Regulation of Wages and Conditions of Employment Act

Cap. 229

Repealed

This Act was repealed on 2008-06-02 by Labour Institutions Act.

Citation: Cap. 229
Date: 7 April 1951
Language: English
Type: Act

REGULATION OF WAGES AND CONDITIONS OF EMPLOYMENT ACT

CAP. 229

Commenced on 7 April 1951

[Repealed by Labour Institutions Act (Act No. 12 of 2007) on 2 June 2008]

APPENDIX 14(e)-PART 1

SCALE OF ISSUE OF ARMS-ADMINISTRATION POLICE

Weapon	Major Cities	County/ Formation Other Than In Operationa l Areas	County/ Formation In Operationa l Areas.	Aptc, Apssc, Bps, Kftc	Sspu,Vipu Fsspu	Rdu Rbpu	Apsstpu	Sgb
Rifle .303/7.62mm/M16	1 per all ranks	1 per all ranks	1 per all ranks	1000 Unit charge 80 skeleton action.	1 per all ranks	1 per all ranks 1000 training school 60 skeleton.	1 per all ranks 10 skeleton action	90 SGB Hqs
L.M.G./HK11/HK 21	40 Nairobi County Hqs	10 County Hqs	8 per SubCounty. Hqs. 4 per P/stn 4 per outpost	20 Unit. Charge 3 skeleton action.	8 per SubCounty Hqs	100 RDU,RBPU 40 Trg school 6 skeleton	30 Unit Hqs 4 skeleton action Trg wing. 8 per group	-
GPMG	4 per SubCounty Hqs	3Per County. 1 Per SubCounty Hqs	4 per county .Hqs. 3 SubCounty. Hqs. 2 ward. Hq 1 out-post	10 per Unit Charge 3 SubCounty Hqs	3 SubCounty. Hqs	12 RDU,RBPU, Hqs 5 Trg. School 4 per platoon	Unit Hqs. 3 per group	-
S.M.G/MP5/PAR CHET	10 County. Hqs. 4 SubCounty. Hqs. 3 per Stn. 3 per post.	5 COUNTY. Hqs. 4 SubCounty Hqs. 3 per Stn. 3 per post.	1 per gazette Officer Inspector, NCO except D.C.I	20 Unit charge. 5 skeleton	4 Formation Hqs.	100 RDU,RBPUHqs. 3 Coy Hqs. 5 per Platoon. 100 Trg school and skeleton action.	20Unit Hqs. 4 Group. 10 Trg. 2 skeleton action.	20 SGB Hqs.
Revolver .38/Auto pistol	1 per all ranks	1 per Gazetted officer and inspector, 1 per Driver and operator	1 per Gazetted officer and inspector	150 Unit charge. 10 skeleton action.	100 Per County	1 per Gazetted Officer and Inspector. 1 per all ranks Recce	1 per Gazetted Officer and Inspector 10 unit Hqrs. 10	1 per all ranks
		Operator				100 Trg School. 10 skeleton action	Trg. Wing skeleton action T/wing.
Pistol Signal 1 inch	5 Area Hqs. 2 SubCounty. Hqs 3 per Stn	4 per SubCounty. 3 per Stn.	4 SubCounty Hqs. 3 per Stn 3 per post.	5 Unit charge	1 per SubCounty. 1 per Marine launching including section at migingo	20 RDU,RBPU. Hqs. 20 Trg school 1 Coy Hqs. 3 per platoon	5 Unit Hqs10 Trg Wing 2 per group.
Rifles .22 7.62 conversion	50 Unit charge	30 ProvHqs	30 ProvHqs	100 Unit charge	30 unit charge	100 Trg school	30 Trg wing.
Revolver .22	30 weapon Trg Unit	6 per SubCounty.	6 per SubCounty.	20 Unit charge	6 per SubCounty.	20 RDU,RBPU 40 Trg school	20 Trg Wing
Tear Gas pistol 1 ½ inch.	½ inch. 1 per Riot Squad	1 per Riot Squad	1 per Riot Squad	4 Unit charge	1 per Riot Squad	3 Trg school 1 per platoon	1 per Riot Squad	-
Rifles Gas firing	2 per Riot Squad	2 per Riot Squad	2 per Riot Squad	10 Unit charge	2 per Riot Squad	10 Trg school 2 per platoon	2 per Riot Squad	-
Shotgun 12 Bore	1 per SubCounty Hqs.	1 per SubCounty Hqs.	4 per SubCounty. Hqs	6 Unit charge	1 per SubCounty Hqs	12 Trg school	6 Trg Wing	4 SGB Hqs.
Mortar 60mm	-	-	3 per P/Stn 1 per post	4 Unit charge	-	30 RBPU,RDU,APS STPU 10 Trg school 3 per platoon	4 Unit 2 per group	-

APPENDIX 14(e)-PART II

ADMINISTRATION POLICE TRAINING AMMUNITIONS TRAINING AMMUNITION

FORMATION	Rifle 7.62 mm	LMG	SMG	.22 (Rifle)	Revolver .38	Pistol Auto.	Revolver .22
APTC,APSSC,KFTC,BPS	Round per man	Round per man	Round per man	Round per man	Round per man	Round per man	Round per man
	20 per month	100 per month	50 per month	20 per month	18 per month	24 per month	36 per man per month
Stations and Posts outside operational areas	40 per month	100 per month	50 per month	20 per month	18 per quarter	24 per quarte	18 per man per quarter
Stations and Posts outside operational areas (if issued with weapon).	-	40 per quarter	24 per quarter	20 per month	18 per quarter	24 per quarter	36 per man per quarter
APS Units INCLUDING Reserves	20 per person	40 per quarter	24 per quarter	20 per quarter	18 per quarter	24 per quarter	26 per man per month

Ammunition for RD, RBP, APSSTPU,VIPU, SSPU, SGB, APTC and KFTC shall be as laid down by the Deputy Inspector General of Administration Police from time to time.

APPENDIX 14(e) —PART III

ADMINISTRATION POLICE SCALE OF ISSUE OF AMMUNITION ROUNDS PER WEAPON HELD

	Operation Area.		Urban Commands Outside Operation Area.		Rural Commands Outside Operation Area.		Rdu.Rbpu,Apsstpu, Sgb
	Unit Charge	Service Reserve	Unit Charge	Service Reserve	Unit Charge	Service Reserve	Unit Charge	Service Reserve
Rifle 7.62	300	300	100	100	100	100	500	900
.22 Rifle	1500	1500	1500	1500	1500	1500	1500	1500
Revolver .38	40	40	30	70	30	40	36	3000
Automatic Pistols	40	38	50	100	36	60	60	1000
LMG 7.62	2,500 PLUS 15 magazines	600 plus 8 magazines	700 plus 8 magazines	700 plus 8 magazin es	700 plus 8 magazin es	900 plus 8 magazines	3,500 plus 15 magazines	2,500 plus 15 magazines
9mm Automatic carbine	80 plus 15 magazines	250 plus 8 magazines	350 plus 4 magazines	350 plus 8 magazines	350 plus 8 magazines	350 plus 8 magazines	350 plus 8 magazines	350 plus 8 magazines
Pistol 1”	15 cartridges of each colour	15 cartridges of each colour	15 cartridges of each colour	15 cartridges of each colour	15 cartridges of each colour	15 cartridges of each colour	15 cartridges of each colour	15 cartridges of each colour

CHAPTER 15— ARREST AND DETENTION RULES/PRISONERS AND ACCUSED PERSONS

Arrest for cognizable offence1. (1) Arrest for cognizable offence shall be conducted as follows –

(a)a police officer may arrest any person without warrant, whom he suspects on reasonable grounds has committed a cognizable offence; and

(b)in the manner provided under the provisions of section 29 of the Criminal Procedure Code, 2009 and section 58 of the National Police Service Act, 2011.

(2)An investigating officer shall not arrest any suspect unless it is necessary to do so.

(3)A police officer may, without an order from a court and without a warrant, arrest any person—

(a)whom the officer suspects upon reasonable grounds of having committed a cognizable offence;

(b)who commits a breach of the peace in the officer’s presence;

(c)who obstructs a police officer while in the execution of duty, or who has escaped or attempts to escape from lawful custody;

(d)in whose possession anything is found which is reasonably suspected to be stolen property;

(e)whom the officer suspects upon reasonable grounds of being a deserter from the armed forces;

(f)whom the officer finds in a highway, yard or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit a felony;

(g)whom the officer finds in a street or public place during the hours of darkness and whom he suspects upon reasonable grounds of being there for an illegal or disorderly purpose, or who is unable to give a satisfactory account of himself;

(h)whom the officer suspects upon reasonable grounds of having been concerned in an act committed at a place out of Kenya which, if committed in Kenya, would have been punishable as an offence, and for which the person is liable to be extradited under any law in Kenya;

(i)who having in possession without lawful excuse, the burden of proving? which excuse shall lie on that person, any implement of housebreaking;

(j)who being a released convict is found committing a breach of any provision prescribed by section 344 the Criminal Procedure Code or of any rule made thereunder; or

(k)for whom he has reasonable cause to believe a warrant of arrest has been issued.

Detention of arrested persons2. (1) A police officer shall conduct a clear and unbiased assessment of the facts before arresting any suspect.

(2)Detention of arrested persons shall be conducted as follows–

(a)any person arrested with or without a warrant shall be searched and placed in cells and relevant entries made in the Occurrence Book and the Cells Register;

(b)an arrested person shall be brought before court as soon as possible, but not later than twenty four hours after being arrested;

(c)if the twenty four hours lapse after court hours, or on a day that is not an ordinary court day the arrested person shall be brought to court by end of the next working day; and

(d)when the arrested person is wanted at another police station an apprehension report under section 37 of the Criminal Procedure Code, 2009 shall be submitted to a Magistrate and an application made to have the person remanded to enable such person to be conveyed to the station where he or she is wanted.

Release of person arrested on suspicion3. A Commander of a police station may, after inquiries on arrested persons and on being satisfied that there is insufficient evidence to proceed with a charge, release any person who has been arrested on suspicion of having committed an offence.Arrest of Government or quasi government bodies employees4. (1) In case of an arrest of a person employed in a government institution, the following procedure shall be followed—

(a)where it is necessary to arrest a person in employment of a Government institution, or State Corporation, the head of such person’s department, or a senior member of the department, shall, where possible, be informed; and

(b)in minor cases of violation of national and county legislation by Government, or State Corporation employees, the employee may be summoned through the head of department, or local head of department, of his or her department in accordance with section 95 of the Criminal Procedure Code, 2009.

(2)Where the arrest is pursuant to section 77 (a) of the Kenya Railways Corporation Act, the police officer whose duty it is to make such arrest shall–

(a)request the head of the department of such employee to relieve the employee from his or her duties as soon as practicable; and

(b)refrain from arresting such employee until he or she is so relieved and shall, until such release take all necessary steps to ensure that such employee does not escape.

(3)Where it is necessary to arrest any employee of the Kenya Railways Corporation and the Kenya Ports Authority assistance may be sought from the Kenya Railways Police and Kenya Ports Police or from the local station master as the case may be.

(4)Where any request is made to a head of a department under sub paragraph (1), (2) or (3) above it shall be his or her duty to relieve the employee in respect of whom the request is made without unnecessary delay.

(5)Any member of the Kenya Defence Forces arrested for committing an offence, the Prisoner’s Commanding Officer shall be informed of such arrest without delay.Employers to be notified of arrest of employee5. (1) A police officer, where possible, shall notify anemployer when—

(a)it is found necessary to arrest his or her employee; or

(b)an employee is required as a witness in a court.

Conduct of detentions6. (1) Detention of arrested persons shall be conducted asfollows—

(a)ay person arrested with or without a warrant shall be searched and placed in cells and relevant entries made in the Occurrence Book and the Cells Register; and

(b)an arrested person shall be brought before court as soon as possible, but not later than twenty four hours after being arrested.

(2)If the twenty four hours lapse after court hours, or on a day that is not an ordinary court day the arrested person shall be brought to court by end of the next working day.

(3)If the arrested person is wanted at another police station an apprehension report under section 37 of the Criminal Procedure Code, 2009 shall be submitted to a Magistrate and an application made to have the person remanded to enable such person to be conveyed to the station where he or she is wanted.

(4)Once a person has been arrested, full particulars, including the name and number shown on his identity documents, if any, shall be entered in the relevant Police Station records and on the fingerprint form (Form p.20).

(5)The Identity documents shall remain the personal property of an arrested person and shall be treated in the same manner as other property of an arrested person and in accordance with paragraph 25(9).Rights of an arrested and detained person7. (1) An arrested person has the right—

(a)to be informed promptly, in language that the person understands, of—

(i)the reason for the arrest;

(ii)the right to remain silent; and

(iii)the consequences of not remaining silent;

(b)to remain silent;

(c)to communicate with an advocate, and other persons whose assistance is necessary;

(d)not to be compelled to make any confession or admission that could be used in evidence against the person;

(e)to be held separately from persons who are serving a sentence;

(f)to be brought before a court as soon as reasonably possible,

but not later than–

(i)twenty-four hours after being arrested; or

(ii)if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day.

(g)at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and

(h)to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

(2)A person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.

(3)A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Constitution, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.

(4)A person who is detained or held in custody is entitled to petition for an order of habeas corpus.

(5)A detained person is entitled to–

(a)communicate with and receive visits of members of the family subject only to reasonable conditions and restrictions(when exceptional needs of investigations so

require) which shall be spelt out in the Standing Orders subject to the approval from the Ministry;

(b)inform his or her family of the arrest and detention and place of detention;

(c)access to doctors and general medical assistance when required; and

(d)lodge complaints about ill treatment and the right to compensation, which shall be investigated by the Independent Policing Oversight Authority and not by police officers from the respective police stations.

(6)Where the spouse, child, parent or other close relative of any person held in police custody makes an inquiry at any police station or other police premise as to the whereabouts of the person so held, the person shall, after giving satisfactory proof as to his or her relationship to the suspect held, be allowed to communicate the person in custody.

(7)The detained person shall be entitled to communicate freely and confidentially with persons making the visit.

(8)Whenever a detained person dies in custody, both the officerin-charge and the officer on duty shall immediately notify the Independent Police Oversight Authority and any other body required by law to be so notified in writing no later than within twenty four hours after the incident for purpose of investigations.Release on bail or bond8. (1) The following steps shall be followed in case of release of detainees on bail or bond—

(a)a person arrested by a police officer on a minor offence shall, be released on the security of payment of cash bail, unless the officer-in-charge of the police station has reasonable grounds for believing that the detainee shall not answer his or her bail and the cash bail shall be granted in accordance with Chapter 56 of these Standing Orders;

(b)any person released on cash bail and who fails to appear as required, the officer-in-charge of the relevant police station shall make an application to the magistrate to issue a warrant of arrest for such person;

(c)the cash bail granted under sub- paragraph 1 (a) shall be paid into Court as soon as is reasonably practicable and a receipt issued for such payment, under no circumstances shall cash bail be retained at any police station after the date on which the accused shall have appeared in court;and

(d)a magistrate may, order the cash bail to be forfeited to the State or to be retained by the court until such time as the arrested person may appear or sufficient grounds are shown to exist to justify an order for forfeiture.

(2)Pursuant to section 123 (i) of the Criminal Procedure Code, 2009, the police officer-in-charge of a station, may release a person from the police custody on bail or bond.

(3)If the county commander directs that the offence committed is bailable but there are grounds for the suspect to remain in custody, all documents and particulars thereof shall be entered in the register of accountable documents at both sub-county and police station level.

(4)All cash bail receipt books are accountable documents and all particulars thereof shall be entered in the register of accountable documents at both sub-county and police station level.

(5)Only one cash bail receipt book shall be in use at any one time at any police station and, when not in use, it shall be kept under lock and key, separate from all unused ones which shall also be kept under lock and key.

(6)The officer-in-charge of police stations shall regularly inspect the cash bail receipt book and balance all outstanding receipts against the cash received.

(7)The sub-county commander shall, during the regular inspections and visits shall examine the register of accountable documents and ensure their compliance with the provisions of subparagraphs 5 and 6.

(8)When handing over a police station the police officer-incharge of a police station shall enter in the handing over or taking over certificate, details of the amount of cash bail on hand and shall sign the register of accountable documents as per the status.

(9)A person who is released from custody on either bail or bond shall be required to appear before a magistrate on a specified date, and under no circumstances shall a prisoner released on cash bail or bond be required to appear at a police station or other place.

(10)Despite the foregoing where the alleged offence is punishable by a fine only or by imprisonment for a term not exceeding six months, the officer in charge of a police station shall release the arrested person on cash bail or bond.Factors to consider in relation to bail

9. The following factors shall be considered in relation to bail—

(a)likelihood that the accused will abscond—(i)the nature of the charge or offence and the seriousness of the punishment to be awarded if the applicant is found to be guilty (consider quantity and value of anyitem seized);(ii)the strength of the prosecution case against the accused person ornature of evidence on which the suspect has been arrested;(iii)community ties; if suspect is a foreignor or of unknown nationality (immigration to be notified and supporting evidence obtained); no confirmed place of residence, whether heor she as employment, children/family ties; and(iv)accused failure to surrender to bail on previous occasion (provide criminal case No. & court)(b)likelihood that the accused will interfere with witnesses or the investigation:-(i)likelihood of interference with prosecution witnesses such as proximity of address,community or relationship to any witness;and(ii)the inquiries that have been made by the police in relation to the offence and any further inquiries proposed to be made (including whether information given by the accused has led to discovery of evidence or arrest of another person in relation to other offence);(c)likelihood that the accused will commit an offence while on release—(i)the character and antecedents of the accused (e.g. criminal record and/or material yet to be recovered believed to be possession of the accused); or(ii)other pending prosecutions.(d)that detention is necessary for the accused’s own protection: officer’s view based on views in the community other indicators of possible harm to the accused if released.(e)security of the suspect or accused person Providedthat this Order shall also be guided by the provision of policy on Bail and Bond 2015.Arrest on the basis of an electronic signal10. When arresting a person on the basis of an electronic signal advice, a police officer shall—(a)not arrest on signaled information unless the electronic signal contain the following particulars –(i)in cases of cognizable offences, the name and description of the offender, nature and brief details of the alleged offence and the date offence was committed, whether the offence is bailable and the amount of bail which may be accepted; or(ii)in cases of non-cognizable offences, the same details as for cognizable offences and, in addition, confirmation that a warrant of arrest has been issued;(b)as soon as a wanted suspect has been arrested he or she shall be brought before a magistrate on apprehension report and an application to have the suspect remanded in custody applied for;(c)the station requesting the arrest shall be notified by signal and asked to provide an immediate escort for the suspect.Identity documents of arrested persons11. (1) The identity document of an arrested person shall be handled as follows—(a)once a person has been arrested, full particulars, including the name and number shown on his or her identity documents, if any, shall be entered in the relevant Police Station records and on the fingerprint form (Form p.20); and(b)the Identity documents shall remain the personal property of an arrested person and shall be treated in the same manneras other property of an arrested person and in accordance with paragraph 24(9).Cleanliness of cell12. (1) Police cells and lock-up facility shall—(a)be cleaned thoroughly every day;(b)be whitewashed and disinfected at frequent intervals;(c)be kept in hygienic conditions conducive for human habitation; and(d)have adequate light, toilet and washing facilities and outdoor area.

(2)The detainees’ beddings shall be aired daily and washed when necessary.

(3)The police officer on office duty shall retain the cell keys when not in use, unless special Station Standing Orders exist to the contrary.Cell register13. An Officer in-Charge of a police station shall maintain a cell register into which the following particulars in respect of detained persons shall be entered—

(a)name;

(b)reasons for the arrest and detention;

(c)date and time of the arrest and detention;

(d)date and time of first appearance before a court;

(e)identity of the arresting officer;

(f)date and time for interrogations and identity of interrogators;

(g)date and time of any transfer of the detainee to another place of detention; and

(h)name of the police officer who shall be responsible for the detainees’ welfare and for updating the register.

Daily inspection of cells/14. (1) An Officer-in-charge of a police station shall inspect the cells every day to ensure that they are clean and to ascertain whether the detainees have any complaints.

(2)Any complaints received shall be recorded in the Occurrence Book and the complaint shall be investigated and appropriate action shall be taken if the complaint is found to be genuine.

(3)An Officer-in-charge of a station shall physically conduct a roll call of all persons in cells against the cells Register.

(4)If a detainee complains of illness or appears to be ill or injured, the Officer-in-charge of the police station shall be informed immediately and medical attention sought.

