ADVOKS GLOBAL · KENYA
National Police Service Act
87. Internal Affairs Unit
Edition: 2023-09-15 · In force
87. Internal Affairs Unit
(1)There is established an Internal Affairs Unit (hereinafter referred to as "the Unit") of the Service which shall comprise of—(a)an officer not below the rank of assistant Inspector-General who shall be the Director;(b)a deputy director; and(c)such other staff as the Unit may require.(2)The functions of the Internal Affairs Unit shall be to—(a)receive and investigate complaints against the police;(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.(2A)Without prejudice to subsection (2), the unit may where necessary investigate and recommend appropriate action in respect of any Found engaging in any unlawful conduct.(3)In the performance of its functions, the Unit shall be subject to Article 47 of the Constitution.(4)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; or(d)on the direction of the Inspector-General; or(e)at the request of the Independent Police Oversight Authority.(5)Notwithstanding subsection (4)(e) the Authority may at any time intervene and take over the investigations when they have reason to believe the investigations are inordinately delayed or manifestly unreasonable.(6)The Unit may recommend the 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.(6A)The Inspector-General may in exceptional cases and in the interest of the service, authorise the unit to undertake disciplinary proceedings against any officer who has been a subject of its investigations, and may for that purpose direct a Deputy Inspector-General or the Director of the Unit to appoint an officer to preside over such proceedings.(7)The Unit shall be located in separate offices from the rest of the Service.(8)The Director shall assign a senior investigating officer in every county who shall be responsible for police internal affairs in that county.(9)The Units shall report directly to the Assistant Inspector-General who shall subsequently report directly to the lnspector-General.(10)There shall be an effective relationship and regular reporting by the Internal Affairs Unit to the Independent Police Oversight Authority, Coroners, the Chief Firearms Licensing Officer as well as the Commission.(11)The Unit shall not be subject to the control, direction or command of the Kenya Police, Administration Police or the Directorate.