter 18 per quarter 24 per quarter 26 per man per month
Formations and Units
National Criminal 20 per person 20 per person 20 per person 20 per person 20 per person 20 per person 20 per person
Investigations
Academy
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.
121
APPENDIX 14 (a)—PART III
SCALE OF ISSUE OF AMMUNITION ROUNDS PER WEAPON HELD - KENYA POLICE SERVICE
Urban Stations Outside Rural Stations Outside
Operation Area. G.S.U.
Operation Area. Operation Area.
Unit Charge Service Reserve Unit Charge Service Unit Charge Service Unit Charge Service
Reserve Reserve 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 - -
Automatic Pistols 16 8 24 50 18 36 24 500
LMG 7.62 1,500 PLUS 12 500 plus 4 500 plus 4 500 plus 4 500 plus 4 500 plus 4 1,500 plus 1,500 plus
magazines magazines magazines magazines magazines magazines 12 12
magazines magazines
9mm Automatic 50 plus 12 250 plus 4 250 plus 4 250 plus 4 250 plus 4 250 plus 4 250 plus 4 2500 plus 40
carbine magazines magazines magazines magazines magazines magazines magazines magazines
Pistol “1” 12 cartridges of 12 cartridges of 12 cartridges 12 cartridges of 12 cartridges 12 cartridges 12 12 cartridges
each colour each colour of each each colour of each of each cartridges of of each
colour colour colour each colour colour
122
APPENDIX 14(b)— PART 1 SEMI-AUTOMATIC RIFLE - NATIONAL POLICE SERVICE.
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 DETAILS H.P.S.
LIMIT
STAGE 1
1 Fig.11/59 300m 5 25 sec In the aim. Targets shall appear for the appropriate time. On 10
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.
2 Fig.11/59 200m 5 25 sec In the aim. Targets shall appear for the appropriate time. On 10
completion, the firers with 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.
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 20
applied. On the order from Range Officer they shall advance towards
the butts. Targets shall be moving from 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.
TOTAL 50 Points
123
APPENDIX 14(b)— PART II REVOLVER AND AUTOMATIC PISTOL
PRACTICE No.3 1xFig.11/59 20m 6 Time limit- 15 sec. Pistol may be cocked and must be held 24
at 45’
PRACTICE No.3 1xFig.11/59 15m 6 Time limit- 15 sec. Pistol may be cocked and must be held 24
at 45’
PRACTICE No.3 1xFig.11/59 15m 6 3 appearance of sec. each at irregular intervals varying 24
between 3 and 10 sec. 2 shots at each appearance. Pistol
may be cocked and must be held at 45’ before each
appearance.
PRACTICE No.3 2xFig.11/59 10m 6 Time limit – 6 sec. 3 shots on each target. Pistol may be 24
cocked and must be held at 45’
TOTAL 92
Targets: The targets shall be described as in Appendix 63(a) of Cap 63(Rules for National Police Service Rifle meeting
regulations)
124
APPENDIX 14(b) —PART III MACHINE CARBINE (PATCHETT)
TOTAL 120
125
APPENDIX 14 (c)— THE NATIONAL POLICE SERVICE
CHALLENGE CUP FOR SMALL BORE SHOOTING RULES
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;
126
(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.
127
APPENDIX 14(d)—THE ARVIND SHIELD SMALL-BORE RIFLE
COMPETITION – NATIONAL POLICE SERVICE RULES
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 – 25Metres;
128
(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.
129
APPENDIX 14 (e)—PART I
SCALE OF ISSUE OF ARMS - ADMINISTRATION POLICE
Weapon Major Cities County/ County/ Aptc, Apssc, Sspu,Vipu Rdu Apsstpu Sgb
Formation Formation In Bps, Kftc. Fsspu Rbpu
Other Than In Operational
Operational Areas.
Areas.
Rifle 1 per all ranks 1 per all ranks
1 per all ranks 1000 Unit charge 1 per all 1 per all ranks 1000 1 per all ranks 10 90 SGB
.303/7.62mm/M16 80 skeleton ranks training school 60 skeleton action Hqs
action. skeleton.
L.M.G./HK11/HK21 40 Nairobi 10 County Hqs 8 per Sub- 20 Unit. Charge 8 per Sub- 100 RDU,RBPU 40 30 Unit Hqs 4 -
County Hqs County. Hqs. 4 3 skeleton County Hqs Trg school 6 skeleton skeleton action
per P/stn 4 per action. Trg wing. 8 per
outpost group
GPMG 4 per Sub- 3Per County. 1 4 per county 10 per Unit 3 Sub- 12 RDU,RBPU, Hqs Unit Hqs. 3 per -
County Hqs Per Sub-County .Hqs. 3 Sub- Charge 3 Sub- County. Hqs 5 Trg. School 4 per group
Hqs County. Hqs. 2 County Hqs platoon
ward. Hq 1 out-
post.
S.M.G/MP5/PARCHET 10 County. Hqs. 5 COUNTY. 1 per gazette 20 Unit charge. 5 4 Formation 100 RDU,RBPUHqs. 3 20Unit Hqs. 4 20 SGB
4 Sub-County. Hqs. 4 Sub- Officer skeleton Hqs. Coy Hqs. 5 per Group. 10 Trg. 2 Hqs.
Hqs. 3 per Stn. 3 County Hqs. 3 Inspector, NCO Platoon. 100 Trg skeleton action.
per post. per Stn. 3 per except D.C.I. school and skeleton
post. action.
Revolver .38/Auto 1 per all ranks. 1 per Gazetted 1 per Gazetted 150 Unit charge. 100 Per 1 per Gazetted Officer 1 per Gazetted 1 per all
pistol officer and officer and 10 skeleton County and Inspector. 1 per all Officer and ranks.
inspector, 1 per inspector action. ranks Recce Inspector 10 unit
Driver and Hqrs. 10
operator
Operator 100 Trg School. 10 Trg. Wing
skeleton action skeleton action
T/wing.
Pistol Signal 1 inch 5 Area Hqs. 2 4 per Sub- 4 Sub-County 5 Unit charge 1 per Sub- 20 RDU,RBPU. Hqs. 5 Unit Hqs10
Sub-County. County. 3 per Hqs. 3 per Stn County. 1 per 20 Trg school 1 Coy Trg Wing 2 per
130
Hqs 3 per Stn Stn. 3 per post. Marine Hqs. 3 per platoon. group.
launching
including
section at
migingo
Rifles .22 7.62 50 Unit charge 30 ProvHqs 30 ProvHqs 100 Unit charge 30 unit 100 Trg school 30 Trg wing.
conversion charge
Revolver .22 30 weapon Trg 6 per Sub- 6 per Sub- 20 Unit charge 6 per Sub- 20 RDU,RBPU 40 Trg 20 Trg Wing
Unit County. County. County. school
Tear Gas pistol 1 ½ 1 per Riot Squad 1 per Riot 1 per Riot 4 Unit charge 1 per Riot 3 Trg school 1 per 1 per Riot Squad -
inch. Squad Squad Squad platoon
Rifles Gas firing 2 per Riot Squad 2 per Riot 2 per Riot 10 Unit charge 2 per Riot 10 Trg school 2 per 2 per Riot Squad -
Squad Squad Squad platoon
Shotgun 12 Bore 1 per Sub- 1 per Sub- 4 per Sub- 6 Unit charge 1 per Sub- 12 Trg school 6 Trg Wing 4 SGB
County Hqs. County Hqs. County. Hqs County Hqs Hqs.
Mortar 60mm - - 3 per P/Stn 1 4 Unit charge - 30 4 Unit 2 per -
per post RBPU,RDU,APSSTPU group
10 Trg school 3 per
platoon
131
APPENDEX 14(e)—PART II
ADMINISTRATION POLICE TRAINING AMMUNITIONS
TRAINING AMMUNITION
FORMATION Rifle 7.62 mm LMG SMG .22 (Rifle) Revolver .38 Pistol Revolver .22
Auto.
APTC,APSSC,KFTC,BPS Round per man Round per man Round per Round per man Round per Round per Round per man
man man man
20 per month 100 per month 50 per month 20 per month 18 per month 24 per 36 per man per
month month
Stations and Posts outside 40 per month 100 per month 50 per month 20 per month 18 per 24 per 18 per man per
operational areas quarter quarter quarter
Stations and Posts outside - 40 per quarter 24 per 20 per month 18 per 24 per 36 per man per
operational areas (if issued with quarter quarter quarter quarter
weapon).
APS Units INCLUDING Reserves 20 per person 40 per quarter 24 per 20 per quarter 18 per 24 per 26 per man per
quarter quarter quarter 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.
132
APPENDIX 14(e) —PART III
ADMINISTRATION POLICE SCALE OF ISSUE OF AMMUNITION ROUNDS PER WEAPON HELD
Operation Area. Urban Commands Outside Rural Commands Outside Rdu.Rbpu,Apsstpu,
Operation Area. Operation Area. Sgb
Unit Charge Service Unit Charge Service Unit Charge Service Unit Charge Service
Reserve Reserve Reserve 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 40 38 50 100 36 60 60 1000
Pistols
LMG 7.62 2,500 PLUS 600 plus 8 700 plus 8 700 plus 8 700 plus 8 900 plus 8 3,500 plus 15 2,500 plus 15
15 magazines magazines magazines magazines magazines magazines magazines magazines
9mm 80 plus 15 250 plus 8 350 plus 4 350 plus 8 350 plus 8 350 plus 8 350 plus 8 350 plus 8
Automatic magazines magazines magazines magazines magazines magazines magazines magazines
carbine
Pistol 1” 15 cartridges 15 cartridges 15 cartridges 15 cartridges of 15 cartridges of 15 cartridges of 15 cartridges of 15 cartridges
of each colour of each of each colour each colour each colour each colour each colour of each colour
colour
133
CHAPTER 15— ARREST AND DETENTION
RULES/PRISONERS AND ACCUSED PERSONS
1. (1) Arrest for cognizable offence shall be Arrest for
cognizable
conducted as follows – offence.
134
(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 or of any rule
made thereunder; or
(k) for whom he has reasonable cause to believe a
warrant of arrest has been issued.
2. (1) A police officer shall conduct a clear and Detention of
arrested persons.
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, 2009 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.
135
3. A Commander of a police station may, after Release of person
arrested on
inquiries on arrested persons and on being satisfied that suspicion.
there is insufficient evidence to proceed with a charge,
release any person who has been arrested on suspicion of
having committed an offence.
4. (1) In case of an arrest of a person employed in a Arrest of
Government or
government institution, the following procedure shall be quasi government
followed— bodies employees.
136
(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. (1) A police officer, where possible, shall notify Employers to be
notified of arrest
an employer when— of employee.
137
(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
138
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. (1) The following steps shall be followed in case of Release on bail or
bond.
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;
139
(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 sub- paragraph 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, 2009, 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 sub- paragraphs 5 and 6.
140
(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. The following factors shall be considered in relation Factors to
consider in
to bail— 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
heor 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
141
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
Providedthat this Order shall also be guided by the
provision of policy on Bail and Bond 2015.
10. When arresting a person on the basis of an Arrest on the basis
of an electronic
electronic signal advice, a police officer shall— signal.
142
(c) the station requesting the arrest shall be notified by
signal and asked to provide an immediate escort
for the suspect.
11. (1) The identity document of an arrested person Identity
documents of
shall be handled as follows— arrested persons.
143
(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. (1) An Officer-in-charge of a police station shall Daily inspection
of cells.
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. (1) A detainee shall not be removed from custody Movement of
detainees.
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
144
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. A detainee, before being placed in custody, shall Detainees to be
searched before
be searched and any object with which he or she may injure placement in
himself or herself or any other person or which may custody.
facilitate his or her escape shall be confiscated and retained
with other articles of the detainee.
17. (1) Every detainee shall— Detainee to be
provided with
facilities to
(a) be given facilities to communicate with a friend communicate with
or legal adviser, and such person shall be friends or legal
permitted to visit the detainee;and representative.
145
(6) Detainees shall be searched thoroughly before the
before return to cells.
18. (1) Members of the press shall not be permitted to Arrest of foreign
nationals.
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-Genral
shall, inform the Cabinet Secretary for the time being
responsible for matters relating to foreign affairs of the
arrest of the foreign national .
19. (1) Dangerous or notorious detainees shall be dealt Dangerous or
notorious
with as follows – detainees.
(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. (1) A police officer handling a suspect known to Detention of
notorious or
be a criminal of particular importance or evil influence desperate
shall take special precautions if such suspect can be criminals.
expected to make a determined effort to escape.
(2) The special precautions under sub paragraph (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
146
(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. (1) Detainees in police custody shall be fed where Feeding of
detainees.
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 countyor
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. (1) When handling a female detainee, a police Handling of
female detainees.
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
147
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) apolice officer shall question all female detainees
on arrival at the Police Station, to ascertain if they
148
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. (1) A police officer shall apply the following Handling child
offenders.
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.
149
(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. (1) An offender found unconscious, insensible or Treatment and
custody of
smelling alcohol shall be examined by a medical officer to intoxicated
check for any illness. offender.
150
(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 subparagraph (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-in-charge 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 one month from the date of his release, the
151
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;
(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. The circumstances in which detainees in police Taking
fingerprints.
custody shall be fingerprinted are as provided in Appendix
15(a).
27. (1) Except where special arrangements exists, all Remand
detainees.
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
152
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 before 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. A request to the court for a prisoner to be Remand in police
custody.
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. (1) Any allegation of ill treatment of prisoners, or Inquiry into
allegations of ill
of witnesses or other persons, or any suggestion of harsh or treatment.
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. (1) Detainees in police custody shall be strictly Escape from
police custody.
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.
153
(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 th Schedule
of the National Police Service Act, 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. (1) The movement of the detainees in hospitals 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.
154
(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. (1) Immediately an escape from prison custody is Escape from
prison custody.
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 –
(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;
155
(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
156
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 sub-paragraph (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. A police officer from whose custody a prisoner Pursuit of
escapees.
escapes, or is rescued, may pursue such prisoner to any
place in the Republic and arrest him or her.
34. (1) Where a mental patient is taken into police Detention of
mental patients.
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
157
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 sub-
paragraphs (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. (1) Mental patients shall be guarded in the Guarding mental
patients.
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 sub-paragraph (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
158
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 himor 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. (1) An Officer-in-Charge of a Police Station who Sick detainees.
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
159
determined by the police officer in charge of the police
station.
37. (1) In making arrests, police officers shall— Effecting arrests.
160
APPENDIX 15 (a)— INSTANCES IN WHICH FINGERPRINTS
SHOULD BE TAKEN AND THE TAKING IN TO
CONSIDERATION OF OUTSTANDING CHARGE
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 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.
161
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 sub-paragraph (b) (i) to (ii).
162
(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 subsequent 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
163
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, t 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
164
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.
165
CHAPTER 16—BOMB THREATS AND TERRORISM
1. (1) The procedures and responsibilities set out in Procedures and
responsibilities in
these Orders shall be employed in the event of a bomb event of bomb
threat targeted at the public, specific person, a building or threats.
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. (1) Upon receipt of information relating to a bomb Steps after
receiving a bomb
threat in any part of the Republic the following measures threat.
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;
166
(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. (1) A police officer who receives a bomb threat Threat received by
telephone call.
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. (1) Bomb threats directed towards – Responsibilities.
167
(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. (1) A police officer receiving a report of a bomb Investigation.
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 normal business unless
circumstances require evacuation to be carried out.
6. The Officer-in-Charge shall, in accordance with Emergency
Response.
the procedures set out in the Bomb Threats Operational
Manual, employ appropriate fire and medical personnel
and equipment in the affected area. .
7. Any suspected bomb or suspicious object shall be Bomb Extraction.
dealt with in accordance with procedures set out in the
Bomb Threats Operational Manual.
8. (1) Whenever an explosion occurs, the scene shall Scene of
Explosion.
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.
168
CHAPTER 17—CHANGE OF COMMAND
1. (1) A police officer handing over shall prepare for Handing over
notes and
the successor, handing over notes relating to command and certificate.
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 sub -paragraph (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—
Part I
(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
Part II
(a) number of personnel under command together
with their details;
169
(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 sub-
paragraph (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. (1) In addition to the handing over notes and Confidential
reports on
certificate issued to the incoming officer, the officer personnel.
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. Every copy of the handing over notes and reports Confidentiality to
be maintained.
on personnel shall be transmitted under confidential cover.
4. (1) The contents of handing over notes shall Resuming
command on
depend on the knowledge of the formation and its area return from leave.
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.
170
5. (1) On change of county command, the original Actions to be
taken.
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 sub-paragraph (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 sub-paragraph
(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
171
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. Offiers 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. (1) On the change of command of a County or Visits to
formation on
Sub-County, every subordinate Formation shall be visited change of
by the officer handing over and the successor concerned command.
and where it is not practicable to undertake such visits,
visits may be confined to the more important of the
subordinate formations.
(2) Despite sub paragraph (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 sub paragraph (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.
172
APPENDIX 17(a)—NATIONAL POLICE SERVICE HANDING
AND TAKING OVER CERTIFICATE COUNTY/FORMATION/
SUB-COUNTY/STATION.
FORM 17 A
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.................................................... ......................................................
173
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 officer
Date:....................................................
174
CHAPTER 18—CHAPLAINCY
1. (1) There is established a Police Chaplaincy Legal Framework.
175
(c) Islamic Chaplaincy.
5. (1) The Chaplain's role shall be to offer clerical, Role of the
Chaplain.
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. (1) There is established Chaplaincy Boards in both Chaplaincy Board.
176
(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. (1) The appointment and termination of police Appointment and
Termination.
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. (1) An individual who wishes to apply for the Procedures for
becoming a police
position of a police chaplain shall make an application in Chaplain.
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
177
recommended candidates to the respective Deputy
Inspector-General for further action.
10. (1) The police Chaplain shall – Duties and
Responsibilities of
(a) advice the respective Deputy Inspectors General a police Chaplain.
178
CHAPTER 19− CIVILIAN FIREARMS CONTROL
1. (1) There is established the Firearm Licensing Licensing officers.
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.
179
2. (1) The station or Sub-County Commander shall— Duty to guide
applicants to fill
(a) receive all applications for grant or renewal of a forms.
180
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. (1) Where the owner of firearm or ammunition Conditional
storage.
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 sub
paragraph (1), the provisions of paragraph 4 shall, with
necessary modifications, apply.
6. (1) Where firearms or ammunition are handed in Long term
storage.
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 sub
paragraph (1), the provisions of paragraph 4 shall apply
with necessary modifications.
(3) Immediately on receipt of the firearms or
ammunition as provided in sub paragraph (1), details of the
licensed owner and the items deposited shall as soon as is
practicable, be reported to the Chief Licensing Officer.
7. A police officer, on receipt of information that a Lost or stolen
firearm.
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. (1) The type, make, calibre and number of all Firearm found or
recovered.
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.
181
(2) The results of such check referred to in sub
paragraph (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. (1) Firearms and ammunition identified as the Disposal of
firearms or
property of the Government shall be returned to the ammunition.
respective Chief Service Armoirer, in accordance with the
provisions provided in paragraph 8.
(2) Firearms and ammunition identified as the
property of civilians 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
sub-paragraph (c);
182
(b) on receipt of such items referred to in sub
paragraph (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. (1) Where a firearm is deposited by the owner Deposits resulting
from Central
following instructions received from Central Firearms Firearms Bureau’s
Bureau because of revocation of a Firearms Certificate or Instructions.
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 sub
paragraph (1).
11. (1) Except as otherwise provided in this Chapter or Security of
firearms in transit.
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.
183
(4) Licensing officers may issue removal permits for
small consignments to be transported without escort.
12. (1) All firearms and ammunition which are found Firearms and
ammunition
or recovered by or handed over to the police and which are required as
required as court exhibits shall be properly labeled and exhibits.
retained in local police armories until they are handed into
court as exhibits.
Cap. 114.
(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. (1) A homemade firearm found or recovered by or Home made
firearms.
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. (1) An explosive and detonator found by, or Explosives and
detonators.
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
184
local police station armory pending disposal instructions Cap. 114.
from a magistrate.
(3) In accordance with the section 63 of the National
Police Service Act, 2011 and section 38 of the Firearms
Act, 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 sub-
paragraphs (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. A police officer shall not transmit any type of Prohibition of
transmission of
firearm, component parts or ammunition through the means firearms through
of post. the means of post.
185
APPENDIX 19(a)− DUTIES OF SUB COUNTY AND STATION
COMMANDERS
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;
186
(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.)
187
.......................(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,
188
(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 sub-paragraph (c) or sub-paragraph (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.
189
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.
190
APPENDIX 19(b)− NOTES FOR RECOMMENDING THE GRANT
OF FIREARMS
CERTIFICATES OR THE REFUSAL OF A CERTIFICATE
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.
191
CHAPTER 20− COMMUNITY POLICING
1. (1) It shall be the obligation of every member of Obligation of the
Service to
the Service to promote relationships with the broader promote
society through community policing. relationship with
the society.
(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. The Service shall liaise with communities through Objects of
community
community policing initiatives, in order to achieve the policing.
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. (1) A police officer shall implement community Implementing
community
policing in accordance with Community Policing Policy policing.
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;
192
(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. (1) Community policing shall be implemented Structures for
implementing
through community policing committees and such other community
structures that may, from time to time, be put in place for policing.
purposes of promoting relationships between the Service
and the broader society.
(2) The County Policing Authority is responsible for No. 11A of 2011.
the establishment of structures for implementation of
community policing in respect of each county, in
accordance with section 97 of the National Police Service
Act, 2011.
(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, 2011
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.
193
CHAPTER 21− COMPLAINT PROCEDURE
1. (1) The procedures and mechanisms for addressing Fair
administrative
complaints shall— action.
(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. (1) Any person aggrieved by the conduct of a police Grounds of
lodging a
officer may lodge a complaint with— complaint.
(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
194
(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. (1) A complaint shall be filed in the nearest police Manner of lodging
complaints.
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. (1) All written complaints received by the Internal Written
complaints to be
Affairs Unit shall, within seven days from the date of acknowledged in
195
receipt, be acknowledged in writing to the complainant in writing.
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. Upon receiving a complaint, the receiving officer Procedure for
conduct of a
shall create an entry in the Occurrence Book, listing the complaint.
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.
196
(2) Where the complainant is a police officer, the
complaint shall, in addition to the particulars set out in
subparagraph (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. (1) When any entry is made in the Occurrence Book Submission of
complaints to the
regarding a complaint, the station commander shall ensure internal affairs
that— unit.
197
8. Any person aggrieved by use of excessive force by Complaints
involving
a member of the Service may file a complaint with the excessive use of
Service setting out the following particulars— force by a police
officer.
(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. (1) Any person complaining against a criminal Complaints
arising from
conduct by a member of the service may file a complaint criminal conduct
with the Service setting out the following particulars— of police officers.
198
(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 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 or her duty;
199
(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
200
(kk) commit an act which amounts to hate speech
under section 13 and 62 of the National
Cohesion and Integration Commission Act.
11. (1) Despite the provisions of paragraphs 6, 7, 8 Memorandum of
Understanding
and 9, all complaint relating to serious matters shall be between
handled in accordance with the provisions of a Independent
Memorandum of Understanding between the Independent Policing
Oversight
Policing Oversight Authority and the Internal Affairs Unit. Authority and the
Internal Affairs
(2) The Memorandum of Understanding referred to in Unit.
sub-paragraph (1) shall contain details of procedure,
methods of exchange of information and the categories of
complaints to be handled in a specified manner.
12. The purpose of Internal Affairs Unit investigations Nature of IAU
Complaint
shall be— Investigation.
(a) to determine if the alleged misconduct amounts to
a criminal offence as specified in the Penal Code
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. All evidence collected in the course of Handling of
information
administrative investigations shall be handled in collected during
accordance to the evidence handling procedures as outlined Internal Affairs
in Chapter 32 of these Service Standing Orders. Unit
investigations.
14. (1) Whenever the Directorate of Criminal Notification of
Internal Affairs
Investigations commences any criminal investigation Unit of criminal
against any police officer, the Directorate shall notify investigations
Internal Affairs Unit of the ongoing investigation against a police
officer.
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. Where there is a parallel but incomplete Deferment of IAU
recommendations.
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
201
Internal Affairs Unit shall be deferred until the
investigations are complete.
16. (1) Where there is an allegation regarding a current Orders complaint.
202
(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. (1) An officer receiving a complaint of harassment Complaint of
harassment or
or discrimination shall ensure that the following guidelines discrimination.
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. (1) A member of the Service who has a complaint Procedure of
complaints by
against another member of the Service shall report to the police officers.
immediate supervisor and present copies of the complaint
to the Internal Affairs Unit.
203
(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. The submission of frivolous or vexatious Frivolous
complaints.
complaints constitutes a professional misconduct and shall
be dealt with as such.
21. (1) Members of the public or members of the Anonymous
complaints.
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. In cases where a police vehicle has been involved Accidents
involving police
in an accident, the enquiry file shall be forwarded to the vehicles.
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. (1) Where proceedings are instituted in court as a Legal aid.
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.
204
Appendix 21: Categories of complaint to the Internal Affairs Unit
205
CHAPTER 22− CONDUCT OF INTERVIEWS OF
CRIME VICTIMS, SUSPECTS AND WITNESSES
1. (1)The National Police Service shall develop Guide for
conducting
Operational Manuals to provide for guidance for recording interviews.
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. (1) Except in the performance of their duties or Confidentiality of
information.
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. (1) In conducting investigative interviews, Guide for
conducting
members of the Service shall— investigative
interviews.
(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;
206
(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. Police records and reports shall be released or Release of Police
records and
exhibited in accordance with existing law and Service reports.
Adminstrative Orders Chapter 64 of the Orders.
5. A police officer, in dealing with a witness or Dealing with
witnesses and
victim of an offence, shall be— victims of
offences.
(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
207
(g) protect the confidentiality of the victims and
witnesses information in as much as possible by
applicable law, rules, guidance and orders.
6. (1) The interview duration shall take into Duration of
interview.
consideration –
(a) fatigue;
(b) psychological trauma;
(c) medical needs; and
(d) fundamental rights of the interviewee.
7. The principles to be observed when interviewing Interviewing
victims of sexual
victims of sexual and gender-based crimes include – and gender-based
violence.
(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;
208
(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. The National Police Service shall— Service to victims.
209
10. (1) In the case of a person making a statement in a Statements in
foreign Language.
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.
210
CHAPTER 23— CONTROL OF TRAFFIC AND
ERECTION OF BARRIERS
1. (1) The County Commander, under the general Enforcement of
traffic matters.
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 sub-paragraph (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 sub paragraph (2), police officers shall
assist in the enforcement of the traffic laws.
2. The objectives of traffic control include— Objects of traffic
control.
(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. (1) The object of erection of barriers include to— Objects of
erection of
(a) ensure the maintenance and preservation of law barriers.
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 –
211
(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. (1) Subject to sub paragraph (2), the Inspector- Police roadblock.
212
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 sub paragraph
(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 sub paragraph (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. (1) The County commander shall apply the Method of
preventing
following methods to prevent accidents – accidents.
213
(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. (1) The police officers who are designated to Free flow of
traffic.
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. (1) Violation of the traffic laws shall be subject to Prosecutions.
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 Cap. 403.
any reason the case shall not proceed, the bailee shall be
notified accordingly. Cap. 403.
(4) The provisions of section 116 of the Traffic Act,
shall be observed in respect of notifications to attend Court.
214
(5) Certain minor offences under the Traffic Act,
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. (1) Written warnings shall be issued to offending Warnings.
215
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. (1) An unroadworthy vehicle shall not be left at a Unroadworthy
vehicles.
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. (1)Speed checks may be conducted by the use of Speed checks.
216
(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
217
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
218
(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. (1)A person whose names appears in the Accident abstract
and medical
Occurrence Book as having sustained an injury shall, on examination
request be issued with a medical examination Form P3 after forms.
219
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. (1) Where a police officer stops a vehicle for any Examination of
traffic document.
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. (1) A police officer shall, when recording the Particulars to be
recorded.
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 sub
paragraph (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. (1) A test case in respect of any traffic offence Test case.
220
(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. (1) Where an owner, driver or conductor of a Public service
vehicle licence.
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
Cap 403.
(d) unsatisfactory conduct, his or her license may be
revoked in the manner provided under section 99
of the Traffic Act.
(2) Frequent police checks shall be held, to ensure
that the conditions of Road Service Licenses are being
adhered to.
21. A police officer shall ensure that the conditions for Goods carrying
vehicles.
operating of a goods carrying vehicle is endorsed on the
licence which includes the routes or area of operation.
22. (1) Where an offence under the Transport Notification of
offences under
Licensing Act is committed, the police officer shall prepare the Transport
a charge sheet in triplicate which shall state the full details Licensing Act.
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 Transport Licensing Board unless the accused
is acquitted.
(3) In every case in which sub-paragraph 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. (1) A police officer shall not place or erect road Road blocks and
traffic checks.
blocks and traffics checks on a bend, brow of a hill or any
other place where visibility is restricted.
221
(2) The condition of and the normal speed of vehicles
using it shall be taken into consideration when erecting a
check point.
24. (1) The equipment to be used at a road block or Equipment used
at a road block.
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 either during the day or at night Traffic checks.
shall—
(a) be held as frequently as possible by the traffic
police;
222
(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. (1)An organizer of any special event shall be Special events
responsibility.
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. (1)A Police escort shall be responsible for the safe Duties of escorts
in motorcades.
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. (1) An outrider shall— Duties of
outriders.
(a) ensure a clear line of travel and shall prevent the
encroachment of pedestrians and vehicles;
223
(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. (1) A traffic officer shall wear high-visibility Traffic officer
wear.
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
high-visibility outerwear before initiating manual traffic
direction and control.
30. (1)While carrying out manual traffic direction and Manual traffic
direction.
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.
224
(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 her sides 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. (1)To stop traffic, the officer shall first extend his Stopping
oncoming traffic.
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 two- way
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. (1) An officer intending to start traffic shall first How to start
traffic.
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.
225
APPENDIX 23−SPEED CHECKS-PROCEDURE
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.
226
CHAPTER 24—POLICE COMMUNICATION
1. (1) The Service shall regularly update the public Communication
as a means of
on its activities through police communications. ensuring public
accountability.
(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. (1) The Service communication shall– Functions of the
Service
(a) promote a twenty-four hour response capability; communication.
communication.
4. The department shall be headed by a staff officer, Staff Officer,
Information
who shall be responsible to the Inspector General for all Communication
matters affecting the organization and administration of the and Technology.
227
(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. Communication rooms shall be located in Location of
communication
designated places away from unnecessary interference and rooms.
access of transmission to illegal audience.
7. The department shall have a personnel Personnel
establishment.
establishment with technical and software capabilities and
radio operating staff deployed in accordance with the
establishment in the National Police Service.
8. Personnel within the department shall be deployed Deployment.
228
10. (1) The security messages sent by Police Control of
security messages
communication facilities, shall be limited to! or information.
229
13. (1) Information or messages for transmission shall Presentation of
Information or
be typed or written in block letters to avoid errors and Messages.
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. (1) The precedence of messages or information Priority of
messages or
shall be classified as follows! information and
delay time
(a) FLASH - prefix “Z” - reserved for matters of life allowed.
230
(4) The authority for the use of “FLASH” is vested in
the County Commander or his or her deputy, a Formation
Commander or hisnor 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. (1)When a message is handed in at a Writing message
precedence.
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. (1) Suitable arrangements for delivery of messages Message delivery.
“Confirmation Copy”.
18. (1) The following international precedence shall International
Emergency Calls.
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
SAY-CURE-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.
231
(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. An operator on duty shall not leave the Operators not to
leave
communication room during watch keeping schedules Communication
unless properly relieved or instructed by the immediate room unless
relieved.
superior or a communications officer.
20. (1)Operators shall clean the wireless equipment, Duties of the
Station
communication rooms and associated power plants, solar Commanders.
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 firefighting 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.
232
21. Unauthorized person shall not be allowed in any Unauthorized
persons.
Communication room or communications office and
contents of messages or information shall not be divulged
by operators to unauthorized persons.
22. (1)Joint services radio telephone operating Radio Telephone
Procedure.
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. (1) Loss or damage of any Communication Loss or damage of
communication
equipment shall be reported immediately to the officer in equipment.
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. All communication equipment issued to a County, Accounting for
Communication
Formation and Units shall be taken on ledger charge on equipment.
receipt and accounted for.
25. (1) An officer authorized to use communication Misuse of
communication
equipment shall not misuse them. equipment.
233
27. Communication equipment includes computers, Communication
equipment.
radio gadgets, cameras, telephones, tele-machines,
televisions, fax and micro-wave equipment’s servers.
28. (1) Repairs of the Service Communication Maintenance of
communication
equipment shall only be done by technicians of the equipment.
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. Charts showing the Service High Frequency (H.F), Service H.F (High
frequency), V.H.F
Very High Frequency (V.H.F), Ultra High Frequency (Very High
(U.H.F) and IP network shall be published from time to Frequency),
U.H.F (Ultra High
time by the Communications Department. Frequency)and IP
(Internet Protocol)
network.
30. New installations either static or mobile shall not New Installations.
234
(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. (1)With the exception of “999/112” Network, all International
silence period.
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. (1) The Communications Officer shall submit the Unfair wear and
tear reports.
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. (1) Uniformed junior officers of the Uniformed
Communications
Communication Directorate are attested National Police officers.
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
235
reverting to other duties on request and subsequent
approval by the Inspector General.
35. Trained operators shall wear the official Communication
Badge.
Communications badge as laid down in Dress Code Order
in these Service Standing Orders.
36. Promotion of uniformed personnel within the Promotion of
Communications
Communications Directorate shall be in accordance with Directorate
the provisions of the Examinations and Promotions Order Personnel.
236
(f) station/post at which plant(s) is or are required;
(g) type of plants; and
(h) the reasons.
40. (1) A power plant shall only be used for the Use of power
plants.
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. For purposes of these orders, the “Officer-in- Officer-in-charge.
237
(3) Responsibility for entries in the log book shall be
that of the Officer-in-Charge where the plant is installed.
45. On the last day of each month, the number of Monthly summary
in the Power Plant
hours and the amount of fuel and lubricating oil used shall Log Book.
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. The maintenance, replacement and installation of Maintenance,
replacement and
power plants shall be the responsibility of the Staff Officer installation of
Communication. Power Plants.
238
(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. Form L.C 250 “First Aid Treatment of Minor First Aid.
239
(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. (1) Personal mobile phones shall be used Guidelines on use
of personal mobile
according to the following guidelines— phones.
240
(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. (1) Service owned mobile phones shall be used as Approved mobile
phone usage.
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. Photo messaging and information transmission by Social media.
241
57. (1)Service issued mobile phone numbers may be Service mobile
phone use by
provided to the public for communication. public.
242
(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
thedepartment 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. (1) An individual shall notify his or her immediate Loss, Theft or
Damage of mobile
commander of any loss, theft or damage to any Service phones.
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. (1) The offices of the Inspector General, Deputy Review and
Monitoring of
Inspectors General, Director, Directorate of Criminal Mobile phone
Investigations and Internal Affairs Unit, shall review all Usage.
243
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. (1) Any billing record sent out to the Inspector- Memorandum.
244
(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. (1) The following files shall be maintained for Types of
Correspondence
official correspondence in the National Police Service— Files.
245
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. (1)The National Police Service shall acknowledge Timeframe for
acknowledging
within 24 hours of receipt, any correspondence requiring an and responding to
acknowledgement and this shall be done at the point of correspondence.
246
(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. Copies of official correspondence shall not be Content of
correspondence
given to or divulged to members of the public or any not to be divulged.
unauthorized person.
72. The methods of addressing official correspondence Methods of
Address.
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. (1) A head of department may only sign Head of
Departments
correspondence, orders, directives and instructions on Authority to sign
behalf of the Inspector-General on matters relating to correspondence.
247
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. (1)Except in cases of emergency, all Correspondence
with adjacent
correspondence with other Services on criminal matters services.
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. (1) A coded copy shall not be retained when Code messages.
248
origin, the time of dispatch and receipt shall be pasted and
the original message and decoding notes shall then be
destroyed.
76. The “Savings gram” method shall be used for Savings gram.
249
79. (1) In their relations with the public, police Relations with the
public.
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. (1) When communicating with the press, members Communication
with the press.
of the Police Service shall—
250
(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;
251
(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. The limitation of access to information shall – Limitation in
release of
(a) comply with Article 24 of the Constitution; and information on
security grounds.
(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
252
(iv) be exceptional and not derogate the core or
essential content of the right or freedom being
limited.
82. (1) Officers-in-charge of formations and holding a General
Information.
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 sub paragraph (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. (1)The media may access information from the Media access to
information.
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
253
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. (1) The duties of a Public Information Officer Duties of the
public information
include— officer.