(5)Any prisoner complaining of any injury shall be taken to a medical officer who shall be requested to record such injuries on a prescribed medical examination form and this form shall be available at any subsequent trial or inquiry.

(6)Detainees in police custody may not be employed on any work other than the cleaning of cells and beddings and no unauthorized person may be allowed access to police cells.Movement of detainees/15. (1) A detainee shall not be removed from custody without permission of the officer in charge of the police station except for calls of nature or in cases of sickness.

(2)All movements of the detainees in police custody shall be recorded in the cells register and Occurrence Book in accordance with instructions contained in Chapter 59.

(3)The detainees shall be searched before returning to the cells and when not confined in the cells a detainee shall not be left unattended and vigilance shall be exercised at all times to prevent escapes from custody.

(4)Detainees in police custody shall be kept according to the following requirements—

(a)men and women shall be kept separately;

(b)intersex persons shall be kept separate from men and women;

(c)juveniles and children shall be kept separately from adults; and

(d)police detainees shall be kept separately from convicted prisoners.

Detainees to be searched before placement in custody16. A detainee, before being placed in custody, shall be searched and any object with which he or she may injure himself or herself or any other person or which may facilitate his or her escape shall be confiscated and retained with other articles of the detainee.Detainee to be provided with facilities to communicate with friends or legal representative.17. (1) Every detainee shall—

(a)be given facilities to communicate with a friend or legal adviser, and such person shall be permitted to visit the detainee;and

(b)be afforded privacy during any visit to avoid eavesdropping on conversations by the detainee and the visitor.

(2)During a visit, the police officer on duty shall exercise due care to ensure that the detainee does not escape, and the detainee is in sight throughout the visit.

(3)A detainee may upon request be supplied with writing materials and the detainee’s letters shall be posted or delivered without delay and on payment of the requisite fee and their emails or telephone messages shall be sent at once.

(4)An accused person or his or her advocate shall on request be supplied free of copies of the charge sheet and or cautionary statement relating to the offence for which they have been charged.

(5)When allowing visitors to visit caution shall be taken to prevent any items to be passed in.

(6)Detainees shall be searched thoroughly before the before return to cells.Arrest of foreign nationals18. (1) Members of the press shall not be permitted to photograph or interview any detainee in custody within a police station.

(2)A foreign detainee shall be permitted to communicate by letter, email or telephone or any other applicable media with the consular representative of the detainee’s home country.

(3)Where no mission or consular exists in Kenya as contemplated under paragraph (2), the Inspector-Genral shall, inform the Cabinet Secretary for the time being responsible for matters relating to foreign affairs of the arrest of the foreign national .Dangerous or notorious detainees19. (1) Dangerous or notorious detainees shall be dealt with asfollows –

(a)if a police officer has reason to believe that a detainee in police custody is of a dangerous or notorious character, or one who has assumed one or more aliases, the police officer investigating the case shall inform the officer-in- charge of the police station in writing of the fact;

(b)dangerous and notorious detainees shall be photographed immediately after arrest and before they are produced in court; and

(c)the letter to the officer-in-charge of the police station and a photograph shall be attached to the police case file and the court prosecutor shall attach them to the detainee’s remand or committal warrant so that special precautions to prevent escape, may be taken by the prison authorities.

Detention of notorious or desperate criminals20. (1) A police officer handling a suspect known to be a criminal of particular importance or evil influence shall take special precautions if such suspect can be expected to make a determined effort to escape.

(2)The special precautions under sub paragraph (1) may include–

(a)the issuance of special orders in writing regarding the procedure to be adopted in respect of the particulars of the detainee;

(b)the method in which he or she is to be detained, guarded or visited;

(c)whether the detainee is to be kept in irons;

(d)the police officer responsible for the keys of the cell; or

(e)taking a photo of the detainee.

Feeding of detainees21. (1) Detainees in police custody shall be fed where possible, according to national, religious or tribal customs of such detainees.

(2)The officer in charge of a Police Station may order meals for detainees from an appointed contractor or from a local hotel or restaurant.

(3)An officer in charge of a police station shall record a detainee’s meal requisition form for each order against the relevant occurrence Book entry and certify the correctness after verification that bills for the supply of detainee’s meals tally with the duplicate meal requisition form before payment is made.

(4)An officer in charge of a police station shall ensure the provision of water, towels for women, mattresses, blankets, bed sheets, toilet paper and drinking water to the detainees where it is not available and when possible.

(5)The sub-county police commander shall prepare the tender for the supply of detainees meals and the needed necessities and forward such tenders to the Kenya Police County Headquarters for approval after which the countyor formation commander shall forward a copy of the approved tender to the National Police Service Headquarters.

(6)A detainee may receive food brought by relatives or friends and any food, receptacles or utensils shall be examined before being handed to the detainee and withdrawn immediately after use.Handling of female detainees22. (1) When handling a female detainee, a police officer shall apply the following procedure—

(a)when a police officer arrests a female suspect without warrant, accused of an offence other than murder or treason, and who the police officer considers not to pose a risk, and that it is not possible to bring her before a court at once, the officer shall, if possible, release her on bail or bond and the amount of such bail or bond shall be fixed with due regard to the circumstances of the case.;

(b)a police officer may detain a female offender in custody only when absolutely necessary, and in no case may a female be detained for a petty offence;

(c)a female detainee brought to a police station in a state of intoxication may only be detained until she is sufficiently sober to be released on cash bail or bond;

(d)where it is impracticable for any reason for a police officer to release a female detainee from police custody, the police officer shall apply the following instructions—

(i)a female police officer shall thoroughly search the female detainee with strict regard to decency, privacy and the true gender of the detainee;

(ii)where a female detainee complains of illness or injury or appears to be unwell or injured, the services of another woman shall be obtained to visit and assist her;

(iii)a male police officer shall not enter cells meant for holding female detainees unless accompanied by a female or another police officer;

(iv)the officers-in-charge of a police stations shall ensure that not less than two police officers are always on duty at the police station; and

(v)the door of the cells meant for holding female detainees shall be secured by two locks and each of the two police officers on duty shall retain possession of the key to one lock only;

(e)where no female police officer is present at the police station the services of an adult female shall be obtained to deal with female detainees;

(f)apolice officer shall question all female detainees on arrival at the Police Station, to ascertain if they have any children or dependants in need of care and protection in case the female detainee is not released on cash bail or bond, and where

children or dependants exist, appropriate follow up action may be taken;

(g)a female police officer with strict regard to decency and privacy shall inform all female detainees that sanitary towels are available and if in need a female detainee may be issued with two sanitary towels at a time.; and

(h)where practicable female police officers shall be part of the escort for female detainees when being escorted from police station to the court.

Handling child offenders23. ((1) A police officer shall apply the following procedure when handling child offenders—

(a)a police officer shall strictly observe the provisions of the Children Act when handling child offenders;

(b)a police officer inquiring into a case where an offender under the age of eighteen years has been arrested with or without a warrant and cannot immediately be brought before a court of law, shall unless—

(i)the charge is one of murder or manslaughter or other grave crime;

(ii)it is necessary in the interests of the offender to isolate the offender from associating with an undesirable person; or

(iii)the police officer has reason to believe that the release of the offender would defeat the ends of justice, release the offender, on a recognizance being entered into by the offender’s parents or guardian or other responsible person, with or

without sureties, for such amount as in the opinion of the police officer, secure the attendance of the offender in court;

(c)an accused persons who is apparently under the age of eighteen years shall not be confined in the same cells as adult prisoners, either male or female.

(2)Where a police officer arrests a person under the age of 18 years the police officer shall immediately inform the parent or guardian of the offender when possible..Treatment and custody of intoxicated offender24. (1) An offender found unconscious, insensible or smelling alcohol shall be examined by a medical officer to check for any illness.

(2)The Officer- in -Charge of a police station or other police officer instructed by him or her shall visit an intoxicated offender at least once every two hours and an entry to that effect made in the Occurrence Book.

(3)The Officer –in- Charge of a police station may release an intoxicated offender on bail or bond once the offender is sober, unless there are reasons to the contrary.Property of the detainee25. (1) A police officer shall list and keep in safe custody all articles including cash taken from an arrested person.

(2)All monies shall be placed in an envelope, sealed and a note of the contents and the case fileordetainee’s property receipt number shall be recorded on the outside of the envelope which shall be kept in a safe or cash box provided for this purpose.

(3)The police officer shall issue a detainee’s property receipt in respect of property of each detainee.

(4)A police officer who fails to record a detainees property in the detainee’s property receipt book as well as those who record but fail to surrender the receipt to the detainee on release shall be guilty of a disciplinary offence.

(5)The detainee shall check the articles at the time they are taken from him or her, and again when they are returned.

(6)When owing to intoxication or other reasons, a detainee is unable to check his property at the time of search, such property shall be checked by two police officers and the detainee shall be asked to check it as soon as he or she is capable of doing so.

(7)When a detainee is released from custody, his property shall be returned to him on presentation of the original copy of the detainee’s property receipt and his signature or thumb print placed in the appropriate place on the receipt.

(8)This Order applies whenever a prisoner is removed from physical custody at a police station when being released, sent to court or being escorted to another station.

(9)The property of a detained person shall be handled as follows—

(a)all the property belonging to a detainee shall be recorded in a detainees' property receipt book which shall be an accountable document and shall be maintained and inspected in the same way as a cash book;

(b)when a detainee is transferred from police custody to prison custody and leaves property in the possession of the police, the property shall be safeguarded or disposed with the detainee’s consent to a person known to the detainee;

(c)if disposal under subparagraph (b) is not possible, the officer-in-charge of the police station shall label the property with the name of the owner, his prison number, probable date of release from prison and the case file number;

(d)the officer in charge of a police station shall inform the officer-in-charge of the prison to which the detainee has been committed that the property is in his possession and a copy of the letter filed in the relevant case file;

(e)when the detainee is released from prison the officer-incharge of prison shall hand over the property from the police station and, at the inform the officer-in-charge of police station concerned of the date of release;

(f)in cases where a detainee's home is outside the sub-county where the detainee was serving his prison term and where he has left bulky property, the officer-in-charge of the prison shall, not less than one month before the prisoner is released, notify the officer-in-charge of the relevant police station, requesting him to forward the detainee's property to the police station nearest to the detainee's home;

(g)if the property is not reclaimed by the detainee within onemonth from the date of his release, the officer-in-charge of the police station shall treat such property as unclaimed and act in accordance with the provisions of the National Police Service Act;

(h)an inventory or description of a detainees property presented before a magistrate shall state the circumstances that led to the acquisition of such property by the police; and

(i)all lost and found property shall be recorded in the Lost and Found Property Register with a clear notification that such property is being held pending collection by the owner, and as such shall not be proclaimed.

Taking fingerprints26. The circumstances in which detainees in police custody shall be fingerprinted are as provided in Appendix 15(a).Remand detainees27. (1) Except where special arrangements exists, all remand detainees in prison custody required to be produced in court shall be taken into police custody at the prison and remain in such custody until returned to the prison or discharged by the court.

(2)If a detainee is further remanded or committed for trial or sentenced to a term of imprisonment, he or she shall be returned to the prison custody with relevant court warrant.

(3)A convicted detainee who is required to be produced before court as a result of a production order is the responsibility of the prison officers and shall be in their custody.

(4)Detainees on remand or those committed for trial and who are required to appear before the Superior courts, or Subordinate courts shall be brought and held in respective court cells manned by prison officers and their subsequent production before the appropriate court shall be the responsibility of the prison officers.

(5)A detainee discharged by the court shall not be released until it has been ascertained that there are no further charges pending against him or that he or she is not serving a prison sentence.

(6)Where a detainee is facing more than one charge, the Officer-in-Charge of the Police Station or investigation shall endorse the particulars of all charges in red ink on the case file cover or charge sheet, if it is a petty charge case, and cross reference them against each other to ensure that in the event of the prisoner being acquitted or discharged in one case he or she is not set free but remanded further to answer the other outstanding charges.

(7)Remand warrants shall be checked against the prisoners efore the detainees are taken over by the police and signed for in the Remand Disposal Register maintained by the prisons authorities.

(8)Detailed instructions concerning the custody of remand prisoners shall be embodied in local Standing Orders.Remand in police custody28. A request to the court for a prisoner to be remanded in police custody shall only be made on the authority of the officer-in-charge of the sub-county and only in the circumstances enumerated in section 205. and 236 of the Criminal Procedure Code.Inquiry into allegations of ill treatment29. (1) Any allegation of ill treatment of prisoners, or of witnesses or other persons, or any suggestion of harsh or oppressive treatment by a police officer shall be the subject of an immediate inquiry, and where the facts warrant, disciplinary action or court proceedings shall be instituted against the police officer concerned.

(2)An Officer-in-Charge of police stations shall be constantly on the alert to prevent any instances of ill treatment, which are detrimental to the good relation with the public and contrary to the police tradition.

(3)Where a detained person dies in custody, the officer in charge of the police station shall notify the Independent Policing Oversight Authority and any other body required by law to be so notified for purposes of investigation.Escape from police custody30. (1) Detainees in police custody shall be strictly guarded to ensure no detainee may escape.

(2)Every escape from police custody shall be the subjected to an immediate inquiry and an inquiry file shall be opened containing all details including the finding and subsequent action taken.

(3)Inquiry files shall be completed from top to bottom and forwarded to the county or formation headquarters in the following manner –

(a)Sub File A proceedings of inquiry;

(b)Sub File B statement;

(c)Sub file C summary;

(d)Sub File D finding; and

(e)Sub File E recommendation.

(4)Pursuant to section 61 and the Sixth th Schedule of the National Police Service Act, every police officer shall adhere to the requirement that firearms may only be used when less extreme means are inadequate and for the following purposes—

(a)saving or protecting the life of the police officer or other person; and

(b)in self-defence or in defence of other person against imminent threat of life or serious injury.

Provided that arms shall not be used as authorized in this paragraph, unless the officer has reasonable ground to believe that he or she cannot otherwise prevent, the escape, and unless he or she gives warning to such a person that he or she is about to use arms against him and the warning is unheeded.

(5)A sub-county police headquarters shall maintain an Escapes from Police Custody Register containing the following particulars—

(a)serial number;

(b)case file number;

(d)brief detail of escape;

(e)person found responsible;and

(f)disciplinary or other action taken.

Detainees in hospitals31. (1) The movement of the detainees in hospitals shall not be restricted by any form of mechanical hindrance including irons, handcuffs or chains without the consent of the medical officer.

(2)Police officers guarding detainees in hospitals may at any time make a request to a medical officer to apply mechanical restraint to a detainee at any place in the hospital.Escape from prison custody32. (1) Immediately an escape from prison custody is reported, speedy action directed at the speedy recapture of the escapee shall be commenced.

(2)If the escapee is not immediately recaptured, the following administrative measures shall be taken—

(a)an immediate report shall be made by the prison officer to the nearest Police Station containing –

(i)a photograph of the detainee and the negative;

(ii)a full personal description of the escapee as recorded in the prison records;

(iii)the personal details of the detainee such as tribe, SubCounty, home address ;

(iv)a description of the clothes worn at the time of the escape (if known); and

(v)any information regarding the names and addresses of persons who have visited him in prison, to whom he or she may have written letters, or from whom he or she may have received letters;

(b)where circumstances permit, the Officer-in-Charge of the police station shall in conjunction with prison officers organize an immediate search for the escapee;

(c)the Officer-in-Charge of the police station shall make an immediate circulation of the escapee by the quickest means available to neighboring police station or police formation through whose area the escapee may pass or visit;

(d)the Officer-in-Charge of police station shall send an “immediate” signal to “Criminal”, Nairobi, giving the following particulars —

(i)name of escapee;

(ii)prison number;

(iii)criminal records office (C.R.O) docket number;

(iv)identity card number if known;

(v)tribe;

(vi)sub-County;

(vii)chief;

(viii)location

(ix)sub-Location;

(x)previous record if known;

(xi)date and time of escape; and

(xii)likely destination;

(e)upon receipt of the “immediate” signal at the Identification Bureau, the Principal Criminal Registrar shall examine the record of escapee and in the light of the information contained therein concerning the number and type of previous convictions and any other circumstances or information relative to the escapee, shall decide whether or not a signal should be sent to the Police Station in the area to which the escapee belongs and to the last Police Station in whose area the escapee was convicted, as well as to any other Police Station area known to be frequented by the escapee;

(f)the prison officer shall submit to the Police Station concerned two copies of Escape Reports in Prisons Form No. 31. in respect of escapes from prisons, or Form 31A in respect of escapes from detention camps;

(g)the Officer-in-Charge of the Police Station shall forward one copy of the Form 31 or 31A to the Principal Criminal Registrar, Identification Bureau, respective Service Headquarters, Nairobi. If a warrant of arrest has already been obtained, this fact should be noted on the Prisons Form No. 31. or 31A and I or on the Prisons Form No. C. 8 entitled ‘Descriptive Form” when it is sent to the Identification Bureau;

(h)the officer-in-charge of Police Station shall open a case file, enter, the offence in the Serious Charge Register, record statements and place them in the case file and also place in the case file one copy of the Prisons Form 31 or 31A and one copy of the “Descriptive Form” (C.8);

(i)the Officer-in-Charge of the Police Station shall obtain a warrant of arrest which shall be placed in the case file. If he or she has not already notified the Identification Bureau of the existence of a warrant of arrest when submitting Prisons Forms 31 or 31A and Form No.C.8 “Descriptive Form” in accordance with sub-paragraph (vii), he or she shall now inform the Identification Bureau of the fact that a warrant has been obtained;

(j)the Principal Criminal Registrar shall immediately inform the Central Registration Office of the full particulars of all escapees, regardless of whether or not they have been circulated in Police Gazette;

(k)the Officer-in-Charge of the Police Station shall notify the Identification Bureau by signal immediately the escapee has been recaptured.

Pursuit of escapees33. A police officer from whose custody a prisoner escapes, or is rescued, may pursue such prisoner to any place in the Republic and arrest him or her.Detention of mental patients34. (1) Where a mental patient is taken into police custody, the following measures shall be put into place—

(a)any police officer of or above the rank of Inspector or Officer-in-Charge of a police station may—

(i)take, or cause to be taken, into his or her custody any person whom he or she has reason to believe to be suffering from mental disorder or defect, and is found within the limits of his or her jurisdiction wandering at large;

(ii)shall take into custody any person within the limits of his or her jurisdiction whom he or she has reason to believe to be dangerous to himself or to other or, who by reason of such mental disorder or defect, acts or is likely to act, in a manner offensive to public decency;and

(iii)any person so taken into custody shall forthwith be taken before the nearest Magistrate;

(b)the Officer-in-Charge of a police station who has reason to believe that any person within the limits of his or her jurisdiction is suffering from mental disorder or mental defects, and is not under proper care or control, or is being cruelly treated or neglected by any relative or other person having charge of him or her, shall forthwith report the fact to the nearest magistrate, who may order such person to be brought before him or her; and

(c)when such person as is described in sub-paragraphs (a) and

(b)is taken before a magistrate, the magistrate shall examine him or her, and if he or she considers that there are grounds for proceeding further, shall cause him/her to be examined by a medical practitioner, and make such other inquiries as he or she considers necessary.

Guarding mental patients35. (1) Mental patients shall be guarded in the following manner—

(a)on being brought to the police station,the patient with mental disorder , shall be searched and his or her personal property, other than clothing, shall be removed and accounted for on a detainee’ s property receipt which shall be checked by two officers. Such articles as belts, ties, strings or any article worn on the body with which the prisoner may use to inflict harm upon himself or any other person shall be removed and accounted for on the prisoner’s property receipt.’

