ADVOKS GLOBAL · KENYA
National Police Service Commission Act
10. Functions of the Commission
Edition: 2025-11-04 · In force
10. Functions of the Commission
(1)In addition to the functions of the Commission under Article 246(3) of the Constitution, the Commission shall—(a)on the recommendation of the Inspector-General develop and keep under review all matters relating to human resources policies of members of the Service;(b)with the advice of the Salaries and Remuneration Commission, determine the appropriate remuneration and benefits for the Service and staff of the Commission;(c)approve applications for engagement by police officers in trade and other businesses, in accordance with the law relating to matters of leadership and integrity under Article 80 of the Constitution;(d)co-operate with other State agencies, departments or commissions on any matter that the Commission considers necessary;(e)provide for the terms and conditions of service and the procedure for recruitment and disciplinary measures for civilian members of the Service;(f)develop fair and clear disciplinary procedures in accordance with Article 47 of the Constitution;(g)investigate and summon witnesses to assist for the purposes of its investigations;Provided that-(i)the Commission shall not undertake investigations on criminal matters;(ii)where, in the course of disciplinary investigations the Commission identifies violation of any written law, whether civil liability or criminal offence, the Commission shall recommend the prosecution of the offender in accordance with the law:Provided that disciplinary proceedings by the Commission or the Inspector-General shall not be affected by any criminal or civil action commenced under paragraph (ii).(h)exercise disciplinary control over persons holding or acting in office in the Service;(i)promote the values and principles referred to in Articles 10 and 232 of the Constitution throughout the Service;(k)hear and determine appeals from members of the Service on disciplinary matters relating to transfers, promotions and appointments;(l)develop policies and provide oversight over training in the Service;(m)approve training curricula and oversee their implementation;(n)investigate, monitor and evaluate personnel practices of the Service;(o)receive and refer civilian complaints to the Independent Policing Oversight Authority, the Kenya National Human Commission on Human Rights, the Director of Public Prosecutions or the Ethics and Anti-Corruption Commission, as the case may be, where necessary;(p)review and make recommendations to the national government in respect of conditions of service, code of conduct and qualifications of officers in the Service;(q)evaluate and report to the President and the National Assembly on the extent to which the values and principles referred to in Articles 10 and 232 are complied with in the Service;(qa)establish a counselling and psychosocial support unit to oversee and formulate programmes to promote the mental health and wellbeing of members of the service;(s)receive complaints and recommendations from police associations registered in accordance with the applicable law;(t)perform such other functions as are provided for by the Constitution, this Act or any written law.(1A)The Commission shall ensure that the unit established pursuant to subsection (1)(qa) is devolved to each county police headquarters.(2)Subject to the provisions of the Constitution or any written law, the Commission may delegate to the Inspector-General the recruitment, appointment and promotion of police officers under the rank of superintendent:Provided that the Inspector-General shall, during such recruitment, appointment or promotion, take into account gender, county and ethnic balancing.(3)Notwithstanding subsection (2), the Commission shall not delegate any of the following functions-(a)the making of any regulations, rules, code of conduct or subsidiary legislation under this Act or any other written law;(b)the making and submitting of any report to the President and the National Assembly; and(c)the performance of any function the delegation of which would amount to unjustified delegation of the Commission's discretion.(4)The disciplinary control envisaged under Article 246(3)(a) of the Constitution shall mean-(a)the development and prescription of fair and clear disciplinary procedures in accordance with Article 47 of the Constitution;(b)development, and prescription of disciplinary procedures and mechanisms;(c)monitoring compliance by the Inspector-General with the prescribed disciplinary procedures and guidelines issued by the Commission;(d)monitoring compliance with the due process in disciplining members of the Service;(e)receiving regular reports from the Inspector-General on disciplinary maters handled by the National Police Service;(f)reviewing or ratification of disciplinary actions taken by the Inspector-General;(g)hearing and determining appeals on disciplinary matters from members of the Service.(5)A delegation under this Act shall—(b)be subject to any conditions the Commission may impose; and(c)not divest the Commission of the responsibility concerning the exercise of its powers or the performance of the duty delegated.