254
(f) assisting in crisis situations within the Service; and
(g) coordinate the release of authorized information
concerning confidential Service investigations and
operations.
85. (1)Authorized news media representatives shall Cooperation with
the media.
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
255
officer, is informed of events that may have media
interest.
86. (1) Police personnel shall refer all requests for Investigative
Information.
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;
256
(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. (1) Following arrest, issuance of an arrest warrant Arrest
Information.
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 –
257
(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 considerations with regard to criminal Special
considerations in
matters shall include! criminal matters.
258
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 that shall be accorded to Special
considerations in
non-criminal matters include— non criminal
matters.
(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;
259
(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. The Service shall to pursue alternative methods of Alternative
methods to
disseminating information directly to the public including disseminate
community newsletters, government access cable television information.
260
(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. (1) Police officers as public citizens shall have the Public comment
as a private
right to enter into public debates and comment on social, citizen.
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. (1) Every Police officer shall behave honestly and On-line activity.
261
(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. (1) To avoid any risk of inadvertently posting Authorized
disclosure and
inappropriate, confidential or sensitive information social media
employees are encouraged to instead forward the images or groups.
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. (1)Police officers shall take all reasonable steps to Improper
associations and
identify and avoid associations with people, groups or media.
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. The National Police Service, Kenya Police Corporate
Identity.
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.
262
APPENDIX 24(a)— NATIONAL POLICE SERVICE
HEADQUARTERS TELEGRAPHIC ADDRESSES
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”
263
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.
264
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.
265
APPENDIX 24(e)— ADDRESSES TO BE USED IN
CORRESPONDENCE
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.
266
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
267
Officer-In-Charge,
(Name of Station)………………… Police Station,
(Name of Town) ……………………….
e.g:, O.C.S/Ward Commander/Station officer,
P.O. Box3,
Narok.
(viii) Post
Officer-in-Charge,
…………………..Police Post.
Abbreviation.
O.C.P.P/AP POLC
268
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).
269
(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.
270
(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.
271
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.
272
CHAPTER 25— COUNSELING
1. (1) The Service shall facilitate the provision of Counseling
services to police
counseling services to police officers and their families in officers.
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. A counselor shall― Counselor’s
professional
(a) adhere to the professional code of ethics; conduct.
273
(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;
274
(e) carry out research in counseling within the
Service; and
(f) hold regular debriefing sessions with other
counselors.
5. (1) The contents of therapy sessions shall be Confidentiality.
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. (1) Therapeutic contents and records shall be Clinical records.
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.
275
7. (1) A counseling session shall be for a period of at Duration of a
counseling
least forty five minutes and shall not exceed one hour. session.
(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. (1) A client shall, before the date scheduled for Termination of
counseling
counseling, inform the counselor of his intention to sessions.
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. (1) A supervisor may refer a police officer, in Procedure for
referral of a police
writing, to a counselor for further assessment and officer.
counseling.
(2) The referral under sub paragraph (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 sub paragraph (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.
276
CHAPTER 26— COURTS AND COMMITTEES OF
INQUIRY
1. A court of Inquiry shall comprise of two or more Composition of a
courts of inquiry.
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. (1)The Inspector-General may, at any time, if he or Convening
Authority.
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. (1)A person convening an inquiry shall, in Convening order
proforma.
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. (1) The proceedings of the court of inquiry shall be Preparation of
proceeding.
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.
277
(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. (1) The convening authority shall, upon reading Responsibility of
the convening
through the findings and the recommendations of the court authority.
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.
278
6. The Inspector-General shall, upon receipt of the Endorsement of
Proceedings by
proceedings under paragraph 5(2), confirm the the Inspector-
recommendation with or without additional observations. General.
279
10. (1) The Inspector-General may, if he or she Committee of
inquiry.
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 sub paragraph (1)
shall consist of a chairman, members and a secretary.
11. The appointment order shall specify the subject to Terms of
reference of the
be inquired into and the Committee’s terms of reference. committee.
280
APPENDIX 26(a)— COURTS OF INQUIRY PROFORMA E
1. PROFORMA “1”
CONVENING ORDER
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”
PROCEEDINGS OF THE COURT
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 ……………………….………………………..……………
281
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 until2 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”
SUMMARY OF EVIDENCE
(To be Concise but detailed summary, of all evidence collected and
recorded by the Court.)
FINDINGS
(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.)
RECOMMENDATIONS
(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.)
282
PROFORMA “4”
STATEMENTS
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
by Court 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……………………..
283
CHAPTER 27— CRIMINAL PROSECUTION AND
HANDLING OF EVIDENCE
1. (1) A police officer above the rank of an Inspector Duties of police
officers during
shall attend superior courts criminal proceedings. superior court
sessions.
(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. (1) An accused persons, while in superior Courts, Accused persons
in superior
shall be in the custody of prison warders, unless they have court.
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. Police officers in subordinate courts shall– Duties of police
officers in
subordinate
(a) assist in the production of accused persons and courts.
witnesses: and
284
(b) ensure witnesses who have testified do not
communicate with those who have not.
4. Police officers shall— Courtesy in
court .
(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. Police officers shall not collect fines imposed by Fine Collection.
285
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. (1) The duties of a police prosecutor shall include Duties of police
prosecutor.
−
(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 and other serious cases, in which the
accused has been acquitted or discharged, to the County
Commander with a brief report.
8. (1) Any notification or report to the County Withdrawals for
lack of
Commander as required by paragraph 7(3) or permission to sufficient
withdraw a case by Sub-County Magistrate’s court evidence to be
approved by
prosecutor shall be routed through the Station Commander Sub-County
in whose area the court is situated or from whose station Commander.
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.
286
9. In their closing submissions, police prosecutor Police
prosecutor
may recommend the nature of punishment to be awarded Recommendatio
and the extent of the punishment. n.
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;
287
(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. (1) A police officer shall not give malicious Evidence by
police officers.
evidence in a court of law.
(2) Evidence given shall conform to the provisions of
the Evidence Act.
16. Charges shall be framed in accordance with Framing of
charges.
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. (1) When an accused wishes the court to consider Taking other
offence into
other offences, three copies of Form C. 14 shall be consideration.
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. (1) The costs of police prosecutions shall include– Costs of police
prosecution.
(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
288
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. (1) Where a member of the Kenya Defense Forces Criminal
Charges against
is charged with a criminal offence, the Police Officer shall Kenya Defense
report to the accused commanding officer. Forces.
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. Reports made by a medical officer shall be Reporting by
Medical
included as exhibits in cases before Court. officers.
289
(2) During trial, where it is found that the accused is
below 18years of age, both counsels shall satisfy before
court on the issue of age.
24. (1) In every case tried by the High Court or in Antecedent
history of
which the accused is committed under the provisions of convicted
section 221 of the Criminal Procedure Code, 2009 for persons.
290
(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. (1) The types of courts include─ Types of courts.
291
CHAPTER 28— CRIMINAL AND CIVIL
PROCEDURE
1. (1) A police officer shall— Procedure.
293
(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 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 –
294
(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 subparagraph 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—
(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
295
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, 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, 2009, 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
296
(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, 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
297
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.
(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. (1) Pursuant to section 64 of the National Police Police power to
apply for court
Service Act, a police officer may apply before a summons,
subordinate court for summons, warrants or other legal warrants and
other legal
processes. 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.
298
CHAPTER 29—DISCHARGE, RESIGNATION AND
RETIREMENT
1. (1) Every police officer intending to resign from Period of notice
required for
the Service shall be guided by the following— resignation.
299
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 sub paragraph (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 sub
paragraph (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. (1) Where an officer retires from Service after Retirement on
completion of
serving for more than twenty years and before attaining the twelve or
age of fifty years, the benefits payable shall be calculated twenty years of
service.
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. Every police officer whose period of service has Retention in the
service.
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. (1) A police officer may apply to be transferred to or Application for
transfer to
near their home Sub-County, in order for such officer to officer’s home
prepare adequately for retirement provided that such officer Sub-County.
has attained the age of fifty years.
300
(2) Every application made pursuant to this paragraph
shall be submitted to the National Police Service
Commission through the authorized channels.
7. (1) All officers of the Service may be removed on Removal of
officers from
the following grounds— the Service.
(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.
301
(4) Before a member is removed from Service on the
grounds provided in sub paragraph (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 sub paragraph (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. (1) The Sub-County or Station Commander shall Return of
uniform and
ensure that a police officer proceeding on retirement, other police
resignation or dismissal returns all items of police uniform equipment.
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 sub paragraph (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 sub paragraph (1) shall be forwarded
directly to the respective National Police Service Central
Stores, Nairobi.
9. When forwarding the discharge papers including Particulars of
discharge
Sub-County, County or Formation Personal files and papers.
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
302
(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. Police Officers of the rank of inspector or above Certificate of
service.
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. The efficiency and general conduct of an officer Assessment of
efficiency and
shall be assessed as “Very Good” “Good” “Fair” or general conduct.
“Indifferent”, unless there is any reason to the contrary,
general conduct shall be assessed as “Good”.
12. (1) Free transport shall be provided for officers Free transport
on discharge.
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. Junior officers except recruits or deserters, upon Certificate of
discharge.
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. Junior officers except recruits or deserters, upon Discharge
certificate
retirement, resignation, dismissal or termination of assessment of
appointment shall be issued with Certificate of Discharge in character -
junior officers
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—
303
(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. The characters "Indifferent" or "Bad" shall not be Indifferent or
bad characters
awarded, and under no circumstances shall junior Officers not to be
remain in the Service long enough to earn a Certificate of awarded.
Discharge, if such officer possesses insufficient or bad
character.
16. The following shall be observed in assessing a Rules to be
observed in
police officer’s character— assessing
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. (1) Where a police officer is dismissed from the Dismissal on
Criminal on
Service on criminal conviction or Disciplinary action, the Disciplinary
cause of discharge shall be indicated as "Termination of Conviction or
Service". Removal.
304
(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. (1) All Certificates of discharge shall be— Certificate of
discharge be
(a) issued free of erasures and alterations; and free of erasures.
(b) signed by an authorized officer by the National
Police Service Commission.
19. Except as provided in any other relevant law, the Testimonials
not to be given.
Police Certificate of Discharge or Government Certificate
of Service are the testimonials that shall be issued to any
Police Officer.
20. (1) The authorized officer shall keep in safe Security of
Certificate of
custody Certificate of Discharge of the National Police Discharge.
Service.
(2) All Mutilated certificates of discharge shall be
burnt or torn up to prevent unauthorized persons obtaining
possession.
21. The Inspector-General in consultation with the Retirement and
post exit.
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. Where an officer seeks to resign from service and Pre-resignation,
interviewing
the supervisor or the authorised officer is of the view that and counselling.
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. A police officer trained by the Service may be Other
requirements on
bonded under such conditions as determined from time to resignation.
time by the Government.
305
24. (1) An officer may retire from the Service on Retirement on
grounds of ill
grounds of ill-health or other physical infirmity. Health.
(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. Every person intending to exit the Service, shall Exit interviews.
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. There shall be an up to date database maintained Databases of
persons who
by the Commission and the National Police Service, have left the
containing the names, identity card numbers and contact service.
details of persons that have left the Service.
27. (1) If the Inspector General, after having Retirement on
grounds of
considered every report in his possession made with regard public interest.
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 L.N.
No.93/2006.
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.
306
CHAPTER 30— DISCIPLINE
1. (1) All disciplinary proceedings under this Part Discipline
principles.
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. When police officers are acting together, the police Responsibility
of officer senior
officer senior in rank shall be in charge and shall be held in rank.
responsible for all orders that shall be given.
3. A police officer shall obey and execute any lawful Obedience to a
lawful order.
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. A police officer giving an order is responsible for Responsibility
for
its consequence, unless the method of carrying out the consequences of
order is improper, negligent or contrary to the instructions orders.
307
(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;
308
(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 No.12 of 2008.
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
309
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. (1) A police officer who commits an offence Penalties for
disciplinary
against discipline is liable to - offences.
(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 sub paragraph.
(2) The sanctions provided under sub paragraph 1 (f),
(g), (h), (i) and (j) shall only take effect on approval and
confirmation by the Commission.
310
(3) Where the disciplinary committee recommends
any of the sanctions under sub paragraph 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. The disciplinary process may commence upon Complaints
against police
occurrence of any of the following— officers.
311
(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. (1) Where an offence against discipline is Corrective
action.
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. (1) The Commission shall establish the National National Police
Service
Police Service Disciplinary Committee. 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—
312
(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 sub-paragraph (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 sub-paragraph (6) and shall give reasons for
the refusal and shall allow the accused officer an
opportunity to select a different officer.
13. (1) The Disciplinary Committee shall inquire into Responsibility
of the National
matters related to offences against discipline for all officers Police Service
Disciplinary
313
while taking into account the rank of the officer for Committee.
314
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. (1) In all disciplinary proceedings, the accused Disciplinary
proceedings
officer shall be notified of the offence he is charged of and generally.
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.
315
(5) In exceptional circumstances the notice under
subparagraph (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. A disciplinary hearing shall be conducted in the Conduct of
disciplinary
following manner— hearings.
(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.
316
(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. (1) There shall be, during the hearings of the Presentation of
evidence.
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. (1) The details of the alleged offence against Rights of the
accused person.
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.
317
21. (1) The presiding officer shall conduct Language of
proceedings.
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. (1) The presiding officer shall separately record Evidence by
witnesses.
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. Where a witness requests for confidentiality, the Protection of
witnesses.
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—
318
(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. (1)The presiding officer shall inform the accused Evidence by the
accused person.
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. (1)The presiding officer may, at any time in an Production of
document and
inquiry, order the production of any document which he enquiries by the
considers shall assist him in arriving at a fair and just presiding officer.
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. (1) Before awarding punishment against the Award of penalty.
319
(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. (1) The presiding officer shall, in writing, inform Accused person to
be informed of his
the accused of the findings and sentence and of his right to right of appeal.
appeal to the designated appellate structures in this
chapter.
(2) For the avoidance of doubt, subject to sub No.11A of 2011.
paragraph (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. (1) Where a disciplinary hearing has been Appeals.
320
(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. (1) The appeals panel shall deliver its report to the Recommendations
from the
Commission within seven days of conclusion of the Commission’s
hearing and may, in respect of a decision appealed against appeals panel.
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.
321
(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. Where an accused person prefers an appeal to the Transmission of
proceedings to the
Commission, he or she shall, in writing, apply for a copy Commission.
of the proceedings at his or her own cost.
33. (1) Where an officer fails to attend a disciplinary Trial in absentia.
322
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. The presiding officer shall take into account while Factors to
consider when
awarding punishment to an accused person who has been awarding
found guilty of the offence― punishments.
323
38. (1) Subject to subparagraph (2), a fine imposed Recovery of fines
by deduction from
for an offence against discipline shall be recoverable by salary.
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. (1) The presiding officer may recommend Dismissal from
Service.
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 subparagraph (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, 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
324
Commission for approval and confirmation of the
recommendation of the authorized officer.
40. (1) Where a police officer has been tried and Where officer is
accused of
acquitted of a criminal charge and the evidence at that criminal offence.
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.
Where an officer is accused of a criminal
(3)
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 Generaland
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.
41. A punishment awarded against an officer shall be Recording of
punishment.
published in weekly orders of the National Police Service
and entered in service register, the casualty or personnel
returns and the defaulter’s registers.
325
42. (1) A reprimand awarded to a member of the Suspension of
punishment.
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. (1)A police officer, against whom a punishment Time for lodging
an appeal against
has been awarded in respect of an offence against a disciplinary
discipline, may appeal within fourteen days upon receipt conviction and
punishment.
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
326
Commander, or his Deputy of the originating
formation.
44. Upon receipt of the decision of the National Appeal to court.
327
(iv) the Sub-County DCI Commander; and
(v) any other member co-opted by the County
commander.
46. (1) There is established the Service Disciplinary Establishment of
the Service
Appeals Board for purposes of considering appeals from Disciplinary
the decisions from the respective County Disciplinary Appeal Board.
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. (1) The Inspector-General may interdict from Interdiction from
duty.
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, 2011 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.
328
(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 , 2011.
(10) In the event of the officer being retained in the
Service, his clothing and equipment may be returned to
him.
329
(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. (1) The Inspector-General may delegate the Powers to
suspend.
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
330
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. (1)Where any officer is interdicted or suspended Responsibility of
officer authorizing
from duty, the officer authorizing such interdiction or interdiction or
suspension shall ensure that no over-payment of salary is suspension.
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. Formation or County and Sub-County Responsibility for
discipline of
Commanders are responsible for the discipline and general specialized
administration of all technical and specialist personnel 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. If at any time a police officer having command or Extra training not
a punishment.
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. (1)A police officer may be removed from the Removal of
officers.
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;
331
(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. A police officer who is, by order of the Notification on
removal.
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. (1) A police officer may be removed from the Procedure of
removal due to
Service on the grounds that he or she is unlikely to become inefficiency.
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
332
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
subparagraph (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 subparagraph (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
333
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
334
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 sub-
paragraph (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. Where the Inspector-General considers that any Removal on
prejudicial
member of the Service has acted or behaved in a manner grounds.
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. (1)Any police officer may be removed from the Procedure on
removal due to
National Police Service on the grounds that it is in the Public or Service
public interest or in the interest of the service to do so. interest.
335
(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. (1)Any police officer, who is to be removed from Right to appeal
against removal
the Service under the provisions of paragraph 52 to 56, from the Service.
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.
336
58. (1)Section 94 (1) of the National Police Service Desertion.
337
59. (1) A police officer is declared to be a deserter Deserter.
338
62. (1)No police officer, other than a Reserve Police Prohibition
against engaging
Officer or a Special Police Officer, shall engage in any in trade.
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. Subject to the section 35 of the Alcoholic Drinks Drinking when in
uniform.
Control Act, any person who knowingly sells, supplies or
No. 4 of 2010
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. A police officer shall not smoke while actively Smoking in
uniform.
engaged on duty in any public place.
65. (1) All information received by a police officer in Confidentiality of
information.
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, 2011.
339
(5) Disclosing to members of the public concerning
matters of police duty or the National Police Service shall
be avoided.
66. (1) A Police Officer who travels to another Travelling on
duty.
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. (1) Serious pecuniary embarrassment, from Pecuniary
embarrassment.
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.
340
(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 hisor 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
341
(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.
68. (1) Subject to Regulation G. 22 of the code of Bankruptcy.
342
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. A recent history of indebtedness shall render an History of
indebtedness.
officer ineligible for further advancement in the Service.
73. (1) The following forms of debt shall not be Debts which need
not be reported.
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.
343
APPENDIX 30(a)—TREATMENT OF DISCIPLINARY OFFENCES
Officer empowered to inquire Officer alleged to have committed Punishment that may be awarded. Appellate authority by and/or which
into offence and or to award offence. appeals shall be first considered.
punishment
Officer empowered to inquire Any police officer below the rank Dismissal Stoppage, withholding or National Police Service commission
by the NPSC of A.S.P. deferment of salary increments
Reprimand.
AIG Any member of the Inspectorate. Fine not exceeding one third of the Officer senior in rank to officer
officers salary, Reprimand. imposing punishment.
Any subordinate officer. Dismissal. Reduction in rank.
Stoppage, withholding or deferment
of salary increments. Fine not
exceeding one third of the officer’s
salary. Extra duties. Reprimand.
SSP Any member of the Inspectorate. Fine not exceeding one third of the Officer senior in rank to officer
officer’s salary Reprimand. imposing punishment.
Any subordinate officer. Reduction in rank stoppage
withholding or deferment of salary
increments. Fine not exceeding one
third of the officer’s salary. Extra
duties Reprimand.
SP Chief Inspector Fine not exceeding seven days’ Officer senior in rank to officer
salary Reprimand. imposing punishment.
Officer designated as such by Any inspector other than a chief Fine not exceeding seven days’ Officer senior in rank to officer
the NPSC Inspector. salary Reprimand. imposing punishment.
344
Any subordinate officer Fine not exceeding seven days’
salary Reprimand.
CIP Inspector Fine not exceeding four days’ salary Officer senior in rank to officer
Reprimand. imposing punishment.
. Officer of or above the rank of Any subordinate officer. Fine not exceeding four days’
Inspector salary. Seven extra duties
Reprimand.
*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.
345
APPENDIX 30(b)—SUMMONS
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, 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 ................ ..............................
Presiding Officer
346
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..............................................
347
CHAPTER 31—DRESS CODE REGULATIONS
1. Police Officers deployed at the office of the Office of the
Inspector-General.
Inspector-General shall wear an arm patch with the
National Police Service Colors with superimposed National
Police Service crest on the right arm and shall retain the
dress code of their respective Services.
2. The Insignia in use in the National Police Service Order of dress,
badges of rank
badges of ranks, scale of issue of clothing and equipment, Insignia.
the orders of dress, and the makeup and description of
dress, shall be as provided in the these Regulations.
3. (1) Mess dress for members in the rank of the Mess dress
inspectorate.
Inspectorate and above, shall be mandatory.
(2) When attending evening functions, the full evening
order of dress with decorations shall be worn.
4. Police officers assembled in any place or at any Uniformity of
dress.
function shall be dressed in accordance with the order of
dress applicable to the function.
5. No police officer shall wear police uniform when Uniform not to be
worn on leave.
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.
6. (1) A police officer shall not wear police uniform Wearing of
uniform with
with any visible article of civilian clothing or anything that articles of civilian
is not part of the police uniform. clothing.
348
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.
9. (1) Police officers of technical units when on duty Overalls.
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 in
stead 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.
11. (1) Police officers shall only wear the badges of Badges.
349
13. Every police officer wearing swords shall tie a Sword Knots.
sword knots.
14. Every police officer of the rank of Sergeant or Uniform and
equipment
Senior Sergeant at the Formation, Unit and Component sergeants.
shall wear the uniform and badges of rank as described in
these Regulations.
15. The Senior non commissioned officer at a Police Blue Sash.
350
submitted to the County or Formation Commander for
further instructions.
19. Junior Officers proceeding on transfer shall take Uniform to be
checked on
with them their full issue of police uniform and equipment, transfer.
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.
20. (1) Officers-in-Charge of formations shall ensure Withdrawal of
uniform prior to
that all items of police uniform and equipment issued to discharge.
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.
21. An annual police uniform allowance shall be paid Police uniform
maintenance
to all officers to allow them to maintain the police uniforms allowance.
according to their rank.
22. (1) Police officers other than those attached to Plain clothes
general.
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.
23. Police officers operating in plain clothes, pregnant Plain Clothes
Allowance.
police officers or police officers who for some reasons
cannot wear police uniform shall be entitled to such
allowance as may be necessary to purchase civilian articles
of clothing for use while on duty.
24. The following instructions, with regard to the Uniform General.
351
(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 3 centimeters above the eyes and
the slack of the beret shall then be pulled down
over the right side of the head; and
352
(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 centimeters 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 and—
(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; and
(iii) junior female police officers shall wear the
lanyard in the same manner as provided in
subparagraph (i) ;
(k) a matchet and a scabbard shall be worn on the belt
behind the right hip with the cutting edge facing
the rear;
353
(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) swagger canes shall be carried by junior officers in
police uniform, but not when carrying fire-arms
or batons;
(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.
25. (1) Police officers shall maintain neat and well- Hair.
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
colors and where accessories are used to secure the hair,
they shall be plain in design and of a color that blends with
the hair.
26. (1) Make up shall be subtle, discreet and only Make-up.
354
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.
28. (1) Senior police officers shall set an example to Turn-out to be
smart and correct.
junior police officers by ensuring that their own turn-out is
impeccable.
(2) The provisions of these Standing Orders and of the
Police Regulations shall be strictly enforced to ensure a
smart and correct turn-out by all police officers.
29. (1) Police officers attending courses at the college Police officers in
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.
355
APPENDIX 31 (a)— KENYA POLICE INSIGNIA
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
356
6. The following Service badges of proficiency will be worn as
described below.
Service best shot
(a) Service best shot-crossed rifles in gold wire on dark blue cloth
Service best background. Awarded annually to junior officer who
is the best shot in the Service and worn for a period of one year
only.
Marksman
(b) Marksman-Rifle crossed in red wool on dark blue cloth
background. 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 Blue Tunic and blue jersey, musketry Badges are worn
with the lowest point 20112 centimetres above the cuff.
(b) Musketry badges are not worn with the blue, white or khaki
Angola shirts. Not more than one musketry badges may be worn
at the same standard; the badge of the highest award will 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 will be worn on the left sleeve at a
distance of fifteen centimetres below the point of the shoulder.
Badges are 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,
357
(e) drummer—white metal drum on dark blue cloth back ground
worn on the right upper arm with the lowest edge 7 1/2
centimeters from the Joint of the shoulder,
(f) bugler—red woolen 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.
Junior
7. A red lanyard will 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 Kenya Police College.
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 Regulations The badge will be worn as described
in the said chapter.
358
APPENDIX 31 (b)— BADGES OF RANK GAZETTED OFFICERS
AND INSPECTORATE- KENYA POLICE
1. General
Shoulder badges of rank will be of chrome-plated metal on a background
of blue for all police uniforms except mess dress, when silver wire
badges, as supplied by the stores, will be worn.
2. Deputy Inspector General
shoulder badge—crossed scimitar sword and scroll surrounded by a
laurel wreath, surmounted by a lion badge;
cap peak—two rows of oak leaf silver lace; and
lanyard—service colours(during ceremonial occasions and when
wearing the ceremonial dress, will put on aiguillettes).
3. Senior Assistant Inspector General
(a) Shoulder badges scimitar sword and scroll surrounded by laurel
wreath surmounted by a military pattern and a lion badge;
(b) gorget patches—black velvet, 4cm wide 9½ long pointed at the
top, with one vertical row of three silver embroidered oak leaves
(without acorn). A small Service button 2 cm from point of the
patch;
(c) cap peak—two rows of oak leaf silver lace; and
(d) lanyard—service colours(during ceremonial functions and when
wearing the ceremonial dress, will also put on aiguillettes).
4. Asssitant Inspector General
(a) Shoulder Badges:hree military pattern stars in a triangular shape
surmounted by a lion badge.
(b) gorget patches—black velvet, 4cm wide and 9½cm long pointed
at the top with one vertical row of three silver embroidered oak
leaves (without a corn). Small silver service button 2cm from
point of patch.
cap peak—one row of twisted oak leaf silver lace; and
(c) lanyard—service colours.
359
5. Commissioner
(a) Shoulder badges—two crossed spears surrounded by a laurel
wreath surmounted by one silver star;
(b) gorget patches—black velvet, 4cm wide and 9½cm long pointed
at the top with one vertical row of a silverornament of twisted
2cm silver braid. Small silver service button 2cm from point of
patch;
(c) cap peak—one row of twisted oak leaf silver lace; and
(d) lanyard—service colours.
6. Senior Superintendent
(a) Shoulder badges—two military pattern stars surmounted by lion
badge;
(b) gorget patches—black velvet 4cm wide and 7 1/2 cm long,
pointed at the top with one vertical strip of silver cord, with
small force button 2cm from point of patch;
(c) cap peak—1 1/2 cm silver embroidery edged with silver cord;
and
(d) lanyard—service colours.
7. (a) Superitendent
(i) Shoulder badges—one military pattern star surmounted by a
lion badge;
(ii) cap peak—as for Senior Superintendent; and
(iii) lanyard—service colours.
(b) Assistant Superintendent
(i) Shoulder badge—lion badge;
(ii) cap peak—as for the Superintendent; and
(iii) lanyard—service colours.
8. Chief Inspector
(a) Three military pattern silver stars on blue background; and
(b) cap peak—plain.
9. Inspector—two military pattern silver stars on blue background.
360
APPENDIX 31 (c)—BADGES OF RANK FOR JUNIOR OFFICERS–
KENYA POLICE
1. Senior Sergeant – Kenya Police College
Silver wire metal Kenya Police Badge surrounded by laurel leaves on blue
cloth background (worn on right upper arm).
2. Senior Sergeant
(a) When wearing blue jersey/pullover or khaki/blue serge tunic,
the Kenya Coat of Arms as described in appendix 31(a), will be
worn on the right sleeve being 10cm above the end of the cuff
of the sleeve; and
(b) When wearing blue/white shirt, the Coat of Arms will be worn
on right sleeve 8 cm below the point of the shoulder.
3. Sergeants
When wearing blue jersey/pullover or blue serge tunic, three large
size red worsted chevrons on a back ground of dark blue cloth will
be worn, angle of the top chevron being 15cm below the point of
the shoulder, on the right sleeve.
4. Corporals
As for sergeant except two chevrons only will be worn
NOTE: N.C.O in possession of operation areas kit including G S U, A.
S.T.U and Dog Unit when wearing khaki Angola shirts, will wear
chevrons made of white material.
361
APPENDIX 31 (d)—CLOTHING AND EQUIPMENT SCALE OF
ISSUE (MALE) - KENYA POLICE
(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
Khaki lame material 14 1/4 metres sufficient for 3 pairs of trousers, Tunic
short and 1 tunic long sleeves,3 1/2 metres blue serge woolen material
sufficient for 1 Tunic long sleeves. 1 pair trousers (for
substantive/confirmed inspector only).
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
362
(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
will be obtained from S.Q.M who will meet the cost on submission of
approved claims
(i). items marked with an asterisk (*) will be withdrawn on
termination of appointment from the force,
(ii). gazetted officers and members of Inspectorate will meet the
cost of replacing the above items from their Uniform
Allowance),
No free issue of badges of rank or items of uniform will be made to any
officer on promotion to the rank of CIP and above.
363
APPENDIX 31 (e)— CLOTHING AND EQUIPMENT SCALE OF
ISSUE ON ENLISTMENT OR
PROMOTION GAZETTED OFFICERS AND INSPETORATE
(FEMALE) 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 …………………………………... 3metres
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 ………………………………... I
Q Stores Accounting instruction pamphlet……… 1
364
APPENDIX 31 (f)—CLOTHING AND EQUIPMENT SCALE OF
ISSUE JUNIOR OFFICERS
GENERAL DUTIES, OTHER THAN OPERATION AREAS. - KENYA
POLICECLOTHING 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
365
APPENDIX 31 (g)— SCALE OF ISSUE JUNIOR OFFICERS
OPERATION AREAS - KENYA POLICE
In addition to general duty scale, officers on transfer to the operation
areas, will be issued with the following additional items of Kit which will
be withdrawn on being transferred out of these areas
Anklets, web 58 pattern…………...….. 2 pairs 1 year
Attachments, Brace 58 pattern ……….. 1 pair 4 year
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 l year
Lanyard, Cotton Khaki ………………. 1 1 year
Plates, Backmg Head Badge………..… 1 1 year
Shirts Angola J.G……………………… 3 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 ………………... 1 l year
(or fawn coat)
366
APPENDIX 31 (h)—SCALE OF ISSUE JUNIOR OFFICERS
GENERAL SERVICE UNIT
CLOTHING AND BADGES
Anklets, web 58 pattern………………...... 2 l year
Badges, hat ……………………………..... 1 10 years
Belt stable blue…………………………… 1 2 years
Beret, Maroon………….………………… 1 1 year
Badges, shoulder………………………… 2 10 years
Boot, ankle, Black……………………… 2 1year
Boots, jungle green……………………… 1 1 year
Belt, web 58 pattern …………………….. 2 1 year
Backing plates Head Badge ……………... 1 5 years
Braces, web, normal……………………… 1 2 years
Braces, web, attachment 58 pattern ……… 1 2 years
Cape, poncho …………………………… 1 2 years
Canvas, shoes brown……………………... 1 1 year
Greatcoat, khaki………………………….. 1 4 years
Hats jungle green………………………..... 1 1 year
Holster 58 pattern……………………….... 1 4 years
Jersey, Khaki …………………………….. 1 1 year
Lanyard, Khaki, cotton…………………… 2 1 year
Lanyard, blue woollen …………………… 1 1 year
Pouches, basic 58 pattern ……………….. 1 2 years
Smocks, camouflage …………………....... 1 2 years
Shirts, /Angola …………………………… 3 1 year
Socks, woollen green…………………… 3 1 year
Shoulder 58 pattern ……………………… 1 2 year
Trousers, jungle green…………………... 3 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................................. 1 10 years
Field dressing.................................................... 1 1 year
Frog bayonet 58 pattern.................................... 1 4 years
367
Haversack web 58 pattern................................ 1 4 years
Kit boxes............................................................ 1 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
368
APPENDIX 31 (j)—CLOTHING AND EQUIPMENT SCALE OF
ISSUE SUBORDINATE MARINE POLICE OFFICERS - KENYA
POLICE CLOTHING
Badges hat 1 10 years
Badge coxswam 1 pair As
required
Boots black 1 2 years
Cap, navy type with ribbon ‘Kenya 1 2 years
Police Colours
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 5years
Brush boots 1 2 years
Certificate of appointment 1 10 years
Field Dressing 1 –
369
APPENDIX 31 (k)— SCALE OF ISSUE JUNIOR WOMEN POLICE
OFFICERS - KENYA POLICE CLOTHING AND BADGES
Badges, hat 1 10 years
Bag sling leather, Blue 1 5 years
Buttons, Tunic large 3 10years
Buttons, Tunic medium 7 10 years
Cappeak 1 2years
Covers, cap peak 1 1year
370
EQUIPMENT
Blankets G.S 2 2 years
Book pocket note 1 1 year
371
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
EQUIPMENT
Bag, canvas 2 2 years
Bags sleeping 1 2 years
Blanket G.S 2 2 years
372
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
soap, bars 9 1 year
Strap, shoulder L & R/H 58 pattern 1 1 year
373
APPENDIX 31 (o)—SCALE OF ISSUE JUNIOR OFFICERS TRAFFIC
PERSONNEL - KENYA POLICE CLOTHING AND EQUIPMENT
1 1 year
Sleeves, white.......................
Reflective jacket................. 1 2 years
Reflective 1 2 years
vest..............................
Covers, peaked cap, white......... 2 1 year
MOTOR-CYCLISTS
Reflective jacket................ 1 2 years
Goggle, motor cycle.................. 1 2 years
Helmet, crash......................... 1 4 years
Gauntlet, motor cycle............... 1 1 year
Breeches, khaki cord................ 2 1 year
NOTE:
To be withdrawn upon transfer out of traffic branch. Driving Test
Examiners may wear khaki shirt, stable Belts and blue Berets.
Add: clothing and equipments
Jackets 1 1 year
reflective…………………….
Vests reflective 1 1 year
………………………
Belts white 1 1 year
…………………………
374
APPENDIX 31 (p)—SCALE OF ISSUE CADET CORPS - KENYA
POLICE CLOTHING AND EQUIPMENT
Badges, cap ............................. 1 10 years
Belt leather ............................… 1 4 years
Beret blue ............................…. 1 1 year
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.
375
APPENDIX 31 (q)—SCALE OF ISSUE CIVILIAN STAFF SKELETON
UNIFORM - KENYA POLICE CLOTHING RECIPIENT
Overall(dungarees)......Mechanic .………. 2 1 year
Drivers (Junior Police officers)….... 1 1 year
Armourers ......................................…....... 2 1 year
376
APPENDIX 31 (r)—ORDERS OF DRESS-GAZETTED OFFICERS
AND INSPECTORATE - KENYA POLICE
GAZETTED OFFICERS
1. FULL DRESS
Peaked cap, white turban for Sikh officers, and maroon
Beret for G.S.U. officers, Tunic, blue patrol.
Overalls.
Boots, Wellington, half patent.
Sam Browne belt.
Sword, Scabbard, knot and frog.
Gloves, white.
Medals.
Lanyard service colors except those wearing patrols.
2. UNDRESS
Head dress as in paragraph 1.
Tunic, blue serge. (See Note (b) below).
Shirt and police crested cuff links.
Tie service colors for substantive S.P. and above.
Lanyard (in service colors for substantive S.P. and above).
Whistle.
Trousers, same material as Tunic.
Shoes, black leather.
Socks, black.
Sam Browne belt.
Gloves, white (when ordered or carrying a sword)
Medal Ribbons.
Overcoat or waterproof (when ordered).
NOTES:
(a) Medals and sword will only be worn if ordered.
(b) In cold weather or on suitable occasions, the County/Formation
commander may order that tunics and trousers of dark blue serge
be worn.
377
It is compulsory for Gazetted Officers and members of inspectorate
(confirmed) to possess this form of dress.
3. WORKING DRESS
Head dress as in paragraph 1. Bush tunic, and trousers of approved
material. Lanyard (in service colours for substantive S.P.s and above).
Corded lanyard blue for Ag.IPs to Ag.SPs Whistle, socks black, shoes,
black leather, approved pattern, sam Browne belt (or khaki cloth belt of
similar material when working in an office). Medal ribbons, overcoat as
necessary.
NOTES: Breeches boots and spurs will be worn when mounted.
4. SAFARI DRESS
Head dress as in paragraph 1 or blue beret.
Shirts khaki poplin short sleeves with epaulettes and
2 breast pockets.