(b)the officer accepting custody of any mental patient, before placing him or her in a cell, shall carry out an inspection of the cell in which he or she is to be detained to ascertain that such a cell is secure and that nothing remains in the cell which can be used by him/her to inflict injury upon himself or herself;

(c)an entry shall be made in the Occurrence Book to the effect that the search as in sub-paragraph (b) has been carried out;

(d)a mental patient shall be placed in a cell of his/her own. Under no circumstances may any other prisoner be placed in the same cell;

(e)in all cases where mental patients are detained, the Officerin-Charge of police station shall be informed immediately;

(f)a special cells sentry shall be detailed in cells, should the mental patient become violent or attempt to injure him or herself by any means this sentry shall immediately report to the Officer-in-Charge of the Report Office. On no account shall this sentry enter the cell of the mental patient alone;

(g)upon receipt of a report that the mental patient has become violent, the Officer-in-Charge of the report office shall proceed to the cell with sufficient constables to overpower the mental patient if necessary. One constable shall remain outside the cell, and not less than two shall enter the cell to prevent the patient from causing himself further injury. If necessary and practicable, the assistance of a medical Officer should be obtained;

(h)all police officers dealing with mental patients shall appreciate that they are sick persons, and that their actions, therefore, shall be human, and only the minimum service required to restrain the mental patient may be used;

(i)when meals are served to mental patient no knives, forks or other implements shall be placed in the cell, and the meal shall be consumed by himor her in the cell;

(j)if the mental patient for any reason, has to be removed from the cell, not less than two police officers shall accompany him, and at no time shall he or she be left unobserved;

(k)the use of handcuffs, leg irons or other mechanical means of restraint may only be resorted to on instructions of the Officer-in-Charge of the police station;

(l)the provisions under paragraph 21 regarding female prisoners shall apply to female mental patients;and

(m)when enforcing curfew, police officers shall consider street families and use minimum force to restrain the street families.

Sick detainees36. (1) An Officer-in-Charge of a Police Station who reasonably believes that a detainee is suffering from a communicable disease shall lock the detainee in a separate cell. Where the offence is bail able the detainee may be bailed out to seek medical attention.

(2)Detainees in police custody shall enjoy the services of chaplaincy and counseling on weekly basis as determined by the police officer in charge of the police station.Effecting arrests37. (1) In making arrests, police officers shall—

(a)take all reasonable precautions in arresting and detaining persons to ensure against escape;

(b)ensure the arrested persons have no weapons or other items that may inflict bodily injury or which may be required as evidence or exhibit in court;

(c)responsible for the safety of arrested persons and their property;

(d)exercise caution with firearms or other weapons at all times and particularly when in the presence of arrested persons;

(e)secured and removed weapons from locations accessible to arrested persons;

(f)treat arrested persons in a humane manner as provided for by law and they shall not be subject to physical force unless as required to subdue violence or ensure detention;

(g)not strike any arrested person unless in self-defense, to prevent escape, or to prevent injury to another person;and

(h)not verbally abuse arrested persons.

(2)A police officer conducting a search on an arrested person shall do so in accordance with the National Police Service Act.

(3)A police officer shall not purchase or accept any item for personal use from any suspect or arrested persons or from anyone associated with any suspect or arrested persons.Prohibition of bail posting and other transactions by officers.38. (1) A police officer shall not post bail for persons placed under arrest by a member of the Service, without the approval of the Officer-in-Charge of the respective Service within the county.

(2)A police officer shall not accept money as bail or in payment of fines except in accordance with the provisions of the law.

APPENDIX 15 (a)— INSTANCES IN WHICH FINGERPRINTS SHOULD BE TAKEN AND THE TAKING IN TO CONSIDERATION OF OUTSTANDING CHARGE

WHEN TO TAKE FINGERPRINTS1. The fingerprints of all persons charged with offences specified hereunder shall be forwarded to the Identification Bureau, Box 30460, Nairobi, for record of previous convictions –

(a)all Penal Code offences except common assault;

(b)offences under any Act or Regulation when imprisonment of over six months may be imposed; or

(c)any other offence, for which specific provision exists for enhanced punishment on reconviction.

THREE SETS TO BE TAKEN IN CERTAIN CASES2. One set of fingerprints together with a descriptive Form (C.8) shall be submitted to Police in Form 20(red form for female accused and black for male accused).In the following cases fingerprints shall be submitted in triplicate –

(a)all persons of whatever race, of immigrant origin, who came to the country after the age of 16 years;

(b)all persons believed to have been criminally convicted in any country outside Kenya. In such cases the country in which the accused is believed to have been convicted shall be indicated on the form;

(c)all persons having badly scarred fingers or whose fingers for some reason have indistinct impressions. In the case of fingertips being scarred or amputated date of such scarring or amputation should be obtained and shown on the form; or

(d)members of tribes living at or near the boundaries of neighbouring countries.

PROCEDURE WHEN ACCUSED CHARGED ON SEVERAL COUNTS3. In the event of a person being charged on more than one count, only one set of fingerprints shall be submitted unless the accused is one of the persons named in paragraph 2 above. Should he or she be charged with a number of offences which cannot properly be joined, fingerprints in respect of each charge shall be forwarded.TWO OR MORE SETS TO BE CLIPPED TOGETHER4. When two or more sets of fingerprints of one person are submitted they shall be clipped together in order to avoid Identification Bureau staff carrying out double searches.PARTICULARS TO BE COMPLETED5. Particulars of Police Form No.20 shall be completed. Names shall be written in block letters and in full. Initials shall not be used, In the case of Asians; the father’s nd grandfather's name shall be shown. Identity cards, when in the possession of the accused person, shall be used to obtain the correct name spelling and registration number. The date and place of birth of all persons of immigrant origin shall be shown in full. The certificates on the reverse of the form shall be signed by one of the persons indicated.METHOD OF FORWARDING FINGERPRINTS6. Forwarding of fingerprints shall be carried out as follows –

(a)Nairobi area-Police Officers-In-Charge of Police stations in Nairobi Area shall ensure that fingerprints of all persons arrested and charged during the last 24 hours are delivered at Identification Bureau Service Headquarters, Nairobi by 7.30 a.m. each day, except weekends and public holidays. The certificate of previous/no convictions in respect of such fingerprints shall be delivered to the court nominated on the reverse of Police Form 20 at 12 noon and 3 p.m. on the same day.

(b)remainder of the Republic- The fingerprints of any person taken under the provisions of paragraph 1 above, shall be forwarded immediately to the Officer-in-Charge Identification Bureau P.O Box 30460 Nairobi, for the certificates of previous/no previous convictions and shall be forwarded to the station concerned by return in respect of all such finger prints.

CHARGE SHEET TO BE ENDORSED7. The reverse of the charge sheet shall be endorsed in the appropriate space with the date on which the fingerprints of the accused were taken and dispatched to identification Bureau.ACTION TO BE TAKEN ON CERTIFICATE8. The action to be taken on certificates is –

(a)certificates of previous/no previous convictions shall be forwarded to the police station in quadruplicate, for disposal as shown in sub-paragraph (b) (i) to (ii).

(b)it is essential that the information contained in criminal records is correct in every detail and sub-county Commanders shall be held responsible for the accuracy of the information supplied to the Identification Bureau. The officer completing the result of the trial shall proceed as follows –

(i)the original of the certificate shall be returned to the Identification Bureau immediately upon the conclusion of the case in court with the result of the trial shown in the correct space provided. The result shall be written legibly in ink or typewritten and shall be signed only by Prosecutor or the Station Commander concerned;

(ii)the duplicate, also endorsed with the result of the trial, shall be retained in the police file;

(iii)the triplicate shall be handed to the court clerk for attaching to the committal warrant, if any, should the accused have been sent to prison before arrival of the certificate, this copy shall be completed as in (i) above, and forwarded to the prison in which the prisoner is serving sentence;

(iv)the quadruplicate copy shall be handed to the court for filing in the court record;

(v)after completing the form , it should be checked to ensure that it refers to the person whose conviction is being recorded;

(vi)all sections of the form shall be completed in full and abbreviations shall not be used;

(vii)if the offence differ from the original charge an explanation shall be given;

(viii)where two or more offences are involved, the sentences in respect of each shall be given;

(ix)in the event of escape or non-appearance of the accused in the circumstances which necessitate his/her being circulated as a wanted person, all four copies of the previous conviction certificate shall be returned to the Identification Bureau, accordingly endorsed. Upon ubsequent arrest of the accused, new set of fingerprints shall be taken and submitted;and

(x)in all cases where a duplicate case file is submitted to the Legal Department for the attention of State Counsel, as laid down in Guideline to Criminal Investigations of these Service Standing Orders, 2 copies of the certificate could be included in this file and shall be afterwards dealt with as in (iii) and (iv) above. The remaining two copies should be retained in original case file and on completion of trial shall be dealt with as in (i) above.

COMMITTAL WARRANTS9. (In circular to Magistrates NO. 15 of 1956, Magistrates having been informed that there is no objection to the handing of a quadruplicate copy of the committal warrant to the police for their records.) In all proceedings before a Magistrate, t the Court Prosecutor shall obtain a copy of the committal warrant which shall bear the left thumb impression of the accused in the space provided, and forward it to the Identification Bureau attached to the completed certificate of previous or no previous convictions.PROCEDURE ON DENIAL OF PREVIOUS CONVICTION10. (a) Should an accused person deny any or all of the convictions recorded against him, Magistrates may remand the accused for fourteen days. His/her fingerprints shall then be taken and sent to the Identification Bureau, who shall issue a fresh certificate on the relevant form.

(b)The officer who took the fingerprints shall then produce this form to the court on the adjournment date. This certificate if properly produced shall be prima facie evidence of all the facts it contains (circular to magistrate's 4 of 1969 refers).

FINGERPRINTS OF SUSPECTS11. (a) A “Two Hand” Collection of finger prints and palm prints of person known to commit offences allied to breaking and entering is maintained by the Identification Bureau Service Headquarters Nairobi. The object of the collection is to identify finger and palm prints found at scenes of crimes.

(b)Palm prints of all persons suspected of or charged with any of the following offences shall be recorded on Form C.24 and sent to the Identification Bureau.

(i)breaking and allied offences;

(ii)robberies;and

(iii)theft of or from motor vehicles

(c)Form C.24 shall bear the name of the accused, the police station and the charge register number and it shall be attached to the police Form 20 (fingerprint form) when it is submitted for previous convictions.

FINGERPRINTS: POLICE CLEARANCE CERTIFICATES12. (a) Every person applying for a good conduct certificate shall be required to pay search fee as laid down from time to time by the Inspector General. This fee shall be payable irrespective of whether or not a certificate is subsequently issued and shall be credited to Treasury.

(b)(Such application shall be dealt with as followsNAIROBI AREA and surroundin stations-

(i)all applicants shall be referred to Directorate of Criminal Investigators Headquarters where they pay the necessary search fee and be fingerprinted.

(ii)all other areas persons shall be advised to make application to the station of the area in which they reside.

The Officer-in-Charge of the police station shall obtain the applicant's fingerprints on Form C.24 and instruct him/her to pay the necessary search fee to the nearest SubCounty Headquarters. Finger prints (Form C. 24) showing the miscellaneous Receipt number shall then be forwarded to the Directorate of Criminal Investigations. Headquarters, Nairobi with a covering letter quoting the applicant's address and reasonfor requiring the certificate. The original receipt shall be handed to the applicant.Particulars of any local knowledge adverse to the applicant's should be given. Under no circumstances shall such applicants be referred to Criminal Investigation Department, Headquarters for their certificates.

(c)If the check and search proves negative and no other detrimental material/information or previous conviction is disclosed a certificate to that effect shall be issued by the Director of Criminal investigation and forwarded to the applicant together with the fingerprints.

(d)Applications received from persons residence from outside Kenya shall be referred to the Directorate of Criminal Investigation DCI Headquarters Nairobi.

Chapter 16 —BOMB THREATS AND TERRORISM

Procedures and responsibilities in event of bomb threats1. (1) The procedures and responsibilities set out in these Orders shall be employed in the event of a bomb threat targeted at the public, specific person, a building or any other facility.

(2)It shall be the responsibility of a police officer to whom information has been given about a bomb threat incident to take the necessary measures to facilitate the coordination of efforts aimed at protecting the lives and property under threat.

(3)The Service shall develop a Bomb Threats Operational Manual detailing instructions on how to manage bomb scene.Steps after receiving a bomb threat2. (1) Upon receipt of information relating to a bomb threat in any part of the Republic the following measures shall be undertaken-

(a)attempt to get as much information from the reporter as possible and immediately relay the information to the dispatch center;

(b)police officers shall immediately be dispatched to the scene;

(c)the Officer-in-Charge of the police station nearest to the area under threat shall be notified;

(d)the Officer-in-Charge of the police station nearest to the area under threat shall immediately assess the seriousness of the threat and take the necessary action including—

(i)evacuating the area;

(ii)condoning off the area;

(iii)attempt to ascertain the location of the device if it has not detonated, the time of detonation, type of device, and any other characteristic feature of the device;

(iv)immediately enlisting assistance from a bomb technician, bomb squad, firefighting services, the Kenya Defence Force or any other body with specialized skill and knowledge;and

(v)taking any other measure aimed at ensuring the safety and security of people and property;

(e)the Officer-in-Charge shall coordinate with other government agencies for purposes of sharing relevant information;

(f)where a suspicious object is located, in the area under threat, necessary steps shall be employed to evacuate any persons within the vicinity without disturbing the object, until the bomb experts arrive at the scene; and

(g)upon arrival of the bomb experts, the Officer-in-Charge shall share any information about the scene and allow them to take charge of the situation.

Threat received by telephone call3. (1) A police officer who receives a bomb threat through a call shall—

(a)keep the caller on the line as long as possible;

(b)write down all the information obtained from the caller in the exact words;

(c)record all the information in the bomb threat record form which shall be kept near all phones; and

(d)inform the relevant authorities.

Responsibilities4. (1) Bomb threats directed towards –

(a)any member of the Service;

(b)the public;

(c)any building;

(d)any facility; or

(e)event,

whether received via mail or by phone by any police officer, shall be immediately reported to the police stations, posts, outposts, units, unit bases or higher authorities.

(2)In areas where the Kenya Defense Force is present, they shall be notified and their assistance sought.

(3)The responsibility for investigating bomb threats rests with the bomb technician or bomb squads.

(4)The bomb squad shall notify other relevant agencies of any bomb threat.

(5)The responsibility for directing the evacuation of any facility or event shall rest with the Officer-in-Charge or designee.

(6)Any police station, post, outposts, unit, unit bases or any police formation shall dispatch a situation report to the Service headquarters and county commanders and sub-county commanders and the police station as the case may be.Investigation5. (1) A police officer receiving a report of a bomb threat from any person shall interrogate the person and determine the legitimacy of the report.

(2)Depending on the nature of the information obtained, decision shall be made to conduct a preliminary search of the facility or to immediately begin evacuation procedures.

(3)If time permits, a preliminary search of the facility shall be conducted before any evacuation is conducted.

(4)Preliminary searches shall be performed by trained Service personnel with the assistance of appropriate maintenance, caretakers, custodial or personnel familiar with the area or facility.

(5)In conducting preliminary searches, the Officer-In-Charge shall involve the occupants of any building without disrupting the ormal business unless circumstances require evacuation to be carried out.Emergency Response6. The Officer-in-Charge shall, in accordance with the procedures set out in the Bomb Threats Operational Manual, employ appropriate fire and medical personnel and equipment in the affected area.Bomb Extraction7. Any suspected bomb or suspicious object shall be dealt with in accordance with procedures set out in the Bomb Threats Operational Manual.Scene of Explosion8. (1) Whenever an explosion occurs, the scene shall be preserved until the bomb technician or squad arrive to-

(a)perform initial post blast investigation;

(b)stop any threat; and

(c)provide any support needed.

(2)In case of casualty that requires immediate medical attention, the Officer-In- Charge shall arrange for an evacuation team to conduct tactful removal without disturbing scene integrity.

(3)Dead bodies, where possible, shall stay at the scene and be removed in accordance with the procedures set out in the Bomb Threats Operational Manual.

(4)The Officer-In-Charge shall interview any person willing to give information on what they witnessed.

Chapter 17 —CHANGE OF COMMAND

Handing over notes and certificate1. (1) A police officer handing over shall prepare for the successor, handing over notes relating to command and a handing over certificate in Form contained in Appendix 17(a).

(2)The handing over notes and handing over certificate shall be completed by both officers in the following circumstances—

(a)on change of command of any police establishment; or

(b)where the police officer in charge of a police establishment is away as a result of transfer, redeployment, leave, course or for any other reason as the case may be.

(3)The notes referred in sub -paragraph (1) shall be brief and concise and compatible with their object and where necessary reference may be made to the relevant correspondence.

(4)The format for the preparation of handing over notes is as set out in Appendix 17(b).

(5)The handing over report shall contain the following two Parts—

Part I

(a)name of the County, Sub-County, Station or Post;

(b)names and number of Sub-Counties, where applicable;

(c)names and number of posts, where applicable;

(d)names of heads of departments, where applicable;

(e)political and administrative environment;

(f)crime index;

(g)culture, tradition and social orientation ;and

(h)socio-economic activities

Part II

-(a) number of personnel under command together with their details;

(b)firearms and ammunition under custody;

(c)stores and facilities;

(d)welfare; and

(e)comments on the incidence of crime and the method adopted for its suppression and detection and attention shall be drawn to all important cases and procedures suggested for their investigation.

(6)The handing over notes referred to in sub- paragraph (1) shall be—

(a)the medium through which the incoming officer shall be guided on matters which have been engaging the attention of their predecessor; and

(b)to ensure and enhance continuity of policy in the Service.

Confidential reports on personnel2. (1) In addition to the handing over notes and certificate issued to the incoming officer, the officer handing over shall attach to the handing over notes and certificate, a separate confidential report on the ability, efficiency, zeal and characteristics of personnel.

(2)The confidential report shall contain the Service number and rank of each officer quoted against their name.

(3)The report shall not materially differ from the last Annual Confidential Report and it may be sufficient to make reference to it.3. Every copy of the handing over notes and reports on personnel shall be transmitted under confidential cover.Resuming command on return from leave4. (1) The contents of handing over notes shall depend on the knowledge of the formation and its area already possessed by the incoming officer.

(2)On return of a police officer to command held by such officer immediately prior to proceeding on leave, it shall be sufficient for the handing over officer to provide the officer resuming commandwith brief notes on changes, events and challenges which may have occurred during their absence.

(3)A police officer handing over command to their successor,where the successor has no previous knowledge of such command, the officer handing over shall furnish the officer with a comprehensive outline of all aspects of the command.Actions to be taken5. (1) On change of county command, the original copy of the report shall be retained at the County or Formation headquarters, and a copy of the handing over notes and certificate together with two copies of confidential reports referred in sub-paragraph (1), shall be forwarded to—

(a)the respective Deputy Inspector-General;

(b)the Director of the Directorate of Criminal Investigation;

(c)all Gazetted Officers within the County or Formation;

(d)all members of the Inspectorate; and

(e)the senior members of the civilian staff within the SubCounty including those attached to Transport, Communications and Traffic.

(2)On change of sub county command—

(a)the original of the handing over notes and certificate shall be retained at the Sub-County Headquarters and two copies of the handing over notes and certificate together with three copies of confidential reports referred to in sub-paragraph (2) shall be forwarded to—

(i)all Gazetted Officers within the Sub-County;

(ii)all members of the inspectorate;and

(iii)senior members of the civilian staff within the SubCounty including those attached to Transport, Communications and Traffic.

(b)the County or Formation Commander shall transmit one copy of the notes and certificate and two copies of the confidential reports on personnel, with their observations to the respective Deputy Inspectors-General and Director,Directorate Criminal Investigation;

(c)all Sub-County records, stores, equipment, arms and ammunition shall be checked and any deficiency recorded in the handing over certificate;

(d)the taking over officer shall personally check the SubCounty imprest account, if any, and record in the handing over certificate details of cash balance, paid or partly paid vouchers, and amounts claimed as reimbursement, the total which shall conform to the authorized imprest; and

(e)the details of Revenue and Welfare Fund, both cash and bank balance shall also be recorded in the certificate.

(3)On station or post change of command—

(a)the original handing over notes and confidential reports shall be retained at the police station or post and two copies of the handing over notes, certificate and three copies of the confidential reports on members of the Inspectorate and Non Commissioned. Offiers shall be forwarded to the SubCounty Headquarters;.

(b)the Sub-County Commander shall retain one copy of the handing over notes and forward the other with their comments to the County or Formation Commander; and

(c)all station records listed in the Records Order of these Service Standing Orders shall be checked and stores, equipment, arms and ammunition verified against the inventory book and any deficiency noted in the handing over certificate.

Visits to formation on change of command6. (1) On the change of command of a County or Sub-County, every subordinate Formation shall be visited by the officer handing over and the successor concerned and where it is not practicable to undertake such visits, visits may be confined to the more important of the subordinate formations.

(2)Despite sub paragraph (1), the officer handing over and the successor shall comprehensively discuss each Formation and study together all matters affecting the security of the County or Sub-County.

(3)Subject to sub paragraph (1),where it is not practicable to visit all subordinate Formations in the process of the change of command, the incoming officer shall do so as soon as is practicable after the change of command has been effected.

