ADVOKS GLOBAL · KENYA
National Police Service Act
41. County Policing Authority
Edition: 2023-09-15 · In force
41. County Policing Authority
(1)There shall be established a County Policing Authority in respect of each county which shall comprise-(a)the Governor who shall be the chairperson;(b)a representative of the National Intelligence Service;(c)county representatives appointed by the Inspector-General, who shall comprise the heads of the National Police Service, and the Directorate of Criminal Investigations at the county level;(d)two elected members nominated by the County Assembly;(e)the chairperson of the County Security Committee;(f)at least six other members appointed by the Governor, from among the following categories of persons ordinarily resident in the county—(ii)community based organizations;(iv)persons with special needs;(v)religious organizations; and(1A)The Governor may authorise the Deputy Governor to chair the meetings of the County Policing Authority in his absence.(2)The members referred to in subsection (1)(e) shall be recruited through a competitive process by the office employing public officers in the county.(3)The names of members nominated under subsection (1)(e) shall be forwarded to the County Security Committee for vetting and subsequent thereto, the County Assembly for approval.(4)In nominating and appointing members under subsection (1)(e) the nominating bodies, public service office at the County level and Governor shall—(a)uphold the principle of one third gender representation;(b)ensure geographical representativeness of the county, and may nominate more than one representative in respect of each category.(5)Notwithstanding subsection (1)(e), the membership of the County Policing Authority shall be proportional to the number of constituencies in the County.(6)In the absence of the chairperson, the members shall elect one of their member to chair the meetings of the County Policing Authority.(7)A person shall not be qualified for appointment as a member under subsection (2), if that person—(a)has violated the Constitution;(c)is not of good character or moral standing;(d)has been convicted of a felony; or(e)has not been resident or employed in the county for a continuous period of not less than three years.(8)Members appointed under subsection (1)(e) shall serve for a term of two years and shall be eligible for reappointment for one further term.(9)The chairperson of council of governors in consultation with the Cabinet Secretary shall issue and publish in the Gazette guidelines to be followed during the nomination, appointment, removal from office, vacancy of office and filling of vacancy of members of the Authority.(10)The functions of the Authority shall be to—(a)develop proposals on priorities 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;(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 participate on the all aspects relating to county policing;(i)ensure policing accountability to the public;(j)receive reports from Community Policing Forums and Committees; and(k)ensure compliance with the national policing standards.(11)Every Authority shall prepare, publicize and submit quarterly reports to the Inspector-General, Cabinet Secretary, County Assembly and Governor—(a)accounting for the status and progress on each of the functions with which it is charged; and(b)the impediments to the performance of those functions.(12)The officer responsible for co-ordination of operations of the National Police Service in the County shall designate a police officer not below the rank of Assistant Superintendent of Police, as the secretary to the Authority.(14)Nothing in this section shall authorize any Authority to interfere with—(a)the investigation of any particular offence or offences;(b)the enforcement operations of the law against any particular person or persons;(c)the employment, assignment, promotion, suspension or dismissal of any member of the Service; or(d)the operations of the Service.(15)Every County Policing Authority may establish such committees as may be necessary for the performance of its functions under this Act.