The National Police Service Commission Act, 2010

Bill status: 
Enacted into Law

ACT of Parliament to provide for additional functions and powers of the National Police Service Commission; the qualifications and procedures for appointment; and for connected purposes.


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<p> NATIONAL POLICE SERVICE BILL 2010. PART III: CONSTITUTION, ADM. FUCTIONS AND POWERS OF THE K.P.S. Sec. 13 (i) The numbers of office must be determined in consistent with the international standards of Ration. Sec. 16 (i) The records of the police in charge of a police station must also included time and date of the purported arrest and time for release on transmission. Sec. 17 (i) Summons by the police officer investigating any crime to anyone person must be drawn through the station commanding officer above rank of an Inspector. Junior police may easily misuse the section to harass innocent people through unnecessary summons. Sec 19 (3) Technology is taking over all our systems and cannot be sure that his/her fingerprints will be deleted so upon each convector&rsquo;s release, he/she must be issued with a certificate of good conduct to avoid blanket condemnation Sec. 20( 3) If the fingerprints of a suspect are kept after the suspect&rsquo;s conviction, he should be followed up subsequently to establish if he has reformed so that they are destroyed otherwise this form of correction of prisons shall loose meaning. Sec. 24 (c) The work of protection of buildings vital instruments should be left for private security firm, with at least one police officer to act as a supervisor of the security guards. The police officers can concentrate on protecting life. PART V: ESTABLISHMENT COMPOSTION AND FUNCTIONS. Sec 25 Insert the word Elite before Directorate of criminal investigation. PART VI: COUNTY POLICYING AUTHORITY. Sec 30 (i) e Members of nominated need to be armed act should provide for that. Sec 30 sub sec 3 In cosmopolitan counties, ethnic diversities must be considered among the geographical consideration. PART VII: GENERAL FUNCTIONS, POWER AND OBLIGATION OF POLICE OFFICERS IN SERVICE. Sec. 35 (1) The words with diligently and respectively to be inserted at the end of sentence. (2) Word may to substitute must so as to read &rsquo;... may perform any such duty.....&rsquo; Sec. 43 (5) a and b: The money should be directed to the charitable organization but not to finder or consolidated fund. Sec.45 (ii) The Barriers should be temporary. PART VIII: POLICE SERVICE ASSOCIATION. Sec. 54 (b) (i) and (ii) to be deleted as this will be used to victimise officers for belonging to a trade union and the line is so thin to supernatant the two. Instead a benevolent group be allowed. Sec 63.(1): It should be modified to be in line with Article 50(1) of the Constitution, that of fair hearing. Sec 70: Both physical and emotional torture to be inserted as police or known to abuse people psychologically. PART XI: OFFENCES. Sec. 80 (i) Add sec. (c) to included one who bribes his way to the service. It has been conspicuously exclude. PART XI: MISCELLANEOUS Sec 96 (i): Add each police station or county police head quarters must have the services of a lawyer and a medical practitioner. No station officer shall be allowed to lock up a suspect in the police cells beyond the constitutionally mandated time. This is a constitution provision that O.C.S. frequently overlooks leading to acquittal of offenders in High/ Courts of Appeal. This leads to great miscarriage of justice due to shear negligence and or compromise by the station commanders. 96 (2): The secure place for confinement must be human and meet international standard as their people confined there are only suspects not convicts, pieces of bedding, proper diet and other necessities must be provided. Sec. 38 (i): Arrest should not be immediate but a grace period of 24 hours should be given for such production. The property can be detained until such production of the permit. FOURTH SCHEDULE OFFENCE AGAINST DISCIPLINE. No. Add 32-The police should be punished if he leases or rents out his uniform or other policing tools for collateral government.</p>

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The above is an Association of membership for which all the National Police worldwide subscribe to.Kenya is not an exemption of this arrangement as it has been a member since early fiftees. Basically its membership includes both serving and retired police officers.It creates a forum for interraction for officers and their families to find time to meet rotationaly around the appointed countries once a year on different areas of common interest and share ideas.The different areas of concern are many and may not fit here. For Kenya Chapter, it has been very active until sometimes in 2003 when it came to an abrupt and unexplained stop just when KENYA Chapter was preparing for Traditional Annual Dinner party and, arrangements were already at an advanced stage. This traditionaly has been a forum for Kenya Police officers and their families both serving and retired to meet in Nairobi in the Month of November and dine together, relax and count the blessings and plan for the future both in retirement and, in anticipation. The Commissioner of Police could come with his selected top guests and grace the occassion. It was held in November so as to allow the officers to prepare to safeguard the general public during December festivities. It was very unfortunate that when the International President of IPA visited Kenya four years ago, he was never given opportunity to pay a courtesy call on Commissioner of Police because of this long brakedown of communications. However, thanks to Administration Police Commandant Mr.Mbugua who salvaged the day and willingly accepted to receive him at his Hqs offices. Administration Police accepted to formaly become member of this International Association of Police worldwide. Amongst other activities that IPA Kenya Chapter has been involved in in the past, includes visits orphanage homes and donating foodstaff and any other goodies of interest to the destitutes and which, help IPA ...Police in that matter to interract with the general public and,therefore being useful to them in away of the other. It is importatant, in my view that International Police Association,Kenya Chapter be associated with the National Police Service for their legitimacy with and interration with International Police Association. Kenya should move with the rest of International Community of the world of Police Movement. All these are in the Web where even the Kenya membership is clearly indicated and the current executive officials are indicated- for ease of reference. Thanks for geting an opportunity to make my contributions on this subject. Patrick O Wandare(SS) patwand@yahoo.com

First, I am not sure whether at this commission's stage of handling bills allows any amendments but if it does, I had a quick suggestion about the composition of the National police service commission. I propose that the inspector general should automatically become secretary to the commission. This could prevent any conflict since the bill already says that the commission can delegate functions to the inspector general. Just as in the judiciary where the head of the judiciary and the chair of the JSC are the same person.

The commission should have included a few professionals as members to allow complete coverage of the varried areas the police deal with. This would include doctors, engineers, lawyers and others.

Article 24 and 25 of National Police Service Bill are ultra vires to article 244 of the constitution which says nothing about what you are now giving the police.

the qualifications and procedures for appointment; and for connected purposes.how we can do that?

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