APPENDIX 17(a)—NATIONAL POLICE SERVICE HANDING AND TAKING OVER CERTIFICATE COUNTY/FORMATION /SUB-COUNTY/STATION

FORM 17 A

I acknowledge having taken over form.............. all arms, ammunition, furniture, equipment, stores, found property and exhibits according to formation records. I have also received balance of cash as follows:-

Imprest		Kshs.
Cash.......................		.................................................
Paid Vouchers.....................................		...................................
Partly Paid Vouchers......................		...............................
Reimbursement claimed......................
........................................................
Video Ref...............................
Of..........................................
		Total............................
Authorized imprest......................		.................................................
Revenue......................................		.................................
Welfare Fund Cash.........................		......................................
Bank/Post Office Savings.....................		..................................

Plus safe keys (enumerated hereunder), formation records and correspondence, and the handing over notes of my predecessor.Further, I have received:-

(a).............................. copies of the secret pamphlet containing the Memorandum of Instructions in case of Civil Disturbances.

(b)Secret seal

(c)Police Code and Instructions for using

(d)Local Internal Security Scheme (s)

REMARKS (To include particulars of safe keys, discrepancies, missing stores, police case files and exhibits)

Office handing over		Office taking over

Date:....................NB: Items not applicable shall be deletedBoth officers concerned shall retain a copy of the handing/ taking over notes and certificates and the original shall be filled at the formation.

APPENDIX 17 (b)—NATIONAL POLICE SERVICE HANDING OVER NOTESOF..........................................COUNTY/FORMATION/SUB-COUNTY/STATION BY...............................TO...................................ON...................................

1. Introduction (the area of Command and Boundaries).2. Security situation and any problems connected therewith3. Establishment and its adequacy:-

(a)Personnel; and

(b)transport (condition of vehicles and quality of servicing to be commented on).

4. Communications.5. Buildings (adequacy and condition):-

(a)Offices

(b)Residential: All officers; and

(c)Future Development proposals

6. Incident of crime (methods for its suppression and aids available for detection; details of any serious or important current cases to be given).7. Stores, equipment, arms and ammunition (state availability and procedure for obtaining and issuing to subordinate formations).8. Vote control (the state of each vote showing actual allocation and expenditure up to the date of change of command).9. Pay procedure.10. Conference: Sub County Station/Post Commanders meetings including intelligence and security committee meetings.11. Training and development of personnel.12. Inspection and visits to subordinate formations.13. Welfare.14. Discipline and morale.15. Courts and relations with the judiciary.16. Relations with the Administration, County and National Government bodies.17. Brief notes on the V.I.Ps including Members of Parliament and Trade Union officials living the area.18. General (to include any other problem peculiar to the formation).19. Conclusion.


		............................
		Handing-over suffer

Date:......................

Chapter 18 —CHAPLAINCY

Legal Framework1. (1) There is established a Police Chaplaincy Service within the National Police Service pursuant to Article 32 of the Constitution of Kenya, 2010.

(2)Police chaplains shall be deployed at the service headquarters, county or formations, sub-county, station and wherever officers of the Service are deployed.Scope of Chaplaincy Regulation2. This Chaplaincy Orders applies to all police chaplains deployed within the National Police Service, regardless of their religious affiliation.Objectives3. (1) The Chaplaincy objectives in the National Police Service shall include –

(a)to provide stress management to officers and their families;

(b)to provide spiritual nourishment to officers and their families;

(c)to promote moral values and inculcate integrity in the lives of officers and their families;

(d)to provide spiritual guidance and counseling to officers and their families;

(e)to accompany and provide social, psychological and spiritual support to officers on active operations;

(f)to provide psychological debriefing after operations; and

(g)to provide critical incident stress management.

Administration4. (1) The Chaplaincy Program shall be administered under the respective Deputy Inspectors General in the National Police Service through the Chaplaincy Board.

(2)The Chaplaincy Program shall be administered in three branches at the respective Service Headquarters level, namely—

(a)Protestant Chaplaincy;

(b)Catholic Chaplaincy; and

(c)Islamic Chaplaincy.

Role of the Chaplin5. (1) The Chaplain's role shall be to offer clerical,psychological and moral support to all members of the service.

(2)Where a police officer has a need for support from a specific faith, the available Chaplain shall provide the initial support and then refer him or her to the appropriate person.Chaplaincy Board6. (1) There is established Chaplaincy Boards in both services, consisting of—

(a)the respective three principal Chaplains;

(b)three co-opted members appointed by the principal human resource management officer; and

(c)an ex-official member appointed by the respective Deputy Inspector General.

(2)Two thirds of the membership shall form the quorum for all Board meetings.

(3)A particular faith or branch of Chaplaincy shall not be represented to the exclusion of others.

(4)The Chaplaincy Board shall at all times administer the affairs of the Chaplaincy in a fair and just manner and without any form of discrimination.Duties and Responsibilities of the Board7. (1) The Chaplaincy Board shall—

(a)determine the applications for the position of Police Chaplain based on the qualifications stated in this policy document;

(b)elect other officers and committees as it deem necessary;

(c)develop and make determinations on revisions and amendments to the Chaplaincy Service Policies, Procedures, Code of Conduct and other matters;

(d)hear sensitive issues including Chaplain Code of Professional Ethics violations, personnel matters, complaints or misconduct observed of a police officer by a Chaplain or of a Chaplain by a police officer; and

(e)any other task delegated to it by the respective Deputy Inspector-General.

(2)All issues will be addressed and recommendations made depending on the seriousness or severity of the issue and the matter may be referred to the respective Deputy Inspector-General by the Board for direction.Appointment and Termination8. (1) The appointment and termination of police Chaplains shall be the responsibility of the respective Deputy Inspectors-General in consultation with the Inspector General and determination by the National Police Service Commission upon recommendation of the chaplaincy board.

(2)The Board may suspend any police chaplain from the service for violation of the National Police Service Standing Orders, policy and procedures or Chaplains’ Code Of Professional Ethics.

(3)The suspension may also result in revocation of status as a police Chaplain.

(4)The religious body that recommended the Chaplain will be informed accordingly.

(5)Police Chaplains shall be appointed on permanent and pensionable basis, or on contract or volunteer basis.

(6)The number of Chaplains required shall be at the discretion of the respective Deputy Inspector-General who shall regularly review identify the requirements.

(7)Chaplains shall wear such insignia of rank as the respective Deputy Inspector General may approve from time to time.Procedure for becoming a police chaplin9. (1) An individual who wishes to apply for the position of a police chaplain shall make an application in writing to the respective Deputy Inspector-General.

(2)A religious organization may be requested by the respective Deputy Inspector-General to second a chaplain who satisfies the set requirements for consideration as a chaplain .

(3)The Chaplaincy Board shall interview the candidates and the Board shall then forward the names of recommended candidates to the respective Deputy Inspector-General for further action.Duties and Responsibilities of a police Chaplain10. (1) The police Chaplain shall –

(a)advice the respective Deputy Inspectors General and the Commanders on matters relating to religion concerning members of the Service;

(b)plan and coordinate religious activities within the Service such as officiating religious ordinances;

(c)be answerable to the Inspector-General for the general supervision and deployment of all chaplaincy personnel under their command;

(d)be responsible for overseeing chaplaincy work under their jurisdiction;

(e)be responsible for the implementation of chaplaincy policies;

(f)source and disseminate literature and other materials relevant to the advancement of police chaplaincy;

(g)serve as a member of review boards, promotion boards, Crisis Response Team or other committees on invitation;

(h)identify training needs and facilitating courses for chaplains and police officers relevant to the chaplaincy ministry and officers’ well being;

(i)respond and liaise with disaster committees;

(j)prepare budget proposals for the running expenses of his or her unit; and

(k)establish police chapels or fellowships or mosque where there are none.

Chapter 19 - CIVILIAN FIREARMS CONTROL

Licensing officers1. (1) There is established the Firearm Licensing Board.

(2)The Board shall be appointed by the Cabinet Secretary and shall consist of –

(a)a chairperson;

(b)two representatives from the National Police Service one of whom shall be from the Directorate of Criminal Investigation;

(c)one representative from the Office of the Attorney-General;

(d)one representative from a private members group of lawfully registered gun owners;

(e)one representative from the Kenya Wildlife Service; and

(f)one representative from the National Focal Point.

(3)There shall be a Secretariat of the Board which shall consist of such officers as may be necessary to discharge its duties under this Order.

(4)The persons serving as licensing officers immediately before the commencement of this order shall be deemed to be officers of the Secretariat referred to in paragraph (3).

(5)The functions of the Board shall be to−

(a)certify the suitability of applicants and periodically assess proficiency of firearms holders;

(b)issue, cancel, terminate or vary any licence or permit issued under this Order;

(c)register civilians firearm holders, dealers and manufacturers of firearms under this Order;

(d)register, supervise and control all shooting ranges that are registered under this Order;

(e)establish, maintain and monitor a centralized record management system under this Order;

(f)perform such other functions as the Cabinet Secretary may prescribe from time to time.

Duty to guide applicants to fill forms2. (1) The station or Sub-County Commander shall—

(a)receive all applications for grant or renewal of a firearm certificate; and

(b)where necessary guide the applicants to fill the required forms .

(2)The station or Sub-County Commander shall be guided by the notes set out under Appendix 19(a) in fulfilling the duty referred to in sub paragraph (1).Fire arms and ammunition storage3. (1) For the purpose of this Chapter, the expressions“firearms”, “ammunition” and “explosives” shall have the meanings assigned in the Firearms Act, and Explosives Act, respectively.

(2)Civilian firearms and ammunition shall not be stored in police armories for more than one month.

(3)Police officers shall ensure utmost care for civilian firearms deposited with the police to avoid accidental damage or deterioration.

(4)Where a privately owned firearm is damaged while in police custody, such damage shall be reported immediately to the InspectorGeneral through the authorized channels with full details which led to such damage.Procedure on firearms deposited with the police4. The following procedure shall be adopted and adhered to in dealing with firearms and ammunition deposited with police for safe storage or safe keeping—

(a)all firearms or ammunition handed in or seized by the police, shall be recorded in the Civilian Firearm Register, labelled and an official receipt issued to the depositor;

(b)the firearm shall be examined and if any defects are noticed, the attention of the depositor shall be drawn towards such defects and details of the defects endorsed on the official receipt;

(c)an endorsement by the depositer shall be made on the label which is affixed to the firearms;

(d)the depositor shall be advised on the one month maximum storage period, and where there is a default of such requirement, the items may be liable to be forwarded to the Central Firearms Bureau and after such forwarding to the Bureau such forwarded items shall not be released to the depositer except on production of a valid Firearms Certificate or Temporary Permit; and

(e)firearms shall not be accepted in locked boxes, unless the key is left with the container.

Conditional storage5. (1) Where the owner of firearm or ammunition wishes to deposit their firearm or ammunition at a police station for safe custody when not in use, such firearms and ammunition shall only be accepted if there is a condition that such owner may do so in their Firearms Certificate.

(2)If acceptance is made in accordance with sub paragraph (1), the provisions of paragraph 4 shall, with necessary modifications, apply.Long term storage6. (1) Where firearms or ammunition are handed in for a period that exceeds the stipulated one month, the depositor shall be informed on the movement of such firearm or ammunition to the Central Firearms Armory for safe keeping and may be retained for a maximum period of three months, after which the owner shall be required to make alternative arrangements.

(2)If acceptance is made in accordance with sub paragraph (1), the provisions of paragraph 4 shall apply with necessary modifications.

(3)Immediately on receipt of the firearms or ammunition as provided in sub paragraph (1), details of the licensed owner and the items deposited shall as soon as is practicable, be reported to the Chief Licensing Officer.Lost or stolen firearm7. A police officer, on receipt of information that a firearm or ammunition has been lost or stolen, the type, make, calibre and number of the firearm in question shall, together with the full name and addressof the owner, be reported by signal to Central Firearms Bureau.Firearm found or recovered8. (1) The type, make, calibre and number of all firearms found or recovered by or handed to any member of the Service shall be reported by signal to the Central Firearms Bureau, where the records of such firearm shall be checked.

(2)The results of such check referred to in sub paragraph (1) shall be forwarded to the reporting formation by the fastest available means.

(3)Where the identification number of the firearm is obliterated in any way, the firearm in question shall be forwarded to the Directorate of Criminal Investigations Headquarters Nairobi for examination.

(4)Despite the foregoing, there is no necessity to report to the Central Firearms Bureau the recovery of ammunition, unless the quantities are large or contained in packages which might assist tracing the cases.

(5)If a firearm or ammunition is recovered from a person not authorized to have possession, their name, full particulars and a short report of the facts shall be sent to the Central Firearms Bureau.

(6)An up to date record of lost, stolen or recovered firearms shall be maintained by the Service at the Central Firearms Bureau.Disposal of firearms or ammunition9. (1) Firearms and ammunition identified as the property of the Government shall be returned to the respective Chief Service Armoirer, in accordance with the provisions provided in paragraph 8.

(2)Firearms and ammunition identified as the property ofcivilians shall not be returned to the owners until the Central Firearms Bureau authorization has been obtained.

(3)Subject to any other relevant law, where ownership of a firearm or ammunition cannot be determined, it shall be treated as found property and disposed off as provided in this Chapter.

(4)Where a magistrate orders that firearms or ammunition be disposed off at the discretion of the Inspector-General, such firearms or ammunitions shall be forwarded to Central Firearms Bureau in the following manner, together with a copy of the court order—

(a)the officer-in-charge of the police station shall by order forward the items to the respective sub-county headquarters with the details provided in sub-paragraph (c);

(b)on receipt of such items referred to in sub paragraph (c), the sub-county commander shall make arrangements for the items to be forwarded without delay to the Central Firearms Armory;

(c)every consignment of arms or ammunition taken to the Central Fire-arms Armory shall be accompanied by a list in triplicate giving the following details—

(i)name of licensed owner;

(ii)address of licensed owner;

(iii)calibre, type and identity number of each weapon;

(iv)quantity of ammunition; and

(v)if any station receipt number; and

(d)on arrival of the consignment at the Central Firearms Armory, the triplicate copy shall, after checking, be signed, stamped and returned to the Sub-County Commander for retention in their records.

Deposits resulting from Central Firearms Bureau’s Instructions10. (1) Where a firearm is deposited by the owner following instructions received from Central Firearms Bureau because of revocation of a Firearms Certificate or similar action, such firearms shall be accepted, recorded and disposed off by the Central Firearms Bureau in the manner provided in paragraph 4(d).

(2)An official receipt shall be issued to the owner who deposits their firearm in accordance with sub paragraph (1).Security of firearms in transit11. (1) Except as otherwise provided in this Chapter or any other relevant laws, all firearms and ammunitions while being transported shall be provided with proper police escort.

(2)Where security is necessary to transport civilian firearms or firearms and ammunition by road, the officer authorizing such movement shall ensure that a proper police escort is provided to ensure safe delivery of the consignment.

(3)The Service shall ensure the most suitable and secure means of transport is used to transport firearms and ammunition.

(4)Licensing officers may issue removal permits for small consignments to be transported without escort.Firearms and ammunition required as exhibit12. (1) All firearms and ammunition which are found orrecovered by or handed over to the police and which are required as court exhibits shall be properly labeled and retained in local policearmories until they are handed into court as exhibits.

(2)Where the owner of the firearm or ammunition in question is the accused person, prosecuting officers shall draw the attention of the court to sections 36 and 37 (2) of the Firearms Act.

(3)Government owned firearms and ammunition shall be returned to the Department concerned.

(4)Firearms and ammunition against which a court order has been made shall be taken possession of by police and dealt with in accordance with paragraph 4(c) and a copy of the Court Order shall accompany the firearms to the Central Firearms Bureau.Home made firearms13. (1) A homemade firearm found or recovered by or handed over to a police officer and which is not required as a court exhibit shall—

(a)be destroyed by the nearest police premise armoirer unless the respective County Commander directs otherwise; and

(b)not be retained as a souvenir.

(2)The method to be adopted for destroying the firearm referred to in this paragraph shall ensure—

(a)the weapon is dismantled as far as possible; and

(b)each part is broken or, in the case of the barrel, crushed flat.

Explosives and detonators14. (1) An explosive and detonator found by, or handed over to a police officer and which are required as court exhibits, shall be properly labeled and retained in the local police station armory until handed into court as exhibits.

(2)All such explosives and detonators which are not required as court exhibits shall be properly labeled recorded in the Lost and Found Property Register and retained at the local police station armory pending disposal instructions from a magistrate.

(3)In accordance with the section 63 of the National Police Service Act, 2011 and section 38 of the Firearms Act, an order shall be sought from a magistrate seeking the immediate disposal of explosives and detonators.

(4)Pending a magistrate’s order for the disposal of explosives or detonators, such explosives or detonators shall be stored separately and detonators packed as provided in rule 9 of the Explosives Rules.

(5)In lieu of the fact that explosives, when found or recovered by or handed over to the police may be in a dangerous condition, the Officer-in-Charge of the police station concerned shall cause such explosives to be examined by the local Inspector of Explosives as soonas is practicable and, if so advised by such inspector, make immediate application to a magistrate for an order to destroy them and shall not be kept as described in sub-paragraphs (2) to (4) unless the Inspector of Explosives states that it is safe for the explosives to be kept.

(6)A police officer shall ensure that utmost care is taken in the handling of explosives due to their volatile nature.Prohibition of transmission of firearms through the means of post15. A police officer shall not transmit any type of firearm, component parts or ammunition through the means of post.Use of civilian firearms by police16. Any firearm or ammunition found, or recovered by orhanded over to any police officer shall only be used for carrying out such ballistic tests as may be required for purposes of evidence.Notification of offences17. All offences relating to Firearms or Ammunition, whether ncommitted under the Penal Code or Firearms Act, 2009 shall be reported to the Chief Licensing Officer immediately and the result of the prosecution notified as soon as is practicable.

APPENDIX 19(a)− DUTIES OF SUB COUNTY AND STATION COMMANDERS

1. STATION COMMANDER

(1)Where there is an applicant for the grant of a firearm certificate, the station commander shall, on receipt of the application, take the following action−

(a)hand the applicant two copies of “Form I”,

(b)assist the applicant to complete the forms properly,

(c)check that all sections of the form have been correctly completed,

(d)write on the top of one copy the word “DUPLICATE”, and hand it back to the applicant informing him/her that he or she should post it direct to the Firearms Bureau at the following address: -

	Chief Licensing Officer,
	Central Firearms Bureau,
	P.O. BOX 30263 - 00100,
	NAIROBI.

(e)advise the applicant not to send any money to the Central Firearms Bureau when forwarding his or her copy of the application;

(f)the application shall be considered in a committee meeting comprising of-

(i)the Directorate of Criminal Investigations who shall be the chairperson;

(ii)a representative of the Administration Police Service;

(iii)a representative of the National Intelligence Service; and

(iv)the Officer in Charge of the respective station;

(g)the members of the committee shall make recommendations on each application including-

(i)comments on the applicants character;

(ii)whether that applicant can be entrusted with a firearm without endangering public safety;

(iii)confirmation that the applicant has a real need for the weapon where the firearm is required for self-protection, crop protection or vermin control;

(h)the committee members shall endorse the recommendations and forward it to the Officer in Charge of a Station to the sub county commander Kenya Police Service within 14 days

(2)where there is an application for renewal of a firearm certificate−

(a)the Central Firearms Bureau shall send out reminders to certificate holders whose certificates are due to expire during the month and include the

Application for renewal “Form 3”, the Inspection “Form 16” and written instructions on the subject;

(b)on receipt of the documents under paragraph (1), the certificate holder shall report to a police station and produce for inspection, his or her firearm certificate and all the weapons listed therein;

(c)the Station Commander shall convene the committee meeting under paragraph 1. (1)

(f)and prepare the necessary documents for the meeting to−

(i)ensure that all the weapons on the firearms certificate have been produced for his or her inspection and If a weapon has been lawfully disposed of since the last renewal, there should be an authority from the Bureau; If the certificate holder fails to produce any of the weapons, the Central Firearms Bureau shall be notified.

(ii)check the manufacturer’s identification number against that shown on the Firearm certificate;

(iii)enter all the details including type, calibre and identification number of each weapon, on the “Inspection Form 16”, sign and stamp it with the police station stamp;

(iv)check the particulars on the “Renewal Form 3’ to ensure that they are correctly completed. Ensure that the details of each weapon agree with the “Inspection Form 16”.