Trousers khaki of approved material with wide waist
band and belt loops.
Sam Browne belt or stable belt.
Boots, black.
Shoes, black and black socks or safari boots.
5. MESS DRESS
Head dress as in paragraph. 1
Mess jacket.
Cummerbund.
Shirt, evening, with soft collar.
Tie, service colors silk dress (bow).
Overalls
Socks, black.
Boots, wellington, half patent.
Medals, miniatures.
6. PATROL DRESS
Head dress as in paragraph 1.
Tunic, blue patrol.
Overalls.
Boots, wellington, half patent.
378
Medals.
This should be worn with medals by the following officers on National
days parades when carrying
a sword:
Nairobi County - (i) Inspector general
(ii) P.A. to Inspector general.
Other Counties - (i) County Commanders only (or their deputies during
their absence.
(ii) Parade Commander if he or she is confirmed
Superintendent.
Sub-Counties outside County Headquarters where D.C.'s take their salute:
(i) Sub- County Commander's.
(ii) Parade Commander if he or she is confirmed
Superintendent.
All Police Training Institutions- as may be directed by the Inspector
General.
7. FULL DRESS OPERATION AREAS
Head dress as in paragraph 1.
Shirt Angola and J.G. trousers (number 1)
Boots, black or shoes.
Lanyard (in service colours for substantive S.P. and above).
Whistle.
Sam Browne Belt.
Sword, Scabbard, knot and frog.
Overcoat or waterproof (when ordered)
NOTE: Black shoes and black socks or blue serge jacket and trousers may
be worn by officers of or above the rank of Superintendent
(substantive).
8. UNDRESS OPERATION AREAS
Head dress as in paragraph 1
Angola shirt and J.G trousers of approved material, with stable belt.
Lanyard as appropriate.
Whistle.
379
Shoes and socks may be worn by authorized officers.
Medal ribbons.
9. WORKING DRESS OPERATION AREAS
Beret blue, peaked cap or turban.
Shirt, angola.
Trousers, jungle green.
Belt, web or stable.
Shoes black or boots with anklet.
Whistle.
Lanyard. Normal khaki for other ranks
Khaki corded for Ag IPs to Ag SPs
Service colours for substantive SP and above.
10. OPERATION DRESS GENERAL SERVICE UNIT
Beret, maroon.
Jacket, camouflage jungle green.
Shirts, khaki angola.
Trousers, jungle green.
Boots, black.
Lanyard as appropriate.
Whistle.
Webbing equipment 58 pattern.
NOTE: The maroon beret will always be worn on duty with jungle green
uniform, except during bush and forest patrols when the jungle
green hat will be worn.
11. FOREST DRESS GENERAL SERVICE UNIT
Jungle hat.
Jacket, camouflage, jungle green.
Shirt, khaki angola
Lanyard as appropriate.
Whistle.
Belt 58 pattern and equipment.
Trousers, jungle green.
380
Boots, jungle green.
Water bottle.
INSPECTORATE
12. FULL DRESS
Head dress as per paragraph 1 above.
Tunic, and Trousers of approved material.
Shirt, white with the police crested cuff links.
Tie, police crested.
Lanyard, service colours.
Whistle.
Breeches when mounted (cavalry fashion).
Boots, black ankle.
Sam Browne belt.
Gloves white.
Medals.
Waterproof (when ordered).
13. UNDRESS
Head dress as in paragraph 1 above.
Tunic and trousers blue serge.
Shirt, white with police crested cuff links.
Tie, service colour.
Lanyard, service colour
Socks, black leather.
Sam Browne Belt.
Gloves, white.
Medals (when ordered, otherwise medal ribbons). carcoats or waterproof
(when ordered) sword, scabbard, (knot and frog) will be worn when
ordered.
14. WORKING DRESS
As for Gazetted Officers.
15. SAFARI DRESS.
As for Gazetted officers.
381
16. MESS DRESS
As for Gazetted officers except that blue serge trousers and black shoes
will be worn in place of overalls, wellington boots.
17. FULL DRESS OPERATIONAL AREAS
As for Gazetted officers
18. UNDRESS OPERATION AREAS
As for Gazetted officer.
19. WORKING DRESS OPERATION AREAS
As for Gazetted officers
20. OPERATION DRESS-GENERAL SERVICE UNIT
As for Gazetted Officers.
21. FOREST DRESS-GENERAL SERVICE UNIT
As for Gazetted Officers
22. BAND INSPECTOR
The Inspector attached to the band will, when in full Dress Band Parade,
wear blue undress with Sam Browne belt and white gloves. Badges of
rank will be worn.
23. NO. 2 WORKING DRESS FOR GAZETTED OFFICERS AND
MEMBERS OF INSPECTORATE
Headdress as in Paragraph 1 above.
Shirt - Short sleeved shirt, a trouser of approved material.
Badges of Rank - cloth
Lanyard - Service color for substantive
- SP and above
- Corded lanyard for members of Inspectorate.
Belt - Stable
Whistle
Shoes - Black
Socks - Black
382
APPENDIX 31 (s)—ORDERS OF DRESS WOMEN POLICE
GAZETTED OFFICERS AND INSPECTORATE - KENYA POLICE
1. FULL DRESS
Peaked cap.
Tunic, Blue serge light weight.
Shirt white poplin
Tie, service colours for SPs and above and Police crested tie for Ag IPs to
Ag SPs.
Skirt, blue serge light weight.
Lanyard police colours rank above S.P.s and other corded blue or khaki.
Whistle.
Stockings black.
Shoes, black regulation pattern.
Gloves.
Sling bag.
Capes (when ordered).
Sam Browne belt (sword, scabbard, Knot and Frog) when ordered.
2. WORKING DRESS (DAY ORDER)
Peaked cap.
Shirt, white poplin.
Trouser/Skirt blue serge.
Whistle.
Lanyard as appropriate.
Stockings, black.
Shoes, black regulation pattern.
Sling Bag.
Medal ribbons.
Capes.
Sam Browne belt.
3. WORKING DRESS (NIGHT ORDER)
As in paragraph 2, but a cape or jersey navy blue will be worn over the
white shirt.
NOTE: Pullover blue is optional and will not be issued free of charge but
will be available for sale at officers shop.
383
APPENDIX 31 (t) (i)— ORDER OF DRESS OTHER RANKS
OFFICERS: GENERAL DUTY EXCLUDING OPERATION AREAS
AND WOMEN POLICE - KENYA POLICE
1. FULL DRESS
Caps, Peak without cover.
Tunic navy blue.
Trousers Navy blue.
Tie, black.
Shirt poplin white.
Lanyard, blue.
Whistle.
Belt, stable Service colour.
Rifle (bayonet, Scabbard and Frog when ordered)
Boots, black.
Socks - grey.
Medals.
Coat waterproof (when ordered).
NOTE:
(a) Bayonet, scabbard and frog will be carried on the right heap when
ordered.
(b) Service number will be worn above centre of right breast pockets with
blue backing.
2. WORKING DRESS
Caps, peak with cover.
Shirt, light blue.
Lanyard, blue woollen.
Whistle.
Trousers, Navy blue.
Boots, black.
Socks grey.
Belt, leather black.
Baton will be carried in the special pocket provided in the trouser. Coat
waterproof (as necessary).
384
NOTES:-
(a) Navy blue Jerseys may be worn for night duty in addition to blue
shirts in cold weather or in the older counties, when ordered by the
Formation Commander.
(b) Medal ribbons will be worn with the light blue shirt.
(c) Service number will be worn above centre of right breast pocket
with blue backing.
3. SERVICE SERGEANT- KENYA POLICE COLLEGE
The Service Sergeant at the Police college will wear in the following order
of dress.
(a) Full Dress
Cap peak without cover.
Tunic and long trousers navy blue.
Lanyard service colours.
Whistle.
Sam Browne belt.
Boots, black.
Medals.
Shirts, poplin, white long sleeve
Tie service colour
(b) Working Dress
Cap peak without cover.
Bush tunic and long trousers of approved material.
Lanyard, blue corded woolen.
Whistle.
Sam Browne belt.
Socks navy blue.
Boots, black.
Medal ribbon.
385
APPENDIX 31 (t) (ii)—OPERATION AREAS - KENYA POLICE
1. FULL DRESS
As per Appendix 31t (i).
2. WORKING DRESS
As for G.S.U. except that blue beret will be worn in place of maroon.
3. MARCHING ORDER
As for working dress plus:-
Bags, Kit canvas
Blanket light weight.
Bottles water 58 pattern.
Carrier water bottle 58 pattern
Matchet.
Scabbard matchet.
Tins mess.
Field dressing.
4. OPERATION DRESS
As for G.S.U.
NOTE: General duty uniform will only be used when the full dress is the
order. Cape poncho will be used instead of coat waterproof.
APPENDIX 31 (t) (iii)—GENERAL SERVICE UNIT
1. FULL DRESS
Beret, maroon.
Shirt, woollen Angola drap green.
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).
386
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.
387
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.
388
APPENDIX 31 (t) (iv)— MARINE POLICE - KENYA POLICE
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 woolen 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 will be worn
as laid down in Appendix 31(t)(i) paragraph 2. (G.D.)
389
APPENDIX 31 (t) (v)— DOG UNIT - KENYA POLICE
1. FULL DRESS
As for G.S.U. except that blue beret will 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).
390
APPENDIX 31 (t) (vi)—ANTI STOCK THEFT UNIT
1. FULL DRESS
As for G.S.U. except that blue beret will be worn in places of maroon.
2. WORKING DRESS
As for G.S.U. except that blue beret will be worn in place of maroon.
3. OPERATION DRESS
(a) Skeleton Order (worn on person).
Jungle hat.
Shirt khaki angola.
Trousers. J.G.
Lanyard - as appropriate.
Whistle.
Boots military.
Socks navy blue.
Belt. Web 58 pattern.
Braces attachment 58 pattern.
Ammunition pouches/magazine carriers.
Water bottle and carrier 58 pattern.
Field dressing.
(b) MARCHING ORDER (Carried in 58 pattern).
58 pattern.
Mess Tin Set.
Matchet and Scabbard.
Blankets lightweight.
Cape poncho
Smock Camouflage.
Sleeping bag.
Mosquito net.
(c) FULL MARCHING ORDER (in Kit Bag carried in Vehicle)
Blankets G.S.
Jersey khaki.
Waterproof coat.
Socks 2 pairs grey.
Trousers J.G. 2 pairs.
Beret blue.
Badge.
391
APPENDIX 31 (t) (vii)—WOMEN POLICE OFFICERS OF OTHER
RANKS - KENYA POLICE
FULL DRESS
Cap peak without cover.
Tunic navy blue serge.
Skirt navy blue.
Shirt white poplin/terylene/cotton
Tie, black.
Socks, blue.
Whistle.
Lanyard blue
Shoes, black.
Medals.
Cape blue (when ordered).
Belt service colour.
WORKING DRESS
Cap peak with plastic cover.
Skirt blue terylene.
Shirt popline white.
Service number
Shoes black.
Socks blue.
Lanyard, blue.
Pullover, blue to be worn in cold weather only on top of white shirt.
Service number to be worn above the centre of right breast pocket.
Belt Service colors.
NOTE: Fatigue and Physical Training dress for various Formations/Units
will be as directed by the County/Formation Commander.
392
APPENDIX 31(u)— OPERATION DRESS (MAKE UP
DESCRIPTION OF ITEMS OF UNIFORMS)
393
APPENDIX 31(v)— ADMINISTRATION POLICE 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”
2. The Senior Sergeant badge consists of the shield with crossed
spears (metallic) on dark maroon cloth. Beneath it are three bar chevron.
3. The Administration Police button bears a lion with a scroll
inscribed Administration Police. The buttons are in two sizes; large and
medium.
4. Name tags will 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.
5. The following Service badges of proficiency will 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.
394
APPENDIX 31(w)—ADMINISTRATION POLICE BADGES OF
RANK GAZETTED OFFICERS AND INSPECTORATE
1. General
Shoulder badges of rank will be of gold-plated metal on a background of
maroon for ceremonial and tunic uniforms for gazetted officers, but for
members of inspectorate it should be chrome plated on background of
maroon.
2. Deputy Inspector General
(a) Shoulder badge—crossed scimitar and scroll surrounded by laurel
wreath, surmounted by a lion badge;
(b) gorget patches—maroon velvet, 4 cm wide and 91/2 cm long
pointed at the top with one vertical row of three gold embroidered
oak leaves (without acorn). Small gold Service button 2 cm from
point of the patch;
(c) cap peak—two rows of oak leaf gold lace; and
(d) service colours lanyard(during ceremonial occasions and when
wearing the ceremonial dress, will put on aiguillettes).
Senior Assistant Inspector General
3.
(a) Shoulder badges—scimitar sword and scroll surrounded by laurel
wreath surmounted by a military pattern and a golden lion badge;
(b) gorget patches:- Maroon velvet, 4cm wide 9½ long pointed at the
top, with one vertical row of three gold embroidered oak leaves
(without acorn) and a small Service button 2 cm from point of the
patch;
(c) cap peak—two rows of oak leaf gold lace; and
(d) lanyard—service colours(during ceremonial occasions and when
wearing the ceremonial dress, will also put on aiguillettes).
4. Asssitant Inspector General
(a) Shoulder badges—three military pattern stars in a triangular
shape surmounted by agold lion badge;
(b) gorget patches—maroon velvet, 4cm wide and 9½cm long
pointed at the top with one vertical row of three gold embroidered
oak leaves (without a corn) and a small gold service button 2cm
from point of patch;
(c) cap peak—one row of twisted oak leaf gold lace; and
(d) lanyard—service colours.
395
5. Commissioner
(a) Shoulder badges—two crossed spears Surrounded by a laurel
wreath surmounted by one gold star;
(b) gorget patches—maroon velvet, 4cm wide and 9½cm long
pointed at the top with one vertical row of a goldornament of
twisted 2cm gold braid and a small gold service button 2cm from
point of patch;
(c) cap peak—one row of twisted oak leaf gold lace; and
(d) lanyard—service colours.
6. Senior Superintendent
(a) Shoulder badges—two military pattern stars surmounted by lion
badge;
(b) gorget patches—as for Assistant Inspector General;
(c) cap peak—11/2 cm silver embroidery edged with gold cord; and
(d) lanyard—service colours.
7. Superintendent
(a) Shoulder badges—one military pattern star surmounted by a lion
badge;
(b) cap peak—as for Senior Superintendent; and
(c) lanyard—service colours.
8. Assistant Superintendent
(a) Shoulder badge—lion badge;
(b) cap peak—as for Senior Superintendent; and
(c) lanyard—service colours.
9. Chief Inspector
(a) Shoulder badge—three military pattern silver stars on maroon
background;
(b) cap peak—plain; and
(c) lanyard—service colours.
Inspector
10.
(a) Shoulder badge—two military pattern silver stars on a maroon
background;
(b) cap peak—as for the Chief Inspector; and
(c) lanyard—service colours.
396
Appendix 31(x)— ADMINISTRATION POLICE BADGES OF
RANK FOR MEMBERS OF OTHER RANKS
1. Senior Sergeant Major - Administration Police Training College
Coat of Arms surrounded by laurel leaves on a maroon cloth background
(worn on right arm wrist).
2. Senior Sergeant
(a) A metallic shield with crossed spears on a maroon background
and beneath it three bar chevron; and
(b) lanyard—maroon twisted.
3. Sergeants
(a) When wearing a jersey or ceremonial dress, three large size red
worsted chevrons on a background of black cloth will be worn,
angle of the top chevron being 15cm below the point of the
shoulder, on the right sleeve; and
(b) lanyard—maroon twisted.
4. Corporals
As for sergeant except two chevrons only will be worn.
397
APPENDIX 31(y): ADMINISTRATION POLICE CLOTHING AND
EQUIPMENT SCALE OF ISSUE
Gazetted Officer and Inspectorate (men) on enlistment and other ranks on
promotion to the Inspectorate
A. Clothing and Badges
Cap badges 2
Gorgets for ssp and above 2 pair
High ankle leather boots 2 pair
Stable belt 2
Ap button medium 10 with support rings
Ap buttons large 4
Cap peaked black 1
Fawn coat water proof/blue 1
Over coat double breasted grey 1
Lanyard twisted woolen for cip and ips 2
Jungle jacket 1
Lanyard service colours for g.o.s 2
Angola shirts 2
Socks jungle green 2 pairs
Tie maroon with ap logo 1
Whistle, metropolitan 1
Turban (where applicable) 1
Combat shirt 1
Combat trouser 1
B. Equipment
Baton metropolitan 1
Sam browne (black) 1
Certificate of appointment 1
Instruction on use of force in civil disturbance 1
book
"q" stores accounting detailed instructions pamphlet 1
Kit 1
Pamphlet, riot drill training 1
Administration police note book 1
398
APPENDIX 31 (z)— ADMINISTRATION POLICE CLOTHING AND
EQUIPMENT SCALE OF ISSUE ON ENLISTMENT OR PROMOTION
TO GAZETTED OFFICERS AND MEMBERS OF INSPECTORATE
Clothing
Shoulder badges 2
Cap badges 2
Gorgets for ssp and above 2
Buckle, belt 2
Button large 4
Buttons medium 10
Cap peak black 1
Fawn coat water proof 1
Lanyard 2
Skirt jungle green (for lady officer) 2
Angola shirts 2
Senior officers shoes black pairs 2
Socks jungle green 2
Jungle jacket 2
Stars, military pattern 4
Tie maroon with ap logo 1
Whistle 1
Bawler hat (for lady officer) 1
Ceremonial dress complete 1
Tunic dress 1
Combat trouser 2
Combat shirt 2
Equipment
Belt sam browne, complete with cross strap 1
Certificate of appointment 1
Kit 1
Handbag leather black (for lady officer) 1
Instructions on use of force in civil disturbance 1
Pamphlet anti riot drill training 1
Administration police note book 1
399
APPENDIX 31(aa)— ADMINISTRATION POLICE CLOTHING
AND EQUIPMENT SCALE OF ISSUE OTHER RANKS GENERAL
DUTIES, OTHER CLOTHING AND BADGES
Clothing
Ap cap badges 2
Stable belt maroon 1
Caroline belt 1
High ankle leather boots 2
Buttons large 4
Buttons medium 6
Caps peaked 2
Fawn coats water proof 1
Jungle jacket 1
Jersey 2
Lanyard woolen maroon single 2
Jungle shirt (angola) 2
Shirts white 1
Denim trousers 2
Jungle green socks 2 pairs
Ties maroon with ap logo 1
Ceremonial tetrex grey uniform 1 set
Whistle 1
Combat shirt (rdu, sstpu, sspu,
Vipu& rbpu) 1
Combat trouser (rdu, sstpu,
Sspu, vipu & rbpu 1
Equipment
Baton, metropolitan 1
Ap pocket note book 1
Kit box 1
Certificate of appointment 1
Anti-riot, drill, pamphlet 1
400
APPENDIX 31 (bb)—SCALE OF ISSUE OTHER RANKS
ADMINISTRATION POLICE BAND
Button large 4
Button medium 6
White Polyster long sleeves China Jacket 1
Trousers Black woolen with white stripes 5cm wide 1
Coma Belt Sash 1
Shoes, black 1
Socks, jungle green 2 pairs
AP Cap Badge 1
Shoulder Wing 2 pairs
Dress, cord (maroon) 1
Guard, case leather 1
Band, 2 inches wide cap, AP Police colours 1
Plume 1
401
APPENDIX 31 (dd)— DRESS ORDER FOR GAZZETTED
OFFICERS AND MEMBERS OF INSPECTORATE-
ADMINISTRATION POLICE SERVICE
Deputy Inspector General
Ceremonial
• Peaked cap c/w 2 oak leaves gold braid
• Cap badge ap cloth (circular shape)
• Jacket gabardine and trouser
• Jacket (dog collar) gabardine and trouser
• Gold waist sash
• White shirt
• Tie maroon ap
• Officers shoes brown
• Swagger cane maroon
• Gloves white
• Lanyard gold twisted
• Gold aiguillettes
• Buttons gold small (10 no)
• Buttons gold large (4 no)
• Ceremonial goggets (gold oak leaves strip on maroon
background)
• Sam brown belt
• Whistle metropolitan
• Military sword
Working uniform
• Black george boots (permanent shine)
• Black wellington boots (permanent shine)
• Black officers shoes (permanent shine)
• Suede boot (safari boots)
• High ankle leather boots
• Swagger cane maroon (brown)
• Olive green trouser
• Shirt angola
• Beret black
• Officers raincoat
402
• Officers stable belt officers
• Buckle gold
• Tunic jacket and trouser
• peaked cap c/w 2 oak leaves gold braid
• Jersey camouflage
• Jacket camouflage
• Working goggets (gold oak leaves strip on maroon
background)
• Cap badge ap cloth (circular shape)
• Socks
• Whistle metropolitan
• Lanyard twisted gold
• Buttons gold small (6 no) and large (4 no)
• Jungle combat trouser and jungle combat shirt/tunic
Senior Assistant Inspector General
Ceremonial:
• Peaked cap c/w 2 oak leaves gold braid
• Cap badge ap cloth (circular)
• Jacket gabardine and trouser
• White shirt
• Tie maroon aps
• Officers shoes brown
• Swagger cane maroon
• Gloves white
• Lanyard twisted gold
• Gold aiguillettes
• Buttons gold small (10 no)
• Buttons gold large (4 no)
• Ceremonial goggets (gold oak leaves strip on maroon
background)
• Sam brown belt
• Whistle metropolitan
• Military sword
Working uniform:
• Black george boots (permanent shine)
• Black wellington boots (permanent shine)
• Black officers shoes (permanent shine)
403
• Suede boot (safari boots)
• High ankle leather boots
• Swagger cane maroon (brown)
• Olive green trouser
• Shirt angola
• Beret black
• Officers raincoat
• Officers stable belt officers
• Buckle gold
• Tunic jacket and trouser
• peaked cap c/w 2 oak leaves gold braid
• Jersey camouflage
• Jacket camouflage
• Working goggets (gold oak leaves strip on maroon
background)
• Cap badge ap cloth (circular shape)
• Socks
• Whistle metropolitan
• Lanyard twisted gold
• Buttons gold small (6 no) and large (4 no)
• Jungle combat trouser and jungle combat shirt/tunic
Assistant Inspector General
Ceremonial:
• Peaked cap c/w one oak leaves gold braid
• Cap badge ap cloth
• Jacket gabardine and trouser
• White shirt
• Tie maroon aps
• Officers shoes brown
• Swagger cane maroon
• Gloves white
• Lanyard twisted gold
• Buttons gold small (10 no)
• Buttons gold large (4 no)
404
• Ceremonial goggets (twisted gold strip on maroon
background)
• Sam brown belt
• Whistle metropolitan
• Military sword
Working uniform:
• Black george boots (permanent shine)
• Black wellington boots (permanent shine)
• Black officers shoes (permanent shine)
• Suede boot (safari boots)
• High ankle leather boots
• Swagger cane maroon (brown)
• Olive green trouser
• Shirt angola
• Beret black
• Officers raincoat
• Officers stable belt officers
• Buckle gold
• Tunic jacket and trouser
• peaked cap c/w one oak leaves gold braid
• Jersey camouflage
• Jacket camouflage
• Working goggets (twisted gold strip on maroon
background)
• Cap badge ap cloth
• Socks green
• Whistle metropolitan
• Lanyard twisted gold
• Buttons gold small (6 no) and large (4 no)
• Jungle combat trouser and jungle combat shirt/tunic
Commissioner
Ceremonial:
• Peaked cap c/w one oak leaves gold braid
• Cap badge ap cloth
• Jacket gabardine and trouser
405
• White shirt
• Tie maroon aps
• Officers shoes brown
• Swagger cane maroon
• Gloves white
• Lanyard twisted gold
• Buttons gold small (10 no)
• Buttons gold large (4 no)
• Ceremonial goggets (gold strip on maroon background)
• Sam brown belt
• Whistle metropolitan
• Military sword
Working uniform:
• Black officers shoes
• Suede boot (safari boots)
• High ankle leather boots
• Swagger cane maroon (brown)
• Olive green trouser
• Shirt angola
• Beret black
• Officers raincoat
• Officers stable belt officers
• Buckle gold
• Tunic jacket and trouser
• peaked cap c/w one oak leaves gold braid
• Jersey camouflage
• Jacket camouflage
• Working goggets (gold strip on maroon background)
• Cap badge ap cloth
• Socks
• Whistle metropolitan
• Lanyard twisted gold
• Buttons gold small (6 no) and large (4 no)
• Jungle combat trouser and jungle combat shirt/tunic
Senior Superintendent (SSP)
406
Ceremonial:
• Peaked cap c/w one gold strip
• Cap badge ap cloth
• Jacket gabardine and trouser
• White shirt
• Tie maroon aps
• Officers shoes brown
• Swagger cane maroon
• Gloves white
• Lanyard twisted gold
• Buttons gold small (10 no)
• Buttons gold large (4 no)
• Ceremonial goggets (gold strip on maroon background)
• Sam brown belt
• Whistle metropolitan
• Military sword
Working uniform:
• Black officers shoes
• Suede boot (safari boots)
• High ankle leather boots
• Swagger cane maroon (brown)
• Olive green trouser
• Shirt angola
• Beret black
• Officers raincoat
• Officers stable belt officers
• Buckle gold
• Tunic jacket and trouser
• peaked cap c/w one gold strip
• Jersey camouflage
• Jacket camouflage
• Working goggets (gold strip on maroon background)
• Cap badge ap cloth
• Socks
• Whistle metropolitan
• Lanyard twisted gold
407
• Buttons gold small (6 no) and large (4 no)
• Jungle combat trouser and jungle combat shirt/tunic
Superintendent
Ceremonial:
• Peaked cap c/w one gold strip
• Cap badge ap (metallic gold coated)
• Jacket gabardine and trouser
• White shirt
• Tie maroon aps
• Officers shoes brown
• Swagger cane maroon
• Gloves white
• Lanyard twisted gold
• Buttons gold small (10 no)
• Buttons gold large (4 no)
• Sam brown belt
• Whistle metropolitan
• Military sword
Working uniform:
• Black officers shoes
• Suede boot (safari boots)
• High ankle leather boots
• Swagger cane maroon (brown)
• Olive green trouser
• Shirt angola
• Beret black
• Officers raincoat
• Officers stable belt officers
• Buckle gold
• Tunic jacket and trouser
• peaked cap c/w one gold strip
• Jersey camouflage
• Jacket camouflage
• Cap badge ap ( metallic gold coated)
• Socks
• Whistle metropolitan
• Lanyard twisted gold
• Buttons gold small (6 no) and large (4 no)
408
• Jungle combat trouser and jungle combat shirt/tunic
Assistant Superintendent
Ceremonial:
• Peaked cap c/w one gold strip
• Cap badge ap (metallic gold coated)
• Jacket gabardine and trouser
• White shirt
• Tie maroon aps
• Officers shoes brown
• Swagger cane maroon
• Gloves white
• Lanyard twisted gold
• Buttons gold small (10 no)
• Buttons gold large (4 no)
• Sam brown belt
• Whistle metropolitan
• Military sword
Working uniform:
• Black officers shoes
• Suede boot (safari boots)
• High ankle leather boots
• Swagger cane maroon (brown)
• Olive green trouser
• Shirt angola
• Beret black
• Officers raincoat
• Officers stable belt officers
• Buckle gold
• Tunic jacket and trouser
• peaked cap c/w one gold strip
• Jersey camouflage
• Jacket camouflage
• Cap badge ap ( metallic gold coated)
• Socks
• Whistle metropolitan
• Lanyard twisted gold
• Buttons gold small (6 no) and large (4 no)
• Jungle combat trouser and jungle combat shirt/tunic
409
Chief Inspector
Ceremonial:
• Peaked cap
• Cap badge ap (metallic chrome coated)
• Jacket gabardine and trouser
• White shirt
• Tie maroon aps
• Officers shoes black
• Swagger cane officers black
• Gloves white
• Lanyard service colours
• Buttons silver small (10 no)
• Buttons silver large (4 no)
• Sam brown belt
• Whistle metropolitan
• Military sword
Working uniform:
• Black officers shoes
• Safari boots
• High ankle leather boots
• Swagger cane officers (black)
• Olive green trouser
• Shirt angola
• Beret black
• Officers raincoat
• Officers stable belt officers
• Buckle chrome
• Tunic jacket and trouser (tetrex)
• peaked cap
• Jersey camouflage
• Jacket camouflage
• Cap badge ap ( chrome)
• Socks
• Whistle metropolitan
• Lanyard twisted maroon
• Buttons chrome small (6 no) and large (4 no)
• Jungle combat trouser and jungle combat shirt/
410
Inspector (IP)
Ceremonial
• Peaked cap
• Cap badge ap (metallic chrome coated)
• Jacket gabardine and trouser
• White shirt
• Tie maroon aps
• Officers shoes black
• Swagger cane officers black
• Gloves white
• Lanyard service colours
• Buttons silver small (10 no)
• Buttons silver large (4 no)
• Sam brown belt
• Whistle metropolitan
• Military sword
• High ankle leather boots
Working uniform:
• Black officers shoes
• Safari boots
• High ankle leather boots
• Swagger cane officers (black)
• Olive green trouser
• Shirt angola
• Beret black
• Officers raincoat
• Officers stable belt officers
• Buckle chrome
• Tunic jacket and trouser (tetrex)
• Peaked cap
• Jersey camouflage
• Jacket camouflage
• Cap badge ap ( chrome)
• Socks
• Whistle metropolitan
• Lanyard twisted maroon
• Buttons chrome small (6 no) and large (4 no)
• Jungle combat trouser and jungle combat shirt/
411
APPENDIX 31 (ee)— DRESS ORDER FOR OTHER RANKS-
ADMINISTRATION POLICE SERVICE
Senior Sergeant
Ceremonial Uniform:
• Long tetrax
• Jacket tetrax
• White shirt
• White gloves
• Peak cap APs
• Tie maroon APs
• Swagger cane NCOs black
• Caroline belt
• Whistle metropolitan
• Lanyard maroon
• High Ankle leather boots
• Button chome for AP (Small) 10 No
• Button chome for AP (Large) 4 No
• Jungle green socks
Working Uniform:
• Cap badge metallic (silver)
• Beret black
• Angola shirt
• Long green
• Maroon belt
• Camouflage cap
• Web belt
• Lanyard maroon
• Whistle metropolitan
• Angola blouse (lady officer)
• Ladies military boots
• Ladies shoes
• Jungle green socks
• High Ankle Leather boots
• Camouflage jacket
• Skirt green
412
• Green Jersey
Sergeant (SGT)
Ceremonial Uniform:
• Long tetrax
• Jacket tetrax
• White shirt
• White gloves
• Peak cap APs
• Tie maroon APs
• Swagger cane NCOs black
• Caroline belt
• Whistle metropolitan
• Lanyard maroon
• High Ankle leather boots
• Button chome for AP (Small) 10 No
• Button chome for AP (Large) 4 No
• Jungle green socks
Working Uniform:
• Cap badge metallic (silver)
• Beret black
• Angola shirt
• Long green
• Maroon belt
• Camouflage cap
• Web belt
• Lanyard maroon
• Whistle metropolitan
• Angola blouse (lady officer)
• Ladies military boots
• Ladies shoes
• Jungle green socks
• High Ankle Leather boots
• Camouflage jacket
• Skirt green (For ladies)
• Green Jersey
413
CORPORAL (CPL)
Ceremonial Uniform:
• Long tetrax
• Jacket tetrax
• White shirt
• White gloves
• Peak cap APs
• Tie maroon APs
• Swagger cane NCOs black
• Caroline belt
• Whistle metropolitan
• Lanyard maroon
• High Ankle leather boots
• Button chome for AP (Small) 10 No
• Button chome for AP (Large) 4 No
• Jungle green socks
Working Uniform:
• Cap badge metallic (silver)
• Beret black
• Angola shirt
• Long green
• Maroon belt
• Camouflage cap
• Web belt
• Lanyard maroon
• Whistle metropolitan
• Angola blouse (lady officer)
• Ladies military boots
• Ladies shoes
• Jungle green socks
• High Ankle Leather boots
• Camouflage jacket
• Skirt green
• Green Jersey
414
Administration Police Constable (APC)
Ceremonial Uniform:
• Long tetrax
• Jacket tetrax
• White shirt
• White gloves
• Peak cap APs
• Tie maroon APs
• Swagger cane NCOs black
• Caroline belt
• Whistle metropolitan
• Lanyard maroon
• High Ankle leather boots
• Button chome for AP (Small) 10 No
• Button chome for AP (Large) 4 No
• Jungle green socks
Working Uniform:
• Cap badge metallic (silver)
• Beret black
• Angola shirt
• Long green
• Maroon belt
• Camouflage cap
• Web belt
• Lanyard maroon
• Whistle metropolitan
• Angola blouse (lady officer)
• Ladies military boots
• Ladies shoes
• Jungle green socks
• High Ankle Leather boots
• Camouflage jacket
• Skirt green
• Green Jersey
415
APPENDIX (ff) —ADMINISTRATION POLICE DRESS
REGULATIONS
1. (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
Appendix.
(2) The Administration Police Service Badge Diagram is as
follows—
Diagram 31 (ff)
416
ceremonial dress:
• white shirt;
• maroon tie;
• peaked cap or turban for Sikh or ‘Akorino’ officers;
• brown shoes for Gazetted Officers;
• black shoes for Members of Inspectorate; and
• sam brown belt, with brace ( frog optional).
(b) Members of other ranks—their respective ceremonial dress with
medals.
(2) It is essential that when Administration Police officers are
assembled in any place or at any function, they should be dressed
uniformly in accordance with the order of dress applicable to the event.
(3) No Administration Police officer may wear their 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 should not be visible when carried in the
pockets of the uniforms.
5. (1) Male Administration Police officers giving evidence in court
will 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, will 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,
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 regulations.
(2) No badges will be worn with fawn Coats.
417
9. The Senior N.C.O. on duty at a 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) No article of the police uniform will 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 will be the subject of an immediate inquiry and, if necessary,
action will be taken.
(5) Loss of Certificate of Appointment will be subject of thorough
investigation and the completed inquiry file shall be submitted to the
County/Unit Commander for further instructions.
(6) Members of other ranks proceeding on transfer will take with
them their full issue of police uniform and equipment,which will 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 will 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 will
be stored and will be examined and cleaned at intervals.
(9) All items of police uniform and equipment will be withdrawn as
and when an officer is interdicted 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 adered to with regard
to the fitting, wearing and upkeep of uniform and equipment—
(a) badges of rank—these shall be affixed to the shoulder flaps with
quarter pins and rings will not be used;
418
(b) bayonet and scabbard—shall be worn on the belt behind the left
hip;
(c) belt—all 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—chevrons shall be sewn on with black thread on the
right sleeve and shall be correctly aligned;
(e) collar goggets—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 centimeters 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 will be retained at
County/Units and unraveled wool be used for repairs; and
(iv) women shall wear jerseys/pullovers made to fit;
419
(i) tunic jacket or Angola shirts—the insignia and badges of rank
to be worn with shirts shall be as described in subparagraph (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 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 subparagraph (k)(i);
(l) matchet and scabbard—shall be worn on the belt behind the
right hip, cutting edge to the rear;
(m) medal brooches and ribbons—
(i) tunic/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, officers of
other ranks when walking out in uniform, but not when
carrying fire-arms or batons; and
(ii) officers of other 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 officers shall set an example to officers of other ranks by
ensuring that their own turn-out is impeccable.
(2) These Regulations shall be strictly enforced to ensure a smart
and correct turn-out by all ranks.
420
APPENDIX 31(gg)— NATIONAL POLICE SERVICE BADGES OF
RANK AND INSIGNIA
S/No. Rank Insignia Description
Shoulder Badge: Crossed
1. Inspector scimitar sword and
General swagger cane surrounded
by a laurel wreath,
surmounted by two lion
badges.
Gorget Patches: Red
velvet, 4 cm wide and 9.5
cm long pointed at the top
with one vertical row of
three gold embroidered
oak leaves (without
acorn), small golden
Service button 2 cm. from
point of the patch.
Cap Peak: Two rows of
twisted oak leaf gold lace.
Lanyard: National Police
Service colours.
Aiguillettes: Gold
coloured aiguillettes when
wearing cereminial dress.
The name ‘National
Police Service’ is
inscribed at the base of
the cloth badge.
Shoulder Badge: Crossed
2. Deputy scimitar sword and
Inspector swagger cane surrounded
General by a laurel wreath,
surmounted by a military
pattern star and a lion
badge.
421
Gorget Patches: Black/
maroon velvet, 4 cm wide
and 9.5 cm long pointed
at the top with one
vertical row of three
silver embroidered oak
leaves (without acorn). A
small silver/gold Service
button 2 cm. from point
of the patch.
Cap Peak: Two rows of
twisted oak leaf
silver/golden lace.
