ADVOKS GLOBAL · KENYA
National Police Service Act
47. Limitation of rights and fundamental freedoms of police officers
Edition: 2023-09-15 · In force
47. Limitation of rights and fundamental freedoms of police officers
(1)Subject to Article 24, 25 and 35 of the Constitution, the rights and fundamental freedoms of an officer of the Service may be limited for the purposes, in the manner and to the extent set out by law.(2)A limitation of a right or fundamental freedom under subsection (1) shall be reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom and shall be limited only for purposes of ensuring—(a)the protection of classified information;(b)the maintenance and preservation of national security;(c)the security and safety of officers of the Service;(d)the independence and integrity of the Service; and(e)the enjoyment of the rights and fundamental freedoms by any individual does not prejudice the rights and fundamental freedoms of others.(3)A limitation of a right or fundamental freedom under this section shall relate to—(a)the right to privacy to the extent of allowing—(i)a person, home or property to be searched;(ii)possessions to be seized;(iii)information relating to a person's family or private affairs to be required or revealed; or(iv)the privacy of a person's communications to be investigated;(b)the freedom of expression to the extent of limiting the freedom to impart information for officers of the Service;(c)the freedom of the media;(d)the right to access to information to the extent of protecting the Service from—(i)demands to furnish persons with information; and(ii)publicizing information affecting the nation;(e)the freedom of association to the extent of limiting the right of officers of the Service from joining or participating in the activities of any kind of association other than those authorized under this Act;(f)the right to assemble, demonstrate, picket and petition public authorities to the extent of ensuring discipline in the Service; and(g)the right to fair labour relations to the extent of prohibiting officers of the Service from joining and participating in the activities of a trade union and going on strike.(4)An officer shall not be barred from voting at any election if, under the laws governing the said election, he or she has a right to vote.