(v)return the firearm certificate, “Renewal Form 3” and “Inspection Form 16. ” to the applicant and advice him or her to post them direct to the Central Firearms Bureau, together with the appropriate license fee (do not accept such a fee nor undertake to send forms to the C.F.B.) See appendix 19. (c) for fees chargeable.

(vi)if the renewal is not recommended the Central Firearms Bureau shall be notified, but nothing shall be written on any of the forms which are handed back to the applicant and the message should be in the following form: -

“.......................(Name)............... (Box No.).................(Township)................. (Firearms)Certificate number (.) Renewal ApplicationNot recommended (.) Letter Giving Reasons follows (.)”

(vii)unless any specific objection is received from the police station, Central Firearms Bureau shall renew the certificate.

(4)Where there is an application for variation of a fiream certificate (increasing or changing of weapons) , the Station Commander shall−

(a)hand the applicant two copies of “Form 3” deleting the word “Renewal”

(b)handle the application in the manner set out in paragraph (1) and forward the original application and the recommendation to the Sub-County Commander, Kenya Police Service, within 14 days.

(5)Where there is an application for extra ammunition, the Station Commander shall advise the applicant to send his firearms certificate together with a letter giving reasons for requiring additional ammunition to the Central Firearms Bureau and by registered post.

(6)Where there is an application for a temporary Permit to Possess in respect of an employee of a certificate holder-

(a)the Station Commander shall obtain from the certificate holder the full particulars of the person who the temporary permit to possess a firearm is required;

(b)the committee meeting under paragraph (1) shall be convened to consider the application and make recommendations which shall be endorsed by all members; and

(c)if there is no detriment to the person who for whom the permit is required,the following letter shall be issued to the certificate holder-

“.............................(name of person for whom permit is required).Nothing is known at this station to the detriment of the above named person and there is no objection to the issue of a temporary permit.He has resided in this area for .............Years/Months.

(sgd).................. (Station Commander)”

(d)if the person for whom the “Temporary permit to Possess” is required is known to the police officers within the police station or is on record of the station as having committed an offence,

(i)the following letter shall be issued to the applicant-

“.........................(name of person for whom permit is required).It is considered that the above named should not be permitted to possess a firearm.

(sgd)......................... (Station Commander)”

(ii)communicate with the Central Firearms Bureau giving details of the reasons for the objection, on grounds of character, within 2 days;

(e)in either case, the Station Commander shall advise the certificate holder to forward his/her application together with the letter issued under sub-paragraph (c) or sub-paragraph (d) direct to the Central Firearms Bureau and if the application is recommended advise the applicant to forward a fee of Kshs.500 per firearm.

2. SUB-COUNTY COMMANDERSThe Kenya Police Service Sub-County Commander shall convene a meeting to be chaired by the Directorate of Criminal Investigations sub county commander and theAdministration Police Service sub county commander as the secretary and the Kenya Police Service sub county commander and sub county National Intelligence Servicerepresentative as members, to draw recommendations which shall be endorsed by all members and then forwarded by the Kenya Police Service sub county commander to the Kenya Police Service county commander within 14 days.3. COUNTY COMMANDER

(1)The Kenya Police Service county commander convenes a meeting to be chaired by the Directorate of Criminal Investigations county commander and the AdministrationPolice Service county commander as the secretary and the Kenya Police Service county commander and county National Intelligence Service as members to drawrecommendations which shall be endorsed by all members and then forwarded by the Kenya Police Service county commander to the Central Firearms Bureau within 7 days.

(2)All applicants for the grant or variation of the firearms certificates shall be checked and forwarded with Sub-County Commanders’recommendations to the Central Firearms Bureau within one week of the receipt.4. GENERAL

(1)All station and Sub-County Commanders shall be fully conversant with this Chapter, in particular the part dealing with weapons stolen or recovered or used in the commission of criminal offences or seized. Details of such weapons should be communicated to the Central Firearms Bureau immediately.

(2)Weapons deposited at Police Stations for safe custody shall be forwarded to the Central Firearms Bureau at the expiry of one month.

(3)Sub County Commanders, on their visits to Police premises, should check the civilian weapons held to ensure that there is no delay in forwarding them to Central Firearms Bureau.

(4)Civilian firearms shall be clearly labelled with the owner’s names and address and the calibre, make and identity number of the weapons. They shall be entered in the Civilian Firearms Register and an official receipt issued for all firearms and ammunition.

(5)Weapons which are forwarded to Central Firearms Bureau shall be accompanied by a list in triplicate, containing the following details:-

(a)name and address of the owner;

(b)calibre, type and identity number of each weapon;

(c)quantity and calibre of ammunition,

(d)Station Receipt number.

(6)Holsters, belts and ammunition pouches shall not be accepted by the police, but returned to the owners but fitted gun boxes, these may be accepted provided a list of the contents is made at the time of receipt, signed by the Station Commander and glued to the inside of the lid and gun covers should also be accepted.

(7)A firearms certificate may be revoked where-

(a)there is an incident concerning the holders of firearms;

(b)a certificate holder is believed to be a threat to public safety and peace, and the revocation shall be communicated to the Central Firearms Bureau and confirmed by letter.

(8)A holder of a firearm certificate shall apply for the renewal within one month of its expiry and if he or she fails to do so without a satisfactory and valid reason, the holder shall be prosecuted for being in possession of a firearm(s) without a valid certificate contrary to Sections 42 of the Firearms Act.

(9)All types of forms of applications for firearms licenses shall be obtained from the Chief Licensing Officer, Central Firearms Bureau, Nairobi.

APPENDIX 19(b)− NOTES FOR RECOMMENDING THE GRANT OF FIREARMS

CERTIFICATES OR THE REFUSAL OF A CERTIFICATE

1. There are two aspects on which the Station and Sub-County Commanders are required to comment:

(a)The suitability of the applicant to possess and use a firearm without danger to the public safety or the peace and this shall include an assessment of the applicant’s character, habits and general behaviour;

(b)The “need” of the applicant to possess a firearm for the reasons given by him in his application.

2. If the application is for a firearm for sporting purposes in that the applicants wishes to take out a “Game Licenses” and shoot for sport and the Station /Sub-County Commander is satisfied that it is a genuine application, then the application may be recommended. In this case, the question of need does not arise.3. If the application is in respect of a firearm for vermin control or cropprotection involving the shooting of baboons, monkeys, snakes and small game, then the Commander shall confirm whether the applicant owns land, that he or she is troubled by the types of animals or birds he or she claims and as a result he is suffering considerable material loss of crops. The size of his/her Farm is also relevant. A man cultivating a halfacre plot could not justify an application for a shot gun for vermin control.4. If the application is in respect of a person who requests a certificate for a firearm for the purpose of “self-protection”, this shall be carefully investigated. Very few applications of this nature are approved, as the police are generally capable of providing protection to the public in most circumstances. In extreme cases where the circumstancesof a person’s employment or duties expose him to the danger of criminal attack, he or she may be permitted to possess a weapon for personal protection.5. In granting or refusing the certificates, the licensing officers of the Central Firearms Bureau are largely dependent on the views of the Station and Sub-County Commanders and it is therefore essential that their recommendations are reasonably detailed and comprehensive.6. In the case of renewals of certificates, should the Station Commander discover that the circumstance under which the original certificate was issued no longer exist, and he or she feels that the applicant has no need for a firearm, he or she should communicate with Central Firearms Bureau requesting that the certificate should not be renewed and follow this up with a letter giving reasons.–For instance, a farmer who was originally authorized to have a 12 bore shot gun for vermin control on a large farm would not require the gun for this purpose if he or she sold the farm and moved to a town.

Chapter 20 - COMMUNITY POLICING

Obligation of the Service to promote relationship with the society1. (1) It shall be the obligation of every member of the Service to promote relationships with the broader society through community policing.

(2)The Service shall develop a Community Policing Policy and implementation guidelines to prescribe the strategies and initiatives to be employed by the Service in engaging the broader society.Objects of community policing2. The Service shall liaise with communities through community policing initiatives, in order to achieve the objects set out in Article 244 -(e) of the Constitution, through—

(a)establishing and maintaining partnerships between the community and the Service;

(b)promoting communication between the Service and the community;

(c)promoting co-operation between the Service and the community in fulfilling the needs of the community regarding policing;

(d)improving the rendering of police services to the community at national, county and local levels;

(e)improving transparency in the Service and accountability of the Service to the community; and

(f)promoting policing problem identification and policing problem-solving by the Service and the community.

Implementing community policing3. (1) A police officer shall implement community policing in accordance with Community Policing Policy and implementation guidelines.

(2)While undertaking community policing, a police officer shall be guided by the following principles, community policing —

(a)is not vigilantism where people take the law into their own hands;

(b)does not bestow police powers on members of community or policing committees;

(c)is not a form of employment;

(d)is not a secret agency to undermine or betray the community and that the police officer is accountable to the communities they serve;

(e)is not an oversight body over the police by the community; and

(f)is not a temporary undertaking but a continuous process of learning and developing where the community may develop strong bonds of trust and confidence and better communication with its police service.

Structures for implementing community policing4. (1) Community policing shall be implemented through community policing committees and such other structures that may, from time to time, be put in place for purposes of promoting relationships between the Service and the broader society.

(2)The County Policing Authority is responsible for the establishment of structures for implementation of community policing in respect of each county, in accordance with section 97 of the National Police Service Act, 2011.

(3)A police officer-in-charge of an area shall facilitate the establishment of area community policing committees and other administrative structures, in consultation with the relevant stakeholders.

(4)A community policing committee in an area shall be responsible for implementing the objects of community policing within that area.

(5)The committee shall , in accordance with section 98 (2) and (3) of the National Police service Act, 2011 consist of—

(a)representatives of community policing forums in the area concerned elected for that purpose by such policing forums;

(b)a station commander or administration police post commander; and

(c)the members elected by the community from time to time for that purpose shall be members of the community policing committee concerned.

Chapter 21 -COMPLAINT PROCEDURE

Fair administrative action1. (1) The procedures and mechanisms for addressingcomplaints shall—

(a)facilitate the expeditious, efficient,lawful and reasonable, impartial and procedurally fair methods of resolution of complaints;

(b)make the police accountable to the public for their actions;

(c)ensure independent handling of complaints by the Service; and

(d)enhance confidence in both the public and the police in the handling of complaints against the Service.

(2)If a right or fundamental freedom of a person has been or is likely to be adversely affected by an administrative action, the person has the right to be given written reasons for action.

(3)The Service shall issue regulations and operational manuals to provide for the manner of handling complaints from the public and between members of the Service.Grounds of lodging a complaint2.(1) Any person aggrieved by the conduct of a police officer may lodge a complaint with—

(a)the police station, posts, outposts, units, unit bases or other police premises, in which the officer against whom the complaint is made is stationed;

(b)the Internal Affairs Unit;

(c)independent Policing Oversight Authority;

(d)National Police Service Commission;

(e)Office of Director of Public Prosecution; or

(f)any other lawful organ with the mandate to hear and determine complaints.

(2)A complaint may be lodged on any of the following grounds—

(a)that the police officer acted contrary to any written law;

(b)that conduct of the police officer amounted to misconduct; or

(c)any other lawful and sufficient ground.

Provided that such ground shall not be frivolous, vexatious or scandalous.

(3)A file shall be opened in respect of each investigation into complaints against a police officer and it is the duty of investigating officer to present as clear a picture as possible of the incident and to submit reasoned recommendations as to action that should be taken.

(4)An investigation file into complaints against a police officer shall be compiled in the following sequence, from top to bottom−

(a)numbered index of documents and statements;

(b)summary of evidence, as revealed by statements and investigations;

(c)findings which should be reasoned and supported by arguments where necessary;

(d)recommendation as to disposal

(e)investigation diary; and

(f)statements and other relevant documents.

(5)When charges, either disciplinary or criminal, are recommended they shall be correctly framed.Manner of lodging compaints3. (1) A complaint shall be filed in the nearest police station —

(a)in writing in any form;

(b)by email or other electronic form;

(c)by fax;

(d)orally; or

(e)by any other means as the Service may from time to time determine.

(2)Where a complaint is presented in any other form other than the prescribed form, the officer recording it shall cause the complaint to be reduced into writing by transferring the details in the prescribed form.

(3)An officer receiving an oral complaint shall record the complaint in a prescribed format and cause the recorded complaint to be signed by complainant.Written complaints to be acknowledged in writing4. (1) All written complaints received by the Internal Affairs Unit shall, within seven days from the date of receipt, be acknowledged in writing to the complainant in person, by post or e-mail promptly, a copy of which shall be retained with the investigation file.

(2)Every complaint shall be allocated an Internal Affairs Unit reference number and assigned to an investigator.

(3)The Internal Affairs Unit shall conduct regular audits to verify that all complaints are being properly addressed.

(4)Upon completion of investigations and implementation of the recommended action, the complaint file shall be closed.

(5)The Internal Affairs Unit shall put in place an automated complaint case management system to alert investigators and those responsible for management of the complaint process of complaint resolution deadlines.Procedure for conduct of a complaint5. Upon receiving a complaint, the receiving officer shall create an entry in the Occurrence Book, listing the following particulars—

(a)full names and address of the complainant;

(b)the date, time and the location of the occurrence of the act complained of;

(c)the grounds on which the complaint has been presented; and

(d)information about the person whose conduct is complained against;

(e)information as to the identity and contacts of witnesses, if any;

(f)a concise statement of the facts constituting the cause of action;

(g)the relief or redress sought;

(h)a declaration by the complainant that the representations are true;

(i)a statement—

(i)that there is no other complaint pending;

(ii)that there is no matter pending in any court or tribunal between the complainant and the respondent over the same subject matter; and

(j)any other relevant particulars.

(2)Where the complainant is a police officer, the complaint shall, in addition to the particulars set out in subparagraph (1), contain the employment particulars including Service number, rank and station of service of the complainant.

(3)The complaint shall be divided into paragraphs, each of which shall be confined, as nearly as is practicable, to a distinct portion of the subject, and every paragraph shall be numbered consecutively.

(4)Every complaint shall—

(a)be signed or thumb printed by the complainant or by a person duly authorized by the complainant; and

(b)be in such number of copies as would be sufficient for the court and all respondents mentioned therein.

Submission of complaints to the internal affairs unit6. (1) When any entry is made in the Occurrence Book regarding a complaint, the station commander shall ensure that—

(a)the complainant is furnished with a copy; and

(b)a copy of the complaint is immediately submitted to the Internal Affairs Unit.

(2)A complainant may, upon filling the complaint form, submit it to the nearest County Internal Affairs Unit office.

(3)Every complaint shall be classified into any one of the categories set out in appendix 21 and assigned the time within which it shall be addressed and recommendations given.Complaint involving death of a person as result of an action by a police officer7. Where a person dies as a result of any action by a police officer, any interested person may file a complaint with the Internal Affairs Unit setting out—

(a)the full names of the deceased person;

(b)place and time of death;

(c)suspected cause of death;

(d)the particulars of the officer against whom the complaint is lodged; and

(e)any other relevant detail.

Complaints involving excessive use of force by a police officer8. Any person aggrieved by use of excessive force by a member of the Service may file a complaint with the Service setting out the following particulars—

(a)the act complained of;

(b)the date and location of the occurrence of the act complained against; and

(c)that nature and the extent of injury suffered.

Complaints arising from criminal conduct of police officers9. (1) Any person complaining against a criminal conduct by a member of the service may file a complaint with the Service setting out the following particulars—

(a)the act or omission complained of;

(b)the date and location of the occurrence; and

(c)a statement to the effect that no criminal proceedings have been preferred against the member of the Service.

(2)Where it is established that any complaint against an officer amounts to a criminal offence, the matter shall be referred to the Director of Public Prosecution for prosecution.Complaints arising from indiscipline of police officers10. (1) A person complaining of any conduct amounting to indiscipline of a member of the Service may file a complaint setting forth—

(a)the particulars of the act or omission;

(b)the date and location of the occurrence of the act complained against; and

(c)a statement to the effect that no disciplinary action has been taken against the member.

(2)For the purposes of sub-paragraph (1), a complaint shall be classified as one arising from indiscipline if an officer is alleged to—

(a)unlawfully strike, use or threaten violence against any police officer or any other person;

(b)use obscene, abusive or insulting language in any form to any police officer;

(c)use threatening or insubordinate or disrespectful language, word, act or demeanor to a police officer senior to him in rank;

(d)cause a disturbance in any police or public premises;

(e)be guilty of drunkenness while on duty;

(f)drink intoxicating liquor or psychotropic substances or drugs, or smoke in uniform when actively engaged on duty in a public place ;

(g)willfully disobey any lawful command or order;

(h)absent himself or herself from duty without official permission;

(i)be found sleeping while on duty;

(j)leave his or her post or place of duty before he or she is regularly relieved, except in fresh pursuit of an offender who it is his or her duty to apprehend;

(k)while under arrest or in detention, leave or escape from such arrest or detention before he or she is set at liberty by proper authority;

(l)neglect or refuse to assist in the apprehension of any police officer charged with any offence, when lawfully ordered so to do;

(m)resist any lawful arrest;

(n)negligently allow any prisoner, who is committed to his or her charge, or whom it is his or her duty to guard, to escape;

(o)discharge any weapon without orders or without reasonable lawful cause;

(p)without reasonable cause, fail to attend at any parade, instruction class or court or any other duty which he is required to attend;

(q)sell, pawn, lose by neglect, make away with or willfully or negligently damage, or fail to report any loss or damage to, any arm, ammunition, accoutrement, uniform or other article of personal issue or any vehicle or other property committedmto his charge belonging to the Government or for which the Government is responsible;

(r)be in improper possession of any public or private property;

(s)commit any act of plunder or wanton destruction of any property;

(t)be negligent in the performance of his or her duty;

(u)appear on duty untidy or dirty in his or her person, arms, clothing or equipment;

(v)make or sign any false statement in any document or official record;

(w)without proper authority, disclose or conveys any information concerning any investigation or other police matter;

(x)malinger, or feign any disease or infirmity;

(y)knowingly and willingly transmits any venereal disease or HIV/AIDS;

(z)without proper authority demands or exacts from any person any carriage, porterage or provisions;

(aa)commit an act which amounts to corruption under any written law in force in Kenya;

(bb)make any false statements upon joining the Service;

(cc)refuse or neglect to make or send any report or return which is his or her duty to make or send;

(dd)knowingly make any false accusation or complaint or statement against any police officer or other person, affecting the character of such person, or willfully suppress any material fact;

(ee)without lawful excuse break out of police barracks, quarters, lines or camp;

(ff)make or sign any false statement in any document or official record;

(gg)act or behave in a manner that constitute cowardice under the Standing Orders;

(hh)willfully disobey, whether in hospital or elsewhere, any order and so cause or aggravate any disease or infirmity or delay its cure;

(ii)be engaged in any other gainful employment or office without the authority of the Commission;

(jj)block or interfere with police communication; or

(kk)commit an act which amounts to hate speech under section 13 and 62 of the National Cohesion and Integration Commission Act.

Memorandum of Understanding between IndependentPolicing Oversight Authority and the Internal Affairs Unit11. (1) Despite the provisions of paragraphs 6, 7, 8 and 9, all complaint relating to serious matters shall be handled in accordance with the provisions of a Memorandum of Understanding between the Independent Policing Oversight Authority and the Internal Affairs Unit.

(2)The Memorandum of Understanding referred to in subparagraph (1) shall contain details of procedure, methods of exchange of information and the categories of complaints to be handled in a specified manner.Nature of IAU Complaint Investigation12. The purpose of Internal Affairs Unit investigations shall be—

(a)to determine if the alleged misconduct amounts to a criminal offence as specified in the Penal Code or other law; and

(b)to determine if that alleged conduct amounts to an offence against discipline as outlined in the Eighth Schedule to the Act.

Handling of information collected duringInternal Affairs Unit investigations13. All evidence collected in the course of administrative investigations shall be handled in accordance to the evidence handling procedures as outlined in Chapter 32 of these Service Standing Orders.Notification of Internal Affairs Unit of criminalinvestigations against a police officer14. (1) Whenever the Directorate of Criminal Investigations commences any criminal investigation against any police officer, the Directorate shall notify Internal Affairs Unit of the ongoing investigation regardless of whether there has been a complaint made against the member or not.

(2)Upon receipt of the notification, the Internal Affairs Unit shall coordinate with the Directorate by providing administrative investigation into alleged member misconduct to determine if the member has committed an offence against discipline.