Lanyard: Respective
Service colours.
Aiguillettes: Silver/gold
coloured aiguillettes when
wearing cereminial dress.
The name of the
respective service is
inscribed at the base of
the cloth badge.
Shoulder Badge: A
3. Senior crossed scimitar sword
Assistant and a swagger cane
Inspector surrounded by a laurel
General wreath surmounted by a
lion badge.
Gorget Patches: Black/
maroon velvet, 4cm wide
and 9.5 cm long pointed
at the top with one
vertical row of three
silver/golden embroided
oak leaves (without
acorn). A small silver/
golden service button
2cm from point of patch.
422
Cap peak: Two rows of
twisted oak leaf
silver/golden lace
Lanyard: Respective
service colours.
Aiguillettes: Silver/gold
coloured aiguillettes when
wearing cereminial dress.
The name of the
respective service is
inscribed at the base of
the cloth badge.
Shoulder Badge: A
4. Assistant crossed scimitar sword
Inspector and a swagger cane
General surrounded by a laurel
wreath surmounted by
two millitary patern stars.
Gorget Patches: Black/
maroon velvet, 4cm wide
and 9.5 cm long pointed
at the top with one
vertical row of three
silver/golden ornament of
twisted 2cm silver/golden
braid with a small
silver/gold service button
2cm from point of patch.
Cap peak: One row of
twisted oak leaf
silver/golden lace.
Lanyard: Respective
service colours.
423
Shoulder Badges: Two
5 Commisioner crossed spears surrounded
by a laurel wreath
surmounted by one
military pattern star.
Gorget Patches: Black/
maroon Velvet, 4cm wide
and 7.5 cm long pointed
at the top with one
vertical strip of
silver/golden cord, with a
small silver/gold service
button 2cm from the point
of patch.
Cap Peak: One row of
twisted oak leaf
silver/golden lace.
Lanyard: Respective
Service colours.
The name of the
respective service is
inscribed at the base of
the cloth badge.
Shoulder Badge: Two
6. Senior military pattern stars
Superitentent surmounted by a lion
badge.
Gorget Patches: Black/
maroon velvet 4cm wide
and 7.5 cm long, pointed
at the top with one
vertical strip of
silver/gold cord, with a
small service button 2cm
from the point of patch.
Cap Peak: 1.5 cm silver
embroidery edged with
silver/gold cord.
424
Lanyard: Respective
Service colours.
The name of the
respective service is
inscribed at the base of
the cloth badge.
Shoulder Badge:One
7. Superitendent military pattern star
of Police surmounted by a lion
badge.
Cap peak: 1.5 cm silver
embroidery edged with
silver/gold cord.
Lanyard: Respective
Service colours.
The name of the
respective service is
inscribed at the base of
the cloth badge.
Shoulder badge: A lion
8. Assistant badge surrounded by a
Superitendent laurel wreath.
Cap Peak – Plain.
Lanyard: Respective
Service colours.
The name of the
respective service is
inscribed at the base of
the cloth badge.
When wearing ceremonial
dress, a silver/gold collar
badge (collar dog) which
is a lion with a scroll
below inscribed the
respective Service names
(Administration
Police/Kenya Police)
425
worn on black/maroon
background.
Shoulder badge: Three
9. Chief millitary pattern stars.
Inspector Cap Peak – Plain.
Lanyard: Corded navy
blue/maroon/khaki.
The name of the
respective service is
inscribed at the base of
the cloth badge.
When wearing ceremonial
dress, a silver/gold collar
badge (collar dog) which
is a lion with a scroll
below inscribed the
respective Service names
(Administration
Police/Kenya Police)
worn on black/maroon
background.
Shoulder Badge: Two
millitary pattern stars.
426
respective Service names
(Administration Police/
Kenya Police) worn on
black/maroon
background.
Badge:Three bars worsted
11. Senior red chevrons with the
Sergeant Kenya Coat of Armsin
National colours
embroidered on a dark
blue cloth above the
chevrons mounted on a
dark blue/maroon melton
cloth extending 1 cm
larger than the badge.
Cap Peak – Plain.
Lanyard: Navy
blue/maroon/khaki plain.
There shall be no
inscription of the
respective Service names
on the badges.
NOTE: For a NCO in
possession of ‘Operation
Area’ kit, when wearing
Khaki Angola shirts, will
wear chevrons made of
white material.
Badge:Three bars worsted
12. Sergeant red chevrons mounted on
a dark blue/maroon
melton cloth extending 1
cm larger than the badge.
Cap Peak – Plain.
Lanyard: Navy blue/
maroon/khaki plain.
427
There shall be no
inscription of the
respective Service names
on the badges.
Badge:Two barsworsted
13. Corporal red chevrons mounted on
a dark blue/maroon
melton cloth extending 1
cm larger than the badge.
Cap Peak – Plain.
Lanyard: Navy blue/
maroon/khaki plain.
There shall be no
inscription of the
respective Service names
on the badges.
428
APPENDIX 31 (hh)— THE NATIONAL POLICE SERVICE,
DIRECTORATE OF CRIMINAL INVESTIGATIONS AND
INTERNAL AFFAIRS UNIT BADGE
DIAGRAM 31 (hh)
429
(6) In case the destination cannot be reached in one
day, additional officers may be added to the escort.
2. (1) Escorts for prisoners within the Republic Escort to
complete
shall be provided for the whole journey, irrespective of whole journey.
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. When it is necessary to carry out escorts duty Torches for
nights escorts.
during hours of darkness torches shall be provided.
4. Where it is necessary for escorts to make train or Planning of
times for
omnibus connections at any place en-route, care shall be escorts.
taken to ensure that the period between arrival and
departure times is as short as possible.
5. (1) Police escorts shall not be provided for mental Escorts for
mental
patients proceeding to a mental hospital or to a scheduled patients.
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. (1)A female prisoner shall not be escorted by a Escorts for
female
lone male police officer. prisoners.
430
(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. Police officers escorting children shall not – Escorts for
children.
(a) handcuff the prisoner, however, care shall be
taken to ensure they do not escape; or
(b) carry arms.
8. (1) Any officer whose duty is to escort very VIP(Very
Important
important persons in the society shall─ Persons)
protective
(a) ensure the person does not encounter any harm; escorts.
(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;
431
(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. The following guidelines shall be applicable for Consignment
escorts.
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. (1) Police officers handling cash consignments 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;
432
(ii) the lead vehicle has the escort commander
and six armed personnel manning all
directions;
(iii) the rear vehicle which act as a backup has
an NCO and four officers for proper
backup;
(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. Any officer assigned to escort ballot boxes Examination
and ballot
shall─ boxes.
433
(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. (1) An Officer in Charge of a Police Station, Patrol general.
434
(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. (1) A police patrol car in urban areas shall carry Motorized
patrol in urban
a crew of at least four police officers including the areas.
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
435
(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;
436
(b) a spot-light;
(c) a dash-board light-removable;
(d) a spare wheel;
(e) a standard tool se;
(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. A Patrol officer shall─ Patrol officers’
responsibilities
and guidance.
(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;
437
(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. The following guidance and considerations shall Guidance on
beats.
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,
438
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. (1)Rural stations shall be divided into patrol Patrol areas in
rural station.
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. (1) To ensure the success of patrols police Notes to guide
patrol in rural
officers shall consider─ areas.
439
(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. Patrol teams shall not consistently follow the Patrols-
element of
same routes, further, motor transport should be used as surprise.
much as possible to conduct their patrols or as a base
from which the patrol teams operate.
20. (1) A patrol team returning to its headquarters De-briefing.
440
(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. All County and Formation Commanders shall Night rounds.
441
CHAPTER 33—EVIDENCE AND PROPERTY
(EXHIBITS, LOST AND FOUND PROPERTY)
1. A police officer shall handle evidence and Handling of
evidence and
property seized, recovered, abandoned, lost, found or property.
otherwise in the possession of the Service according to
these Orders and any other guidelines as may be issued
by the Service.
2. (1) Exhibits shall be marked clearly. Marking or
labeling of
(2) The marking under paragraph (1) shall not make exhibits.
442
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. (1)The respective Deputy Inspector General Disposal of
exhibits
and the Director, Directorate of Criminal Investigation (Narcotic and
shall designate a police officer not below the rank of Psychotropic
Substances).
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.
443
(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. (1) Police officers shall always respect the General
provision on
property of others and shall protect the value and evidence.
usefulness of the property of others in the custody of the
Service.
444
(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.
(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. A member of the Service shall not convert any Guidelines.
445
CHAPTER 34: EXAMINATIONS AND
PROMOTIONS
1. (1)The commission shall determine all Promotions
generally.
promotions within the serviceupon 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. (1) Promotions shall be determined— Determination
of promotions.
(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. (1)The Commission or the Inspector General may Criteria of
promotions.
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.
446
(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. (1) Service Promotion Boards provided under Service
promotion
paragraph (11) shall on behalf of the Inspector General boards.
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. (1) Promotion shall commence on a written Actual
promotion.
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 subparagraph (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.
447
6. (1) Upon approval of a promotion of a police Approval of
promotions.
officer by the Commission, the promotion may take
effect on—
(a) a current date; or
(b) subject to sub paragraph (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. (1) In every selection process for promotion of Security
vetting for
police officers to the rank of Inspector and above, up to inspectors and
and including Senior Superintendent, the National Police above rank of
inspector.
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. (1) The Service and the Commission shall within Performance
evaluation and
six months from coming into force of these Standing approval.
Orders establish performance appraisal systems in the
Service which shall be regular and mandatory.
448
(2) The Commission shall, in determining the
suitability of a police officer for promotion, take into
account the appraisals of the officer.
9. (1) The provision of these Standing Orders on Applying for a
position that
principles applicable and procedure for applications for entails
recruitment shall, with necessary modifications apply to promotion.
449
(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. The Inspector General in this Orders has Service
Promotion
established boards to be known as Service promotional Boards.
boards to advice the commissionon 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 promotionof any officer
14. (1) The following shall constitute members of
the promotion selection boards in the Service—
450
(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;
451
(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/I AU 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:
452
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.
(i) 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.
453
15. (1) The examination requirements for various Examination
requirements.
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 table contains details of various examinations,
time limit during which the examinations should be
passed and penalties liable to be incurred if not passed
within the stipulated period.
(b) Table II
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;
(b) Criminal Procedure Code;
(c) Evidence Act;
(d) any other Acts of Parliament relevant to police
duties; and
(e) station administration and police practical
work.
16. The following persons shall be eligible to sit for Eligibility for
police law
the Police Law Examination— examinations.
454
(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 sub
paragraph (1) shall be taken by such officers as final
examinations.
18. (1) The technical subjects for police Police Service
technical
examinations shall inmclude the following— subjects.
455
and to take advantage of early training courses and
promotion courses.
20. (1) The Inspector General may exempt a police Exemptions
from police
officer from taking Police Law Examination and law
Gazetted Officers Examination, upon an application examination
and Gazetted
made by such officer in the prescribed format and if the Officer
Inspector General is satisfied that such officer has passed Examination.
456
published in County, Formation, Unit or Station Weekly
Orders.
24. (1) Tables I to III or appendix 34 (a) shall Application to
sit for an
provide the examinations which a police officer may Examination
apply for and the penalties for discreditable failures for and penalty for
discreditable
examination. failure.
457
Appendix 34(a)— SYLLABI FOR ALL EXAMINATIONS OF THE NATIONAL POLICE SERVICE
Examination and Promotion
TABLE I
A B C D E
Period allowed Nature of penalty liable to be
Rank of officers required or Qualifications bestowed by before penalty imposed on expiry of period shown
Examination imposed for
permitted to Sit examination. examination.
in column D.
failing to qualify.
A officer shall not sit for Police Law
1.Service Qualifies officer to sit for the Examination until he or she has
English Constables. Police Law examination. No time limit. either; (a) passed the Service English
Examination Examination; or (b) been granted
exemption there from (see table II)
(i) No penalty for Junior officers.
(i) Qualifies for consideration
for promotion to the rank (ii)(a) Officer cannot be confirmed
(i) Junior officers who— of Inspector. and, his/her probationary
(a) have passed or been (ii) Qualifies for appointment may ultimately be,
exempted from the Service consideration for terminated
confirmation in the (i) No time limit,
English Examination; and (ii) 2 years
permanent and (b) Incremental penalty.
(b) have been confirmed in pensionable’
2.Police Law
Examination their appointment, establishment. (iii) 2 years
(ii) Inspectorate on direct (c) Further promotions deferred.
(iii) Qualifies for
appointment to the Service. consideration for
(iv) 2 years. (iii)(a) Incremental penalty.
increment.
(iii) Inspectors on transfer from (iv) Qualifies for
other Services. consideration for (b) Further promotion deferred.
promotion to the
substantive rank of (iv) Reversion to substantive rank or
Inspector. termination of service in public
interest.
458
(i) Qualities for (i) (a) Reversion to Substantive rank.
(i) Assistant Superintendents of consideration for (b) Termination of service in public
3. The Gazetted Police who have been promotion to the (i) 2 years interest.
Officers’ appointed by the national substantive rank of (ii)2 years
Examination. Police Service Commission Superintendent, (ii) (a) Incremental penalty.
(ii) Superintendent of Police (on (ii) Qualifies for (b) Further promotion deferred.
transfer from another Service). increment and/or (c) Termination of appointment in
promotion. public interest.
(i) Qualities for
consideration
(i) Junior officers who:- for promotion to the
rank of
(a) have passed or been
exempted from the Service Inspector within the (i) No penalty for Junior officers.
4. Transport Transport Branch. (ii) Reversion to substantive rank or
English Examination. (i) No time limit.
Inspectorate. termination of service in public
(ii) Qualifies for (ii) 2 years. interest.
(b) are established drivers. consideration for
(c) have been confirmed in their promotion to
appointment, . substantive rank of
Inspector within
Transport Branch.
(i) Junior officers who:-
(a) Passed or been exempted from (i) Qualifies for
the Service English consideration for
Examination. promotion to the (i) No penalty for Junior Officer.
(i) No time limit.
5. Communications (b) passed the appropriate rank of inspector (ii) Reversion to substantive rank or
(ii) 2 years.
Inspectorate. Communications within termination of service in public
examination and been Communications interest.
confirmed in their Branch.
appointment.
(c) Acting Inspectors.
459
TABLE II
A B D E F G H I J
Subjects & NO. of Maximu Pass Public
Examination Venue Set by Marked by Exemption
timing questions m marks marks ation
Officers in
possession
APRIL-
of KSCE or
1. Service DECEMBER
KCE with a
English .
pass in
Examination Dictation 30
As declared County English
mm RESPECTIVE RESPECTIVE
by County 8 questions 100 55 /Unit language.
Grammar 45, COLLEGES COLLEGES
/Unit Weekly Graduate
mm
Commanders. Orders. from
Comprehensi
recognized
on 45niin
universities
Composition.
Law
lhr
graduates.
February and
August (a)
Penal code. 8 questions
As declared Count/
2. Police per paper.
by County (b) Criminal 100 per 55% RESPECTIVE RESPECTIVE Unit
Law Candidate See para 2
/Unit Procedure paper. per COLLEGES COLLEGES Weekly
Examination to answer (a) above.
commander. Code, 2009. paper Orders.
5.
(c) Evidence
Act, 2009.
(d) Station
460
Administratio
n and
Practical
Work.
(e) Local
Acts.
3. The MAY AND
Gazetted NOVEMBER
officers. 1st day
(i) Service
Administration Results
(ii) Financial shall be
Accounting. notified
4.
(iii) Stores to
Examinatio. 55%
Kenya Police Accounting. 100 per RESPECTIVE RESPECTIVE County/ See para 2
5 questions per
College paper COLLEGES COLLEGES Unit (a) above.
paper
2nd day. Heads by
(i) Service
Administration Headqua
of Law. rters.
(ii)
Appreciation
Organization
and Planning
461
TABLE II CONTINUED
A B C D E F G H I J
Subjects & NO. of Maximum Pass
Examination Venue Set by Marked by Publication Exemption
timing questions marks marks
FEBRUARY 8 questions, two
AND compulsory.
AUGUST Candidates to
answer any 3
1. Technical
out of the
Principals.
remaining 6. By a Board
4.Transport Service 2. Station Same as for to be
Inspectorate Headquarters Administration 100 55 CTO
G.D.I.P. nominated
examination. Nairobi. and Practical 8 questions, 2 by CTO.
work. compulsory and
3. Movement candidates to
of vehicles and answer any 3
related out of the
matters. remaining 6.
462
TABLE Ill -CONSTABLE TO CORPORAL AND CORPORAL TO SERGEANT.
Departmental
Personnel County Selection Headquarters Selection Promotion
Recommendations
Having received an
allocation of courses
To be sent to Commandant On the conclusion of the
vacancies from Service
Kenya Police College on course the headquarters
Headquarters, County/Unit
form P.137 together with Service promotion board
(i) General duties, DCI, Commander, after Promotion by
copy of minutes of shall examine candidates’
Transport, Communications, obtaining the advice of the Inspector-
County/Unit Promotion course reports and submit
GSU & Police Band. County/Unit Board, shall General.
Board. recommendation to the
select suitable candidates
Inspector-General.
to attend the appropriate
promotional course at the
Kenya Police College.
Examination of Board’s
minutes, candidate’s record
Departmental Head to and other relevant material
forward recommendation to and recommendations to the
Recommendations by Service Headquarters, Inspector-General by
(ii) CID, PCIO, PTO, co to be together with the candidate’s Headquarters Service Promotion by
Transport and submitted to the Sub-County personal File promotion board. Note:-In Inspector-
Communications. Departmental Head who and Service Register and the view of Possibility of General.
shall hold Promotion Board original minutes of the transfer to general duties, it
from those nominated. Board. is desirable that candidates
should attend appropriate
course at K.P.C. before
qualifying for promotion.
463
TABLE V- SUBORDINATE TO INSPECTOR
Personnel County Departmental Course Reports Board Interview Promotion
Recommendations to be sent
(a) Having passed all subjects in to K.P.C. on P.137 together
the Police Law Examination with a copy of County Interview by Headquarters
Promotion by
(b) Having passed aptitude test Promotion Board minutes. Service promotion board at
Inspector-General.
(i) General Duties at appropriate level. Course Reports and the Police
and D.C.I (c) Having passed County/Unit recommendations by College, S.O. (A) 3 Service
promotion Board, selected Commandant together with Headquarters to act as
candidates to attend promotion County/Unit Commanders’ Secretary.
course at K.P.C report to Headquarters Service
promotion board.
Recommendation by
Interview by Headquarters Promotion by
(ii) Band Presidential Escort Commander Recommendation on P.174
Service promotion board. Inspector-General.
to Service Headquarters.
Unit Board to select suitable
candidates to attend promotion Interview by Headquarters
(iii) General
course at the Units Training Course report together with Service promotion board. Promotion by
Service Unit
School. Shall have passed Commandant’s Service S.O.(A)3, Service Inspector-General.
(G.S.U)
aptitude test at required level promotion board. Headquarters to act as .
.
and all subjects in Police Law secretary.
Examination.
464
TABLE V (CONTINUED)
(a)Having passed all
subjects in the requisite
(iv) Transport and specialist Police Law
Communications Examination. (b)
Having passed the
aptitude test at
appropriate level. (c) Specialist course or K.P.C
Recommendation from
course reports and
County /Unit commander Interview by Headquarters’
recommendations on P.174 by
to CTO/CCO. Chief service promotion board.
CTO/CCO to Headquarters Promotion by Inspector-
Transport or Chief SO (A) 3, Service
Service promotion board General.
Communications Officer Headquarters to act as
together with minutes of Unit
recommends to Service secretary.
Promotion Board.
Headquarters. Note: In
view of possibility of
transfer to general duties,
it is desirable that
candidates should attend
a S.O.LP course at K.P.C
before qualifying for
County Board.
465
TABLE VI -INSPECTOR TO CHIEF INSPECTOR
County/Departmental
Personnel Reports Required. Board Interview Promotion
Recommendations.
Form P.174 (seven
Recommendation by
(i) General duties copies) together with Interview by Headquarters Service
County or Unit Promotion by Inspector-
(including K.P.C minutes of promotion board. S.O (P) 3 to act as
Commander to Service General.
and G.S.U) County/Unit Secretary.
Headquarters.
Promotion Board.
Recommendation by
Departmental Heads to
Service Headquarters.
(Recommendations in
Form P.174 (seven
(ii) D.C.I, respect of officers Interview by Headquarters Service
copies) together with
Transport and serving in Counties/Units promotion board with the Head of the
minutes of
Communications. shall be forwarded to specialist Branch in attendance. S.O.
County/Unit
- Departmental Heads (P) 3 to act as Secretary.
Promotion Board..
through County or Unit
Commanders who shall
endorse their own
recommendations.
Interview by Headquarters Service
Recommendation by
Form P.174 (seven promotion board with Prescort Promotion by Inspector-
(iii) Band. Prescott Commander to
copies) Commander in attendance. S.O. (P) 3 to General.
Service Headquarters.
act as Secretary.
466
TABLE VII
INSPECTORATE –GAZETTED OFFICER
Personnel County/Departmental Interview Course Reports Public Service Promotion
Recommendation Commission Interview
(i) Recommendation by Interview by Supervisory
A Interview by National The Public Service
II officers County or Unit headquarters course/K.P.C/Overseas Police Service Commission approves
including Commander to Service promotion course reports and Commission promotion subject to the
Specialists Headquarters from Board to recommendation by candidate.
those who have select Commandant a)
attended supervisory suitable respective colleges to assessing the Gazetted
course or overseas or candidate for Inspector-General for Officers examination; and
who are academically further submission to the b)
or otherwise training at the National Police giving satisfactory services
considered suitable K.P.C Service Commission as acting Superintendent.
(seven copies of p.7
and pen pictures in
respect of each
candidate signed by
the County/Unit
Commander personally
required)
Recommendation by
County/Heads of
Department in respect
of their staff shall be
sent to Departmental
Head through the
County /Unit
467
Commander for
endorsement and
submission by
Departmental Head to
Service Head.
(ii) Nursing staff Promotion of the staff employed at the Utumishi Hospital shall be subjected to the candidate passing the requisite
examination qualifying for advancement and shall be by the Inspector-General or Service Commission as the case may be.
Views of the Medical officer of the hospital shall be taken into consideration
Unit Bard to select Recommendation by Director
suitable candidates to General Service Unit to Service Examination of Board’s minutes
attend appropriate Headquarters together with candidate’s record and other relevant Promotion by
(iii) G.S.U. promotion course at appropriate promotional course material and recommendation to the Inspector-General of
the Unit Training report and original Board Inspector-General by Headquarters Police.
School. minutes, Personal Files Service promotion board.
Registers.
Presidential Escort Recommendation by Prescott
Unit to select suitable Commander or Commandant Examination of candidate’s record
candidate to attend NPSC in respect of Corps of and other relevant material and Promotion by
(iv) Band appropriate promotion Drums to Service Headquarters recommendation to the Inspector- Inspector-General of
courses at together with the candidates’ General by Headquarters Service Police.
NPSC. Sub-County Personal File and promotion board.
Service Register.
468
26. The Administrative Police Service shall Administration
Police service
administer examinations to the Administrative police training and
officers and such examinations shall be reviewed from examinations.
469
(c) Middle level officers, leadership, command and
control examination;
(d) General policing laws; and
(e) Gazette Senior officers leadership and
management examination
30. Every police trainee shall be expected to register Attendance and
course
for training at approved police training institutions and requirements.
attend the requisite course seminar for a period determined
by the Deputy Inspector General Administration Police
Service.
31. (1) Every police trainee shall undertake a Research
project work.
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. (1) The Administration Police Service shall Examination
and award of
assess, examine, promote and award certificates to police certificates.
470
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.
471
(ii) The results of the police training examination
shall as a whole be issued in five classes and
published in the weekly order.
33. (1) The training institutions responsible for Effective
teaching
training administrative police trainees shall adopt teaching methods.
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. (1) Upon completion of the basic training course, Certification.
472
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.
473
APPENDIX 34 (b)—NATIONAL POLICE SERVICE RULES FOR
THE CONDUCT OF EXAMINATION
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 sub
paragraph(a).
6. County or Formation Commanders shall arrange for the
examination to be held at convenient centres within the County or
Formations
474
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 sub paragraph (3) shall apply to all papers
submitted by him/her in respect of that particular examination and carries
475
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 subparagraoh (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
476
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 sub paragraph
(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.
477
(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 l0.30a.m. 2.30p.m
3. Evidence Act 2.00p.m 4.00p.m.
DAY TWO
1. Local Acts 8.00a.m. l0.00a.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.
478
(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.
479
APPENDIX 34 (c)— KENYA POLICE SERVICE RULES FOR THE
CONDUCT OF THE SERVICE ENGLISH EXAMINATION
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
480
(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.
481
APPENDIX 34 (d)—FORM OF APPLICATION FOR CANDIDATES TO
SIT THE EXAMINATION- KENYA POLICE SERVICE
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”.
CERTIFICATE OF SUB-COUNTY COMMANDER
(All examination except G.O’s)
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.
482
(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.
483
APPENDIX 34 (e)—EXAMINATION CERTIFICATE OF THE
INVIGILATING OFFICER- KENYA POLICE SERVICE
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.
484
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 …………………………………..…….
485
APPENDIX 34 (f)—SYLLABUS SERVICE ENGLISH
EXAMINATION – KENYA POLICE SERVICE
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,
486
(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 K.l.E
for Kenya Secondary Schools
(Books 1 —4)
(b) Revision English Grammar H.P.Shalliams Heinman
for Secondary Schools.
487
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.
488
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 2 ½ 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
489
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.
490
(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 (8questions, candidates to answer 5)
Police Act,
Scrap metal Act,
Motor vehicle components Act,
Firearms Act,
Traffic Act and allied Acts,
Liquor licensing Acts,
Public order Act,
Fire inquiry Act,
Kenya Wildlife Act,
Prevention of corruption Act.
Time allowed 2hrs.
(2) Transport Inspectorate Examination
(Candidates for this examination shall be established drivers)
491
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.
Time allowed 2hrs.
(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,
(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).
492
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
Time allowed 2 hrs.
(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,
493
Basic concept of a single side band.
Time allowed 2 hrs.
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
orher 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
494
(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.
495
APPENDIX 34(g)—SYLLABUS SOURCE ADMINISTRATION
POLICE ENGLISH EXAMINATION
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.
496
(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,
497
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,
498
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.
499
(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.
500
(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 prerequisite 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.
501
APPENDIX 34(H)— FORM OF APPLICATION FOR CANDIDATES TO
SIT THE ADMINISTRATION POLICE SERVICE EXAMINATION
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”.
502
(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.
503
APPENDIX 34(i)— RULES FOR THE CONDUCT OF
ADMINISTRATION POLICE ENGLISH EXAMINATION
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
504
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.
505
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.
506
APPENDIX 34(j)— ADMINISTRATION POLICE EXAMINATION
CERTIFICATE OF THE INVIGILATING OFFICER
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).
Index Number 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 ……………………………..……………………….….……………
507
CHAPTER 35— EXTRADITION OF OFFENDERS
1. The Extradition of a fugitive, who has taken Fugitive
criminal.
refuge in a foreign or Commonwealth country shall be
governed by the Extradition (Commonwealth Countries)
Act (Cap76) and the Extradition (Contiguous and
Foreign countries) Act (Cap 77).
2. (1) Foreign countries with which Kenya has Reciprocal
arrangement.
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. (1) Where a fugitive is to be extradited from a Extradition
from foreign
foreign country to Kenya the following procedure shall country.
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
508
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
509
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 non-political
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 subparagraph
(h) above would normally be admitted as valid
evidence.
4. (1) The arrest of fugitives in Kenya shall follow Arrest of
fugitives
this procedure— believed to be
in Kenya.
(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
510
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. A warrant of surrender shall be produced in Warrant of
surrender.
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
511
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. The provisions of Extradition (Commonwealth Extradition
from
Countries) Act shall apply to procedures for the Commonwealth
extradition of persons who have committed or have been country.
Cap. 76.
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. In all cases in which extradition is sought for a Backing of
warrant of
person who is accused or convicted on an offence under arrest.
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 Cap. 76.
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. (1) The authenticated warrant shall be returned to Execution of
authenticated
the station or formation Commander, through the warrant.
authorized channels, and the investigation officer shall
take all necessary measures to arrange for the
512
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. (1) A person who is accused or convicted of an Return of
person to
offence under the Laws of Kenya, who has been arrested Kenya.
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 sub paragraph (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. Where a person accused of an offence under Acquitted
person to be
the law of Kenya is returned to Kenya from the provided
requesting country, the Director of Public Prosecutions transport.
513
(Commonwealth Countries) Act applies.
12. (1) A person who is accused or convicted of an Restrictions on
charges.
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. (1) Where a wanted person is residing in Arrest of a
wanted person
Uganda, the police there are authorized, under the in Uganda.
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.
514
APPENDIX 35 (a): FOREIGN COUNTRIES TO WHICH PART II OF THE
EXTRADITION ACT, CAP. 76 LAWS OF KENYA APPLIES
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. 2 10/69
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. 5 1/70
515
CHAPTER 36: FLEET MANAGEMENT
1. There is established the Fleet Management Establishment
of the Board.
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. The fleet management Board established Functions of the
Board.
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. The Service and the Directorate of Criminal Transport
department.
Investigations shall each have a transport department
headed by the respective Chief of Transport.
4. The formulation and implementation of the Implementation
of the Service
Fleet Management Order shall be the responsibility of Transport
the Deputy Inspectors-General and the Director, Order.
516
(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. (1) A reserve vehicle shall be listed on a Reserve
vehicles.
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. The respective Deputy Inspector-General or Transport
officers.
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
517
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. (1) A county and sub-county transport officer Responsibilities
of other
shall be answerable to the County Commander for all transport
matters affecting the efficiency of the police transport officers.
518
(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. For the purpose of these Orders, the "Officer- Responsibility
over vehicles.
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. When disposing of vehicles— Fleet disposal.
519
12. (1) A vehicle shall be hired for police use, Hire.
520
(3) Where a police vehicle has radio equipment Cap. 403.
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.
(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.
521
(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. (1) An animal on charge to the respective Carriage of
animal or
Service shall be transported in the police animal livestock.
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
522
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
523
possibly cause undue discomfort or injury to the
animals, then they shall be unloaded and walked while
the vehicle carries on independently.
18. (1) Where a vehicle is left unattended, the Safety of police
vehicles.
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. (1) A person known to be suffering from an Infectious or
contagious
infectious or contagious disease shall not be carried in a disease.
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. (1) Mileage or kilometers shall be controlled, Mileage or
kilometers.
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. (1) A police breakdown vehicle shall only be Police
breakdown
used to tow or recover civilian vehicles, when it is vehicles.
necessary—
524
(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. An employee in a department shall, while Safety belts.
525
maximum visibility of the departmental vehicle shall
contribute to increased safety of that vehicle regardless
of the lighting conditions existing.
24. The transfer of established drivers shall be in Transfer of
drivers.
accordance with the Transfer Order of the National
Police Service Standing Orders.
25. Promotion within the transport branch shall be Promotion of
transport
in accordance with the provisions of examinations and personnel.
promotions order in the Service Standing Orders.
26. (1) A drivers’ records shall include cards and Drivers’
records.
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. (1) A police vehicle shall not be driven by any Driving
Restrictions.
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
526
(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. (1) A police drivers’ permits shall be issued Police drivers’
permits
by the Chief Transport Officer. revocation or
suspension.
(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. A driver may be ranked as— Classification of
drivers.
(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;
527
(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;
528
(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. Where it is considered that a driver shall be Driver
upgrading
upgraded, the following procedure shall apply— procedure.
529
(i) selection shall be done by the county
transport officer who shall submit
application forms No. P.l55 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. (1) The Chief of Transport, the Service and Training and
testing.
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. A driver who attains the age of thirty five Eyesight tests.
530
eyesight is as per the standard required for driving
duties.
33. (1) A driver shall be downgraded to the next Issues affecting
class.
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,
531
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. (1) The county transport officer may re-test a Re-testing.
532
(2) The proposed punishments shall take effect
upon confirmation by the National Police Service
Commission.
37. A driver of a police vehicle shall, at all times, Standards of
driving and
maintain the highest standard of road conduct and safety measures.
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. (1) Where there is sufficient reason for Police pursuits.
533
reasonable chance of tracing the driver, then pursuit Cap. 403.
534
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. (1) A police vehicle shall not be used unless— Procedures for
recording
(a) the authorizing officer duly signs the work mileage and
usage.
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 work-ticket 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.
535
(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 work-ticket 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 Cap. 403.
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, 2009 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. (1) The details of petrol and oil drawn shall be Record of
petrol, oil and
entered on the work ticket. repairs.
536
(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. (1) The county or formation and sub-county Inspection of
work-tickets.
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. On the last day of each month, the mileage or Submission of
monthly log
kilometers, petrol, oil, or kilometers per litre of petrol sheets.
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).
PART IX- RETURNS
45. (1) A vehicle return shall be submitted by the Vehicle returns.
537
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. (1) Where a vehicle is in a workshop Nil returns.
538
PART X-ACCIDENTS INVOLVING POLICE
VEHICLES
49. (1) Where a police vehicle is involved in an Reporting by
drivers.
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 sub-paragraph (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;
Cap. 403.
(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, 2009.
50. A county or Formation Commander shall Accident
Registers and
maintain two accident registers and shall contain the Details of
following details— accident
damage to be
recorded.
(a) a register on “accident damage report”, in
respect of accident damage as reported in
Form P81a 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 P81a or P81b 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;
539
(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. (1) Where the cost of repairs to a police Dispensations.
540
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. (1) Where an accident involving a third party Accidents
involving third
occurs, the following measures shall be applied— parties.
541
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. (1) When recommending court action against Court
proceedings.
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;
542
(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.
PART XI—ACCIDENTS INVOLVING POLICE
OFFICERS OR STAFF
55. (1) An accident involving a police vehicle Accidents to be
investigated by
shall be investigated and statements taken by an officer independent
other than the driver or passenger provided that the officer.
543
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. (1) Where damage is extensive or where a Action at scene
of accident.
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. In all cases where severe damage is caused to Details of
accident
a vehicle belonging to a third party, full details of the damaged to be
damage to the civilian vehicle shall be recorded and recorded.
544
PART X— BREAKDOWN ON THE ROAD
61. A driver of a police vehicle that breaks down Procedure in the
event of
on the road shall— breakdown.
545
(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 breaking loose, 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.
546
PART XI—PETROL, DIESEL AND OIL
63. Petrol, diesel and oil shall be obtained from Receipts and
issues.
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. (1) A County or Formation Commander shall Management of
fuel in police
be responsible for the proper use and management of property.
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;
547
(d) the safety procedures in handling of petroleum
products and the training of concerned
personnel thereon; and
(e) all other related matters.
65. An officer-in-charge of a sub-county and a Weekly checks.
548
69. An officer-in-charge of a vehicle and driver Excessive
consumption.
shall report any excessive petrol, diesel or oil
consumption as a defect, unless otherwise established to
be arising from wastage or mischief.
70. A petrol, diesel or oil purchased for police Use in private
vehicles.
purposes shall not be issued to private vehicles.
71. The following measures shall be undertaken to Cleanliness.
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. Records of all returnable containers shall be Petrol and oil
drums.
kept in the petrol, diesel or oil registers where receipts
and returns to the dealer shall also be entered.
PART XII— FIRE PRECAUTIONS
73. Smoking and naked light , including a Risk
management.
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. (1) A vehicle, including a motorcycle, shall be Fire
Precautions.
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.
549
(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. The following fire safety measures shall be Safety
precautions at
taken at every petrol store— petrol stores.
550
(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 firefighting 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.
PART XIII -TOOLS AND EQUIPMENT
77. The following procedures shall be observed Handling of
tools and
when handling tools and equipment— equipment.
551
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;
552
(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—
(i).
“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;
553
(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. (1) A tool shall be issued from M.T stores to a Mechanics’
personal tools.
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 sub-county 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.
554
(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. (1) An item of workshop, plant and equipment 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
555
particular attention be given to lifting hoists and tackle,
air receivers and other potentially hazardous plant and
equipment.
80. (1) A local purchase shall not be made except Local purchase
of small tools
where small tools and consumables of low value may be and
required to address immediate requirements. consumables.
556
held and maintained by county, sub-county or formation
transport officers only, except when otherwise
authorized.
84. (1) The expenditure on police vehicles shall be Local Purchase
Orders.
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.
PART XVI-MAINTENANCE AND REPAIRS
85. An officer to whom the vehicle is on charge Responsibilities.
557
(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-in-charge 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
558
such time that the defects have been satisfactorily
rectified.
87. For purposes of inspection, vehicles may be Classification of
vehicles.
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. (1) A vehicle shall be serviced as directed by Servicing of
vehicles.
