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National Police Service Act

89. Penalties for disciplinary offences

Edition: 2023-09-15 · In force

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89. Penalties for disciplinary offences

(1)A police officer who commits an offence against discipline is liable to be punished by—
(a)reprimand;
(b)suspension;
(c)an order of restitution;
(d)stoppage of salary increments for a specified period of time, but not exceeding one year;
(e)reduction in rank;
(f)dismissal from the Service; or
(g)any combination of the punishments provided under this section;
(h)confinement to barracks or police residential quarters;
(i)reduction of salary by not more than one third of the basic salary for a period not exceeding for three months; and
(j)a fine not exceeding a third of basic salary.
(2)The police officer authorized to impose a penalty for a disciplinary offence, shall enter a record of such punishment, the date of the punishment and the offence for which it was inflicted on the record sheet of the police officer punished, a copy of which shall be forwarded to the Commission for review and confirmation.
(3)All disciplinary proceedings under this Part shall be in accordance with the Service Standing Orders as approved by the Commission and shall comply with Article 47 of the Constitution.
(4)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;
(5)A member of the Service aggrieved by a decision made under this section may appeal to the Commission in accordance with the procedure laid out by Regulations made by the Commission in consultation with the Inspector-General.
(6)The sanctions under subsection (1)(e) and (f) only take effect after approval and confirmation by the Commission.
(6A)An officer recommended for dismissal under disciplinary proceedings shall be suspended from duty, pending the final decision of the Commission.[Act No. 11 of 2014, s. 89, Act No. 25 of 2015, Sch.]
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Source: Kenya Law