(3)The Internal Affairs Unit shall share the outcome of any investigations with the Directorate.Deferment of IAU recommendations15. Where there is a parallel but incomplete investigation by an independent office, and it is likely that the Director of Public Prosecutions may institute criminal prosecution against an officer, the recommendations by the Internal Affairs Unit shall be deferred until the investigations are complete.Orders complaint16. (1) Where there is an allegation regarding a current Service Standing Orders that was properly implemented by a Service member, but the complainant believes the order is inappropriate or not valid, the Service shall use the classification of Orders Complaint.

(2)Orders complaints shall be dealt in accordance with the procedure laid down in Part II of the General provisions of these Service Standing orders.

(3)A request made to any member of the National Police Service to speak to a police premise commander about any misconduct or the possible mishandling of an incident or call for service shall be interpreted as a complaint and such requests shall be dealt with immediately.

(4)The initial responding police officer should assess the initial complaint and interview the complainant, if the complainant is demanding to speak to the Officer-In-Charge he or she shall be allowed to do so and this shall provide an initial forum for a citizen to resolve what may not actually be a complaint about a member of the Service, but an inquiry or objection to a policy or procedure, a law, or the handling of an incident they witnessed or were involved in.

(5)If a police premise commander is not immediately available, the name and phone number of the complainant shall be taken by the initial responding police officer and made available to the premise commander or his or her deputy, as soon as reasonably practicable, but in no case more than twenty four hours later and the premise commander shall contact the complainant immediately thereafter.

(6)The particulars of the complainant and the complaint shall be recorded in accordance with provisions of section 23(d) and section 26.(f) of the National Police Service Act.Source and acceptance of complaints17. A complaint may be made by –

(a)a member of the public who claims that the misconduct took place in relation to him or her;

(b)a member of the public who claims to have been adversely affected by the misconduct, even though it did not take place in relation to him or her;

(c)a member of the public who alleges to have witnessed the misconduct;

(d)a member of the Service;

(e)a person representing someone affected in any of the categories listed in item (a), (b), (c) or (d) ; or

(f)a person representing another who is unable or lacks legal capacity to do so on his own behalf.

Complaint of harassment or discrimination18. (1) An officer receiving a complaint of harassment or discrimination shall ensure that the following guidelines are followed –

(a)interview the complainant and determine the nature of the complaint;

(b)ask the complainant if they have any suggested corrective action to remedy the problem or complaint, depending on the nature of the complaint;

(c)depending on the circumstances and the nature of the complaint, consult the Internal Affairs Unit before considering immediate corrective action, this shall ensure a standardized response; and

(d)immediately report the complaint, to the senior officer present at the premises at that time.

(2)The Officer-in-Charge shall review the nature of the complaint and any advice received from the Internal Affairs Unit with the member who recorded the complaint.

(3)The Officer-in-Charge shall follow up with the complainant after the resolution of the complaint to review the effectiveness of any action taken to ensure that the conduct in question has ceased and that no other issues have arisen.

(4)In handling complaints relating to discrimination and harassment, every officer shall observe confidentiality and privacy of the complainant.Procedure of complaints by police officers19. (1) A member of the Service who has a complaint against another member of the Service shall report to the immediate supervisor and present copies of the complaint to the Internal Affairs Unit.

(2)If the immediate supervisor is, for any reason, unable to act on the complaint, the supervisor shall forward the complaint to the higher supervisor.

(3)Any such complaint which is forwarded to the InspectorGeneral shall be in duplicate and accompanied by a full report by the County or Formation Commander containing recommendations and references to regulations, or sections of law, having bearing upon the complaint.

(4)In processing complaints by police officers, every officer shall have the right to administrative action that is expeditious efficient, lawful, reasonable and procedurally fair.Frivolous complaints20. The submission of frivolous or vexatious complaints constitutes a professional misconduct and shall be dealt with as such.Anonymous complaints21. (1) Members of the public or members of the Service may make anonymous complaints or adopt pseudo-names for purposes of complaints in cases where revealing their identity may expose them to victimization or ruin the merit of the issue.

(2)Anonymous complaints or those made under pseudo-names addressed to the Service shall be investigated to establish the truth of the content.Accidents involving police vehicles22. In cases where a police vehicle has been involved in an accident, the enquiry file shall be forwarded to the Service Headquarters, in accordance with the provision of the Service Transport Orders in the National Police Service Standing Orders, before any action is taken against either party.Legal aid23. (1) Where proceedings are instituted in court as a result of an action by a police officer in the proper performance of his or her duty, a full report shall be submitted to the Inspector-General as soon as possible in order that, if necessary, arrangements may be made for the legal defence of the officer concerned under provisions of Personnel Chapter Circular - No. 23 of 9th April, 1964.

(2)The Service shall make consideration to defray any damages awarded by a competent court against a police officer as a result of action taken by him or her in the due execution of his or her duty.Appendix 21: Categories of complaint to the Internal Affairs Unit

Complaint	Classification	Maximumperiodbefore finaldetermination (in days)

Chapter 22 - CONDUCT OF INTERVIEWS OF CRIME VICTIMS, SUSPECTS AND WITNESSES

Guide for conducting interviews1. (1) The National Police Service shall develop Operational Manuals to provide for guidance for recording of interviews from witnesses, victims and suspects.

(2)The manual shall provide for the storage, transcription and retention of electronically recorded interviews and information to preserve the integrity of the evidence.Confidentiality of information2. (1) Except in the performance of their duties or where the needs of justice strictly require otherwise, members of the Service shall not reveal any information concerning confidential matters brought to their attention, or any information pertaining to matters under investigation by the Service or any other Criminal Justice Agencies.

(2)Members of the Service shall not disclose any confidential information acquired in the course of their employment to any person or institution, unless the matter is under judicial process.

(3)Members of the Service shall not reveal any information which may enable anyone to—

(a)evade detection, arrest or prosecution;

(b)destroy evidence;

(c)destroy or conceal illegal, unlawfully obtained or stolen property; or

(d)defeat the ends of justice.

Guide for conducting investigative interviews3. (1) In conducting investigative interviews, members of the Service shall—

(a)obtain accurate and reliable accounts from victims, witnesses or suspects about matters under police investigation;

(b)act fairly and impartially and treat vulnerable people with particular consideration at all times;

(c)test accounts obtained from the interviewee against what the interviewer knows or what can be reasonably established;

(d)be free to ask a wide range of questions in order to obtain material which may assist an investigation;

(e)recognize the positive impact of an early admission in the context of the Criminal Justice system and ensure a confession is taken by an officer of or above the rank of a Chief Inspector in the presence of a person acceptable to the interviewee or a magistrate in accordance with the law;

(f)ask questions, however, where a suspect invokes their right to remain silent under Article 49 (1) (b) of the Constitution but shall inform the suspect of the consequences of not remaining silent as required by Article 49 (1)(a)(iii) of the Constitution;

(g)immediately cease the interview until the suspect has got an opportunity to communicate with an advocate in accordance with Article 49 (1) (c) of the Constitution where the suspect so wish;

provided that, a suspect’s access to an advocate may be delayed if the Officer-In-Charge of a police station, has reasonable grounds, which shall be recorded in writing, for believing that the exercise of the right to communicate with an advocate would lead to interference with evidence of a serious cognisable offence, harm to others, the alerting of accomplices or hindering the recovery of property.Release of Police records and reports4. Police records and reports shall be released or exhibited in accordance with existing law and Service Adminstrative Orders Chapter 64 - of the Orders.Dealing with witnesses and victims of offences5. A police officer, in dealing with a witness or victim of an offence, shall be—

(a)compassionate and respectful and act with with dignity;

(b)protect victims and witnesses from further victimization to the extent possible;

(c)prior to, or following an interview, refer victims to crisis and support services as soon as possible;

(d)conduct interviews in an ethical and fair manner adhering to Constitutional guidelines;

(e)remain patient and open minded while listening to victim and witness account;

(f)utilize simple and concise terminology appropriate to victim and witness age, sophistication and intelligence level; and

(g)protect the confidentiality of the victims and witnesses information in as much as possible by applicable law, rules, guidance and orders.

Duration of interview6. (1) The interview duration shall take into consideration –

(a)fatigue;

(b)psychological trauma;

(c)medical needs; and

(d)fundamental rights of the interviewee.

Interviewing victims of sexual and gender-basedviolence7. The principles to be observed when interviewing victims of sexual and gender-based crimes include –

(a)conduct of the interview in a private and friendly environment separate from the perpetrator ;

(b)obtaining the victim’s consent, where the interviewing officer is accompanied by an additional officer;

(c)provision of a support person for the victim;

(d)where the subject is a child, ensuring the interview is conducted in the presence of an “appropriate adult”;

(e)ensuring the interviewers gives their names, rank and inform the victim about the confidentiality and disclosure of information;

(f)explaining to the victim the interview process and obtain their consent before the interview begins;

(g)conducting the interview in a respectful and sensitive manner;

(h)allowing the victim to describe the incident and any other information he or she feels relevant without being interrupted and ensuring follow-up questions are open-ended and concentrate on clarifying the events and identifying facts;

(i)informing victims of other support services available to them, and where possible facilitate access to those facilities;

(j)in cases of domestic violence, human trafficking, forced marriage, or honor-related crimes, ensuring safety planning with victims at risk of future abuse before the interview concludes;

(k)according the victim an opportunity to share any additional information on the incident and ask any questions after the interview while informing them of the actions to be taken by police; and

(l)identifying follow-up actions to protect and support the victim after the interview by the interviewer and support personnel.

Service to victims8. The National Police Service shall—

(a)encourage victims to seek support through the victim support scheme;

(b)refer the victims of crime to the Victim Support Unit at the police station and provide the victim support scheme with details of the victim to facilitate future contacts as appropriate; and

(c)take into consideration the wishes of the victim before making any referral.

Interviedw of arrested children9. (1) Any child taken into custody shall be advised of the nature of the crime which they are suspected to have committed.

(2)Prior to any in-custody interview, every child shall be advised of their rights in accordance with the Children’s Act, 2001.

(3)The child’s physical condition, age, intelligence, educational level, prior experience with the children justice system, and ability to comprehend the meaning and effect of statements should be carefully evaluated in each case.

(4)The police officer or investigating officer shall record the interview in a corresponding statement.

(5)Officers and investigating officers may allow a parent or legal guardian to be present during an interview of their child if the presence of the parent or legal guardian is not considered to be coercive or inhibiting.

(6)If the child or legal guardian invokes their constitutional right to legal representation, all questioning and contact shall cease and such child cannot be contacted without approval of the advocate so retained.

(7)Children interviews shall be conducted in the same general manner as adult interviews and interviewers, not exceeding two at any one time shall have due regard to the juvenile’s age and the nature of the alleged offence.Statements in foreign Language10. (1) In the case of a person making a statement in a language other than English;

(a)the interpreter shall orally interpret and take down the statement in the language in which it is made and the person making the statement should sign it;

(b)the interpreter shall make an official English translation in due course;.

(c)the interpreter shall include and sign the following certificate at the end of the translated version –

(i)This statement was interpreted by me from the ------language to the------ language, and I have interpreted the same to the best of my skill, knowledge and belief.

(ii)the interpreter’s name and address shall also be recorded.

(2)Care shall be taken to ensure that the interpreter is proficient both in the language of the witness and in the language in which the statement is recorded.

(3)At the conclusion of the statement –

(a)the statement shall either be read over to the maker, or be handed to the witness to read for themselves if they are literate in the language in which the statement was recorded;

(b)an endorsement shall also be made to the effect that the maker has been invited to make any corrections he or she wishes to make;

(c)the witness shall be asked to sign the statement or if illiterate, to place his or her thumbprint on it, an appropriate endorsement being made by the recording officer; and

(d)the reason, if any, given by the witness for his or her refusal to sign or to attach his or her thumbprint shall also be recorded.

(4)If the statement consists of several sheets, it shall be signed at the bottom of each sheet.

(5)In case of any correction, the interpreter and the witness shall sign against the correction.

Chapter 23— CONTROL OF TRAFFIC AND ERECTION OF BARRIERS

Enforcement of traffic matters1. (1) The County Commander, under the general direction of the respective Deputy Inspector-General, is responsible for the enforcement of laws relating to traffic matters including the control of traffic.

(2)Subject to sub-paragraph (3), the County Commander shall ensure that the enforcement of traffic matters is undertaken by all officers under his or her command, including the traffic sections inurban areas and cities and by police officers who are designated to undertake traffic duties.

(3)Despite sub paragraph (2), police officers shall assist in the enforcement of the traffic laws.Objects of traffic control2. The objectives of traffic control include—

(a)to prevent road accidents;

(b)to ensure free flow of traffic;

(c)to enforce the law; and

(d)to ensure the compliance with the laws relating to traffic matters.

Objects of erection of barriers3. (1) The object of erection of barriers include to—

(a)ensure the maintenance and preservation of law and order; and

(b)prevent and detect the commission of an offence.

(2)The head of the Kenya Police Service in the county shall maintain records of all barriers erected.

(3)An officer erecting barriers across a road shall submit records of the barrier to the County Commander through the police station.Fundamental principles of temporary traffic control zone4. (1) The control of traffic through a temporary traffic control zone is essential during construction of a highway, utility work, maintenance operations and incident management.

(2)The following principles provide guidance to police officers in controlling traffic and for the safety of workers in the vicinity of temporary traffic control zones –

(a)traffic and workers safety in temporary traffic control zones shall be an integral and high priority element of every project from planning through design and construction;

(b)general plans or guidelines shall be developed to provide safety for law enforcement officers, drivers, cyclists, pedestrians, workers, emergency officials, and equipment;

(c)traffic movement shall be inhibited as little as is practical;

(d)drivers, cyclists, and pedestrians shall be guided while approaching and traversing temporary traffic control zones and incident sites;

(e)routine day and night inspections of temporary traffic control zones shall be performed;

(f)attention shall be given to the maintenance of roadside safety during the life of the temporary traffic control zone;

(g)each person whose actions affect temporary traffic control zone safety shall receive training appropriate to the job decisions the individual is required to make;

(h)good public relations shall be maintained; and

(i)all temporary traffic control equipment shall be removed as soon as practical when they are no longer needed.

Police roadblock5. (1) Subject to sub paragraph (2), the Inspector-General shall,by notice in the Gazette, designate a place along a public road on which a police road block may be mounted.

(2)Despite the provisions of sub paragraph (1), a road block may be mounted in a non-designated place only in exceptional circumstances certified as such by the Inspector-General or a police officer authorized as such by the Inspector-General.Power to erect barriers6. (1) Notwithstanding the provisions of any other law, a gazetted officer, Inspector or a police officer in charge of a police station may, if he or she considers it necessary to do so for the maintenance and preservation of law and order, or for the prevention and detection of any offence, order a police officer to erect or place barriers on any road or street or in any public place.

(2)A police officer in uniform may take all reasonable steps to prevent any vehicle from being driven past any barrier erected for the prevention or detection of any offence and a driver who fails to comply with any reasonable signal given by a police officer in uniform requiring the driver to stop the vehicle before the barrier, commits an offence and is liable, on conviction, to imprisonment for a term notexceeding twelve months or a to fine not exceeding one hundred thousand shillings, or to both.

(3)The Kenya Police County Commander shall maintain records of all barriers erected under sub paragraph (1) and the reasons for the erection of barriers in their respective county and shall submit the records to the respective community policing association.

(4)The records under sub paragraph (3) shall be open for inspection by authorized persons.

(5)A member of the public may lodge a complaint concerning the barriers, to the County Commander or the County Policing Authority.

(6)The County Commanders shall cooperate and engage in joint traffic control operations when need arises.Methods of preventing accidents7. (1) The County commander shall apply the following methods to prevent accidents –

(a)advising, warning and where necessary, prosecuting those who drive in such a manner as to be a danger to or without consideration for, both themselves and others;

(b)detection and prosecution of drivers who are under the influence of alcohol or drugs;

(c)periodical holding of speed checks to curb over speeding;

(d)removal of unroadworthy vehicles from the road;

(e)removal of or illumination or sign-posting of broken-down vehicle and other obstructions;

(f)communicating to the county governments and agencies with road construction mandates on hazards such as overgrown hedges, dangerous road surfaces, and by ensuring that potential danger spots such as road junctions, level-crossing and schools are adequately sign-posted;

(g)in instances where accidents have been caused by a defect on the road, the county governments and agencies with road construction mandate, County Engineer of the transport and communication shall be advised of the appropriate action to take; or

(h)holding public sensitization forums on road safety.

Free flow of traffic8. (1) The police officers who are designated to undertake traffic duties shall ensure that the flow of traffic is not obstructed by vehicles being parked on corners or by breakdowns.

(2)Where the vehicles under paragraph (1), are found the drivers may be assisted in removing their vehicles and depending on the circumstances may be prosecuted.Prosecutions9. (1) Violation of the traffic laws shall be subject to prosecution.

(2)A person shall be granted bail to appear before court at a later date in case of–

(a)exceeding the maximum speed at which identified motor vehicles may be driven;

(b)careless, reckless or dangerous driving;

(c)driving under the influence of alcohol or drugs; or

(d)driving defective motor vehicles.

(3)In case a driver is bailed, and it is decided that for any reason the case shall not proceed, the bailee shall be notified accordingly.

(4)The provisions of section 116 of the Traffic Act, shall be observed in respect of notifications to attend Court.

(5)Certain minor offences under the Traffic Act, enumerated in the Traffic (minor offences) Rules, may be dealt with by means of Form P.160 which relates to a notification of a Traffic offence.

(6)Form P.160 shall be issued to minor traffic offenders and great care shall be taken when they are out of custody.

(7)A police officer shall not, under any circumstances, be permitted to receive money meant for the payment of a penalty.Warnings10. (1) Written warnings shall be issued to offending drivers in instances where it is considered that prosecution may not serve useful purpose and it is permissible for written warnings to be issued to offending drivers.

(2)Warnings shall not be issued in cases where a third party has suffered substantial damage or injury.Techinical evidence11. Where it is necessary to obtain evidence of a technical nature as to the state of a vehicle, the services of a vehicle inspector shall be sought.Driving under the influence of alcohol or drugs12. (1) Any person found driving , attempting to drive or in charge of a vehicle on the road, under the influence of alcohol or drugs to such an extent as to be incapable of having proper control of the vehicle, such a person shall –

(a)not be permitted to drive under any circumstances;

(b)be taken immediately to a medical officer, an officer of the National Transport Safety Authority or an officer authorized by National Transport Safety Authority to ascertain whether or not he or she is capable of having proper control of a vehicle;

(c)shall be requested to fill Form P.70; and

(d)be informed that he or she is at liberty to call his or her own doctor and reasonable assistance shall be afforded to him or her in this respect.

(2)If the person concerned refuses to submit to any or all, of the tests, in sub paragraph (1) (b), no force or persuasion may be used, but the medical officer or an officer of the National Transport SafetyAuthority or an officer authorized by National Transport Safety Authority shall be required to record the refusal on Form P.70.Unroadworthy vehicles13. (1) An unroadworthy vehicle shall not be left at a police station longer than is necessary and officers in charge of police stations shall be responsible to ensure that the vehicle does not deteriorate in it’s condition, which may expose the police to claim for damages.

(2)Vehicles which are left on the road at night with inadequate parking lights other than in a recognized parking place shall be removed from the road or illuminated in order to avoid the possibility of accidents.

(3)A vehicle found to be unroadworthy shall not be driven further and shall be towed to a police station, a vehicle inspection centre of the road transport branch or other suitable place for inspection.Speed checks14. (1) Speed checks may be conducted by the use of the radar machine.

(2)In all prosecutions for exceeding the speed limit the offender, shall be taken as soon as possible and if not practicable, the offender shall be bailed to appear before court at the earliest opportunity.

(3)Drivers found exceeding the speed limit by less than ten kilometers per hour shall be warned but not prosecuted.Accidents15. (1) Accidents which cause any harm to a person or an animal shall be reported to the police as provided under section 73 of the Traffic Act.

(2)Accidents which cause damage to property and the driver fails to stop and give his or her particulars, shall be reported to the police.

(3)The police officer shall investigate reported accidents with an aim of ascertaining the particulars of the parties, injured persons, witnesses and the cause of the accident.

(4)The police officer shall take reasonable measures to prevent the recurrence of the accident and prosecuting the person responsible.