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. All repairs shall be carried out in police Repairs.
559
formation Transport Officer for it to be conducted
outside the police workshop.
90. A police vehicle undergoing repairs in a police Authorized test
routes.
workshop shall only be tested on an authorized route
laid down by the County or Formation transport officer.
91. A driver or other person shall not carry out Repairs by
drivers.
repairs or adjustments on a police vehicle other than
those detailed for class I, II and III drivers.
92. Where a defect is detected, the following Action on
discovering a
procedure shall be apply— fault.
560
(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. (1) A full inspection of the bodywork and Monthly
checks.
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. Where a police officer is inspecting a vehicle, Vehicle
inspection.
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;
561
(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.
PART XVII—MOTOR TRANSPORT STORES
96. The instructions for the receiving, accounting Stores
instructions.
and issuing of all types of motor transport stores as set
out in the Consolidated motor transport Stores
Procedure shall apply.
97. The inspection procedure shall not be varied Procedure not to
be varied.
unless authorized by the Chief of Transport, the Service
and the Directorate of Criminal Investigations with the
consent of the procurement department.
PART XVIII—MARINE
98. The Chief of Transport, the Service and the Scope of
Orders.
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. A motor launch shall bear such serial numbers Identification.
562
101. (1) A return shall be submitted, on a monthly Monthly
returns.
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. The Chief of Transport, the Service and the Responsibility
for maintenance
Directorate of Criminal Investigations shall be of launches.
responsible for the maintenance and repair of the
launches.
103. The establishment of crew members shall be Establishment
of crew
provided in the Service establishment. members.
563
106. (1) An officer shall be trained and examined Testing of
personnel.
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.
564
APPENDIX 36 (a)(i)—Identification Disc – KENYA POLICE SERVICE
HEADQUARTERS UNITS
COLOUR CODE COLOUR CODE
ABB ABB
HQ KPC
RES
EM ASTU
RES
FQM
DVG
SCH
TPT AIR
PL WNG
Communications Branch
GV
CU
CB
DVG
EXA Nairobi Province
NBI
VIU
UNI
TRA NBI
565
SERVICE TRANSPORT
ABB ABB
COLOUR CODE COLOUR CODE
General Service Unit. Embu County
GSU EP
EP
GSU RES
RES
Garissa County
Nakuru County
NEP
RVP
NEP
RVP RES
RES
CEN NYZ
CEN NYZ
RES
RES
WES
CST RES
RES
566
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
567
APPENDIX 36 (b): REPORT FORM
TOWING/RECOVERY OF A CIVILIAN
MOTOR VEHICLE BY A POLICE VEHICLE
………………………………….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
568
APPENDIX 36 (c)— PETROL, DIESEL FUEL AND OIL REGISTERS
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.
569
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.
570
APPENDIX 36 (d)— DAILY TASK SYSTEM
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
Springs- clean 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.
571
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,
572
(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:-
573
(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.
ServiceTransport
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 pump- electrical). 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
fittingstighten those that are loose , and report any seen or suspected
defects. .
574
APPENDIX 36 (e)—PROFORMA REPORT
The Service Transport Officer
Service Headquarters
NAIROBI
BULK STORAGE OF PETROL
REPORT OF STORAGE TANK CHECK
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.
575
CHAPTER 37— OPERATION AND MANAGEMENT
OF FORMATION, UNITS AND COMPONENTS
1. (1) There shall be special orders issued by the Special orders.
576
with accredited training institutions, both public and
private, to provide the training and offer recognized
certificates to police officers in accordance with
regulations.
6. Formation, units and components reports and Reports and
Returns.
returns shall be compiled in accordance with Reports
and Returns Order in the National Police Service
Standing Orders.
7. The formation, units and components within Operations
Areas.
the National Police Service may have their operation
areas divided in sectors, circuits, zones, commands,
detachments and squads.
8. The composition of the formation, units and Gender, ethnic
and regional
components shall, as far is reasonably practicable– balance.
577
(2) Police officers shall be removed from office or transfers.
578
(a) a statement of the income and expenditure of
the Formation, Units and Components during
that year; and No.34 of 2015.
(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.
18. (1) The Inspector-General may, by a notice in Formation,
Units and
the Gazette designate formation, unit and component Components
police stations or posts. Police Stations
and 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. A police officer deployed in a formation, unit Powers of
officers
or component shall have powers given by law and apply deployed in the
such powers in execution of functions of the formation, Formation,
Units and
units and components. Components.
579
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. (1) Police officers deployed in the formation, specific
Courses, Credit
units and components may form police association with value for
membership limited to police officers in a formation, Formation,
Units and
units and component. Components.
580
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. (1) It shall be a violation against discipline for Impersonation
of Formation,
police officers not deployed in the formation, units and Units and
components to impersonate specific formation, units and Components
police officers.
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. The regulations governing the deployment of Private use of
Formation,
police officers for private use shall apply to officers Units and
deployed in the formation, units and components Components
police officers.
581
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. (1) Every formation, units and components Temporary lock
up facility.
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. Formation Units and Components police Power to require
attendance.
officers shall have powers to require suspects or other
persons to appear before them in the local police station
or administration police post.
31. Other than for Directorate and the Traffic Serving
summons
department, warrants, summons and other notices shall warrants.
be served through the County Commander and sub
county commanders and the Formation, Units and
Components field Commander can only support.
32. Formation, Units and Components s County Security
Committees.
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. Formation, Units and Components operating County Policing
Authorities.
within a County shall be consulted by the local County No. 11A of
police commanders to give their inputs in giving effect 2011.
582
34. (1) Every Formation, Units and Components, Complaints
against the
in all its deployments, shall maintain a facility to Formation,
receive, record and report complaints against Formation, Units and
Components
Units and Components police misconduct unless they police.
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. (1) Regulating the hours of duty for formation, Working hours
of police
units and components police officers and the keeping officers in the
and signing of records of attendance as contemplated in Formation,
Units and
section 46(2) shall be in accordance with the Components .
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. A lead investigations officer may co-opt and Investigations of
crimes.
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. (1) A formation, unit or component police Custody of
unclaimed
officer shall take charge of all unclaimed property 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 No. 11A of
relevant service Deputy-Inspector General shall any 2011.
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.
38. No matter or thing done by a formation, unit Non liability.
583
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. A formation, unit and component field Power to apply
for Summons,
commander, operating in the County, may, after Warrants and
informing a county police commander, apply for other Legal
Processes.
summons, warrants and any other legal processes No. 11A of
provided for in the National Police Service Act. 2011.
584
43. Communication within and outside the Communication.
585
CHAPTER 38: GENERAL POWERS OF POLICE
OFFICERS
586
(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, No. 11A of 2011.
587
2. (1) A police officer shall have power to compel Power to
compel
attendance of witnesses at police station. attendance of
witnesses at
(2) A police officer may, in writing, require any police station.
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 subparagraph (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.
Cap. 75.
(6) A statement taken in accordance with this No. 16 of
paragraph shall be recorded and signed by the person 2006.
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, the Witness Protection Act, 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.
588
3. (1) A police officer may require bond, as Power to
require bond
security, for attendance of court. 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 sub-paragraph (1)
above commits an offence.
(4) Notwithstanding the foregoing provisions, the Cap. 75.
powers conferred under this paragraph shall be exercised
in strict accordance with the Criminal Procedure Code.
4. (1) A police officer shall take photographs, Power to take
photographs,
fingerprints and forensic evidence. fingerprints
and forensic
(2) A magistrate or a police officer and any other evidence.
person appointed to give certificates under section 142(2) Cap. 75,
of the Criminal Procedure Code, 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, palm-prints, 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, finger-prints 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 sub-paragraph (1) above, if a person
is not charged with an offence punishable by
imprisonment or is discharged or acquitted by a court,
589
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
finger-prints and other forensic evidence to be taken
under this paragraph commits an offence.
(7) Upon conviction under sub-paragraph (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. (1) A police officer may stop and detain any Detention.
590
(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 sub
paragraph (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. (1) Subject to Article 49 of the Constitution a Power to arrest
without a
police officer may without a warrant, arrest a person— warrant.
(a) who is accused of committing an aggravated
assault in any case in which the police officer
591
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. (1) A police officer may enter premises if he or Power to enter
premises in
she believes on reasonable grounds that – emergencies.
592
9. An arrest by a police officer, whether with or Arrests and
detentions by
without a warrant, shall be subject to the rules contained Police. No.
in the Fifth Schedule of the National Police Service Act, 11A of 2011.
with respect to arrest and detention
10. (1) A police officer may conduct a search Power to
search without
without warrant– warrant in
special
(a) when a police officer-in-charge of a police circumstances.
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 Cap. 75.
any place and that the delay occasioned by
obtaining a search warrant under section118 of
the Criminal Procedure Code;
Cap. 75.
(b) when in his or her opinion section 118 of the
Criminal Procedure Code, 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 Cap. 75.
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, 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 sub paragraph (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.
593
11. (1) Subject to sub paragraph (2), a police Power to use
firearms.
officer shall perform the functions and exercise the
powers conferred by the Constitution and the National No.11A of
2011.
Police Service Act, 2010, by use of non-violent means.
(2) Despite sub paragraph (1), a police officer may No.11A of
use force and firearms in accordance with the rules on 2011.
the use of force and firearms contained in the Sixth
Schedule of the National Police Service Act 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. Subject to National Police Service Act, 2011, Power to apply
summons.
or any other written law, a Police Officer may apply No.11A of
before a subordinate court for summons, warrant or other 2011.
legal process.
13. Notwithstanding the provisions of any other Power to erect
barriers.
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
594
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. (1) The general powers of police officers as Limitations of
police officers
provided for in these Standing Orders shall only be powers.
limited by the express provision of the Constitution, the No.11A of
2011.
National Police Service Act, 2011 or any other existing
law.
(2) All police officers shall observe the provisions
of the 5th and the 6th Schedules of the National police Act,
2011.
595
CHAPTER 39: GOVERNMENT FINANCIAL
REGULATION AND PROCEDURES
1. (1) The accounting systems described herein Introduction.
596
(2) The National Treasury has the responsibility for
management, supervision, control and direction of all
matters relating to the financial affairs of Kenya. Cap.412.
597
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 sub paragraph (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
598
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. These expenditures are only on voted services and Expenditures
Limited by
no expenditure for which no provision has been provided Estimates.
may be incurred.
7. (1) Expenditure can only be charged to a vote if it Chargeable
Expenditure.
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. (1) An officer shall not authorize vouchers for Vouchers.
599
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 receiptS 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. Government expenditures shall be classified Classification
of
into— Expenditure.
600
(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. (1) An officer shall not spend or commit Vote Control
Procedures.
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.
601
(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. (1) In addition to paragraph 9, a public officer Essential vote
control
who holds any post involving, in any degree, the procedures.
management of public funds, and in particular an officer
602
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
603
(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. (1) Sums collected must not be used to meet Revenue
Collection.
expenditure or used to augment a standing or personal
imprest.
(2) Collections must be remitted to Sub-County
Treasury weekly.
(3) Notwithstanding subparagraph (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.
604
(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 sub paragraph (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.
605
(14) The quarterly report prepared under sub
paragraph (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 sub-
paragraph (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 sub paragraph (13)
shall be submitted to the National Treasury with a copy
made to the Auditor-General.
14. (1) Only one Miscellaneous Receipt Book shall Miscellaneous
Receipts.
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.
606
(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
607
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
sub paragraph (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 sub paragraph (19) must
sign a certificate of destruction certifying that they have
608
destroyed by burning all the receipt books shown on the
list.
(24) The original of the certificate under sub
paragraph (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. (1) Expenditure commitments for goods and Receipts of
Goods and
services shall be controlled against spending and Services.
procurement plans approved by the responsible
accounting officer, based on allocations and allotments
from approved budgets. No. 33 of
2015.
(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 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. (1) A local purchase order or local service order Receipt of
goods and
shall be valid for a period of thirty days from the date of services
issue. beyond the
stipulated
period.
(2) A public officer who receives goods or services
beyond the stipulated period specified in sub paragraph No. 18 of
2012.
(1) commits an offence under the Public Finance
Management Act.
(3) A public officer involved in the processing of a
payment with regard to goods or services delivered after
609
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 Act.
17. (1) Except as provided for in the Public Finance Unauthorised
spending.
Management Act 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. (1) An imprest warrant shall be issued if it is Imprest
warrant.
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. (1) Pursuant to regulations 91, 92, 93 and 94 of Managing
Imprest
the Public Finance Management Regulations, 2015, an Transactions.
imprest means a form of cash advance or a float which L.N. 18 of
2012.
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. (1) The accounting officer or Authority to Determination
of Imprest
Incur Expenditure holder shall approve the establishment Levels.
of an imprest facility including the maximum amount for
the specific purpose of that facility.
610
(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 Regulation , 2015.
(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. (1) Standing imprests are normally issued to Standing
Imprest.
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………….
611
(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 sub regulation (1) is
satisfied that the expenditure has been incurred and for
the intended purposes and that there is no irregularity in
612
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. (1) A temporary imprest shall be issued to Temporary
Imprest.
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 sub
paragraph (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.
613
(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, 2015 the accounting officer
commits an offence as provided for under the Public
Finance Management Act.
(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 sub paragraph (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.
(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 sub
paragraph (5), the accounting officer shall take
appropriate disciplinary action against the officer
concerned for the abuse of the imprest.
23. (1) Each payment, whether from a standing, General
guidelines on
special or temporary imprest shall be entered in an imprest and
imprest ledger. payments.
614
(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.
615
(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. An officer holding an imprest shall ensure Duties of an
Imprest
that— Holder.
616
(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. (1) All public money must be kept in a Custody of
Public Money
Treasury safe or cash box which cannot be broken into or and
removed. Maintenance
of Cash Books.
(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 sub paragraph (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.
617
(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 sub paragraph (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 be entered 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
618
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 sub-
county/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 sub paragraph (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 sub
paragraph (15) takes place more than four times in a
month, a consolidated return may be submitted to the
respective Chief Accountant, Service Headquarters.
619
(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 sub paragraph (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
620
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
subparagraphs (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
621
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;
622
(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 to the 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 subparagraph (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
623
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;
624
(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 sub
paragraph (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 money shall be dealt with in Loss of Public
Funds and
accordance with the procedure laid down in Public Write offs.
Finance Management Regulations, 2015.
625
27. (1) While it may be considered that the salary Allowances
general.
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 sub paragraph
(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 sub paragraph (2) shall be
temporary and shall not attract any superannuation
benefits.
28. (1) Allowances may be classified under two Categories of
allowances.
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. (1) A Police officer on duty who is required to Reimbursemen
t allowances.
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.
626
(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 sub
paragraph (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. A police officer who is required to travel on Subsistence
allowance
duty outside Kenya— when traveling
on duty
(a) shall be granted a subsistence allowance at the outside Kenya.
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
627
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
628
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. (1) Remunerative allowances under the Service Remunerative
allowance.
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
629
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.
630
APPENDIX 39 (a)—ALLOWANCES
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
631
(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.
632
(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 30days.
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.
633
CHAPTER 40— GUARDS, SENTRIES, HONORS,
COMPLIMENTS AND FLAGS
1. Every police officer shall ensure Guards are Mounting of
Guards and
mounted and Sentries posted as provided in the Sentries.
Operational Manual and the National Police Service
Mounting Manual.
2. (1) The Service shall ensure Guards of Honour Mounting of
Guards.
are mounted as laid down in Section 56 of the Manual
(1951) and National Police Service Guard mounting
manual.
(2) In addition to sub paragraph (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.
634
3. Every police officer shall be aware of all the Compliments
by Guards and
details on the strength of Guards of Honour, dress and Sentries.
compliments by Guards and Sentries which are contained
in the Operational Manual.
4. The Service shall pay attention to the President and
members of
compliments due to the President and Members of the the Cabinet.
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. (1) Where a station is visited officially by a Visit by
distinguished.
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 sub paragraph (1) shall be determined in
635
the respective Services and Directorate in accordance
with dress regulation Order in the National Police
Service Standing Orders.
6. The provisions of Chapter VII of the Drill (All Mode of
salute.
Arms), 1951 shall guide saluting in the Service.
7. (1) Police officers shall, at all times, salute— Personage.
636
(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. The saluting colours in the Service shall be as Saluting
colours.
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. Every police officer below the rank of Inspector Saluting by
officers of
in the Service shall salute members of the Inspectorate other ranks.
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 newly posted to a sub-county are All ranks to be
instructed in
required to ascertain the identity of officials and leading saluting.
citizens of their sub-county and such officers shall at all
times be punctilious in the matter of saluting.
15. A police officer in plain clothes shall recognize Recognition of
senior officers
senior officers in the Service if the officer meets such by plain
senior officers unless circumstances render recognition clothes
personnel.
inadvisable.
16. The Presidential Standard personal to the Presidential
standard.
President shall be flown in accordance with directions
637
contained in circular number nine issued by the Principal
Secretary, Office of the President on 15th July, 1968.
17. The respective Service Flag shall— Service flag.
638
APPENDIX 40(a)— GUARDS OF HONOUR, QUARTER GUARDS
AND LINES INSPECTIONS
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
639
tohis 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
640
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
641
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 Guardsshall 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
642
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.
GUARD TURNING OUT AND TURNING IN
(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 ) arms at all
for His Excellency the president ) times between
) “Reveille” and
(c) Visiting Heads of State or their ) “Retreat” and
Representatives.) “Retreat” and ) bugles shall sound
643
(d) The Commanders of the Kenya ) Guard shall turn
Armed Forces and Officers of ) out and present
Foreign States of equivalent ) arms at all times
or senior rank in their ) between
respective Service, on official ) “Reveille” and
visits to the Republic (in uniform ) “Retreat”.
644
) 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.
CLASSIFICATION
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
645
CHAPTER 41— GUIDELINES ON DISASTER AND
EMERGENCY MANAGEMENT
PART I: INCIDENT MANAGEMENT
1. (1) The Director of Police Operations shall Major incident
management
develop major incident management operation guidelines 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. (1) The first responding officer at the scene of Responding to
incidents.
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─
646
(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 co-ordination 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;
647
(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
inter-agency 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;
648
(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
co-ordination 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;
649
(ix) agree on a media strategy;
(x) liaise with national and regional
organisations;
(xi) review business continuity t 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 co-ordination 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 ooverall incident commander;
650
(iii) liaisewith 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;
651
(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.
PART II— GUIDELINES ON DISASTER AND
EMERGENCY RESPONSE
3. The objective of the emergency responders Objectives of
emergency
shall be to— response.
652
(l) facilitating the recovery of the community; and
(m) evaluate the response and recovery effort.
4. (1) Police officers called in for an emergency General
responsibilities
response shall report to the location of the emergency in in an
uniforms and with the necessary equipment. emergency
response.
653
(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. (1) The National Police Service shall develop Hostage or
barricaded
procedures on hostage or barricaded persons. persons.
654
(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;
655
(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 orbarricaded 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 re-certification is current.
6. (1) During disasters and civil disturbances, the Disasters and
civil
National Police Service shall use reasonable force to disturbances.
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,
656
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. (1) The National Police Service constitutes an National
Police
“Area” of the St. John Ambulance Brigade entitled Ambulance
“National Police Ambulance Area” with the headquarters Area.
657
(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. (1) Full-time members of the National Police St. John
Ambulance
Service shall not wear the uniform of the St. John Brigade
Ambulance Brigade. uniform.
658
Appendix 41 (a)— NATIONAL POLICE SERVICE INCIDENT
RECORDING TEMPLATE
NATIONAL POLICE SERVICE
INCIDENT RECORDING
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;
659
(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:
660
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 as- visiting or handling scene, victim
661
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
662
CHAPTER 42—GUIDE TO CRIMINAL
INVESTIGATIONS
1. (1) The initial responding officer shall Securing a scene
of crime.
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. (1) The initial responding officer to arrive at the Action at the
scene of crime.
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
non-essential 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;
663
(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.
664
3. (1) The standard medical examination form, Medical
examination and
number P.3, shall be – use of police
form P3.
(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 No. 3 of 2006.
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.
(5) For injuries related to crimes covered under the
Sexual Offences Act, 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—–
No. 3 of 2006.
(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 No. 3 of 2006.
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, for failure to have
a P.3 form or Post-Rape Care form filled .
665
(8) For investigations of crime covered by the Sexual
Offenses Act, 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. (1)Where a person is arrested on a homicide Medical
examination of
charge or surrenders himself or herself into police custody person arrested
as having been suspected with such a crime, on homicide
charges.
(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 subparagraph (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
666
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. (1) Where it is necessary to obtain the service of Technical advice
in investigation
an electrical technician in an investigation, a request shall involving
be made to the nearest Inspector of Works (Electrical) electricity.
667
(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. (1) Where there is a case of suspected arson, the Suspected arson.
668
(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. (1) The police shall organize an identification Identification
parade.
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 Cap. 80.
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
669
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.
(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;
670
(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
671
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. (1) Where it is necessary to establish the identity Identification by
means of
of a suspect or accused person through photographs- photograph.
672
(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 cross-examination.
9. (1) An informer or a tracker shall not− Informers and
trackers.
(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. (1) An Agent provocateur is one who provokes Agent
provocateur.
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.
673
11. (1) The police are responsible for bringing Collection of
sufficient
offenders to justice and collecting sufficient evidence to evidence.
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. The Police may use scientific investigation to Collection of
forensic
enhance the evidential threshold. evidence.
674
(3) Where medical certificate or approved notice in
lieu is not produced, the registrar shall complete a death Cap. 75.
report form and forward it to a magistrate or police officer
for inquiry and report on the circumstances and cause of
death. Cap. 149.
675
(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
subparagraph (5). Cap. 75.
(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 Cap. 149.
Criminal Procedure Code 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.
676
(4) If the body discovered is one to which the
provisions of Births and Deaths Registration Act 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 Cap. 75.
677
(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. (1) The identity of the deceased shall be Identification of
dead body.
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. (1) The investigating officer shall search the Deceased’s
property.
body and remove, for safe custody, valuable articles such
678
as watches, jewellery, wallet or money found on the body
before sending any deceased person to mortuary.
(2) The articles collected under subparagraph (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 subparagraph (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.
679
18. (1) A Magistrate’s order, in accordance with Exhumation.
section 387 (2) of the Criminal Procedure Code shall be Cap. 75.
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.
PART III—IDENTIFICATION OF VICTIMS OF DISASTERS
19. Methods of identification used in cases of a Identification of
disaster victims.
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 are described Primary and
Secondary
as follows— identifiers.
680
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. Where strong primary identification standard has Identification
based on
been achieved, any other evidence that supports the combined
identification shall be recorded. information.
681
(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. (1) In the event of a disaster involving multiple Disaster
identification
casualties, disaster identification bags shall be used for bags.
identification purposes.
(2) The bags referred under subparagraph (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;
682
(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. (1) When notification of such an incident is Notification of
Police or
received, Police Headquarters shall be informed Directorate of
immediately and immediate assistance shall be sought Criminal
Investigations
from Directorate of Criminal Investigations Headquarters, 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. (1) Immediate steps shall be taken to detail Control of the
scene.
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.
683
29. Each body shall be marked by a numbered label Marking of
bodies.
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. (1) In removing a body— Removal of
bodies.
(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. (1)When the bodies are moved to the mortuary Stripping of
bodies.
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
684
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. (1) Personal effects shall be described in detail Personal effects.
685
(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
686
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. (1) All exhibits shall be kept separately at all Packing of
exhibit.
times, prior to packing and during packing.
687
(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.
688
(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. When it is desired to identify stains, including Stained articles.
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
689
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. (1) All liquid blood samples taken from dead Blood grouping.
690
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. (1) When it is necessary to have blood examined Blood, urine or
alcohol
to determine alcohol concentration, it shall be examined determination.
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.
691
39. (1) In cases of sexual nature, it may be of great Group of human
secretions other
assistance as corroborative evidence, to establish the than blood.
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. (1) A police officer of or above the rank of DNA Sampling
Procedure.
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. (1) In cases of poisoning, the following Toxicological
examination.
information shall be availed to the officer undertaking the
toxicological analysis–
692
(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
693
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. (1) When specimens of plants, herbal or Plants and
traditional
traditional medicines are submitted, in cases of suspected Medicines.
poisoning –
694
(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 ammunitions requiring examination Arms and
ammunition.
shall not be sent by post but shall be forwarded by escort
to D.C.I Headquarters, Nairobi.
44. (1) In the investigation of any case involving the Investigation.
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
695
(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.When unloading an automatic and semi-automatic Unloading an
automatic and
pistol− 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. In unloading a revolver, the exact position of the Unloading a
revolver.
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. (1) The recovery of a cartridge case at the scene Cartridge cases.
696
(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. Before a bullet is removed− Recovery of
Bullets.
(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. (1)When a firearm is discharged, Swabbing
gunshot
residues.
(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.
697
(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. The usual report that the Ballistic Examiner shall Ballistic
Examiners
give shall be in one of the following forms – Report.
698
54. (1) Hairs and fibres evidence shall be used to Identifying the
victim and
advantage in the solution of other crimes such as breaking perpetrator.
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. (1) A complete search of the crime scene shall be Collecting and
submitting
made as soon as possible and all of the hairs in the evidence.
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. (1) Representative samples of hair from the Control
Samples.
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.
699
(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. (1) All fingerprints, footprint and other technical Fingerprint and
other technical
comparisons shall be referred, in the first instance to the exhibits.
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. (1) All documents which are required to be Handwriting/
typewriting
examined for handwriting or typewriting comparisons examination and
shall be forwarded to the Director of Criminal comparison.
700
(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. (1) A plan of the scene shall be prepared in all Sketches and
plans of scenes
cases of serious crime, street accidents and any other of crime.
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. (1) The police may use the photographic Photographs,
plans and
facilities at Directorate of Criminal Investigations models for
Headquarters, Nairobi. courts.
701
(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. (1) Exhibits and other articles connected with Police Museum.
702
(6) The Police Museum shall be situated at Kenya
Police College and Administration Police Training
College.
62. The collection of evidence from electronic crime Electronic crime
Scene
scenes shall be done in accordance with the guidelines Investigation.
provided in Appendix 42(d).
63. (1) Case files shall be compiled in the following Case Files.
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
subparagraph (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.
703
(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
704
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. (1) Every statement recorded by police shall– Witness
Statements .
(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;
705
(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 sub-paragraphs 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 sub-paragraphs 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, sub-paragraphs shall
deal with the witness’s previous knowledge of
the accused;
706
(d) Paragraph 4 and related sub-paragraphs shall
deal with the witness’s previous knowledge of
other witnesses, their relationship, if any and
similar matters;
(e) Paragraph 5 and related sub-paragraphs 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 sub-paragraphs 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 sub-paragraphs shall
deal with full description of those concerned,
including any subsequent identification of
prisoners or exhibits; and
(h) Paragraph 8 and related sub-paragraphs 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. (1) A police officer investigating offence may, in Statements by
suspected and
writing, require the attendance before him or herself of accused persons.
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.
707
(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 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
708
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 sub-paragraph (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.”
709
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 reguest 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;
710
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.
711
66. (1) Complainants and witnesses in any case or Complainants
and witnesses
inquiry involving allegations against the police shall not accommodation.
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. (1) A police officer shall not obtain a statement Statements from
persons in
from a patient in hospital for the purpose of a police case hospital.
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. Female complainants, witnesses and accused Interrogation of
females.
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. When a report is received of a scheduled offence Reporting
offences to
as Directorate of Criminal Investigations listed in Directorate of
Appendix 42(a) having been committed, the appropriate Criminal
Investigations.
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. (1) When an offence is reported to the police Reports of
offences to other
outside the Sub-County in which it occurred, investigation Sub-Counties.
shall immediately be commenced by the police to whom
712
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
subparagraph (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. Police officers are not permitted to communicate Correspondence
on criminal
direct with other Police Services in connection with matters with
criminal investigations. All such communications shall be other foreign
Police Services.
made through the Director, Directorate of Criminal
Investigation. Similarly, officers shall not pursue their
investigations into other territories.
72. The Office of the Director of Public Prosecutions Power to Call
Investigation
shall be the sole and exclusive authority responsible for Files.
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
713
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. (1) A person accused of a criminal case triable by Cases to be tried
by the High
the High Court shall be arrested and arraigned in court 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 alleging violence, wrongful arrest, Complaints
against
false imprisonment and like forms of oppression where Government
the complaints are directed against Government servants servants.
when acting in their capacity as such shall be notified to
the Director, Directorate of Criminal Investigation every
fortnight.
75. (1) Unless otherwise stated, case files to be Preparation of
case files.
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
714
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. (1) A Directorate of Criminal Investigations Routing of
duplicate case
investigating Officer shall, on completing an files.
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. (1) In event the accused in a case which is Accused
intending to
required to be submitted to State Counsel wishes to plead plead guilty.
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
715
(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. (1) In all cases where a Police Officer is alleged Criminal
Offences by
to have committed an offence under the Penal Code, or of Police Officers.
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.
(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.
(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. (1) No matter or thing done by a member, Legal Aid.
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.
716
APPENDIX 42 (a)— List of Offences shall be notified to Criminal
Investigation Department.
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.
43 A Treachery.
44 Promoting war- like 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
Section Offence
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 or with special duties.
100 False claims by officials.
101 Abuse of office.
717
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
718
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.
719
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
278 A 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.
720
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 Fa1se 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(2) 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 prope.rty upon forged testamentary instrument.
721
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.
722
APPENDIX 42 (b)— THE POLICE GAZETTE
Content and Circulation
1. (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 an4
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.
Submission of particulars
2. 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.
Wanted persons
3. 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 .1. 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 –,
723
(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.
Persons including missing persons whereabouts wanted
4. 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.
Hue and cry notices
5. 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.
Stolen or lost property
6. (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
724
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.
Recovered property
7. (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
Particulars of wanted persons
8. 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;
725
(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.
Identifiable property
9. 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).
Particulars of Bicycles
10. 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;
726
(g) gil chain bath;
(h) handlebars; and
(i) butterfly racing upturned
Minimum particulars for circulation, No. 2.
Particulars of motor-cars and lorries
11. 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.
Motor-cycles
12. Information required for motor-cycles include –
(a) make;
(b) frame number;
(c) colour;
(d) cubic capacity; and
(e) registration number
Unidentifiable property
13. 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.
727
APPENDIX 42 (c)— THE JUDGES’S RULES
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
728
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.
729
APPENDIX 42(d)— 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.
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.
730
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.
731
PART I: ELECTRONIC DEVICES: TYPES, DESCRIPTION, AND
POTENTIAL EVIDENCE
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.
Computer Systems
15. 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
Storage Devices
18. (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-
732
(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.
Handheld Devices
23. 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
733
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.
Peripheral Devices
27. 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.
Other Potential Sources of Digital Evidence
29. 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.
734
Computer Networks
31. 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.
PART II: INVESTIGATIVE TOOLS AND EQUIPMENT
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.
Tools and Materials for Collecting Digital Evidence
37. 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;
735
(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.
PART III: SECURING AND EVALUATING THE SCENE
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.
736
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.
Preliminary Interviews
45. 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;
737
(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.
PART IV: DOCUMENTING THE SCENE
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
738
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.
PART IV: EVIDENCE COLLECTION
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.
Computers, Components, and Devices
59. 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.
Assess the Situation
60. After identifying the computer’s power status, follow the steps
listed below for the situation most like your own:
739
(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.
740
(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.
741
(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:
742
(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.
Other Forms of Evidence
63. 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.
743
Other Electronic and Peripheral Devices of Potential Evidential Value
64. 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.
Packaging, Transportation, and Storage of Digital Evidence
68. 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.
Packaging Procedures
70. 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.
744
(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.
Transportation Procedures
71. 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.
745
(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.
Storage Procedures
72. 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.
Labeling
73. 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.
746
747
CHAPTER 43—IDENTIFICATION OF POLICE
OFFICERS
1. (1) A Police Officer shall carry a Certificate of Display of
Identification.
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. (1) A Certificate of Appointment shall not be Exchange of
Certificate of
erased, altered, exchanged or transferred except by order Appointment
of the Inspector-General or when occasioned by a change Prohibited.
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. (1) An officer must take reasonable care of his Loss of
Certificate of
or her Certificate of Appointment. 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. (1) A police officer shall be issued with new Issuing of
Identification
Certificate of Appointment after every five years. Cards.
(2) a police officer shall be issued with a new
Certificate of Appointment upon change of status or unit
of assignment.
748
(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. For purposes of identification of a police Police Officers
not in uniform
officer and to avert the risk of civilians impersonating to provide
police officers– proof of
identification.
(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.
749
CHAPTER 44—NATIONAL POLICE SERVICE
INSPECTIONS
750
(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. (1) All reports of inspections by the Inspector- Inspection
report.
General or Deputy Inspector-Generals or Director of
751
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. (1) Senior staff officers at the Service and the Visit by service
head quarter.
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. (1) The following inspection programmes shall Scheduled
Inspections
be carried out annually—
752
Criminal Investigation and
Inspector-General
(d) Unit One inspection of each Submit through the normal
company. 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 One inspection of all Sub- Submit through the normal
special/technical County Headquarters, chain of command ,One copy
branches/National Police branches or National Police of the report to the County
Services in the Counties. Service One inspection of all Commander, respective Deputy
subordinate Formations under Inspector-General, or Director,
respective commands Directorate of Criminal
Investigation and Inspector-
General
753
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, sub-
county 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. The following items shall be inspected in the Items to be
inspected.
following order—
(a) personnel—
(i) establishment or strength;
(ii) parade;
(iii) squad drill;
(iv) arms drill; and
(v) kit inspection.
754
(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;
755
(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;
756
(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;
757
(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—
(i) strength and establishment;
(ii) individual details of personnel;
(iii) arms, ammunition and other equipment; and
(iv) administration.
(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. (1) The Inspecting officer shall include at the Name of Officer-
in-Charge of the
head of each inspection the report, the rank and name of Formation to be
the Formation Commander and the date he or she shown at head of
report.
assumed command.
758
(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. (1) In order not to disrupt the normal works of Inspection of large
Formation to be
large Formations, inspecting officers shall make staggered.
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. (1) In addition to formal and scheduled Formation to be
visited frequently.
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. (1) The following steps shall apply to the usage Officers visiting
book.
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
759
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.
760
APPENDIX 44(a)—: NATIONALPOLICE SERVICE INSPECTION
TEMPLATE
761
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.
Scope
6. 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.
MATTERS TO BE INSPECTED
S/No. To Be Inspected Checked Remarks
Yes/No
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
762
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
763
Policing forums reports, minutes of
peace committees
39. Letters of collaboration with other
stakeholders
40. Reports of collaboration activities with
other government agencies
SUMMARY OF FINDINGS/OBSERVATIONS
(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
inspection
2. Analysis of remarks/observations
under part II in summary
3. Potential good practice and
innovation (Management
Consideration)
4. Recommendations arising from the discussion in part III (to be
implemented within clear timeframes)
Commitment
I in- charge 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
764
CHAPTER 45— INTEGRITY AND ETHICS
1. A police officer shall, at all times whether on- Law Enforcement
Code of Conduct.
duty or off-duty conduct himself or herself with integrity
and decorum in accordance with the law and the Service
Code of Conduct.
2. (1) A police officer in any position shall – Ethics of Official
Position.
765
(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. (1) Each Officer shall abide by the National Politics.
766
(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. (1) Without the approval of the Inspector- Recommendations,
Endorsements, and
General, a police officer shall not authorize the use of his or Referrals.
767
CHAPTER 46— HANDLING OF CHILDREN
Rights and welfare
1. (1) A police officer shall promote the right of of the child.
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.
Rights of a child
2. (1) A child shall not be subjected to torture, cruel who is in conflict
treatment or punishment, unlawful arrest or deprivation of with the law.
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.
Search of children.
3. (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.
768
(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.
Interviews and
4. (1) All interrogations of children shall be Interrogation of
conducted with full regard to principles of fundamental children.
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.
Notification of
5. (1) It shall be the responsibility of the officer parent or guardian.
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.
Release.
6. (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
769
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.
Custody (secure and
7. (1) If it is not in the best interest of the public or non-secure).
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
770
(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.
Transporting
8. (1) A child prisoner shall not be transported with children .
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.
Children records.
9. (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.
Authorized use of
10. (1) Photographs of children may be used only for children
institution management purposes, case supervision by photographs.
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.
771
CHAPTER 47—LAWFUL USE OF FORCE AND
FIREARMS
Lawful use of force.
1. (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.
Restrictions on
2. (1) Police officers are restricted on use of force lawful 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.
772
(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.
Restriction on the
3. A police officer shall attempt to use non-violent Use of Force.
means first and force may only be employed when non-
violent means are ineffective or without any promise of
achieving the intended result.
Proportionality.
4. 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.
773
Injuries.
5. (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
Requirement to
6. A police officer who uses any form of force shall Report.
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.
Death, Serious
7. Any use of force that leads to death, serious Injuries and other
injury and other grave consequences shall be reported grave Consequences.
774
Name Tag.
12. 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.
Purpose of using
13. Firearms may only be used when less extreme firearms.
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.
Exceptions to Using
14. A police officer intending to use firearms shall Firearms without
identify himself or herself and give clear warning of his or Prior Warning.
775
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.
Responsibilities for
17. (1) When a weapon has been fired during care and
operational duty, whether a person has been injured or not, maintenance.
776
CHAPTER 48— LEAVE
Leave regulations.
1. 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.
Categories of leave.
2. (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
777
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.
778
(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.
Application for
3. (1) An application for leave by Gazetted Officers leave.
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;
779
(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.
Leave not usually
4. (1) Leave shall not be granted between the 10th granted at Christmas.
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.
Leave entitlement.
5. (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.
780
(3) Despite, sub paragraph (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.
Conditions
6. (1) Subject to the exigencies of service, officers applicable to annual
shall be permitted to take such leave as and when and in leave.
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.
Termination of
7. (1) A police officer whose appointment is Appointment.
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
781
called upon to refund any leave salary drawn within the last
three months of that year.
Special privileges for
8. (1) Officers stationed in the under mentioned officers serving in
areas may apply for annual leave in two portions– designated hardship
areas.
(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 sub paragraph (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 sub paragraph (2) shall be
granted once every period of six months provided that on
each occasion the officer takes not less than ten days leave.
Leave to be taken on
9. Where possible, in the case of junior officers, 1st or 15th of every
leave may date from the 1st or 15th day of a month, in month.
782
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.
Failure to return
11. Private affairs or sickness may not constitute an from leave on due
excuse for overstaying on leave unless the sickness is date.
783
CHAPTER 49— POLICE LINES
Bugle calls.
1. (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”.
“Alarm” and “Fire
2. (1) The sub-county commander shall compile and Alarm” orders.
include in local standing order books alarm orders for their
respective sub-counties.
(2) The alarm orders may be informed by detailed
orders issued by station or post commanders, which shall
be approved by the sub-county commander.
(3) 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.
Instruction in use of
3. (1) The Officer in Charge shall issue Fire Alarm appliances.
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 good working condition and optimal
efficiency.
784
Fatigues.
4. (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.
Unauthorized
5. (1) An unauthorized person shall not be allowed in persons not allowed
police lines. in lines.
vicinity.
(2) Latrines shall be cleaned daily and disinfectant
used, but disinfectant shall not, be placed in cesspits.
Soakage pit.
8. (1) No stagnant water is 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 3 ft. deep and 18
785
inches in diameter and filled with small, clean stones may
be made and the stones may be replaced when fouled.
Cooking in Kitchens.
9. (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.
Economy in use of
10. A police officer shall exercise maximum water and electricity.
economy in the use water and electricity.
Pets and poultry.
11. A police officer shall not keep pets and poultry in
the police lines.
Inspections of Police
12. Regular inspection of police lines shall be Lines.
conducted in accordance with the Inspections Orders.
Entitlement to one
13. A police officer may not be issued with more house.
than one police line or house within police premises.
786
CHAPTER 50— ORDERS, DECORATIONS AND
MEDALS
The precedence for
1. The precedence for wearing of orders, wearing of orders,
decorations and medals shall be in the following manner– decorations and
medals.
(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.
The Order of the
2. (1)The Order of the Golden heart of Kenya shall be Golden Heart of
divided into three Classes− Kenya.
787
(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
788
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.
789
(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.
The Uhodari Medal.
3. (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
790
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.
Order of the burning
4. (1) The Order of the burning Spear shall be divided spear.
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
791
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;
792
(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.
Distinguish Service
5. (1)The Distinguished Service Medal shall- Medal.
793
(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.
Long Service and
6. (1) The Long Service and Good Conduct Medal good Conduct
shall− Medal.
794
(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.
Head of State’s
7. (1) The Head of State’s Commendation (Military Commendation.
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).
795
(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,
(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
796
when no other riband are held on the left breast in
the center of, and immediately above the breast
pocket.
Wearing of other
8. All other Kenya Decorations and Medals shall be Kenya decorations
worn− and medal
797
(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.
Wearing of medal
11. (1) Medals and decorations shall be worn by all and decorations.
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.
Length of the Medal
12. The Length of the Medal Ribbons when Medals Ribbons when
are worn shall be− Medals are worn.
798
(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.
Miniature medals.
13. (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.
Ribbons.
14. (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.
Application on
15. Where an officer is uncertain as to the proper wearing medals.
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.
799
Loss of medals.
16. 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.
Medals for Junior
17. (1) A medal belonging to an officer who dies in officers dying in
the service shall be sent to the legatee or executors when Service.
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.
Wound stripe.
18. (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 x3/8” (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;
800
(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 General s and D.C.I. stores on
indent, quoting the relevant authority as published in the
service administration orders.
Certificate of
19. A certificate, signed by the Inspector General, commendation.
shall be issued to the recipient of each commendation
published in service Administrative orders in the form set
out Appendix 50.
801
APPENDIX 50 (a):
INSPECTOR GENERAL
APPENDIX 50 (b):
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……..
802
INSPECTOR GENERAL
CHAPTER 51— POLICE ANIMALS
Where Police
1. A police animal is the property of the animals are stationed
Government of Kenya and shall be stationed at each
Formations according to the approved Service
establishments.
Strength, increase
2. (1) Every formation with police animals shall and decreases.
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.
Certificate of
3. A police animal shall not be purchased without a soundness.
certificate of soundness by a veterinary surgeon and
without being examined for fitness for police work.
Allocation of Service
4. A police animal shall be allocated service numbers.
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.
Branding of animals.
5.(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.
Animal file.
6.(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.
803
(2) A detailed record of all sickness, treatment given
and by whom the animal was treated shall be maintained in
the file.
Responsibility to
7.The Officer-in-Charge of a Formation where ensure fitness of
animals are stationed shall maintain the police animals and animals.
804
(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,
Shoeing.
13. (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.
Police animals not to
14. A police animal shall not be enrolled for be entered for races
gymkhanas or race meetings without the prior permission and gymkhanas.
of the Inspector-General.
Scale of saddlery.
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.
Care of saddlery.
16. (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.
805
(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.
Animal
17. All formations where animals are stationed are management.
issued with the “Care and Management of Animals”
pamphlet and the instructions contained therein shall be
generally followed in conjunction with these Orders.
806
APPENDIX 51 (a)— SCALE OF SADDLERY FOR POLICE ANIMALS
1. Saddlery shall be issued for police animals in thefollowing 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 Anti stock theft
Duty 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 1 -
ceremonial)
Rope, headcollar 1 -
Rug, horse 1 -
Saddles, riding, officers pattern (small 1 -
quantity for ASTU Mtd wing)
Saddle,Unversal. - 1
Stirrup, iron prs (with lance ferrule cup for 1 1
Cer)
Stirrup, leather prs 1 1
Stirrup lamp - 2
Straps baggage, sets - 1
Spurs, prs - 1
807
Staves mounted and scarbard - 1
Surcingle leather - 1
Surcingle, white (ceremonial) 1 -
Tanning Oil - - ½ 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
808
(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
Quartermaster 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 2½ 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
809
1
2
ReferenceNo 1
1 Panel
2 1
2 Headrope
3 Nose Bag
4 Rifle Bucket 3
5 Saddle
1 4
6 Crupper
7 Girth
8 Reins
9 Headstall 5
10 Brow Band
11 Cheek Pieces
12 Bit
13 Curb Chain
14 Stirrup Irons
15 Throat Lash
16 Nose Band 6
17 Stirrup Leathers
8 8
9
17
16
17
14 10
14
12
13
15
11 11
810
CHAPTER 52— POLICE ASSOCIATIONS
Representation of
1. (1) Police officers may, in accordance with police officers.
section 83 of the National Police Service Act, 2011 form No. 11A of 2011.
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.
Recognized
3. (1) Subject to section 84 of the National Police associations to make
Service Act 2011, every recognized police association shall rules.
811
Registration
4. (1) For an Association to qualify for registration requirements.
under the National Police Service Act 2011, the
Association shall be required to—
(a) draw its membership from the Service; and No. 11A of 2011.
812
(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.
Channeling of
7. (1) Any matters affecting the general welfare and matters to the
efficiency of the police shall be forwarded to the Inspector- Inspector-General,
Commission and
General in writing by the Chairman or Secretary of the Cabinet Secretary.
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.
External
8. The Association shall not communicate with the Communications.
media or any other persons or agency on specific matters
No. 12 of 2007.
touching on the National Police Service or on the matters
referred on section 83 (b) of the National Police Service
Act, 2011 unless with approval of the Inspector-General or
Deputy Inspector-Generals, as the case may be.
Precedence of duty
9. (1) Policing duties shall take precedence over over association
Association matters. matters.
813
Appendix 52 (a)—The Police Association
Election Procedure
Election of representative
1. 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.
Notice as to the holding of elections
2. (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.
Appointment of returning officer
3. (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
or her duties in that capacity.
SENIOR BRANCH
Nomination of Candidates
4. (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.
814
(2) The County or Formation commander shall publish the list of
candidates referred to in subparagraph (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.
Electoral Procedure.
5 (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 subparagraph (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
815
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.
Counting of votes.
6. (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.
Holding elections
7. (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
subparagraph (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 subparagraph (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.
816
(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 subparagraph (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 sub-paragraph (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.
Formation of joint central committee
8. (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.
817
(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.
818
SCHEDULE
FORM I
THE POLICE ASSOCIATION ELECTION 20………….
ELECTION TO THE COUNTY/FORMATION BOARD OF A
COUNTY/FORMATION.
Part i-Election of Gazetted Officer
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
819
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.
820
REMARKS
………………………………Submitted in accordance with paragraph
6(a) Appendix 52(a) of this Chapter.
………………………………………………………Returning Officer.
REMARKS
……………………………………………………………………………………
FORM3
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.
821
CHAPTER 53— POLICE DUTIES DURING
ELECTIONS
Role of security
1. (1) A security officer assigned to the Independent officers.
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.
Role of police
2. (1) Police commanders in the county shall liase Commanders.
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.
Role of the presiding
3. (1) A Presiding Officer is the overall supervisor officers.
of a polling station and their duties and responsibilities
shall include ─
(a) laying out and demarcating the polling or
counting stations;
822
(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.
Deputy presiding
4. The deputy presiding officer shall deputize the officers.
Presiding Officer.
Polling or counting
5. (1) For purposes of the voting and counting clerks.
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;
823
(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.
Admission to the
6. (1) The Presiding Officer shall regulate the flow polling station.
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.
Order of events
7. (1) A day before the polling day, the Presiding before polling.
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;
824
(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
6.00am;
(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.
Polling time.
8.(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 5.00pm
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.
Election offences.
9. Election offences may relate to registration of
voters, register of voters, voting and election staff.
Offences relating to
10. (1) A person commits an offence if the person─ voting.
825
(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.
Offences by
11. (1) A member or staff of the Commission members and staff of
commits and offence if he or she─ the commission
826
(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;
827
(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.
Returning Officer.
12. 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.
Presiding Officers
13. (1) The Presiding Officer and deputy presiding and Deputy
officer are appointed for each polling station by the Presiding Officers.
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.
828
(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".
Agent.
14. 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.
Polling Stations.
15. (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.
Counting of votes.
16. (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.
Counting agents.
17. (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.
Persons present in
18. The Presiding Officer shall regulate the number of polling station.
voter in the polling station at the same time by excluding
all other persons except—
829
(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.
Blind or
19. (1) A blind or incapacitated voter may be incapacitated voters.
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.
Secrecy at Poll.
20. 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.
Interference with
21. A person shall not─ vote.
830
(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.
Canvassing etc.
22. When a voter enters the poling station, the police outside polling
officer has a duty to ensure that ─ station.
831
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.
Safe Custody of
25. After close of poll, a Returning officer shall seek Ballot Boxes.
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—
832
(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.
Police Escort.
26. (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.
833
CHAPTER 54: NATIONAL POLICE RESERVE
Legislative
1. The National Police Service Act, 2011 forms the Framework.
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.
Recruitment and
2. (1) Police reserve officers shall be recruited by the composition.
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.
Deployment.
3. (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.
834
Core Functions of
4.(1) The Reserve may be deployed in Kenya to assist the Reserve.
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.
Training.
5. (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, 2011 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.
Discipline.
6. (1) A serving Reserve Police Officer shall be
deemed to be a Police Officer in the National Police
835
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, 2011 and this Order.
Uniforms.
7. (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.
Allowances.
8. (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.
Leave.
9. (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.
Change of Residence
10. (1) A Reserve Police Officer who changes their or Transfers.
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.
836
(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.
Reports and Returns.
11. Reports and returns of the Reserve shall be
compiled in accordance with Reports and Returns Order in
these Orders.
Enlistments.
12. (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,
2011;
(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.
Documentation.
13. 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. 1l shall
be made before a Gazetted Officer of the Service
837
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, 2011.
Promotion.
14. All promotions of the National Police Reserve
shall be made by the National Police Service Commission.
Accounts.
15. (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.
Arms and
16. (1) Guidelines on the use of firearms and ammunition.
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.
838
17. (1) The Reserve Police Officers shall, in their Communication with
relations with the Press, be guided by the provisions of the Public or Press.
839
On-duty
21. The police reserve shall, when on regular duty assignments.
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.
Minimum
22. The minimum qualifications and requirements for qualifications and
police reserve membership shall be determined by the requirements For
Police Reserve
Commission from time to time. membership.
Equipment and
23. A reserve officer shall─ Kitting.
840
CHAPTER 55— POLICE DOGS
General Purpose.
1. (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.
Search and
2. (1) A Police Service Dog shall not lead the search Apprehensions.
for a suspect unless the handler believes it is reasonably
and necessary.
841
(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.
Injury caused by a
3. (1) Subject to section 61(2) of the National Police National Police
Service Act, where a person is injured by a Police Dog, the Service Dog.
842
(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.
Police Service Dog
5. (1) A newly posted Police Dog Handler shall Training.
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 ─
843
(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.
Records.
6. (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.
Drug used for
7. (1) The Officer In Charge of Narcotics shall be Training.
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 .
Allocation of
8. (1) The Commandant of the Police Service Dog numbers.
Unit shall allocate a number to every Police Service Dog
taken on strength.
844
(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. The Police Dog Unit shall keep a file on ─ Records on Police
dog strength.
845
(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.
Request for services
11. (1) A police tracker dog may be used to assist in of police tracker
investigation. dogs.
846
(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. (1) The types of police service dogs include ─ Types of Police
Dogs.
847
Conditions for
14. (1) A person requesting for a National police dog employment of
shall study the conditions favorable for employing National National police dogs.
848
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.
National Police Dogs
18. A police dog is a means of effecting arrest by as a form of force.
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.
Dog Patrols.
19. (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.
849
(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.
Sick or Injured
20. A sick or injured dog shall be taken immediately Dogs.
to the nearest Veterinary Officer for treatment by the dog
handler, and the local Officer-in-Charge Dog Unit shall be
informed promptly.
Disclosure of
21. Any admissible evidence disclosed as a result of Evidence.
the use of dogs shall be given by the Dog handler
concerned.
Occurrence Book.
22. (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.
Maintenance of
23. The Kennel of a police service dog shall be Police dog Kennels.
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.
Inspection of County
24. The County Dog Section shall be inspected on Dog Section.
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.
Inspection of dogs
25. (1) The Police Service dogs in sections outside by government
Nairobi shall be inspected on quarterly basis by a veterinary doctor.
850
(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.
Death and mercy
26. (1) The Commandant of the Police Service Dog killing of police
Unit may authorize the mercy killing of a police dog where dogs.
851
(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.
Veterinary care of
28. (1) All dogs owned by the Police Service shall be dogs.
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.
Retirement of Police
29. (1) A Police Dog may be retired when— Dogs.
852
APPENDIX 55(a)— FAVOURABLE CONDITIONS AND THE
HANDICAPS TO THE EMPLOYMENT OF TRACKING DOGS AND
DAILY ROUTINE TO BE OBSERVED AT POLICE KENNELS.
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 human beings 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
853
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 scent-bearing 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-
854
(a) grooming and exercising- in 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 dubparagraphs (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.
855
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.
856
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.
857
APPENDIX 55(b)— RESPONSIBILITIES OF OFFICER IN CHARGE OF
A STATION ON POLDOGS DETACHED TO THEIR STATIONS.
(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.
858
APPENDIX 55(c)— POLICE DOG HISTORY SHEET
NAME………………………………………………………………………
DESCRIPTION
Breed Colour Sex Date of Distinguish
Birth Marks
TRAINING
DETAILS
Type of Date Commenced Date Completed Trained by
Training
VETERINARY
HISTORY
Date Illness Date Treatment Date released
admitted to Sick from Sick Bay
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…………………..………………….
859
APPENDIX 55(d)— POLICE DOG UNIT: COMMANDANT
CIRCULAR NO.1/99. DUTIES OF DOG HANDLER ON
DETACHMENT.
(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.
860
CHAPTER 56—POLICE STATION MANAGEMENT
1. The Inspector-General shall, by notice in the Designated Police
station.
Gazette, designate an area to be a police station.
2. (1) The term Officer in-Charge of a police station Officer in- charge
of a police station.
means—
(a) an officer designated to superintend on all affairs
of a police station;
(b) any officer superior in rank to a station
commander;
(c) 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.
3. (1) A police station shall be the unit of police Functions of a
police station.
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.
861
4. (1) All active law enforcement police operations Centre for the
administrative and
shall be recorded in a police station or in police post, out command
post, and camp records in a given police station area that functions.
862
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. (1) The Officer-in-Charge of a police station shall Centre for
command
convene meetings in order to plan joint operations functions.
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. The functions of the officer-in-charge of a police Functions of
officer-in-charge
station shall be to ensure the— of a police station.
863
(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. In addition to the day-to-day administration of a Responsibilities of
the officer-in-
police station, a Station Commander shall be responsible charge of a police
for— station.
864
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
(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.
865
10. (1) The operation section shall have the following Operation section.
units‒
(a) the Crime Branch Unit which shall be headed by
a Chief Inspector or 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 an non-
commissioned officer or constable in small
stations and 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 Units, which may be headed
by an inspector or an non commissioned officers
to perform the following functions‒
(i) prevention of crime;
866
(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 Units 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 Units shall
constitute the reception office in which two
police constables shall be deployed, one as a
report office officer and the other as a stations
entry, and 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) In addition to the duties performed by the
sections provided under sub paragraph (1) the police
officers in a police station may perform other duties such
867
as court orderlies, guards to the very important persons
and bank escort.
11. (1) It shall be unlawful for a police officer to Prohibition
against torture or
subject any person to torture or other cruel, inhumane or cruel treatment.
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. (1) In the performance of the functions and Arrest and
detention rules.
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.
868
(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 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;
869
(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 related to security, or their
representatives and in cases of unannounced visits—
(a) officers responsible for the facility shall cooperate
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 the Standing Order 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 sub paragraph (1) commits an
offence.
13. (1) The officers in-charge of a police station shall Daily crime and
incidents reports.
dispatch to their Sub County Commanders not later than
870
at 0830hrs , on a daily basis, comprehensive reports on
offences—
(a) under the Penal Code;
(b) under the Anti-corruption and Economic Crime
Act;
(c) under the Sexual Offences Act;
(d) under Psychotropic Substance Control Act; or
(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 sub 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.
871
(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. (1) All returns shall be submitted regularly and Returns.
872
(xi) prisoners meals;
(xii) canteen cess;
(xiii) expenditure of ammunition; and
(xiv) warrants summons.
(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. 15.(1) A police officer shall— Obedience to
orders, warrants
and detection of
(a) obey and execute all lawful orders in respect of crimes.
the execution of the duties of office which he or
she may, from time to time receive from his or
her superiors in the Service;
873
(b) obey and execute all orders and warrants
lawfully issued;
(c) provide assistance to members of the public
when required to do so;
(d) maintain law and order;
(e) protect life and property;
(f) preserve and maintain public peace and safety;
(g) collect and communicate intelligence affecting
law and order;
(h) take all steps necessary to prevent the
commission of offences and public nuisance;
(i) identify offenders and bring the offenders to
justice;
(j) investigate crime; and
(k) apprehend all persons whom he or she is legally
authorized to apprehend and for whose
apprehension sufficient ground exists.
(2) A police officer who fails to comply with an
unlawful order shall not be subjected to disciplinary
proceedings.
16. The following procedures shall be observed in Power to compel
attendance of
procuring attendance by witnesses— witnesses at police
station.
(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 sub
paragraph (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
874
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) notwithstanding the provision of this paragraph,
the powers conferred by this Chapter shall be
exercised in accordance with Criminal Procedure
Code, the Witness Protection Act 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. (1) When a police Officer in-Charge of a police Power to search
without warrant in
station, or a police officer investigating an alleged special
offence, has reasonable grounds to believe that something circumstances.
875
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;
(b) if anything is seized under sub 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— Custody of
unclaimed
property.
(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 sub paragraph (2)(b) shall
describe the property and require any person who may
have a claim thereto, to appear before the magistrate or
876
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 sub paragraph (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. (1) In addition to the day-to-day administration of Responsibilities of
the police post
a police post, a post Commander shall be answerable to commander.
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;
877
(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. (1) A person who has been arrested by a police Procedure on
arrest.
officer without a warrant under the powers conferred by
sections 29, 30 and 37 of the Criminal Procedure Code,
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:
878
Provided that a suspect who has been detained shall
be brought before a Magistrate within twenty-four hours
after arrest or as soon as is practicable.
(5) 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.
(6) 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.
(7) 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.
(8) The custody station shall be notified of the need
to collect the suspect under paragraph (7) 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.
(9) 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.
(10) 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
879
(b) release the person when, after due police inquiry, no
sufficient evidence is disclosed on which to proceed
with the charge.
21. Where any request is made to a Sub-County Requests to Sub-
county
Commander of the respective Service, the Commander commanders.
shall, in conformity with the National Police Service
Regulations and the Standing Orders, provide adequate
police officers to a police station within a reasonable
time.
22. (1) A member of the Service who disobeys or Disobedience of
lawful orders.
fails to comply with lawful orders or who contravenes the
station standing orders, Service Standing Orders, any
relevant Regulations and 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 provisions of
this paragraph shall be made known to the officer who
raised the complaint and all complaints shall be acted
upon.
23. (1) A police officer shall, where necessary, notify Requests for
assistance.
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
sub paragraph (1), it shall be promptly provided in the
interest of justice and law enforcement.
24. (1) A police officer at a police station shall be Responsibility of
officers.
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. (1) Where criminal processes are commenced at a Commencement
of criminal
police post, outpost and other police offices, the police process at police
880
station shall provide the criminal register number (C.R) to posts.
881
(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.
(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 arrested by officers of
another Service or the Directorate unless authorized by
Deputy Station Commander, the APS Station officer or
the Directorate of Criminal Investigations officer in
charge at the station.
(6) A police officer releasing a suspect on bail or
bond shall satisfy himself or herself that the suspect shall
honour the bail or that there exists no sufficient ground to
continue detaining such an arrested persons.
29. (1) A police officer deployed in the Service and Access and
cooperation.
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) cooperate 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.
882
(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. (1) The police commanders within the Cooperation with
other entities.
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. Where a police officer from the post, out-post, Handing-over
procedures.
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. (1) The officer-in-charge at the station, posts, Services at police
stations.
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.
883
(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. For the purpose of section 40 of the National The National
Police Service
Police Service Act, 2011, all documents commonly used crest.
at the police station shall bear the National Police
Service crest.
34. The station commander’s decisions on all issues Station
Commanders to
pertaining to the care, custody and maintenance of decide.
suspects and the general maintenance of the cells shall
always prevail.
35. (1) A police officer shall not disclose Protection of
information.
information in his or her possession to a third party.
(2) The station commander shall handle all media
interviews.
(3) Under 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
884
(d) no information may be given to members of the
public which may sabotage actions of another
service or officer.
36. There is established a police station joint Establishment of
police station joint
operation committee under each designated police station operation
comprising of the following officers— committee.
885
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.
39. (1) The primary function of any police out-post, Police post or out-
post.
patrol base or unit base is the prevention of crime and all
officers-in-charge of out-post 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) Under the provisions of paragraph 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;
886
(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/her in
cases reported at the post;
(i) document post, out-post or patrol base standing
orders;
(j) coordinate the activities of the members of the
national police reserve;
(k) coordinate 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.
40. (1) A unit base shall be established under the Unit and
formation camps.
provisions of the section 23(d) of the National Police
Service Act, 2011.
(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.
887
(4) A unit camp commanders 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.
41. The officer in charge of the police station and Deployment of
the
the Ward Commander Administration Police Service Administration
shall work in consultation and coordination as may be Police Service in
the police
appropriate in the circumstances, in the management of station.
criminal cases and of arrested, detained or accused
persons in custody at the police station.
888
CHAPTER 57— PRIVATE USE OF POLICE
1. (1) Subject to section 104 of the National Police Authority to
deploy police
Service Act, 2011, the Inspector- General may, on officer for private
application by any person, station an officer for duty on purposes.
889
3. (1) The Inspector-General shall appoint a Review of rates.
890
CHAPTER 58—PUBLIC ORDER MANAGEMENT
1. (1) The Service shall ensure the protection of the Obligation of the
Service in
rights and fundamental freedoms of expression, association promotion of
and assembly, demonstration, picketing and petition. human rights.
891
APPENDIX 58— USE OF FIREARMS BY POLICE
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, 2011.
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.
892
CHAPTER 59—NATIONAL POLICE SERVICE RECORDS
1. The books and records listed in Appendix 59 (a) List of police
records.
shall be kept at County, Formations, Sub-County divisions
stations and posts as provided thereof.
2. (1) Police records shall be kept in accordance with Instructions for
keeping police
the relevant appendices to this Chapter or such other records.
instructions as are indicated in Appendix 59 (a).
(2) All records shall have the instructions for keeping
them printed on the inside covers.
3. (1) During the first quarter of each year, every Destruction of
records.
officer-in-charge of a Sub-County or similar formation
shall examine the records maintained in his or her
Headquarters, the police station and Sub-County under his
or her command to determine the destruction or disposal of
records which are no longer in use.
(2) When records maintained under sub paragraph (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 sub paragraph (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. (1) A police officer shall possess a Service Notebooks.
893
(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
894
(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. (1) A loose-leaf “Briefing file” shall be maintained Briefing file.
895
(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 cross- referenced 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.
7. (1) All charges under the Penal code, under section Charge register
(penal code cases
10 of the Stock and Produce Theft Act and under sections and cases under
3, 4 and 6 of the Prevention of Corruption Act, shall be local and special
laws).
entered in the Charge Register for Penal Code Cases.
Cap. 355.
(2) All charges under local laws shall be entered in the Cap. 65.
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.
896
(5) Entries under sub-paragraph (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.
897
(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. (1) Traffic Charge Registers shall be maintained Traffic charge
register.
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
898
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. (1) Civil warrants of every description such as civil Civil process
register.
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.
899
(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 sub paragraph (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
900
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 sub paragraph (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.
901
(19) The details on the proforma forwarded under sub
paragraph (18) shall be checked at Sub-County
Headquarters and a serial number shall entered on the top
left- hand 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 sub
paragraph (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
902
as to the reason for non- execution 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. (1) Every deposit of a firearm or ammunition at a Civilian Firearms
Register.
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. Columnmn 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
903
(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 sub
paragraph (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. (1) A Defaulter’s Register shall be kept at County, Defaulters
Register.
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;
904
(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, 2011 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
905
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. (1) A duty roster shall be maintained at all Sub- Duty Roster.
906
(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. (1) An Exhibit Register shall be maintained at all Exhibit Roster.
907
(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 sub paragraph (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.
908
(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. (1) Pursuant to section 2 of the Fire Inquiry Act, a Fire Inquiry
Register.
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.
Cap. 103.
(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. (1) A special leave roster shall be maintained at all Leave Register.
909
(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 Colunm 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, 2011, 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 sub paragraph (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 sub paragraph
(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
sub paragraph (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 sub paragraph (11) , a letter in the
form set out in Appendix 59 (g) should be addressed to the
auctioneer in triplicate.
910
(13) A copy of the letter under sub paragraph 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, 2011.
(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 sub paragraphs (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.
911
17. (1) A Pound Book shall be maintained at each Pound Book.
912
(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 sub paragraph (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 sub-paragraph
(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 sub
paragraph (12) the station or Unit Commander shall
personally record in the Occurrence Book the result of his
or her inspection.
913
(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. (1) Pursuant to the provisions of National Police Occurrence Book.
914
(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;
915
(c) cross-referenced 20/D and 10/D.”
(16) When the two entries under sub paragraph (15)
occur on different days, the letter “D” would be replaced
by the date and the month.
(17) When the two entries under sub paragraph (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 cross- referenced to the initial
report and no names shall be added to the initial accident
report.
19. (1) Patrol Books and Patrol Registers shall be Patrol books and
patrol registers.
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
916
(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. (1) If, as a result of the investigation of a case, the Register of
wanted persons.
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 sub paragraph (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).
917
(7) Full particulars of wanted persons, as detailed in
sub paragraph (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 sub paragraph (14) shall not
warrant the close of the Register of Wanted Persons.
21. (1) All summonses requiring attendance of Summons Book.
918
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. (1) Every arrest or search warrant issued by a Warrant book.
919
(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.
920
Appendix 59(a): Books and records to be kept at county formations, sub county divisions stations and posts
Record To be kept at all stations posts Instructions for Period to be kept after Methods of disposal
outposts unit and unit bases and keeping date of last entry
Traffic Sections
Accident register -do- Chapter 59 5 years Destroy
Accident files -do- -do- -do- -do-
Arms movement register County /Sub-County/Formation, Cap 14 One year -do-
Stations and post outposts, bases and
unit bases including border posts
Bank pay-in books Where applicable 1 ½ years Destroy after obtaining
County/Formation
commanders authority
Bicycle/Motorbike history Where bicycles/motorbikes are on Cap 76 Permanent during life of
sheet charge the bicycle
Briefing file All police establishments and 999 Chapter 59 Destroy when redundant
control rooms
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 Destroy after obtaining
been audited authority of chief
Accountant
Cells register Stations and posts/ outposts, bases Chapter 59 5 years Destroy
and unit bases including border
control posts
Charge register Stations and D.C.I -do- 5 years Destroy
Penal code Formations -do-
Petty Stations -do- 5 years Destroy
Traffic All traffic Formations 5 years Destroy
Case files and completed
Penal code file other Pending Stations and D.C.I and Formation -do- 5 years with as per Destroy.
Arrest of Known Accused -do- Permanent PAKA to be dealt with as
per Appendix 65 or
paragraph (b)
921
Murder manslaughter
treason, rape and causing Stations or traffic sections 2 years
death under the Traffic Act -do- Destroy
cases not yet tried.
923
Local Purchase order books County/Formation, sub-county -Cap 39 2 years subject to having Destroy after obtaining
(station as may be authorized by the been audited authority from
county/formation commander county/Formation
commander
Delivery book Where applicable - 1 year Destroy
Official receipt book County/Formation Cap. 39 1 year subject being Destroy after obtaining
Sub-county and police stations audited authority from
Chief/county accountant
Motor vehicle/power Where applicable/power plant to take Cap.36 Permanent during life of
plant log books charge 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 establishment 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 1 year subject to having Destroy after obtaining
instructions been audited authority from
County/form commander
Pound book Where applicable Cap 59 2years Destroy
Detainees meal book Stations, sub-county, outposts and Cap 15 2 years Destroy
posts including boarder control posts
Detainees cash register Stations Accounting 2 years subject to have -do-
instructions been audited
924
Detainees property book Stations and posts, outposts including Cap 15 1 year subject top have Destroy after obtaining
boarder control posts been audited approval from
County/chief accountant
County standing orders Headquarters of the county/ formation Cap 64 Permanent
concerned and all sub-counties,
stations, posts, outposts and formation
within the command
County weekly order/part All counties, formations, sub- Cap 69 5 years Destroy
one order counties, stations, posts, within the
county /formation
Register of registered Where applicable- - 5 years Destroy
correspondents
Register of counterfoil Where applicable Cap 39 5 years subject to a Destroy after obtaining
receipt books certificate signed by the approval from
Exchequer and auditor County/formation
that the entries are commander
correct
Register of outgoing Trunk Where a post office telephone is Cap 56 Until audited Destroy
calls installed
Telephone charges register County/ Formation, sub-county Accounting 3 years Destroy after obtaining
headquarters instructions authority of
County/Formation
commander
Traffic ticket book Traffic section, stations and sub - 2 years -do-
county
Traffic Charge Register -do- Cap 59 5years 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 -do-
been audited
Sick register Sub-county, Stations/posts, outposts -Cap 68 1 year Destroy
including boarder control posts
925
Stations standing orders Sub-county, stations posts, and Permanent
outposts Cap 64
Stores ledger Where applicable Cap.70 3 years subject to having Destroy
been audited
Receipt/ issues voucher etc Where applicable Cap.70 3 years subject to having Destroy
been audited
Summon books Station and established process Cap 59 3 years Destroy
sections
Vote ledger Where applicable Cap.39 1 year Destroy after obtaining
authority from
county/formation
commander
Water charges register County, Sub-county/Formations Chap 39 1 year subject to having Destroy after obtaining
been audited authority from
county/formation
commander
Warrant book Stations and established process Cap 59 3 years Destroy
sections
Workshop (communication) Communication workshop Cap 36 1 years Destroy after auditing
job sheet
926
Appendix 59(c): Additional expenses
(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 —
Appendix 59(d): Annual abstract form
Pending Received Served or Returned Pending at
from during executed to court end of the
previous year during unserved year
year year
Summons,
Notices, Decrees,
Warrant of
Arrest,
Distress,
Warrants,
Attachments e.t.c
Establishment
Strength
927
Appendix 59(f): Index letters
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.
928
Appendix 59(g): Letter to the auctioneer on sale by public auction
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
929
Appendix 59(h): Particulars of wanted person
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 Register.
930
CHAPTER 60—RECRUITMENT, APPOINTMENT
AND ENLISTMENT
1. The object and purpose of this Chapter is to ensure Object and
purpose.
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, 2011;
(b) the National Police Service Commission Act,
2011;
(c) Leadership and Integrity Act; and any other
relevant law.
3. (1) A person may be recruited to serve in the Entry into the
Service.
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.
931
4. (1) The Commission shall be responsible for the Recruitment of
civilians in the
recruitment for all positions within the National Police Service.
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. All candidates shall be required to meet the Entry
requirements.
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
932
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. (1) Where there is a vacancy, the Commission Recruitment
procedure.
shall, in collaboration with the Service, advertise using
internal mechanisms.
(2) The advertisement under sub paragraph (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 short list 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.
933
(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. The successful candidates shall report to the Reporting.
934
(2) If, upon review of the returns and of the entire
recruitment process as required under sub paragraph (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 sub paragraph (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
935
9. (1) The Commission shall publish the list of Publication of
names of recruited
successful candidates after the recruitment process, in the candidates.
local dailies or any other available media.
(2) The publication referred to in sub paragraph (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 sub paragraph (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. The appointment of members of inspectorate and Appointment of
Inspectorate and
junior officers shall be governed by the provisions of the Junior Officers.
National Police Service Commission (Recruitment and
Appointment)Regulations, National Police Service Act,
2011, Service Standing Orders, Code of Conduct or any
other written law.
11. The National Police Service Commission, on Direct entry
Inspector.
recommendation of the Inspector-General, may directly
appoint or recruit suitably qualified officers as inspectors
into the service.
12. (1) The National Police Service Commission, on Direct entry as
Sergeant, senior
recommendation of the Inspector-General, may directly Sergeant or
appoint or recruit suitably qualified officers as Senior Corporal.
Sergeant, Sergeant or Corporal into the service.
(2) A recruitment contemplated under sub paragraph
(1) may only be made in exceptional circumstances and the
Commission shall, in each particular case, determine the
qualifications and experience.
936
13. Where a candidate for any position in the Service Lower standards
accepted in certain
demonstrates outstanding qualities or skills, a slightly lower instances.
standard of physique than that defined in the conditions of
enlistment may be accepted with the approval of the
Commission.
14. Retired or discharged National Police Service Enlistment of Ex-
Police or Ex-
officers or other applicants with previous police or military Military.
service shall not be enlisted without authority from the
Commission.
15. (1) All candidates shall be medically examined by Medical
Examination.
a Government Medical Officer at the respective center of
recruitment.
(2) The examination referred to in sub paragraph (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. (1) The fingerprints of all selected applicants shall Fingerprints of
recruits.
be forwarded to the Principal Criminal Registrar for
classification and certification.
(2) A criminal record report in relation to sub
paragraph (1) shall be forwarded to the Commission.
17. (1) On arrival of trainees at the respective police Service registers.