(5)A police officer investigating, an accident shall—

(a)record the name, telephone and contacts address of the person reporting the accident in the Occurrence Book;

(b)proceed to the scene immediately and where applicable the person reporting the accident may accompany him or her to the scene, if he or she was a witness;

(c)on arrival, give first aid to injured persons, in accordance with the manual on First Aid;

(d)remove vehicles causing obstructions to the road, provided their positions are first marked so that detailed measurements may be made later;

(e)obtain particulars of witnesses with least possible delay, which may include recorded statements from witnesses at the scene with a view to checking their veracity with skid marks, damages;

(f)obtain particulars of injured persons immediately including the names, age, identity numbers, nature of injuries category of injured person such as driver, conductor, passenger, handcart pusher or cyclist and the hospital or mortuary in which the injured person has been taken to and if the injured persons has been evacuated to a hospital the police officer shall proceed to the hospital where the injured person has been taken and shall establish his or her particulars;

(g)the mechanical condition of vehicles involved shall be examined on the spot, if necessary with the assistance of a technical officer and care shall be taken to ensure that no person tampers with a vehicle until it has be examined;

(h)take measurements and the sketch plan shall be prepared in all accidents where serious injury has occurred, where there is a likelihood of a prosecution and if a Government vehicle is involved;

(i)where possible, take photographs of the scene;

(j)where he or she considers it necessary, apply for such assistance from scenes of crime personnel;

(k)when considering the action to be taken against the parties concerned the investigating officer shall be influenced by degree of negligence displayed and not by the seriousness of the injuries caused;

(l)on return to the police station, record in the Occurrence Book particulars of the road traffic accident, parties involved including particulars of drivers’ licences, insurance particulars of vehicles involved and the particulars of injured or deceased persons and the apparent cause of accident if the cause is obvious.

(m)inform the nearest relatives of any person killed or taken to hospital at the earliest opportunity;

(n)report all accidents, to the extent that is practicable to do so, and shall enter in the Accident Register of the police station concerned giving details of parties involved, insurers, particulars of injured persons and cause of accident, the insurance companies, motor vehicle owners, injured persons and any affected parties shall have a right to obtain copies of this register;

(o)in all fatal accidents where a charge of causing death by dangerous driving is preferred an entry shall be made in Capital Offences Charge Register;

(p)open files for all accidents injury and conclusive investigations recorded in the file within thirty days of occurrence of the accident and the contents of the police file shall be accessible to any interested party to the accident; and

(q)not open a late entry involving a road traffic accident after a period of seven days from the date of the accident.

Provided that such an entry, shall only be entered in the Occurrence Book by the officer in charge of the police station and an investigation file shall be opened.Accident abstract and medical examination forms16. (1) A person whose names appears in the Occurrence Book as having sustained an injury shall, on request be issued with a medical examination Form P3 after recording a statement with the investigating officer, if the statement had not been previously recorded.

(2)Where a person who had been injured in a road traffic accident and his or her name had not been recorded in the Occurrence Book, he or she shall furnish the investigating officer with copies of thetreatment documents as proof of his or her involvement in an accident.

(3)The investigating officer shall, on receipt of the treatment documents under sub paragraph (2), enter the complaint in the Occurrence Book, record his or her statement and issue the complainant with a medical examination Form P3.

(4)The complainant shall, after returning a duly filled Form P3 and his or her name being entered in the accident register, be issued with the abstract report on police set out in Form 10A.

(5)An insurer whose insured’s vehicle has been involved in the accident shall have a right to obtain copies of medical examination forms, inspection reports, accident abstract forms, statements, treatment notes, certified Occurrence Book extract and any other document supporting the injured persons claim against the insurer.Provided that the medical records shall only be given to the insurer with the written consent of the injured person.

(6)A police officer may, on request by the interested parties or their legal representatives and in the presence of, or with the written consent of the injured person, furnish copies of the abstract on Form P10a, providing the names and address of owners and drivers of vehicles involved, statement of injured persons and witnesses and the result of police investigations.

(7)The accidents abstract shall be prepared in accordance with the instructions provided on the reverse oF the Form 10A.Examination of traffic document17. (1) Where a police officer stops a vehicle for any reason other than checking the occupants at a road block he or she shall examine the relevant documents, which include—

(a)the drivers’ licence;

(b)the vehicles’ licence;

(c)the insurance certificate;

(d)for public service vehicle licenses the vehicle, driver and conductor; and

(e)the local authority licences such as the taxicab.

(2)The police officer shall ensure all vehicles on the road are properly licensed for the purpose for which they are being used.Particulars to be recorded18. (1) A police officer shall, when recording the names and addresses of a person, he or she shall record the—

(a)full names;

(b)residential address;

(c)business address;

(d)postal address; and

(e)telephone and electronic address.

(2)In addition to the particulars specified sub paragraph (1), the registration number, the licenses required to be examined as identified in paragraph 19(1) and the full details of the owners and the driver of the vehicle shall be recorded .Test case19. (1) A test case in respect of any traffic offence shall not be taken without prior reference to the Service headquarters.

(2)Where a case is dismissed by a court or any offender acquitted and it appears that the law would be brought into disrepute by such decision, the case filed and a copy of the judgment shall be forwarded to Service Headquarters by the Commandant Traffic Department, together with a covering report.Public service vehicle licence20. (1) Where an owner, driver or conductor of a public service vehicle is convicted of—

(a)a serious traffic offence;

(b)any offence relating to the operation and the type of goods to be carried;

(c)any offence relating to the use of such public vehicle; or

(d)unsatisfactory conduct, his or her license may be revoked in the manner provided under section 99 of the Traffic Act.

(2)Frequent police checks shall be held, to ensure that the conditions of Road Service Licenses are being adhered to.Goods carrying vehicles21. A police officer shall ensure that the conditions for operating of a goods carrying vehicle is endorsed on the licence which includes the routes or area of operation.Notification of offences under the Transport Licensing Act22. (1) Where an offence under the Transport Licensing Act is committed, the police officer shall prepare a charge sheet in triplicate which shall state the full details of the charge.

(2)The police officer shall on conviction of the offence forward a copy of the triplicate copy of the charge sheet to the Transport Licensing Board unless the accused is acquitted.

(3)In every case in which sub-paragraph 20(1) applies the charge sheets shall indicate the name and address of the transport or company operating the vehicle, in addition to the name of the driver.Road blocks and traffic blocks23. (1) A police officer shall not place or erect road blocks and traffics checks on a bend, brow of a hill or any other place where visibility is restricted.

(2)The condition of and the normal speed of vehicles using it shall be taken into consideration when erecting a check point.Equipment used at a road block24. (1) The equipment to be used at a road block or traffic check shall be –

(a)during the day, a “STOP” sign shall be placed at the centre of the road and adequate warning shall be given to the drivers approaching the sign by means of manual signals and the moving up and down of the hand in the manner of a vehicle driver indicating his or her intention to slow down is not a recognized police signal to stop and shall not be utilized;

(b)during the night; an illuminated or reflective “STOP SIGN” placed at the centre of the road two red reflective triangles or red lamps shall be on either sides of this “STOP” sign at a distance of 150 and 250 feet from the roadblock or traffic check;

(c)in urban areas and cities where there exist a speed limit and where the stretches of open road are less, the distance may be reduced, however the motorists shall have ample warning of the check ahead in order that accidents and possible claims against police are avoided;

(d)the personnel shall be clearly visible to approaching drivers;

(e)illumination shall be provided either by lamps or torches or by beam of vehicles headlights directed across the road with care being taken to ensure that approaching drivers are not dazzled by the lights of stationary vehicles.

(2)The police officer shall place road blocks in accordance with Appendix 23.Traffic checks25. Traffic checks either during the day or at night shall—

(a)be held as frequently as possible by the traffic police;

(b)not use physical barriers, such as barrels and pin- cushions unless in exceptional circumstances; and

(c)avoid as far as is practicable congestion of traffic.

Special events responsibility26. (1) An organizer of any special event shall be responsible for providing facilities for vehicles and pedestrians in private premises connected with the event but if police assistance is required it shall begoverned by the provision of Private use of Police Officers Orders contained in these Standing Orders and provisions relating to hiring of police for private purposes.

(2)The police officers hired for private purposes shall regulate and control traffic on public roads leading to such premises and the police shall cooperate with the organizers in order to limit congestion to a minimum.

(3)An organizer of a special event shall notify the public of the special event either through radio, press or road signs tickets routes and prior parking arrangements shall be made.Duties of escorts in motorcades27.(1) A Police escort shall be responsible for the safe conduct and arrival without undue delay, at the destination of the person being escorted.

(2)The Officer-In-Charge of the escort shall –

(a)have a thorough knowledge of the route;

(b)know the existing conditions of the route;

(c)carry the normal accessories; and

(d)carry a tow chain, spare petrol, oil and water as may be necessary, taking into consideration the state of the road and weather.

(3)Where there is a vehicle breakdown, the Officer-In-Charge shall organize alternative transport and shall provide any assistance that may be required enroute.Duties of outriders28. (1) An outrider shall—

(a)ensure a clear line of travel and shall prevent the encroachment of pedestrians and vehicles;

(b)not undertake normal escort duties and when necessary an escort car shall be provided in addition to the outriders;

(c)ensure that the distance between the front outriders and the vehicle they are leading depends on the speed of travel but shall not be less than thirty feet and the rear outriders shall be in line with, but clear of the rear wheels of the car; and

(d)where an outrider machine falters or stop, he or she shall immediately pull to the side of the road and shall not attempt to remedy the fault while retaining his or her position which shall be regained at the first convenient stop and he or she shall not overtake for this purpose, unless signaled to do so by the driver concerned, and then only at the slowest possible speed.

(2)An outrider shall only be provided when authorized by the County Commander.Traffic officer wear29. (1) A traffic officer shall wear high-visibility outerwear in addition to the full prescribed uniform when assigned to perform manual traffic direction and control functions.

(2)The personnel conducting unscheduled manual traffic direction and control in response to the unforeseen contingencies, such as foul weather, shall wear high- visibility outerwear,Provided that conditions make it practical to wear the highvisibility outerwear before initiating manual traffic direction and control.Manual traffic direction30. (1) While carrying out manual traffic direction and control, police officers shall at all times give due consideration to their own safety and the safety of the public.

(2)A police officer shall use standard procedures such as signals or gestures, to enable the driver or pedestrian to recognize and respond to his or her direction.

(3)When a police officer is directing traffic, it is necessary that the persons using the highway knows that he or she is present for that purpose and that the police officer shall use standard gestures or audible signals to direct the traffic.

(4)To indicate that the police officer is present for the purpose of directing traffic, he or she shall–

(a)turn the signal light ,if there is one, to blinking or flashing;

(b)position himself or herself such that he or she can be seen clearly by everyone, usually at the centre of the intersection or street;

(c)allow his or her hands and arms to hang easily at his or hermsides except when gesturing; and

(d)stand facing or with his or her back to the traffic which he or she has stopped and with his or her sides to the traffic he or she has directed to move.

Stopping oncoming traffic31. (1) To stop traffic, the officer shall first extend his arm and index finger foward and look directly at the person to be stopped until that person is aware, or it may be reasonably assumed that he or she is aware, of the police officer’s gesture.

(2)The pointing hand is raised at the wrist so that its palm is toward the person to be stopped, and the palm shall be held in that position until the person is observed to stop.

(3)To stop traffic from both ways on a two- way street, the procedure is then repeated for traffic coming from the other direction while continuing to maintain the raised arm and palm toward the traffic previously stopped.How to start traffic32. (1) An officer intending to start traffic shall first stand with shoulder side toward the traffic to be started, extend his or her arm and index finger toward and look directly at the person to be started until that person is aware, or when it may be reasonably assumed that he or she is aware, of the police officer’s gesture.

(2)With the palm up, the pointing arm is swung from the elbow only through a vertical semi-circle until the hand is adjacent to the chin and where necessary, the gesture is repeated until the traffic begins to move.

(3)To start traffic from both directions on a two-way street, the procedure is then repeated for traffic coming from the other direction.

APPENDIX 23−SPEED CHECKS-PROCEDURE

With reference to paragraph 28 of this chapter the following is the method to be employed in the conducting of speed checks -

(a). Stop Watch Method

Distance

(i)Speed checks shall not be operated on distance of less than quarter of a mile, unless special circumstances exist, such as a school, where excessive speed shall be stopped by extreme measures.

Direction method(ii). The check shall normally operate in one direction only.Method

(iii). Three officers are required — one at the entrance to the check, one at the end of the check and a third officer a short distance beyond the end of the check.

The first officer “A” shall signal to the second officer “B” by visual means, radio or field telephone, that a vehicle has entered the specified area; if radio or field telephone is used the vehicle number to be given. On receipt of this signal “B” shall simultaneously start his/her stop watch and stop it when the vehicle has passed the marker indicated at the end of the measured distance. He or she -shall ascertain from his/her list of times andspeeds whether the vehicle was exceeding the speed limit and, if so, shall record its number, time taken and signal the third officer, “C” to stop it. “C” shall advise the driver that he or she has passed through a speed trap, inform him/her of his/her speed, record the necessary particulars and warn him/her that consideration shall be given to prosecuting him/her.

(b). Following method

(i). In this method the speedometer of the police vehicle used shall be tested and found correct against a stopwatch over a measured distance within,seven days of the offence. In practice, it shall be found preferable to test the speedometer after the detection of the offence.

(ii). A record of the speedometer check should be entered in the vehicle log book and in the Occurrence Book, giving time, date, place, speed and result.

(iii). In order to ensure as much accuracy as possible the “following” vehicle shall keep a reasonably uniform distance behind the vehicle being followed.This method is not completely satisfactory and shall not normally be used.

Chapter 24 —POLICE COMMUNICATION

Communication as a means of ensuring public accountability1. (1) The Service shall regularly update the public on its activities through police communications.

(2)Police communications, correspondences, internal and public information shall be conducted in accordance with the Orders and other guidelines to be issued from time to time .Functions of the Service communication2. (1) The Service communication shall–

(a)promote a twenty-four hour response capability;

(b)co-ordinate , collect, collate and disseminate administrative, operation and intelligence;

(c)promptly handle and rout emergency calls for service;

(d)eliminate communication barrier;

(e)select and train communications personnel; and

(f)ensure security and confidentiality of information;

Department of Information, Communication and Technology3. The Service shall have a Communication department whose function is to maintain proper flow of information within and outside the Service for effective communication.Staff Officer, Information Communication and Technology4. The department shall be headed by a staff officer, who shall be responsible to the Inspector General for all matters affecting the organization and administration of the Communication department, including-

(a)the selection of equipment;

(b)installation, maintenance and repair of communication equipments; and

(c)conducting training and induction courses for communications staff.

Coomunication Centers5. (1) Any officer working in the field or handling an assigned call shall be in radio contact at all times.

(2)A list of established National Police Communication Centers and their respective call signs and frequencies shall be issued by the Staff Officer, Information, Communication and Technology from time to time.

(3)The frequency allocated to each work station shall only be changed after obtaining permission from the Staff Officer Information, Communication and Technology.

(4)The radio system is to be used for transmitting official police business only, and such transmissions shall be brief and impersonal.

(5)Members of the Service shall not use the police radio to obtain information that is readily available through a telephone or computer terminal and shall conduct their own record checks, except when safety may be jeopardized or when a computer system is not readily available.

(6)Members of the Service shall abide by established procedures and shall practice common courtesy when using the police radio.

(7)Non-emergency calls may be dispatched via computer systems by either voice or data.Location of communication rooms6. Communication rooms shall be located in designated places away from unnecessary interference and access of transmission to illegal audience.Personnel establishment7. The department shall have a personnel establishment with technical and software capabilities and radio operating staff deployed in accordance with the establishment in the National Police Service.Deployment8. Personnel within the department shall be deployed atestablished police communication centers with call signs and frequencies listed –

(a)operators;

(b)telecommunications technicians;

(c)information technology officers;

(d)electrical technicians; and

(e)power plant technicians.

Establishment of information, communicationand technology workshops9. The Inspector General or the Deputy Inspector General shall organize Information, Communication and Technology Workshops which may be located in Counties, Formation and Units.Control of security messages or information10. (1) The security messages sent by Police communication facilities, shall be limited to!

(a)official messages or information of Service, the Kenya Wildlife Services, the Prison Service, the Kenya Defence Forces, the Kenya Forest Service, and the National Youth Service when controlled or authorized by the Joint Communication Board; and

(b)urgent or special messages or information from other Government departments where no other faster means of communication is available with the authorization of the officer in charge of the station or camp, post, outpost and unit bases, however, such information shall—

(i)only be passed for transmission if signed by the officerin-charge station or camp, his or her deputy or duty officer and

(ii)only be passed between Police Formations, Units and shall not be addressed to private individuals or telegraphic addresses other than Official National Police Telegraphic Addresses.

(c)messages or Information relating to control of Aircraft and Marine Vessels.

(d)weather reports.

(2)Police messages shall have priority over those received from other sources, unless handled under "Joint Operations" conditions or except where instructions to the contrary are received from the Officer - In-Charge of the Police Formation or Unit concerned.Checking of the Information or Messages11. No Information shall be accepted for transmission unless it has been checked, accepted and signed by its author.Reference number to preface information12. The text of all messages or information shall commence with an appropriate reference number, date and time.Presentation of Information or Messages13. (1) Information or messages for transmission shall be typed or written in block letters to avoid errors and prepared in duplicate on message pads.

(2)The original copy shall be sent to the respective Service Communication Centre concerned for transmission while the duplicate shall be retained by the originator for filing.

(3)The text of a message shall be short, consistent, precise and clear.Priority of messages or information and delay time allowed14. (1) The precedence of messages or information shall be classified as follows-

(a)FLASH - prefix “Z” - reserved for matters of life and death and incidents of major significance concerning national security.

(b)IMMEDIATE prefix “O”- reserved for messages of operational emergency, urgent crime reports, navigational warnings and air movements.

(c)PRIORITY - prefix “P” - reserved for messages concerning operational and other important and urgent matters for which routine precedence shall not suffice.

(d)ROUTINE - prefix “R” - reserved for all types of messages, which are not of sufficient priority to justify, a higher precedence.

(2)Delays allowed in the Message Centre or Communication Centre of or information Centre of origin shall be –

(i)FLASH - Nil

(ii)IMMEDIATE - Nil

(iii)PRIORITY - 1 hour.

(iv)ROUTINE - 12 hours.

(3)If an information or message has not been transmitted within the delay period allowed, the originator shall be informed and the reason as to the delay logged.

(4)The authority for the use of “FLASH” is vested in the County Commander or his or her deputy, a Formation Commander or hisnor her deputy, or any Gazzetted officer.

(5)Multiple addresses shall also be given the precedence required and this shall be inserted in Box No. 1 and No. 2 where applicable the message form.Writing message precedence15. (1) When a message is handed in at a communication room for transmission, the message precedence shall be written in the message form Box No. 1 and No. 2 if applicable by the officer originating the message.

(2)If no precedence instructions have been written in the provided space, operators shall insert “ROUTINE” and treat the message as such.Message delivery16. (1) Suitable arrangements for delivery of messages shall be made by the Officer -in-Charge of Formation or Unit.

(2)A message receipt book shall be used in which addressees shall be required to sign for messages received except electronic mails (emails) which shall be acceptable upon being proved genuine.Messages or information received by telephone17. Messages or information sent by telephone to a Service Communication Centre shall be followed by a written message which shall be clearly marked “Confirmation Copy”.International Emergency Call18. (1) The following international precedence shall apply to international emergency calls –W/T................................ R/TDistress S O S.............. MAYDAY MAYDAYUrgency X X X.........................PANSafety T T T.......SECURITY (Pronounced SAYCURE-E-TAY)

(2)A distress call shall have absolute priority over any other transmissions and all stations hearing it shall immediately cease any transmission which could cause interference to the distress traffic and listen on the frequency for the sending of the distress message.

(3)All distress traffic shall be logged in detail.

(4)the International frequency in the mobile service is 500 KHZ but stations may use any other frequency on which attention might be attracted.

(5)An urgency call shall have priority over any other communications except distress call, and all stations hearing it shall take care not to interfere with the transmission of the message which follows.

(6)The initial transmission of an international emergency call shall be authorized by the Officer Commanding the formation concerned and shall not be sent by operators on their initiative unless under exceptional circumstances, further, the authorizing signature of the Officer-in-Charge shall be obtained and shown on the copy of the message.

(7)Except in a genuine case of Distress or Urgency, the transmission of International Emergency Calls is absolutely forbidden.