937
(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. The spouses of trainees shall not be allowed to Trainees not to be
accompanied by
accompany their spouses at the police training institutions. their spouses.
938
(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 sub paragraph (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. The terms and conditions of service shall include Terms and
conditions.
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. (1) Where a need arises for an urgent filling of a Appointment in
acting capacity.
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.
939
26. A police officer may leave the Service only by the Leaving the
Service.
modes prescribed under the National Police Service Act,
2011 or the Service Standing Orders.
27. A police officer whose period of service expires Retention in
Service.
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. A police officers may join an international police Membership of
International
association in accordance with rules made by the Inspector- Organizations.
General.
29. (1) The Commission shall— Training policy
and Curriculum.
(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. Examinations and Promotions in the Service shall Examination and
Promotions.
be in accordance with Examinations and Promotions Order
in these Service Standing Orders.
940
CHAPTER 61: RELATIONS WITH DIPLOMATIC
CORPS IN KENYA
1. Representatives of foreign missions and Handling of
offences by
governments in the event of an offence committed within representatives of
Kenya shall be handled in accordance with these Standing foreign missions.
Orders, regulations and manuals as may be issued from
time to time.
2. (1) Accredited diplomats and certain Immunity from
civil or criminal
representatives of the United Nations Agencies are immune jurisdiction.
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. (1) Where the police are notified that a diplomat Offences by
diplomats.
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. (1) No court proceedings shall be instituted against Diplomats’
families or other
a diplomat, a member of the technical or administrative technical or
staff of a foreign mission or a member of a family of a administrative
staff of the
diplomat for any incident, in which he or she may be an mission.
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.
941
5. Kenyan citizens employed by foreign missions do Kenyan Nationals.
942
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. (1) Notwithstanding Articles 29 and 31, a person Inviolability and
diplomats’
who is known or identifies himself or herself as a diplomat immunity from
or otherwise entitled to diplomatic immunity and is found criminal
jurisdiction.
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
943
such incidents as mentioned in sub paragraph (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. (1) The premises of the Missions are inviolable Inviolability of
Mission.
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. (1) The Police may not enter the residence of a Inviolability of
diplomats’
diplomatic agent except at the request of the diplomat or residence.
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. (1) Where through a traffic accident, theft or other Inviolability of
mission archives
incident, documents or other official papers of a Mission and documents.
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.
944
(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. (1) A Police officer shall retain all prohibited Prohibited
articles.
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. (1) There shall be special restrictions on the Movements of
diplomats.
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 sub-paragraph (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
945
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. (1) The agent of the Kenya Government which Freedom of
communication.
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 Co-operation to do so and only in the
presence of an official of the Mission concerned.
15. (1) Where a notification of a Traffic offences or Violation of
traffic laws.
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.
946
(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. (1) A foreign national or member of the diplomatic Political asylum.
947
APPENDIX 61A— ARTICLES OF VIENNA CONVENTION ON
DIPLOMATIC RELATIONS HAVING THE SERVICE OF LAW IN
KENYA
ARTICLE 1
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.
ARTICLE 22
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.
948
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.
ARTICLE 23
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.
ARTICLE 24
The archives and documents of the mission shall be inviolable at any time
and wherever they may be.
ARTICLE 27
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.
949
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.
ARTICLE 28
The fees and charges levied by the mission in the course of its official
duties shall be exempt from all dues and taxes.
ARTICLE 29
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.
ARTICLE 30
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.
ARTICLE 31
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;
950
(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.
ARTICLE 32
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.
ARTICLES 33
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
951
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.
ARTICLE 34
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.
ARTICLE 35
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.
ARTICLE 36
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;
952
(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.
ARTICLE 37
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.
953
ARTICLE 38
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.
ARTICLE 39
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.
954
ARTICLE 40
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
955
APPENDIX 61B— DETAILS OF IDENTITY CARDS ISSUED TO
FOREIGN DIPLOMATS
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
956
APPENDIX 61D:
REPUBLIC OF KENYA
TRAVEL PERMIT
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.
957
CHAPTER 62—REPORTS AND RETURNS ORDER
1. (1) Respective Service Headquarters shall issue a Annual Reports.
958
6. (1) Officers-In-Charge of Police Stations and Sub- Daily crime
reports.
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.
959
7. (1) Matters of major importance shall be reported Reports of Major
Importance.
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. (1) Crime and incidents reports shall be released Withhold release.
960
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. On receipt of the Daily crime and Incident reports Summary of Daily
Crime & Incident
from County or Formation, Staff Officer (operations) in the Reports.
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. (1) On receipt of “flash’ and verbal reports Issue of “Flash”
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. (1) The Officer in Charge of the Formation shall Returns.
961
(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. A member of the Service shall submit all Timeliness of the
reports.
necessary reports on time and reports shall be completed in
accordance with report writing procedures issued by the
Service.
14. (1) A member of the Service shall not knowingly False reporting.
962
(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.
963
CHAPTER 63: RULES FOR THE NATIONAL
POLICE SERVICE RIFLE MEETINGS
1. (1) The Inspector-General shall, with Meeting.
964
(3) The Range Council shall be the final body of
appeal in all matters of dispute.
3. (1) The Rules governing a rifle meeting shall be— Rules and
Regulations.
(a) the
regulations, including Appendices, which are of ge
neral 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. (1) The butt markers shall be provided by the Butt Party.
965
(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. (1) Except in open competitions, only the rifle Service Rifle.
966
(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. Only Service ammunition issued at the meeting Service
Ammunition.
shall be used.
12. (1) The word “pistol” means all types of hand- Pistol and their
Ammunition.
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
967
(e) semi-Automatic pistol Minimum 4 lb.
(4) The only alterations permitted are to the foresight
and changing of the butt.
13. Larger or smaller than the standard size butt- Butt Plate
be allowed.
(2) Sights may be blackened or whitened, but not
coloured, and shall be adjusted using a string.
15. (1) Particulars of the various targets shall be as set Targets, Markings
and Scores
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;
968
(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. (1) A ricochet shall be recorded as a miss. Ricochet.
969
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. (1) All Competitors shall wear the range dress, Dress or aids to
Shooting
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”.
970
(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
971
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. (1) When at the firing point, a competitor shall Conduct of
Shooting
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.
972
(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. (1) All firers attending the rifle meeting will on a Safety
Precautions.
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
un-charging magazines and while loading and unloading,
the muzzle of the firearm must be towards the target.
973
(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. (1) The firearm magazine of every competitor Inspections of
Firearms and
shall be inspected by or on behalf of the Range Officer Magazines.
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. (1) A competitor shall submit his or her firearm Testing the
Trigger.
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.
974
(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. (1) Sighting shots may be fired when expressly Sighting Shot.
975
(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. (1) In all deliberate rifle competitions, the time Timing allowance.
976
27. (1) Any claim or complaint arising at a firing point Protests.
977
(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. (1) No allowance shall be made for a misfire or Defective
ammunition and
any shots not fired owing to any defect in or failure of a firearm.
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. (1) If in the opinion of the Range Officer any Target mishap.
978
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. (1) All firing shall be in the standing position and Pistol
competition.
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.
979
(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 semi- automatic 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.
980
(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) semi- automatic, 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—
981
(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;
982
(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 sub- machine 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. (1) A shooting-off a tie shall be conducted as Shooting Off.
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 sub-paragraph (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
983
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.
(3) 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. A competitor who— Penalties.
984
(d) intentionally fires at the wrong target;
(e) fires or attempts to fire more than the number of
shots allowed under sub-paragraph (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. (1) A competitor who— Exclusion from
further
(a) discharges a firearm, or is found with a loaded competition
during the
fire arm, except on the firing point within the meeting
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,
985
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. (1) A prequalification shoot shall be conducted Prequalification.
986
count.
8 Small Snap
Shooting
987
Falling Plates
988
APPENDIX 63(b)— FALLING PLATES
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
xxxx
No. 4 seed
xx
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.
989
E.G. The draw with 17 teams (15 byes-eight at the top and seven at the bottom) will be:-
990
COMPETITION 1 MEN – UTUMISHI CUP.
Entries - One team of Ten officers
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 - 50 marks per firer.
PRACTICE 2
(SNAP)
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)
991
HPS - 50 marks per firer.
PRACTICE 3
(RAPID)
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 appearance
of 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)
992
or sitting positions. Firers will remain in the position
from which they fired
until 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 fire 4(four) rounds; two (2)
at each target in the Standing Position.
Separate pairs of Fig. 11/59 target will be exposed for
each range and only two (2) hits on each target of each
pair will count. Safety catches must be applied
all the time before firer runs to the next firing point.
993
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-at-
ease. 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. Competitors 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
994
Procedure - In the aim, no trial exposure. One exposure of 15
seconds.
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 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, the firer will run to 100m firing point, adopt
standing position 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
Composition - Open to all ranks
PRACTICE 1
995
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.
12/59 which will be signaled. After the sighter, the
competitors will remain in the AIM POSITION.
After the command “WATCH YOUR
FRONT/WATCH AND SHOOT”, A whistle will
be blown as a signal to engage the plates which will
be exposed for 10 seconds. Any team which will
not have cleared its plates within that time will not
shoot at the Fig. 12/59 which will be exposed for 15
seconds followed by Fig. 11/59 which will also be
exposed for another 15seconds.
996
for appropriate time, the competitor to fire 5
rounds at
each target
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 - 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
- 4 Constables
PRACTICE 1
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
997
stand-at-ease position. On the appearance of the
target, they will adopt
prone position and fire 5 rounds on fig 11/59 and
then
reload with a magazine of 5 rounds and fire at
fig.12/59. Each target to be exposed for 15
seconds. No more than 5 rounds per target.
Magazine must not be taped.
998
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
All teams must cease firing at the lapse of 2 minutes.
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
999
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 shots - 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
1000
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 to 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 10 (Per Team) = 1650
1001
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
ranks
PRACTICE 1
Distance - 45M
Target - Fig. 11/59
No. of shots - 10 rounds
1002
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 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.
1003
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
1004
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
1005
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
1006
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 they will reload. 30 seconds after
the disappearance of the targets, the 2nd practice
will
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
1007
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.
1008
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
(Rapid)
PRACTICE 1
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 to 200m in 20 seconds after the blow of the
whistle where the targets will appear for 1minute 55
seconds. They will assemble their firearms, charge
their magazines with 20 rounds, load, make ready
and engage the 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 to 200m in 15 seconds after the blow of the
whistle where the targets will appear for 95 seconds.
They will assemble their firearms, charge their
1009
magazines with 20 rounds, load, make ready and
engage the targets in appropriate time.
Scoring - Bull-5 and Inner-4 marks
HPS - 100 marks per firer
Total Possible Score per team - 800marks
PRACTICE 1 (Rapid)
Distance - 300m
Target - Fig. 11/59
No. of shots - 2 sighters and 10 to count.
Position - Prone
Procedure - After completion of the two sighters competitors will
apply safety catches and stand at ease. The range
officer will then give the command WATCH YOUR
FRONT…..WATCH AND SHOOT and as soon as
the targets appear they will adopt prone position and
commence firing. Targets will be exposed for 30
seconds only. On completion, the firers will unload,
working parts are at the rear, run to the 200 metres
firing point, reload. The 2nd practice will commence
30 seconds after the disappearance of the 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
1010
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 will unload, ensure working parts
at the rear and stand at ease. Two magazines
charged with 5 rounds each will be placed on
the ground. From stand at ease position the
range officer will give the command WATCH
YOUR FRONT ….. WATCH AND SHOOT
and on the appearance of the targets
competitors will adopt prone position, load
their rifles with a magazine of 5 rounds make
ready and engage the targets. After the
completion of the first magazine, the
competitor will reload with the second
magazine of 5 rounds and engage the target for
appropriate time, and after the disappearance of
the targets run to 200m in 25 seconds with their
working parts at the rear.
Scoring - Bull-5 and Inner-4 marks
HPS - 50 marks per firer
1011
seconds each 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
3 seconds each at irregular intervals of at least
5 seconds spread over 3 minutes. Only ONE
TARGET will be exposed any where over a
front of 50ft i.e (5x4ft target spacing). Each
team member will fire 1 shot at the same target
during each exposure.
PRACTICE 2 (Snap Shooting)
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
1012
Target Fig. 12/59
Position - Prone
Procedure - On the aim. No trial exposure. 10 exposures
of 3 seconds each at irregular intervals of at
least 5 seconds spread over 3 minutes. Only
ONE TARGET will be exposed any where
over a front of 50ft i.e. (5x4ft target
spacing). Each team member will fire 1 shot
at the same target during each exposure.
Scoring - Bull-5 and Inner-4 marks
HPS - 200 marks per firer
1013
target during each exposure.
Scoring - Bull-5 and Inner-4 marks
HPS - 200 marks per firer
1014
COMPETITION 26 (INVITATIONAL FALLING PLATES)- WAGENI
CUP
Entries - One team of 4 from invited teams as per Para 9 of
the rules.
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.
1016
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.
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.
1017
CHAPTER 64— SERVICE ADMINISTRATIVE
ORDERS
1. (1) The procedure to be adhered to in regards to Service Orders
procedure.
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
1018
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.
2. (1) Awards and commendations shall be made by Awards ,
commendations
the Inspector-General on the recommendation of the and monetary
respective Deputy Inspector Generals and shall be rewards .
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;
1019
(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 .
3. (1) County weekly orders shall be published by the County Weekly
Orders.
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);
1020
(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.
4. Kenya Gazettes for each year shall be neatly filed in Kenya Gazette.
1021
(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.
7. The following books shall be personal issue to— Issue of
instructional
(a) all officers-the pamphlet, riot drill and training; books.
1022
CHAPTER 65: SERVICE ARMOURERS BRANCH
1. (1)The Chief Service Armourer shall be Functions of the
Chief Service
responsible for and report to the Deputy Inspector-General Armoirer.
on all matters of the Branch touching on organization,
administration, selection and training of personnel
selection, inspection, storage and repair of items listed in
sub-paragraph (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. (1)The Chief Service Armourer shall be based at Organization
Circuit Team.
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;
1023
(b) Directorate of criminal Investigations – Mazingira;
(c) Anti- stock 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.
1024
(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. Armouries Circuit Teams and workshops shall be Attached
formations and
responsible for the repair of arms and equipment of Personnel.
formations and personnel temporarily attached to their area
of responsibility.
4. (1)The Base workshop shall carry out a complete Service Central
Arms Workshops.
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. The Kenya Prison Services and other Departments Kenya Prisons and
other departments.
shall collect and forward their weapons to or from the
Service’s Central Arms Stores, through their respective
main Headquarters.
6. All issuance of arms, ammunition, riot equipment Service Central
Arms Stores.
and accessories shall be as directed by the Chief Service
Armouries.
7. The Armouries Training School based at the Armouries
Training.
Central Arms Workshop shall be responsible for manpower
development in the Branch.
1025
8. The Armouries Branch personnel shall, for Local
Administration.
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. (1) A police officer-in-Charge of an Armouries Inspection
Frequency.
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. (1)Every inspection shall be the subject of an Inspection
Reports.
“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. When arms are classified as either unserviceable Arms
condemnation.
or as beyond local repair facilities, the inspecting officer
1026
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. (1)The Inspecting armourer shall clearly label all Disposal of
condemned arms.
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. Weapons condemned at the respective Service Procedure for
items classified
Central Arms Workshops as beyond “economical repair” as “beyond
shall be returned to the Service Central Arms Stores to be economical
retained for subsequent Board of Survey action. repair”.
1027
(2) A small Arms-Neglect and Misuse Report shall be
submitted to the Formation Commander.
16. On receipt of the Armouries report, the County or Action at County
or Formation
Formation Commander shall take necessary disciplinary Headquarters.
action on the officer responsible, if required, and such
disciplinary action shall be reported to Chief Service
Armourer for recording purposes.
17. Only qualified armourers of the authorized Persons
authorized to
establishment of the Service armoury section shall be repair arms.
authorized to repair weapons.
18. (1) Officers-in-Charge of Circuit Teams shall Reports on
unauthorized
report any breach of orders to the Chief Service Armouries tampering.
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. Armourers shall at all times observe the standard Safety precaution.
safety precautions prior to the examination or repair of any
firearm.
20. Armouries Stores accounting shall be carried out Stores accounting
for Armouries.
in accordance with the Stores Accounting Instructions
Armouries and “Q” Stores Accounting Instructions Details.
21. An Officer-in-charge of a Circuit Team or any Transport of
Weapons.
other member of the Service Armouries establishment shall
not transport any weapons unless adequately escorted.
1028
CHAPTER 66: SERVICE WELFARE
1. (1) The general comfort of officers in their Field of welfare.
1029
6. (1) A Police Officer of or above the rank of a Transport for
organized
Chief Inspector may permit the use of police vehicles, or recreation.
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. A retired police officer, with a honorable discharge Ex-officer
wishing to be
from the Service, and has maintained a good character assisted in seeking
wishing to be assisted in seeking a civilian employment, or employment.
1030
APPENDIX 66 (a): THE POLICE CANTEEN RULES
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.
1031
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.
1032
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
1033
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 Ksh. 12.50; or
(e) chief Inspector Ksh.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.
1034
(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 sub-county 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.
1035
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.
1036
ANNEXURE
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.
1037
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
1038
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 the )
(Administrative Officer)
Government of the Republic of Kenya by the said:…..................)
In the presence of :………....................... )
Signed by the said )
(Contractor)
In the presence of :……………. )
1039
APPENDIX 66 (b): POLICE LEAVE CENTRE RULES
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.
1040
(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
1041
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.
1042
APPENDIX 66 (c): THE NATIONAL POLICE SERVICE MESS
RULES
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
1043
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
1044
(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.
1045
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
1046
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 bye-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;
1047
(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
1048
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.
1049
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
1050
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.
1051
APPENDIX 66 (d): THE NATIONAL POLICE SERVICE
MALINDI/DIANI LEAVE CENTERS- RULES
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 [email protected].
(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.
1052
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.
1053
APPENDIX 66 (e): WELFARE VOTE - EXPENDITURE
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,
1054
(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.
1055
APPENDIX 66 (f): WELFARE CANTEEN STORES
(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.
1056
(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.
1057
(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.
1058
APPENDIX 66 (g): MESS EQUIPMENT – TRAINING
INSTITUTIONS MESS
(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
1059
(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.
1060
(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.
1061
APPENDIX 66(h)
THE NATIONAL ASSOCIATION OF RETIRED POLICE OFFICERS
KENYA
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
1062
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.
1063
CHAPTER 67 SEXUAL VIOLENCE AND
HARASSMENT
1. Matters relating to sexual violence and harassment Scope.
1064
3. Where a police officer or a member of the Service Proof of sexual
violence or
is charged with a sexual offence, it shall be necessary to harassment.
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. (1) A police officer or member of the Service who, Sexual offences
relating to
being in a position of authority, within any police premises position of
or working environment— authority and
persons in
(a) takes advantage of their position and induces or position of trust.
1065
(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.
1066
6. (1) The procedure for reporting offences related to Procedure for
reporting sexual
discipline shall with necessary modifications apply to violence and
reporting of sexual violence and harassment. harassment.
1067
(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. (1) The Service shall organize regular training Training and
sensitization of
sessions for police officers for purposes of training and officers on sexual
sensitization in matters relating to sexual offences. violations.
1068
CHAPTER 68— SICKNESS, INJURY OR DEATH OF
A POLICE OFFICER
PART I—SICKNESS
1. Where a Police officer is off duty on account of Procedure in case
of sickness.
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. In case of a serious injury— Serious injury.
1069
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. (1) In accordance with the Eight Schedule of the Venereal disease ,
HIV/AIDS.
National Police Service Act, 2011, it is an offence to No. 11A of 2011.
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.
PART II—INJURIES
4. (1) In cases of accidents to personnel including Accident to police
officers.
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.
1070
PART III- DEATH
5. (1) On the death of any Police Officer from any Notification of
death of police
cause— officer.
1071
(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.(1) The Sub-County Commander, after ensuring that Funeral of police
officers.
the Births and Deaths Registration Act and section 385 of Cap. 149.
the Criminal Procedure Code have been complied with, Cap. 75.
1072
(2) If a police officer dies otherwise than in the course
of duty, the funeral expenses shall be charged against the
estate.
9.(1) The County or Formation Commanders shall be Memorials.
1073
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. (1) The respective Service Roll of Honor shall be Roll of honour.
1074
(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
1075
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. All accurate records of all police next of kin shall Next of kin.
1076
(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”;
1077
(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—
1078
(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. The procedure for laying wreath shall be done Procedure for
laying wreath.
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. (1) The firing party and Bearer party shall wear the Dressing at
funerals.
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.
1079
Appendix 68: Proforma For Reporting Accidents To Officers
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
1080
CHAPTER 69— SPECIAL POLICE OFFICERS
1. (1) A special police officer shall be appointed in Certificate of
appointment.
accordance with section 72 of the National Police Service No. 11A of 2011.
Act, 2011.
(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. (1) A special police officer shall be subject to the Discipline.
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. The National Police Service Commission shall Notification to
Service
forward to the Service Headquarters a list of names and Headquarters.
addresses, nationality or tribe of appointed special police
officers within thirty days after an appointment is made.
4. (1) The National Police Service Commission shall, Termination or
discharge of a
in writing, discharge or terminate the appointment, as the special police
case may be, and shall subsequently issue a letter of officer.
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. (1) The Inspector-General shall deploy a special Deployment of
Special police
police officer according to his level of competency. officers.
(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.
1081
CHAPTER 70— STORES
1. The Service Quartermaster shall report to the Responsibilities of
service quarter
respective Deputy Inspector-General all matters affecting master.
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) service as a member of the National Police Service
Uniform Committee.
2. (1) The stores of the Directorate of Criminal Directorate of
Criminal
Investigations shall be managed from the headquarter of the Investigations
Directorate. Stores.
1082
equipment, arms and ammunition and deal with
any other “Q” matters and submit copies of reports
to the County or Formation 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. (1) The Service Central Stores shall be held at the Organization of
the National
national level in Nairobi. Police Service
Stores.
(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—
1083
(a) No.1 Sub-Depot, Nakuru- all Counties of the
former Rift Valley region excluding (Kajiado and
Laikipia County);
(b) No. 2 Sub-Depot, Ruringu, Nyeri - all Counties of
the former Central region and Laikipia (excluding
Kiambu Sub-County);
(c) No. 3 Sub-Depot, Embu - all Counties in former
Eastern region (excluding Kitui and Machakos
Sub-County);
(d) No. 4 Sub-Depot, Kisumu - all Sub-County in
Nyanza County;
(e) No. 5 Sub-Depot, Mombasa – all Counties in the
former Coast region and the Kilindini and
Mombasa Airport Sub-County;
(f) No. 6 Sub-Depot, Nairobi -Traffic Department,
Kenya Police Airport Unit, Railways Police, Anti-
Stock Theft Unit, Criminal Investigation
Department, Police Dog Unit, Machakos, Kitui,
Kiambu and Kajiado Sub-County;
(g) No. 7 Sub-Depot, Kakamega - all Counties in the
former Western region; and
(h) No. 8 Sub-Depot, Garissa - all Counties in the
former North Eastern region.
(5) The General Service Unit, Kenya Police College
and Nairobi County shall submit their demands to the
Service Central Stores at Nairobi.
5. (1) The Administration Police Central stores shall Organization of
the Administrative
be based at Administration Police Training College at Police Service
Embakasi. stores.
1084
6. (1) The County or Formation Commander in whose Administrative
responsibility of
area the Sub-Depot is situated shall supervise the sub- depot
personnel, on the routine administration and personnel 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
channeled 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 Quartermaster for further action.
(6) The transfer of Sub-depot personnel shall be a
matter for the respective Service Quartermaster 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 channeled through the
County or Formation Commander concerned, and not
directly to individual officers.
(7) A leave application by Sub-Depot personnel shall
be channeled through County or Formation Commander to
respective Service Quartermaster for approval.
(8) All leave and transfer of Sub-depot personnel shall
be published in the County or Formation weekly order.
7. (1) A personnel holding stores shall be conversant Personnel holding
stores to be
with the “Q” Stores organization and procedures. conversant with
stores procedure.
(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.
1085
8. (1) All Government stores issued to a County or Stores to be taken
on ledger charge.
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 Armories
Branch Order in these Standing Orders.
9. (1) An accounting unit shall be an accounting unit Accounting unit.
1086
(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. The ledgers shall be used by accounting units for Unit stores
ledgers.
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 arid 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
1087
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. (1) A non-accounting unit which holds stores on Station inventory
books.
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 show 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. (1) This standing order shall provide for Personal issues
clothing and
restrictions on personal clothing and equipment which must equipment.
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 stocks of clothing and equipment for personal
issue shall not be held in Sub-County.
(4) An Officer in Charge of a police station or ward
commander requiring clothing for exchange or initial issue
shall prepare three copies of Form Q.M. 3 and dispose them
in accordance with the instructions on the front cover of the
book.
15. (1) An unserviceable article of uniform and kit Unserviceable
clothing and
withdrawn shall be clean and shall be collected and withdrawn kit.
forwarded through the Sub-County or Police Station to the
Sub-Depot under cover of a voucher Form Q. M. 3.
1088
(2) The unserviceable articles under paragraph (1)
shall be disposed of in accordance with the instructions on
the front cover of the book.
16. (1) A personal kit card shall be prepared for all Personal kit card.
1089
(b) that are worn out or unserviceable beyond repair
shall be returned to the returned stores department
of the Sub Depot Stores by normal voucher action,
where arrangements shall be made for them to be
boarded and repairable items shall not be returned,
but shall be repaired from funds allocated annually
on authority from the respective Service
Quartermaster.
21. (1) An indent shall be submitted by Sub-County to Indents (demand
and issue
their “QM” Stores on the dates which are allocated to them vouchers).
and shall be correctly numbered and recorded.
(2) An Article shall only be issued on repayment
under the conditions laid provided under paragraph 39(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 and care
shall be exercised when stores are received, that the
triplicate copy of the indent is receipted and returned
immediately to the Service Central Store or Sub-Depot to
support their ledgers.
(4) An indent from non-accounting units to accounting
units shall similarly be signed by the 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. (1) The Officer-in-Charge of a Sub-County or Clothing and
equipment
Police Station or their Deputies shall be superintend, issuing, marking
personally, the issuance of clothing and equipment and and numbering.
1090
23. (1) An article of clothing or equipment issued by Clothing and
equipment general
Government to any member of the Service shall not be instructions.
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 Sub-County 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,
willfully 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, 2011:
Provided that formal write off authority shall be
obtained from the Respective Services and directorate No. 11A of 2011.
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.
1091
(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
No. 11A of 2011.
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 pursuant to section 92 of the National Police Service
Act, 2011 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 exceed the stated period of “life, until it
becomes unserviceable.
24. (1) The economic use of stationery and police Stationery and
police form.
uniform to ensure accommodation within the budgetary
allocation shall be observed at all times.
(2) An 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. (1) The following accountable documents shall be Accountable
documents.
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;
1092
(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, there shall be
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—
1093
(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 manner, 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. (1) Safe keys shall be retained in the careful Safety measures.
1094
(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. (1) The security of a safe or cash box shall be Security of safes
and cash boxes.
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 shall 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;
1095
(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; and
(e) instructions shall be issued from the respective
Service Headquarters for the recovery of any loss
incurred by the Government.
1096
through the Sub-County or Formation
Commander, who shall prepare a payment
voucher.
29. (1) A tent shall be pitched once a month, for Tent care.
1097
(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. All stores, arms, office equipment and animals Stores annual
check.
,including dogs, 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. (1) The stores listed under paragraph 31(2) shall be Procedure for
annual check.
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 P.RO Nairobi County;
(d) Kenya Police College Stores the Commandant
Kenya Police College;
(e) General Service Unit Stores the Director General
Service Unit;
(f) Anti-Stock Theft Unit Stores the Commandant
Anti-Stock Theft Unit;
(g) Administration Police Training College Stores the
Commandant Administration Police Training
College; and
(h) Administrative Police Units or Training Institution
Stores the respective Commandants.
1098
(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. (1) A Board of Survey shall physically check Action on finds of
board.
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 Staff 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. A police motorcycle on charge to a police station Bicycle,
Motorcycle, Quad
shall be cleaned, oiled and adjusted, and shall be inspected instruction.
at least once a week by the Officer-in-Charge of the police
station on a monthly basis, by the Officer-in-Charge of the
Sub-County or Formation.
37. (1) On receipt, each bicycle shall be taken on Bicycle receipt
and issuance
ledger charge in the normal manner, and the frame number instruction.
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. (1) A junior officer shall not use a police bicycle Instruction on use
of bicycle,
unless he or she— motorcycle or
1099
(a) is able to ride; quad.
1100
(3) An items 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 Quartermaster.
(4) A sales 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 Quartermaster 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 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.
1101
APPENDIX 70 A—ISSUE/WITHDRAWAL OF CLOTHING AND
EQUIPMENT OF JUNIOR OFFICERS.
THE OPERATION AREAS
On transfer to or from the operation Areas the following items of Kit will
be issued or withdrawn: -
Item Quantity
Anklets, web 58 patt 2 pairs
Attachments Brace 58 patt 1 pair
Belt, web 58 patt 1
Berets, Blue 1
Boots J.G. 1 pair
Braces, Normal 58 patt 1
Capes, Poncho 1
Hats J.G. 1
Lanyards, cotton khaki 2
Plates, Backing, Hat Badge 1
Shirts, Angola J.G. 3
Shoes, Canvas Brown 1 pair
Smocks, Camouflage 1
Straps, Shoulder 58 patt. 1 pair
Trousers, J.G. 3 pairs
Bags, Kit, Canvas 1
Blankets LW. 1
Bottles water 58 pan. 1
Cover water bottle 58 paft 1
Haversacks 58 pan 1
Matchet 1
Nets Mosquito 1
Pouches Basic 58 patt 1
Scabbards Matchet 1
Tins, Mess 1
1102
APPENDIX 70 B— POLICE FORMS, BOOKS AND REGISTERS
1. The Appendix on paralegal documents provided under Appendix 70
C describes Gazetted National Police Service Forms, Books and Registers
and their purpose that form part of the Service Standing Orders.
2. The Appendix may be updated from time to time as need arises.
3. 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.
4. Paralegal documents shall be used in all instances that they are
required in any law, regulations, orders, and administrative circulars.
5. It shall be a criminal and disciplinary offence under the law not to
use the paralegal documents as required.
1103
APPENDIX 70C— National Police Service Paralegal Documents
Document Type Description/Size
P1 Form Summary card “Uniformed Personnel’.
P2 Form Case file cover.
P2a
P2b Form Statement form
P3 Form Medical examination report form.
P4 Form Annual confidential report form
(Inspectorate)
P5 Form Charge Sheet.
P6 Form Defaulter sheet.
P7 Form Application for appointment to gazetted
rank.
PS Form Unclaimed Property form.
P9 Form Marching order form.
Pl0 Form Particulars of road accident.
Pl0a Form Accident abstract.
P11 Form Oath or Affirmation on enlistment
P1la Form Discharge certificate
P1lb Form Application form for leave.
P11c Form Fingerprint of Recruits
Fingerprint form (classification)
P11d
P11e
P11f
P11g
P11h
P11i
P11j Form Certificate of appointment.
P12 Form Diesel, Petrol fuel register
P13 Form Oil register.
P14 Form Record of service
P15 Form Notification of arrest
P16 Form First information report.
P16a
P16b
P16c Form Final progress report.
P17 Form Bond to give evidence.
1104
P17a Form Notification of date of hearing.
P18 Form Bond and bail
P19 Form Establishment form.
P20 Form Fingerprint form “MALE”.
P20a Form Fingerprint form ‘FEMALE”.
P21 Form Supervisee form.
P22 Form Musketry score sheet.
P23 Form Inquest report from.
P23a Form Post mortem report form.
P24
P25
P26 Form Apprehension report form.
P27
P28 Form Special Police Card.
P29
P30
P31
P32 Form Traffic offences under section 110 of the
Traffic Act.
P33
P34
P35
P36
P37 Form Memo form.
P38
P39 Form Fire report form.
P40
P41 Form Report of road accident.
P42 Form Police order to arrest.
P43 Form Accident inquiry file.
P44
P45
P46 Form Quarterly return of Subordinate Police
Officers who are eligible and apply for
transfer to other units
P47
P48 Form Confirmation of Officers on Probation.
P 49 Form Unserviceable Records trunk radio
equipment.
1105
P50 Form Modification record trunk radio equipment.
P51 Form Valve life records radio equipment.
P52 Form Medal Decoration card.
P 53 Form Meter reading chart trunk radio equipment.
P54 Form Trunk faulter maintenance log.
P55 Form Request and Reply form.
P56 Form Monthly Vehicle returns.
P56a Form Monthly Vehicle return-Summary.
P57 Form Kenya Police College Course report form.
P58 Form Traffic offences record card.
P59 Form Traffic offence-Previous convictions
application form.
P60 Form Previous traffic convictions.
P61 Form Traffic offences warning police.
P62 Form Traffic offenders notification and record
form.
P63 Form Vehicle inspection reports.
P64
P65
P66
P67 Form Report of accident-Police Vehicle.
P68 Form Traffic control monthly summary
P69 Form Quarterly accident summary.
P70 Form Examination of Motorist “Police Cases”
Examination of Motorists
P71 Form Unfair Wear and Tear report “Vehicle”
form.
P72 Form Notice of intended Prosecution-The Traffic
Act.
P72a Form Notice of non-intention of prosecution-The
Traffic Act.
P73 Form Police Dog History Sheet
P74 Form Police Vehicle “accident report.
P75
P76 Form Transport work shop repair sheet-pads.
P77 Form Daily work ticket “Police Vehicle”.
P78 Form Drivers permit application form.
P79 Form Drivers permit.
P80 Form Drivers record card.
1106
P80a Form Armourers inspection record.
P81 Form Armourers condemnation certificate.
P81a Form Accident damage report.
P81b Form Misuse/loss report.
P82 Form Notice to attend court “in book form”
P83 Form Job card-Transport.
P84
P85
P86 Form KPR-Discharge certificate.
P87 Form COMPLAINT- Section 4(1) of The
Vagrancy Act (
P87a Form Form of complaint and particulars of
Vagrant.
P88 Form Application for an order under Section 25 of
the children and young person Act.
P89 Form Recommendation for commendation and or
reward.
P90 Form Offences monthly summary (Transport
Licensing).
P91
P92 Form Vehicle boarding-Police Report and
recommendations.
P93 Form Vehicle and Stationery plant issue/receipt
voucher.
P94 Form Vehicle tool receipt pad.
P95 Form Graph sheet ‘Burglary”
P96 Form Graph sheet “House Breaking’.
P97 Form Graph sheet “Stock theft”.
P98 Form Graph sheet “Local and Special Laws’
P99 Form Graph sheet “Offences against the person”
P100 Form Graph sheet ‘Total offences under the Penal
Code”
P101 Form Particulars of 999 Calls pad.
P102
P103 Form Traveling allowances form (Subordinate
officers).
P104 Form Graph sheet ‘other breakings”
P105 Form Graph sheet “Robbery where firearm used.”
P106 Form Graph sheet “Dangerous drugs Act.”
1107
P107 Form Quarterly arms return.
P108
P109 Form Weekly programme.
P110
P111 Form Application to strike off ammunition.
P112
P113 Form Camel hire card
P114
P115 Form File cover-Vehicle monthly mileage.
P116 Form File cover-Confidential.
P116a Form File cover-Confidential County/ Sub-
County.
P117 Form File cover-Secret.
P118 Form File cover-General correspondence.
P119
P120
P121 Form Kit Card-Personal kit and Equipment.
P122 Form Index card 6” x4”
P123
P124
P125
P126
P127 Form Exhibit label “Tie-on”
P128 Form Exhibit label “Paste-on.”
P129
P130 Form Small arms neglect and misuse report.
P131 Form Notification of change of station pad.
P132
P133 Form File covers Subordinate officers (Personal).
P134
P135
P136
P137
P138
P139 Form Arms record form.
P140
P141 Form Monthly vehicle repair return.
P142 Form Monthly Power Plant repair return.
1108
P143 Form Power Plant repair card.
P144 Form Vehicle location card.
P145 Form Final course report-Police Driving School.
P146 Form Receipt form for process book.
P147 Form Power Plant test sheet.
P148
P149
P150
P151 Form Authority to search premises.
P152 Form Authority to prosecute for trespass.
P153 Form Bren Gun-Armourer Inspection report.
P154 Form Police Drivers-Upgrading H to 1.
P155 Form Police Drivers-Upgrading III to II.
P156 Form Identification Parade.
P157
P158 Form Liquor Licence form.
P159 Form Inspection report-Liquor Licensing Act.
P169 Form Notification of traffic offences-books.
P161 Form
P161b Notification of Public Meeting/Procession
P162
P163 Form Casualty return pad.
P164
P165 Form Crime sheet.
P166/167 Form Monthly strength return.
P168
P169 Form Police Establishment increase and Decrease
sheet.
P170 Form KPR—Certificate of appointment.
P171 Form Police Vehicle Assembly defect report pad.
P172 Form Security passes-Force Headquarters.
P173 Form Vehicle record card.
P174 Form Recommendation for Promotion.
P175a Form “A’’ Service Schedule Forms.
P175b Form ‘‘B” Service Schedule Forms.
P175c Form “C’ Service Schedule Forms
P176 Form Monthly incident chart.
P177
1109
P178
P179 Form Certificate-Driving
P180
P181
P182 Form Civilian Fire Arm Register
P183
P184
P185 Form Lawn mower History sheet.
P186 Form Bicycle History sheets
1110
P209
P210
P211 Form Previous convictions-Traffic offences card.
P212 Form Certificate of Badges of merit.
P213 Form Certificate of Commendation.
P214
P215 Form Stolen vehicle index card.
P216 Form Police Uniform measurement form.
P217 Form Premises Licence liquor card.
P218 Form Form “A”-The motor vehicle components
and accessories Act (No. 2 of 1965).
P219 Form Form “B” License to deal in motor vehicle
components and accessories.
P220 Form Form “C-The motor vehicle components
and accessories Act (No. 2 of 1965).
P221 Form Form “F” variation of a Licence to deal in
motor vehicle components and accessories.
P222
P223 Form Visitors’ pass book-Service Headquarters.
P224
P225 Form Bicycle report book.
P226 Form “A” Schedule service-Power plant water
cooled Diesel Engines.
P226a Form “A” Service Schedule-Power Plant-water
cooled 500 hrs.
P226b Form “B” Service Schedule P/P water cooled
1,000 hrs.
P227 Form “A” Service Schedule-Power Plant-air
cooled 500 hrs.
P227a Form “B” Service Schedule-Power Plant-air
cooled 1,000hrs
P228 Form “A” Service Schedule-Power Plant-Petrol 3
months.
P228a Form “B” Service Schedule-Power Plant-Petrol 6
months.
P229
P230K/P230A Form Faculty report-Kenya Police College OR
Faculty report-Administration Police
College
P231K/P231A Form Course report-Kenya Police College OR
1111
Course report-Administration Police
College
P232K/P232A Form Kenya Police Drivers Record Cards (Sub-
Officer) OR Administration Police Drivers
Record Cards (Sub-Officer).
P233a Form Officer Performance Appraisal Report
P233b Form Officer Performance Appraisal Report
P233c Form Constables Performance Appraisal Report
Cl Form Fingerprint Classification Card.
C1a Form Name Card Index.
C2 Form Crime Report Book.
C3 Form Crime Report Forms.
C4 Form Supplementary Crime Report-small size.
C4a Form Supplementary Crime Report-large size.
CS Form Crime Memorandum Form.
C5b Form Crime Memorandum Form.
C6 Form Exhibit Memo Form.
C8 Form Accused/Wanted/Suspected Person
Descriptive Forms.
C9 Form Certificate of Previous Conviction.
Cl0 Form Result of Trial Charge.
04 Other Form Offences.
C20 Form Single Fingerprint Card.
C24 Form Elimination Finger and Palm—prints Form.
C25 Form M/O Master Car d.
C25a Form Master Car d.
C30 Form Palm Print Form.
C33 Form Criminal Record Office File Cover Buff.
C37 Form Type of Offence Card.
C43 Form Criminal Conviction of person of Immigrant
Origin.
C44 Form Docket Sheet.
C45a Form Continuation Docket Sheet.
C46 Requisition to compel attendance
QMI Form Issue control sheets.
QM2 Form Stores demand/Issue voucher.
QM3 Form Combined demand personal issue/Receipt
voucher (GD).
QM3a Form Combined demand personal issue/Receipt
1112
(Women).
QM4 Form Stores Certificate of issue voucher.
QM5 Form Stores Certificate of Receipt voucher
QM6 Form Transfer voucher.
QM7 Form Daily Report of receipt of stores.
QMB Form Daily wants list.
QM9 Form Discrepancy Report.
QM1O Form Packing advice for stores.
QM11 Form Annual Ammunition Return form
*Recruitment medical report form.
*Appendix 4 – Abstract from police records
Books
Register Accident Register.
Annual Work Plan.
Book Arms movements’ book.
Register Cell Register.
Register Charge Register large.
Register Charge Register small.
Register Charge Register ‘’Traffic” large.
Register Charge register “Traffic’’ small.
Register Civil process Register.
Register Civilian Firearms Register.
Register Counterfoil Receipt Book Register.
Book Criminal Warrant book large.
Book Criminal Warrant book small.
Book Crime and incident report book.
Daily arms Issue.
Register Defaulters Register.
Divisional Ledger.
Duty Roster.
Register Exhibit Register.
Register Fire Register.
Register Firearm Register.
Register Fuel Register.
Register Inquest register.
Book Inventory book large.
Book Inventory book small.
1113
Register Leave Register.
Register Lost and found property Register.
Book Note book Hard cover “A” type.
Book Note book refile cover “A” type.
Book Note book cover “A” type.
Book Note book “B” type.
Register Outgoing telephone trunk calls
register.
Book Occurrence book large.
Book Occurrence book small.
Register Officers’ Patrol Register.
Book Officers’ visiting book.
Register Oil Register.
Book Patrol Book.
Book Patrol record book.
Book Patrol Register.
Book Patrol return book.
Register Public Meetings/Processions
Register.
Book Ration return book
Record of Action taken to effect
arrest.
Register Register of telephone trunk calls.
Register Service Register.
Servicing, Inspection, mileage &
fuel records.
Register Message (signals) Register.
Register Sick Register.
Book Summons book large.
Book Summons book small.
Book Telecommunication Log Book.
Register Vehicle movements Register.
Register Wanted Persons’ Register.
Register Warrant Register.
1114
APPENDIX 70 D—SCALE OF ANNUAL ISSUE OF
CONSUMABLE STORE
Article Quantity
NOTE
1. Consumable stores, as listed in Q vocabulary may be obtained as
required on explanation.
2. Replacement issues of replaceable articles can only be made on
production of worn out items.
1115
APPENDIX 70 E— EXCHANGE OF CLOTHING AND
EQUIPMENT - SUBORDINATE OFFICERS UPON TRANSFER
TO AND FROM GENERAL SERVICE UNIT
1. Only the following items will be retained by subordinate officers
transferred to General Service Unit
Item Quantity
Badge Hat 1
Force Numeral 1
Whistle 1
Socks 3 pairs
Boots 2 pairs
Baton 1
Blankets G.S 2
Brush boot 1
Certificate. Of Appointment 1
Field Dressing 1
Kit box 1
1116
CHAPTER 71— NATIONAL POLICE SERVICE
TRAINING
1. Training in the National Police Service shall Objective of
training in the
endeavor to— Service.
1117
(j) senior management courses for police of the
senior superintendent and above;
(k) management development courses for police
officer of the rank of superintendent and above;
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. A police officer shall be nominated to attend Nomination or
selection for
courses based on the following criteria— courses.
1118
(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 programmes shall be integrated in Physical fitness.
1119
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. A police officer, who was on duty after Exemption from
lectures and
midnight, shall not necessarily be required to attend any parades.
lecture or parade before 2.00 p.m. on the following day.
9. The Officer-in-Charge of the police station shall Anti-riot drill and
parade.
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. (1) The whistle calls authorized for use in the Whistle calls.
1120
(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. (1) The Officer-in-Charge of the Police Station, Kit inspection.
1121
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. The respective police training committee shall Responsibilities of
the training
subject to section 79 and 80 of the National Police Service committee’s.
Act, 2012 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. (1) Each Sub-County Commander shall— Identifying
training needs.
(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—
1122
(a) identifying their individual career path;
(b) initiating training requests;
(c) attending approved training programmes; and
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. (1) Unless otherwise directed, an employee who Procedure for
training
requests for training shall do so through a letter which requisition
shall be channeled 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 supervisors may modify, where necessary, the
procedure set out under this standing order as he may
deem appropriate.
15. This Part shall apply to all training institutions Application.
1123
(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. A training institution shall develop an official Mandate.
1124
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. (1) A training institution shall have adequate and Human resource
matters.
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. A training institution shall be allocated adequate Financial
resources.
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;
1125
(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. A training institution shall make long and Planning.
1126
(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. (1) A training institution shall carry out its Academic
integrity
operations in an ethical manner by — standards.
1127
APPENDIX 71 (a)—PLAN FOR KIT INSPECTION MALE POLICE OFFICERS
(GENERAL DUTIES)
3 1 4 4. Cap cover
2 5 3
2 4 5. Blue jersey
2
3 4 6. Socks
6 5 3 7. Shirts
7 7
6 8. Trousers
9. Lanyard
6 10. Certificate of
7 7 6
4 Appointment
8 11. Police Manual
15. Brush
11 12 13 13
10
6
9
14
7 11 13 7
10 15
11
1128
APPENDIX 71 (b)— PLAN FOR KIT INSPECTION FEMALE POLICE OFFICERS
(GENERAL DUTIES)
1. Rain Coat
1 4
1 2. Shoes
3. Shirts
2 1
3 2 4. Skirts
5. Lanyard
6. Handbag
7. Shoes
4
8. Certificate of
Appointment
9. Police Manual
8 9 11
10
7
12
1129
APPENDIX 71 (c)— PLAN FOR KIT INSPECTION BANDAND CORPS OF DRUMS
1. Rain coat
1 2. Tunic blue
3. Shoes
6. Cord, dress
3
2 7. Cap peaked
3
8. Force colour belt
3
4
7
6
1130
APPENDIX 71 (d)— PLAN FOR KIT INSPECTION PARAMILLITARY (G.S.U)
1 13 14
15
16
17 18
19
20
21
22
23
10
G.S.U KIT
11 12
KEY
1. Water Bottle 9. Jungle Hat 18. Cape Poncho
2. Web Belt 10. Mess Tin 19. Jungle Boots
3. Riot Drill Pamphlet 11. Scabbard 20. Shoe Brush
4. Police Manual 12. Matchet 21. Field Dressing
5. C of A 13. 58 Pattern C/W Webbing equipment pad
6. High Ankle Boots 14. Angola Shirts 22. Lanyard Khaki
7. Mosquito Net 15. Trousers Olive Jungle Green Single
8. Jersey Olive Jungle 16. Smoke Jacket Camouflage 23. Socks Olive Jungle
Green 17. Coat Fawn O.R Green
1131
APPENDIX 71 (e)— PLAN FOR SADDLE INSPECTION
Reference No
1
1. Panel 2 1
2. Headrope
3. Nose Bag
4. Rifle Bucket 3
5. Saddle 1 4
6. Crupper
7. Girth
8. Reins
9. Headstall
5
10. Brow Band
11. Cheek Pieces
12. Bit
13. Curb Chain
14. Stirrup Irons
15. Throat Lash
16. Nose Band
6
17. Stirrup Leathers
8 8
9
17
16
17
14 10
14
12
13
15
11 11
1132
CHAPTER 72— TRANSFER AND DEPLOYMENT
1. (1) The mandate to determine transfers shall lie Transfers
generally.
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. All ranks except the Inspector-General, the Liability to
transfer.
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. (1) Transfers by the National Police Service Transfers of
Members of the
Commission, of any members of the National Police Service.
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. The Inspector General shall− Role of the
Inspector General.
(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.
1133
5. (1)Where an officer requests for a transfer or raises Transfer on
medical and
an objection to an intended transfer on medical or compassionate
compassionate grounds, the officer shall provide justifiable grounds.
1134
(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. A junior officer who has been selected for transfer Re-equipment
with hardship area
to a hardship area in the Service shall be issued with the uniform.
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. (1) Except in exceptional circumstances due to the Dates of transfer.
1135
11. (1) Subject to the provisions of paragraph 7 and 8, Transfer of
specialist
officers-in-Charge of specialist branches shall be branches.
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. (1) Subject to section 10 (1) (g) of the National Authority to
deploy officers.
Police Service Act, 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. (1) A deployment shall not exceed three months Period of
deployment.
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. At the end of the deployment period an officer Transition from
deployment.
shall be required to undergo counseling sessions as may be
1136
determined by the Service for psychological purposes of
transition into regular policing.
15. (1) An institution may request the Inspector- Secondments And
Attachments.
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. The commission may review this Chapter from Review of transfer
regulations by the
time to time. Commission.
1137
CHAPTER 73— OPERATIONS MAPS, CRIME AND
GENERAL INFORMATION
1. (1) Operations rooms will be maintained at Operations
rooms.
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. The functions of Operations Rooms shall be to− Functions of
operation room.
(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. Operations Rooms will be sited so as to receive the Building and
communications
maximum benefit from radio and telephone
communications.
4. (1) At County or Formation Headquarters an officer Manning of
operations
not below the rank of Chief Inspector shall be detailed by rooms.
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
1138
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. (1) Maps and information proforma shall be Map to be
maintained.
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
1:500,000(i) A map of the republic
Sub-county/Operations
showing:-
Rooms.
(a) County Headquarter
(b) All Sub- Pin P1
county/Headquarters Blue
within the county,
Pin P2
(c) All police station Blue
within the County
(d) All police posts
Pin P3
within the county,
Blue
(e) Sub-
county/Headquarters
and Police stations of Pin P4
1139
adjacent Sub- Blue
counties in
neighbouring
Counties, Pin P2
Blue
(f) County and Sub-
county boundaries of Pin P3
the County Blue
concerned.
Red &
1:1000,000 Blue line.
Red line
Administrative
boundaries All in
1:1000,000
china
graph
Parliamentary pencil.
1:1500,000 constituencies
-SK 81A
-SK 81C
Kenya Route map
-Sk 118
1140
(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) Mostpolice officers should be able to quote the
grid co-ordinate reference of any place, named or unnamed,
on any map and all ranks shallbe 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 availabl;e 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.
1141
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
Establishment
and Strength:
Personnel.
Commisioner
S/SGT
S.S.P
SGT
ASP
CPL
AIG
S..P
P.C
C.I
ES E S E S E S E S E S E S E S E S E S E S IP
County HQ
General
Duties.
C..I.D
Traffic
Transport
Signals
Sub-county
“X” Sub-
county.
“Y” Sub-
county.
“Z” Sub-
county.
TOTAL
S/SGT
A.S.P
S.S.P
SGT
CPL
.S.P
P.C
C.I
IP
E S E S E S E S E S E S E S E S E S
County
Hqs.
Sub-
counties
“X” Sub-
county.
“Y” Sub-
county.
“Z” Sub-
county.
TOTAL
1142
(a) Class ‘B’ Strength
Comm S.S.P A..S.P A.S.P C.I IP S/SG SGT CPL CONS TOTAL
issione T T.
r
County HQ
Sub-counties
“X”SUB-
COUNTY.
“Y” SUB-
COUNTY
“Z” SUB-
COUNTY.
TOTAL
S/SGT
S.S.P
SGT
CPL
P.C
S.P
C.I
IP
E S E S E S E S E S E S E S E S
Sub-county HQ –
General duties
CID
Traffic
Transport
Signals
“X” Station
“Y” Station
“Z” post
*
*
Total
SGT
CPL
S.P
C.I
PC
IP
E S E S E S E S E S E S E S
Sub-county H.Q
“X” Station
“Y” Station
“Z” Station
Total
1143
S/SGT
SGT
CPL
S.P
C.I
PC
IP
Sub-county H.
Stations “X” Station
“Y” Station
“Z” Station
Total
County Reserve
“Z” Sub-county
Sub-counties
Investigation
In workshop
County H.Q
Transport
Signals
Traffic
Total
Lorries E
5 ton
S
Lorries E
3 ton S
E
30 cwt S
Land E
Rovers S
Vans E
S
Patrol/ E
Staff cars S
Prison vans E
S
Ambulances E
S
B/down E
vehicles. S
Mobile E
W/shop S
Riot wagons E
S
Water E
bowsers S
Water trailers E
S
Motor cycles E
S
Total E
S
1144
Sub-county
In workshops
Investigation
County HQ
“Y” Station
“X” Station
“Z” Station
Transport
Stations
Signals
Traffic
Total
Lorries 5ton E
S
3 ton E
S
30cwt E
S
LandRovers E
S
Vans E
S
Patrol/staff cars E
Prison vans S
E
Ambulances S
E
Breakdown S
vehicles E
Mobile Workshops S
E
Riot Wagons S
E
Water bowsers S
E
Water Trailers S
E
Load Trailers S
E
Motor cycles E
S
Total E
S
1145
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;
(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. (1) Daily and monthly Crime States (From P. 165) Crime States-
Form 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.
1146
(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 sub-paragraph
(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
1147
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;
(b) manslaughter-section 202 of the Penal Code;
(c) (rape (including attempt)-section 140 and 141 of
the Penal Code;
(d) assault – section 231,234,250, 251 and 253 of
Penal Code;
(e) other offences against the Person-section 173;
(f) Chapter XXIII of the Penal Code other than
sections 245 and 249;
(g) Chapter XXV of the Penal Code;
(h) robbery and allied offences-sections 279 295, 296,
297 and 298 of the Penal Code;
(i) breaking-sections 304,306 and 307 of the Penal
Code;
(j) cattle theft-section 278 of the Penal Code when a
bull, ox, cow or the young thereof is stolen;
(k) theft of other stock-section 278 of the Penal Code
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;
(n) theft from vehicles-section 279(c) (theft of parts of
vehicles, 275) of the Penal code;
(o) theft of bicycles - section 275 of the Penal Code;
1148
(p) theft of produce - section 275 of the Penal Code;
(q) theft by servant - section 280 to 284 of the Penal
(q) Code. Receiving - section 322, 323, 324 and 326
of the Penal Code
(r) other offences against property - section 299, 300,
301, 302, 305, 309 and 311 of the Penal Code;
(s) Chapters XXVII, XXX, XXII and XXXII of the
Penal Code;
(t) section 10, Stock and Produce Theft Act;
(u) all other Penal Code Offence Section 39, 170,
171,226, 245 and 249 of the Penal Code;
(v) Chapters VII, VIII, IX, X, XI, XII, XIII, XIV,
XVII, XXXV, XXXVI, XXXVII, XXXVIII and
XXXIX of the Penal Code.
(w) section 3,4 and 6 of the Prevention of corruption
Act.
(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 shal 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;
1149
(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. The following charts shall be maintained at Establishment
and Strength
County or Formation and Sub-county Headquarters Charts.
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. At a police station, the following boards, maps, Charts graphs,
etc at Police
graphs among others, shall be maintained in accordance stations.
with the instructions given hereunder—
(a) establishment and strength tate showing only the
numerical establishment and strength of Police
personnel at the station .
ESTABLISHME STRENGTH
NT
Chief Inspector
Inspector
S/Sergeant
Sergeant
Corporal
Constable
TOTAL
1150
(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.
1151
(5) Pillar graphs, utilizing the same colours as in
subparagraph (1) will be maintained to show fatal, serious
and slight injuries to persons and injuries of any kind to
animals.
17. (1) A general information map and register shall General
information map
be maintained at all police stations. and register.
1152
(ix) places of special vulnerability; and
(x) other places of importance.
19. (1)A general information sheet will be placed at General
information
the side of the map and shall provide the following Sheet.
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. (1) General information registers shall be General
information
maintained at all police stations. registers.
1153
A B
(Peasant Areas) (Larger Holdings)
(i) Location or sub-location (i) Land Office number
number or name, giving and 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 (iv) Number of
persons employed by race
reference to non-indigenous. giving
approximate tribal composition
(v) Communications:- (v) Communications:-
(a) Post Offices (a) Post Office box
number
(b) Telephones (b) Telephone
number(s)
(c) Radio installations.
(vi) Cultivation, with special larger (vi) Types of
crops and reference
approximate acreage.
areas of cultivation of
cash crop as a result
of land consolidation.
(vii) Stock, a brief general note (vii) Stock,
approximate
number of
on the amount of stock in the stock, by types, on
the
area, with special references property with
mention of
to large stock owners. stock owned by resident
employees.
1154
(viii) Brands (if any) giving names (viii) Farm brand.
of registered holders.
(ix) Political societies or (ix) Any information on branches
trade unions, their of political societies or trade unions
objects or and aims, and that may be in existence on the
names of office bearers. property.
(x) Religious and educational (x) Religious and
educational
institutions, i.e. missions institutions, e.g. churches
churches, schools, etc, with chapels, schools, etc,
names of principals and de- situated on the property.
nominations. Mention to be made of any hospitals or
dispensaries maintained.
(xi) List of all persons holding (ix) List of all persons
holding firearms, particulars of ammunition held full
particulars arms and of ammunition held.
(xii) A note on the amount of (xii) Number and description
commercial transport in of motor vehicles owned.
the area with particular reference to fleet owners.
(xiii) List of trading centres, (xiii) Number of
shops and
special reference being licensed
premises on the
made to licensed premises. 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,
1155
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.
1156
1157
PART III— REGULATIONS
Introduction
1. The National Police Service shall comply with all Regulations
made for the better carrying out of the National Police Service
Commission Act, 2011, National Police Service Act, 2011, Independent
Policing Oversight Authority Act, 2011 and any other relevant laws.
Regulations by the Inspector-General
2. Regulations made by the Inspector General in exercise of powers
conferred by section 125 of the National Police Service Act, 2011 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.
Regulations by the National Police Service Commission
3. 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, 2011, section 124 of the
National Police Service Act, 2011 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;
1158
(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.
Regulations by the Independent Policing Oversight Authority
4. 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;
1159
(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.
Regulations by the Cabinet Secretary
5. Regulations made by the Cabinet Secretary in exercise of the
powers conferred by section 126(2) (c) of the National Police Service Act,
2011 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.
Regulations by the National Government
6. Regulations made by the National Government and its agencies on
matters affecting the National Police Service including-
(a) finances; and
(b) procurement.
Gazetted Regulations
7. All gazetted regulations made for the better carrying out of the
National Police Service Commission Act, 2011, National Police Service
Act, 2011, Independent Policing Oversight Authority Act, 2011 and any
other relevant laws shall form part of Service Standing Orders.
Updating Regulations
8. 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.
1160
PART IV— OPERATIONAL MANUALS
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, 2011, National Police
Service Act, 2011, Independent Policing Oversight Authority Act,
2011 and any other relevant laws.
Operational Manuals
4. 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.
Approval of Manuals
5. 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.
Review of Manuals
6. 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.
Manuals to inform training and inspector
7. 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
1161
Annex: List of Operational Manuals
Manual Formation/Unit/Com
ponent/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
1162
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
1163
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.
1164
GLOSSARY OF TERMS
Accounting Means the Permanent Secretary/Head ofDepartment
Officers appointed by the PermanentSecretary, Treasury to take
full responsibilityon the finances, assets and liabilities
of the respective Ministry/Departmen
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 Means a police officer appointed to serve as a police
Police Officer officer in the Administration Police Officer.
Administration means the Service established under Article 243(2)b of
Police Service the constitution of Kenya,2010
Affirmative Means any measure designed to overcome or
Action 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
Includes appointment, acting appointment,
reappointment, promotion and transfer
APS Ward Means the officer in-charge of the Administration
Commander. 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;
1165
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 Means a written order issued by a judge, magistrate, or
Warrant” 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 3of the Independent
Policing Oversight Authority Act 2011
Authorized Means an officer of or above the rank of Inspector
Officer who initiates action on his own or directs action to be
taken or takes action upon receiving instruction from a
superior officer.
‘Officer in charge’ means an authorized officer
‘Officer’s immediate supervisor’ means an authorized
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.
1166
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 Means the Cabinet Secretary for the time being
Secretary 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 Means an official receipt issued by officers in charge
receipt 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 Means the certificate issued by the National Police
Appointments 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 Means the trainee participated, but does imply proof of
Participation successfully passing any examination
Chain of Means the continuity of the custody of physical
Evidence evidence from time of original collection, processing,
production in a judicial proceeding to final disposal.
Change of Means and includes “the smooth transition of authority
command 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.
1167
Chaplaincy Means religious nourishment to all members of the
Service and their families
Chaplaincy Means the board responsible for chaplaincy matters in
board 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 itoccurs
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 ServiceCommission of
Kenya deployed inMinistries/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
Code Means the Code of Regulations.
Code of Means the National Police Code of Conduct
Conduct
Commander Means Officer-in-Charge
1168
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 Means a committee elected by a community policing
Policing forum in accordance with Section 98(4) of the
Committee National Police Service Act, 2011, 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 Means the Inspector General or the County
Authority Commander
County Includes the officers in charge of formations, units,
commander directorates and such other officers as may be
designated by the Inspector-General.
Court Means a court of competent jurisdiction
Court of Means an assembly of two or more Gazetted officers
inquiry 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 Means written instructions issued by the Convening
Orders authority with specific terms of reference
Correspondence Means communication by the exchange of letters.
Criminal Means a person who has committed a crime
Critical Means any sudden event or situation that involves
incident/ actual, threatened, witnessed or perceived death,
Emergency 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.
1169
Cruel, Inhuman Means a deliberate and aggravated treatment or
and degrading punishment not amounting to torture, inflicted by a
Treatment or person in authority or the agent of the person in
Punishment 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 pr topic or module as well as its contents
Dangerous Means any explosive substance and any other goods,
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 Means the Deputy Inspectors-General appointed in
Inspectors- accordance with Article 245 of the Constitution of
General Kenya and the National Police Service Act, 2011;
Diplomatic Means the collective body of foreign diplomats
Corps accredited to a particular country or body
Directorate Means Directorate of Criminal Investigations
established under Section 28 of the National Police
Service Act, 2011;
Discharge Means a member of the Service is released from his or
her obligation to serve
Disciplinary Means imposition of any punishment against a
Action member of the Service on account of breach of any
code of conduct or misconduct
Disciplinary Means proceedings under Part IX of the National
Proceedings Police Service Act
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.
1170
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 Means a series of appropriate actions and precautions
response in the event of an incident or disaster aimed at
providing immediate assistance.
Employment Means the process to assess person’s suitability for a
Vetting position or promotion within the National Police
Service
Establishment The authorized number of staff of the National Police
Service
Established Means a member of the National Police Service who is
Driver employed on full-time driving duties, or employed full
time on the supervision of drivers and in receipt of a
drivers' allowance.
Evidence Denotes the means by which an alleged matter of fact,
the truth of which is submitted to investigation, is
proved or disproved; and, without prejudice to the
foregoing generality, includes statements by accused
persons, admissions, and observations by the courts in
its judicial capacity.
Evidence/Prope Means the custodian of the National Police Service,
rty Custodian exhibit store who shall be responsible for the custody
of all lost, found, stolen, abandoned, unclaimed,
evidence, and/or other property coming into
possession of the National Police Service, and
delivered to the exhibit store and shall be responsible
for the safe keeping, accurate recording, accounting
for, and proper disposition of all such property
Examination Means the test that the trainee has to perform at the
end of the training to show he or she has understood
the theory, can apply the skills and has correct attitude
1171
Exigent Means a situation in which a police officer must take
Circumstances immediate action to effectively make an arrest, search,
or seizure for which probable cause exists, and thus
may do so without first obtaining a warrant. Such
emergency situations are those that would cause a
reasonable person to believe that entry (or relevant
prompt action) was necessary to prevent physical harm
to the officers or other persons, the destruction of
relevant evidence, the escape of the suspect, or some
other consequence improperly frustrating legitimate
law enforcement efforts.
Exhibit Means any article, substance or material thing which is
relevant to a particular case
1172
Hearing A proceeding before a disciplinary panel that is
conducted by a Presiding Officer as a result of an
accused being charged with an offense against
discipline.
Hearing Means the session where the decision or action is
(Appeal) being reviewed and the person affected may defend
his or her views
Hearing(Discipl Means the session where the alleged misconduct is
inary) determined and the accused officer is allowed to
defend him or herself
Immediate Includes the officer, spouse, children and the officer’s
Family parents.
1173
Kenya Police Means the Service established under Article 243(2)a
Service of the Constitution of Kenya, 2010;
Lateral Entry Means civilian entering the Service at the senior rank
Lawful includes any order that is necessary to execute the
command functions of a lawfully established duty, office or
position or is necessary to execute the provisions of
the Constitution, the National Police Service Act
2011, Regulations, standing orders or any other
written laws
Lawful order includes the provisions of The Constitution, the
National Police Service Act 2011, Regulations,
standing orders or any other written laws.
Licensing Means the chief licensing officer and every licensing
Officer officer appointed under section 3 of Cap 114, Laws of
Kenya
Leave Year Means the period commencing 1st July to 30th
June of the following year.
Medal Means a flat piece of metal often a disk, bearing an
inscription or design and issued as a token of
commemoration or as a reward for bravery or merit.
Member of the Includes civilian members of staff of the Service
Service
Merit “merit” with reference to a person who is a candidate
for a position within he National Police Service means
that the person-
has abilities, aptitude, skills, knowledge, experience
and personal qualities relevant to the carrying out of
the duties in question
In the case of promotions, that the officer, has
performed satisfactorily in the previous post;
Has the required educational qualifications;
Has potential for further development;
Has integrity in accordance with Chapter Six of the
Constitution; and
Meets the criteria as may be set out in the
announcement or advertisement regarding the position
in question;
1174
Misconduct Means any action, or failure or refusal to act, which
although it may not necessarily constitute a
contravention of law, does not meet
(a). The requirement or norms of policing
contained in any regulation or official
document, charter, standing orders or policy
providing for standards of discipline, behavior
or ethics, rules of engagement, rules on the use
or abuse of power and regulations on the use of
equipment, applicable to members of the
Service
(b).The values and norms applicable to policing in
a democratic society and in particular those
laid down in Articles 10, 232 and 244, of the
Constitution and any law relating to ethics and
leadership or
(c). Applicable norms and standards provided for in
international instruments applicable to Kenya
Nametag or Means a badge issued to and worn on a clearly visible
identifiable part of police uniform showing a police officer’s name
Service number and service number.
badge
National Police Means a service established under article 243(l) of the
Service Constitution of Kenya,2010.
National Means the Council established under Article 240 (l) of
Security the constitution of Kenya 2010.
Council
Nuclear Family Means the officer, spouse and children
Office holders Means the officers holding offices in the Formation,
Units and Components of the National Police Service
Orderly N.C.O Means a police officer of the rank of Sergeant/ senior
Sergeant who has a responsibility of keeping order in
the police lines/camps or a police officer who is acting
on behalf of an orderly N.C.O
Oversight Means supervising the correct application of measures
and procedures within the mandate and taking
corrective action where and when needed.
1175
Parent Means the mother or father of a child and includes any
person who is liable by law to maintain a child or is
entitled to his/her custody.
Pension Benefits Means any pensions, compensation, gratuities or other
similar allowances payable to persons in respect of
their service as members of the National Police
Service, or to the widows, children, dependants or
personal representatives of such persons, in respect of
that Service
Police Animals Means a dog, horse or other domesticated animal
specially trained for use by a handler to aid the police
1176
Policing Means the discharge of functions, exercise of the
powers and, performance of duties applicable the
Police.
Posting Where an officer is allocated as his or her duty station
Prisoner Means a person legally committed to prison as a
punishment for crimes committed or while awaiting
trial.
Presiding A person authorized by the National Police Service
officer Commission to inquire into an offense against
discipline and where that person is a police officer
they shall be of a rank senior to the accused
Private use of Means Police Officers hired by private person(s) for
police attendance at function(s) or for any other private
purpose, within the Republic, and at the expense of the
applicant.
Promotion Means an officer’s acquisition or appointment to a
higher rank, with higher pay and more responsibilities
Means someone will acquire a higher rank with higher
pay and more responsibilities
Pro-rata Means computation of benefits for the period served in
relation to the full term entitlement.
Pro tanto Means proportionate i.e. to that extent or for so much
or as far as it goes e.g. in payment of debts.
Public Means Information that may be of interest to the
Information general public regarding orders, procedures or events
involving the Service or other newsworthy
information that is not legally protected, does not
unduly interfere with the mission of the Service,
infringe upon the rights of a defendant or suspects or
compromise the legitimate safety and privacy interests
of officers, victims, witnesses or others.
Public Service It incorporates the Civil Service, Disciplined
Services, Teaching Service, Judiciary, Armed
Forces, Local Authorities, Public Universities,
Parliamentary Service Commission, State
Corporations and Statutory Bodies.
1177
Reasonable Means a particularized and objective basis, supported
Suspicion by specific and articulable facts, for suspecting a
person of criminal activity; the degree of suspicion of
criminal activity that justifies an investigative
detention but not an arrest.
Reasonable/Pro Means an honest belief in the guilt of the accused
bable based upon a full conviction founded upon reasonable
Groundsfor grounds of the existence of a state of circumstances
Arrest which assuming them to be true, would lead to an
ordinary prudent and cautious man placed in the
position of the accuser to the conclusion that the
person charged was probably guilty of the crime
imputed.
Records Means documents filed in writing or otherwise for
future reference
Recruitment Means the process of hiring a member of the National
Police Service
Register of Staff Means all staff employed by the Service will be
registered by the establishment control unit at the
human resource department at National Police Service
Reserve Means the National Police Reserve referred to in
Section 110 of the National Police Service Act, 2011;
Reimbursable Means those allowances where an officer gets
Allowances reimbursement on the expenditure incurred in the
course of duty e.g. accommodation allowance, transfer
allowance, etc.
Re-instatement Means a person is taken back in the Service on his or
her former position, after having been interdicted or
suspended
Remunerative Means those allowances paid to an officer, in addition
Allowance to salary as a form of compensation for additional
responsibilities e.g. overtime allowance, acting
allowance, special duty allowance, etc.
Removal Means cessation from being employed by the National
Police Service with or without disciplinary process,
with or without loss of pension benefits and it includes
resignation, dismissal and retirement
Resignation Means that the member of the Service voluntarily
leaves from the Service in accordance with Section 76
of the National Police Service
1178
Retirement Means that the member of the Service either
voluntarily resigns from the Service, or retires due to
his or her age or ill-health
Review Means an assessment of a case to establish it has been
conducted in line with the policies and procedures
Security Means observing the proper care and maintaining
information awareness to keep arms and ammunition
in the custody and use of only those with
authorization, and to quickly identify and respond to
situations or incidents of actual or potential
compromise.
Sentries Means a person deployed to keep watch
Service Means the National Police Service established in
Article 243 of the Constitution of Kenya, 2010;
Service Means is responsible to the Respective Deputy
Quartermasters Inspectors-General for all matters affecting the
organization and administration of the “Q” Branch
Service Vehicle Means this is a vehicle owned and used by the
members of the Service to assist with their duties in
patrolling and responding to incidents
Sexual Means any person who being in a position of authority
Harassment or command persistently make any sexual advances or
request which he or she knows or has reasonable
grounds to know, are unwelcome, is guilty of the
offense of sexual harassment.It can be physical verbal
or written
Social welfare Means all measures necessary for the physical and
moral contentment of officers of all ranks and their
families
S.O. (A)
Special Police Means a person appointed under section 72 of the
Officer National Police Service Act.
Spouse Means legal marriage partner of an officer specified
under the Marriage Act or in accordance with the
relevant Customary Law.
The spouse must be disclosed at the time
ofappointment or at the time of marriage if itoccurs
during employment in the Civil Service.
1179
Strength Means actual number of staff within the National
Police Service
Strength of Means officers deployed for escort duties.
escorts
Suspension Means the disciplinary measure where an employee is
required to discontinue performing his or her usual
role and which may either result in a dismissal or a re-
instatement
Torture Means any act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted
on a person for such purposes of:-
(i) obtaining information or a confession
from the person or from a third person;
(ii) punishing the person for an act which
that person or a third person has
committed or is suspected of having
committed;
(iii) intimidating or coercing the person or a
third person; or
(iv) for any reason based on discrimination
of any kind, when such pain or
suffering is inflicted by or at the
instigation of or with the consent or
acquiescence of a public official or
other person acting in an official
capacity: Provided that torture does not
include any pain or suffering arising
from, inherent in or incidental to lawful
sanctions.
Traffic Means movement to and fro of both vehicular and
human.
Trainee Means any attendant of a training, whether a new
recruit a participant in a refresher or promotional
course or otherwise
Training Means any form of organized teaching or learning,
whether for one day or one year or even longer
Training Means the facility where the training is offered
Institutions
1180
Transfers Means a permanent relocation of an officer to new
duty station and the officer from then onwards falls
administratively under the new posting, and its
respective pay code
Means the act of sending a police officer from one
police posting to another, and falls from then onwards
administratively under the new posting, and its
respective pay point
Tour of Service Means the period of employment contract in the Civil
Service awarded to a foreign employee.
Vacancy In reference to the Service means is the establishment
existing in the Service less than the strength required.
Victim Means a person against whom a crime has been
committed.
Weapons Means Drawing a handgun or readying a firearm for
Display quick use if needed without pointing it at a suspect.
1181