(8)Disciplinary action shall be taken against any operator who fails to keep radio (transmitter) silence after an emergency message has been transmitted, or who sends this message without authority from his/her Formation commander.Operators not to leave Communication room unlessrelieved19. An operator on duty shall not leave the communication room during watch keeping schedules unless properly relieved or instructed by the immediate superior or a communications officer.Duties of the Station Commanders20. (1) Operators shall clean the wireless equipment, communication rooms and associated power plants, solar panels and batteries.

(2)Station commanders shall ensure—

(a)the generator sets are refueled correctly;

(b)naked flames and/or lighted cigarettes or pipes are not permitted within 10 metres of such plants;

(c)suitable firefighting equipment’s are available in or near the engine rooms; and

(d)a suitable notice of fire precautions shall be printed in English and Kiswahili and affixed to the engine room door.

Unathorized persons21. Unauthorized person shall not be allowed in any Communication room or communications office and contents of messages or information shall not be divulged by operators to unauthorized persons.Radio Telephone persons22. (1) Joint services radio telephone operating procedure shall be used on all voice networks except the Radio Trunk communications system.

(2)There shall be only two network languages permitted on Service Radio Networks, English and Kiswahili, only in cases of extreme urgency may a vernacular language be used.Loss or damage of communication equipment23. (1) Loss or damage of any Communication equipment shall be reported immediately to the officer in charge of the parent station who shall at once investigate the circumstance and endeavor to recover the lost items.

(2)An inquiry into the loss or damage shall commence and the file shall be submitted to the respective Service headquarters through the County Commander or Unit or Formation Commander within 10 days of the discovery of the same.Accounting for Communication equipment24. All communication equipment issued to a County, Formation and Units shall be taken on ledger charge on receipt and accounted for.Misuse of communication equipment25. (1) An officer authorized to use communication equipment shall not misuse them.

(2)Misuse of communication equipment includes!

(a)tuning to unauthorized frequencies or channels;

(b)equipment being handled by unauthorized person;

(c)leaving radio communication gadgets unattended; or

(d)tampering with frequencies

Battery charging plants26. Officers-in-Charge of station, Police post and outpost shall ensure, battery charging plants of the Communications Directorate shall not be used to charge any batteries other than those of police radio.Communication equipment27. Communication equipment includes computers, radio gadgets, cameras, telephones, tele-machines, televisions, fax and micro-wave equipment’s servers.Maintenance of communication equipment28. (1) Repairs of the Service Communication equipment shall only be done by technicians of the National Police Service Communications Department or any other person authorized by the Service.

(2)All faults observed shall be reported to the Station Commander who shall immediately inform the nearest Communications Officer.Service H.F (High frequency), V.H.F (Very HighFrequency), U.H.F (Ultra High Frequency)and IP(Internet Protocol) network29. Charts showing the Service High Frequency (H.F), Very High Frequency (V.H.F),Ultra High Frequency ( U.H.F) and IP network shall be published from time to time by the Communications Department.New Installments30. New installations either static or mobile shall not be carried out without the specific approval of the Staff Officer Communication.Radio Log-Book31. (1) All Static Police Communication Centers shall maintain an official Radio Log-book in which shall contain–

(a)stations to which communication is established;

(b)date and time of all transmission;

(c)frequency in use;

(d)brief details of communication between other stations on the frequency;

(e)receipt of messages;

(f)any suspected faults to equipment;

(g)confirmation that silence period has been observed; and Radio Log-Book

(h)signature of communication operator on watch.

(2)The date, time and signature of operators opening or closing watches shall be logged on watch change over and such signature of the operator going off duty and the operator commencing duty shall appear on separate lines of the log-book on every such occasion.

(3)Message and information registers shall also be kept at each Communication Centre and the registers together with the log-book, shall be checked daily by the Senior Operator and faults and omissionsmrecorded shall be corrected.International silence period32. (1) With the exception of “999/112” Network, all police Communication Centers on both H.F and V.H.F. frequencies shall maintain the Standard International Silence Period from the hour +15 to the hour +18 and again from the hour +45 to the hour +48 to allow emergency calls to be made from any station without interference from normal communications.

(2)To facilitate the maintenance of the period, all Communication Centre clocks shall be marked in red over these periods.Unfair wear and tear reports33. (1) The Communications Officer shall submit the unfair wear and tear report to the Director of Communication for necessary action.

(2)The procedure to be adopted on discovery of defects shall include–

(a)immediate reporting to the Officer-in-Charge Communications, who shall take prompt action to have them repaired;

(b)investigation of any defects, loss of damaged occasioned by neglect with a view to recovering the cost of repair or replacement thereof from the person responsible;

(c)where any defects in equipment renders its use unsafe or illegal, its use may be prohibited until such defects are corrected; and

(d)ensure equipment with faulty circuit systems are not used under any circumstances.

Uniformed Communications officers34. (1) Uniformed junior officers of the Communication Directorate are attested National Police Service Officers and their ranks shall be those normal to the Service with the suffix “Communication” added.

(2)Communication Operators shall serve the Directorate after initial training for at least five years before reverting to other duties on request and subsequent approval by the Inspector General.Communication Badge35. Trained operators shall wear the official Communications badge as laid down in Dress Code Order in these Service Standing Orders.Promotion of Communications Directorate Personnel36. Promotion of uniformed personnel within the Communications Directorate shall be in accordance with the provisions of the Examinations and Promotions Order in these Service Standing Orders.Communications Directorate standing instructions37. The Communications Directorate Standing Instructions on Communication, Engineering Stores or General, in the Joint Service Operating Procedure shall provide detailed instructions.Service telegraphic addresses38. The Service shall maintain the following telegraphic addresses—

(a)a list of National Police Service Headquarters Telegraphic Addresses as contained in appendix 24 (a) to these Orders;

(b)a list of Kenya Police Service Telegraphic Addresses is contained in appendix 24 (b) to these Orders;

(c)a list of Administration Police Service Telegraphic Addresses as contained in appendix 24 (c) to these Orders; and

(d)a list of Directorate of Criminal Investigations Telegraphic Addresses is contained in appendix 24 (d) to these Orders.

Establishment of Power Plant Units39. (1) The Inspector-General shall authorize the establishment of power plant unit based on Information, Communication and Technology requirements.

(2)Except in an emergency, power lant units shall not be installed, temporarily or permanently, at any police station, police post or base without the authority of the Inspector-General.

(3)Applications for additional plants shall be made to the Inspector-General through the normal channels and shall be fully supported, giving detailed information, which includes-

(f)station/post at which plant(s) is or are required;

(g)type of plants; and

(h)the reasons.

Use of power plants40. (1) A power plant shall only be used for the operation of the National Police Service communication equipment and not for any other purpose, unless specifically authorized by the Director of Communication.

(2)Power may be supplied from the Service Power Plants to Police offices, stores, houses, police canteens and other Government Departments on authority from the Director of Communication and any arrangements so made shall be covered by a written agreement.Officer-in-charge41. For purposes of these orders, the “Officer-in-Charge” of a power plant shall be deemed to be the Officer-in-Charge plants, of the formation to which the power plant is on charge and such Officer shall be responsible for the proper operation of the plant.Boarding of power plants42. (1) The Director of Communication shall make recommendations for boarding of power plants, and arrange the Board of Survey made from Service Headquarters.

(2)Power plants awaiting inspection by the Board of Survey shall not be cannibalized without written authority from the Director of Communication.Serial numbers43. (1) Every plant shall be allocated a serial number by the Director of Communication which shall be painted on each plant.

(2)Every police battery shall bear a registration number, which shall be branded into the side or end of the battery and have the prefix of the National Police Service or respective Service followed by the institution registration numbers.Records44. (1) The Director of Communication shall maintain at the Headquarters a record of all power plants.

(2)A power plant log book shall be kept in respect of each plant and details of fuel and lubricating oils used and hours run shall be entered in the Log Book.

(3)Responsibility for entries in the log book shall be that of the Officer-in-Charge where the plant is installed.Monthly summary in the Power Plant Log Book45. On the last day of each month, the number of hours and them amount of fuel and lubricating oil used shall be summarized in the Power Plant Log Book, transferred to the monthly Power Plant Return and forwarded in the same manner as laid down in the Reports and Returns Order in these Service Standing Orders.Maintenance, replacement and installation of Power Plants46. The maintenance, replacement and installation of power plants shall be the responsibility of the Staff Officer Communication.Fire precautions47. The Officer-in-Charge of enforcing fire precautions shall ensure that at all times–

(a)the buildings are kept clean and tidy;

(b)no stores item, or fuel is stored in the engine house;

(c)when separate storage facilities are not immediately available, or the quantity of liquid fuel held is insufficient to warrant such facilities, the fuel is stored in the open, in a pit sufficiently large to hold the containers and situated 30ft. (10m) clear of all buildings and combustible materials;

(d)notices bearing simple suitable instructions to staff in the event of fire, are prominently displayed, preferably on the outside of the door including information as to how to call the Fire Brigade;

(e)all staff are instructed in the use of the available firefighting equipment;

(f)“No Smoking” or “Naked Lights” notices are prominently displayed near or on the buildings;

(g)if the fuel tank has to be refilled during the hours of darkness and electric light is not installed in the engine house, only electric torches are used to provide light and that fuel powered plant’s engine is switched off before the engine tank is replenished with fuel;

(h)an adequate supply of buckets of sand or earth or appropriate portable fire extinguishers is kept inside and outside the engine room and C.T.C (Carbon tetrachloride) extinguishers shall under no circumstances be used inside a building;

(i)water is not used to extinguish fires owing to the danger of electrocution;

(j)the doors of engine rooms are kept open when any person is inside, to permit rapid exit shall fire occur such doors shall, if possible, open outwards; and

(k)adequate ventilation is maintained in engine rooms, preferably near ground level and protected by wire gauze.

First Aid48. Form L.C 250 “First Aid Treatment of Minor Injuries”, which is obtainable from labour Officers or from the Director of Communication, shall be displayed at a prominent place in all engine rooms for use, and an adequate supply of the dressings recommended shall be kept available.General49. Occupational Damage or Misuse reports (FORM P81B) shall automatically be raised in every case of damage to power plants and shall be forwarded to the Director of Communication.Inventory50. All communication rooms shall maintain an inventory of all equipment and furniture.Communication standard operating procedures51. The Director of Communication shall develop Standard Operating Procedures to guide communication in the National Police Service.Guidelines for the use of Service mobile phones52. (1) Service mobile phones issued shall be used according to the following guidelines—

(a)officers on duty shall ensure the mobile phones assigned to

them are always charged;

(b)officers on duty shall carry the mobile phones with him;

(c)when calling from service-issued mobile phone to serviceissued mobile phones employees shall use the direct-connect feature whenever possible;

(d)directory assistance calls shall not be placed;

(e)while on-duty, the service-issued mobile phone shall be activated, unless the current task the officer is involved in could create officer safety issues, the officer is attending meetings, or any other time the mobile phone would interfere with police business;

(f)all employees issued with a mobile phone by the service shall

(i).ensure the phone is charged;(ii).keep the phone on at all times except in those circumstances where it may be considered disruptive or distractive;(iii).keep the phone on their persons or close enough to their person to answer a call;(iv).respond to all calls related to operations within a reasonable length of time; and(v). be responsible for the accountability and proper care of the mobile phone as well as the proper usage, and any accessories that the employee is issued associated with the mobile phone.

(g)members of the Service shall not use the Service issued mobile phone for calls that may be considered as prank calls, obscene, threatening, demeaning, harassing, annoying or otherwise offensive in nature.

Guidelines on use of personal mobile phones53. (1) Personal mobile phones shall be used according to the following guidelines—

(a)in general, personal business shall not be transacted using Service issued mobile phone;

(b)personal mobile phones or electronic devices shall not be used while driving;

(c)the Service shall not repair or replace personal mobile phones or other personal electronic equipment;

(d)a police officer shall not use his or her personal mobile phone while actively engaged on duty unless the use is necessary for the execution of duty an officer is actively engaged in; and

(e)a police officer shall use his or her personal mobile phone to take photographs of a crime scene.

Approved mobile phone usage54. (1) Service owned mobile phones shall be used as a secondary form of communication and are not a substitute for radio communication.

(2)Approved mobile phone usage includes—

(a)conveyance of sensitive or restricted information, like the radio, there is no reasonable expectation to privacy while using a mobile phone;

(b)undercover operations, special assignments communication beyond normal radio range; and

(c)incidents in which direct communication with an employee and the public is critical;

(3)Every effort shall be employed to secure mobile phone communication through encryption and other technologies.

(4)Members of the Service shall survey their surroundings wherever they want to convey confidential information and at their discretion determine the appropriateness of conveying the information in those circumstances.Social media55. Photo messaging and information transmission by members of the National Police Service on social media is prohibited unless they can be clearly linked to the conduct of official business.Audit56. Random and periodic audits of Service issued mobile phone usage and financial charges may be conducted at the Service discretion.Service mobile phone use by public57. (1) Service issued mobile phone numbers may be provided to the public for communication.

(2)Personnel shall not provide the mobile phone number of any member of the Service to the public without the authorization of the mobile phone user or the Inspector-General or his or her designee.Professional use of Service and personal mobile phone58. (1) (2) In particular, Service and personal mobile devices shall not be used –

(a)to communicate information that may disparage, threaten, or harass others;

(b)to make statements that may be considered defamatory;

(c)to communicate sexually explicit material, propositions or suggestive remarks;

(d)to communicate aggressive material including threats, violence, abuse, obscenities or material that promotes illegal acts;

(e)to discriminate in any way, to harass or victimize including insults or “jokes” related to a person’s protected characteristic including age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation;

(f)to conduct political, religious or any other inappropriate lobbying or canvassing;

(g)to conduct personal, private or freelance business interests; and

(h)any other form of communication that may be prejudicial to the integrity and good image of the Service.

Monitoring59. The Service shall monitor and record usage of every Service mobile device, including personal use.Safety precautions on the use of mobile phone60. Users of Service or personal mobile devices for Service business purposes shall−

(a)protect the PIN or securely lock their mobile devices in order to safeguard access to any personal information stored;

(b)ensure that their mobile device is kept physically secure and remains under their control at all times;

(c)ensure that no sensitive or protectively marked Service data is stored on their mobile device at any time unless on an approved device;

(d)ensure that any Service issued smartphone is used in accordance with its operating procedure;

(e)ensure that Service devices are not connected to any public or private Wi-Fi networks, either at work or at home;

(f)not update, install upgrades, patches, software or applications on the Force device and if such updates or installations are required for policing purposes users shall make representation to thedepartment of Information, Communication Technology;

(g)not connect their service device to a non-Service computer, even for the purposes of charging;

(h)not attempt to subvert or disable or force authentication, security controls or systems; and

(i)turn off the location-based service on their smart phone as it can be used to track locality.

Loss, Theft or Damage of mobile phones61. (1) An individual shall notify his or her immediate commander of any loss, theft or damage to any Service owned mobile device immediately and where relevant a Security Incident report shall be completed.

(2)Where an employee loses a Service owned mobile device through negligence or carelessness, the Service reserves the right to surcharge the employee for the full replacement cost of the device as the case may be.Review and Monitoring of Mobile phone Usage62.(1) The offices of the Inspector General, Deputy Inspectors General, Director, Directorate of Criminal Investigations and Internal Affairs Unit, shall review all monthly mobile phones invoices, including the detailed billing records, for accuracy and to ensure each mobile phone is billed on the correct service plan.

(2)The offices reffered under sub paragraph (1) shall determine whether a particular department issued mobile phone needs to be changed from one service plan to another based on review of thosedetailed billing records and shall advise members of the service and their commanders accordingly.

(3)The Office of the Inspector-General may further recommend changing the plan or reimbursement.

(4)Monthly detailed billing records shall be reviewed to determine whether they reflect questionable charges which may include—

(a)telephone calls that are extremely excessive in length such as a single;

(b)excessive personal or unauthorized calls;

(c)the identification of telephone calls made to inappropriate entities such as 900 numbers or call-in sports or talk-radio programs;

(d)the repeated use of directory assistance at a cost to the police Service; and

(e)any other unauthorized calls as provided for in the mobile phone use.

Memorandum63. (1) Any billing record sent out to the Inspector-General for review by the Offices responsible for professional standards shall have a memorandum outlining the reason for recommendations which may include –

(a)no further action;

(b)discipline action; and

(c)training.

(2)The memorandum from the Office of the Inspector-General and the Offices responsible for professional standards shall be forwarded to the Inspector-General for disposition and request for a change in the service plan shall be forwarded to the Office of the Inspector-General for determination.Order of written communication64. (1) The chain of command shall be followed in all written communications regarding Service policies or relevant changes in procedures, unless otherwise directed.

(2)Any correspondence that may require the Inspector-General’s signature shall be forwarded through the chain of command to the Inspector-General’s Office.Types of Correspondence Files65. (1) The following files shall be maintained for official correspondence in the National Police Service—

(a)top secret;

(b)secret;

(c)confidential;

(d)personal – confidential;

(e)personal – open; and

(f)open correspondence file.

Maintainance of Files66. Files shall be treated and maintained in the following manner–

(a)top secret, secret and confidential maintained in accordance with instructions contained in Government of Kenya Security Manual;

(b)personal confidential and open – gazetted officers’ files maintained by the respective Deputy Inspectors-General at service headquarters, county or formation commanders;

(c)county personal confidential and open inspectors and civilian staff files shall be maintained by county or formation commanders mentioned in sub paragraph (b), sub-county commanders, in respect of inspectors and civilian staff under their command;

(d)confidential personal files shall contain correspondence of a confidential nature such as annual confidential reports, matters of conducts, discipline and promotion, serious complaints by the public, and other matters to which subordinate and clerical staff shall not have access;

(e)personal open files shall contain correspondence of a purely routine and administrative nature and shall be marked “county” or “sub-county” as the case may be in order to indicate clearly the destination of such files in the event of the officer concerned being transferred;

(f)personal open files - junior officers: shall be maintained at unit/formation/county and sub-county headquarters, transport and communications branch of service headquarters. and on transfer of the officer concerned they shall be forwarded by registered post to the county/sub-county to which he or she has been transferred, numbered “pf” followed by the relevant service number;

(g)“open correspondence files” shall contain routine and administrative matters of which a permanent record is required.

Timeframe for acknowledging and responding to correspondence67. (1) The National Police Service shall acknowledge within 24 hours of receipt, any correspondence requiring an acknowledgement and this shall be done at the point of initial receipt or booking in.

(2)The National Police Service shall endeavor to send a reply for any correspondence requiring a response within 20 working days of the date of the acknowledgement.Correspondence to headquarters68. Correspondence to Service Headquarters shall be dealt with through the respective Deputy Inspectors-General.All communications to be signed69. (1) Written communications of any nature shall be dated and signed by the author.

(2)Officers acting on behalf of the Officer-in-charge of any formation shall sign “for” the latter and not over their own official designations.Rules for correspondence70. The general rules that shall apply to all correspondence are-

(a)copies of all outward correspondence shall be retained;

(b)such copies shall be filed in a chronological order;

(c)replies shall not be minute on original correspondence but shall be the subject of separate letters;

(d)all correspondence shall be given a reference number and an appropriate heading;

(e)sufficient copies shall always be sent to the addressee for each formation in the channel of distribution to be able to retain a copy or for distribution to be made when necessary;

(f)a separate letter shall be written for each subject, or when persons are mentioned in the same letter sufficient copies shall be forwarded to allow for filing under each heading;

(g)the name of the writer shall be typewritten or printed above his or her designation;

(h)margins of at least one inch shall be allowed to facilitate filing; and

(i)all correspondence shall be dealt with promptly and interim replies or acknowledgements may be sent.

Content of correspondence not to be divulged71. Copies of official correspondence shall not be given to or divulged to members of the public or any unauthorized person.Methods of Address72. The methods of addressing official correspondence shall be-

(a)members of the Public:- Commencing “Dear Sir” and terminating “Yours faithfully”;

(b)the Chief Justice and Judges:- “The Honourable The Chief Justice” or “The Honourable Mr./Lady. Chief Justice.

:“followed by the address and the designation “Sir/Madam”;

(c)correspondence within the Service shall be addressed in the manner set out in Appendix 42(e).

Head of Departments Authority to sign correspondence73. (1) A head of department may only sign correspondence,orders, directives and instructions on behalf of the Inspector-General on matters relating to Police Orders affecting the department for which heor she is responsible, and is authorized to communicate on behalf of the Inspector-General, with other Government Departments, and may correspond with the agents and suppliers abroad with the concurrence of the Administrative Secretary.

(2)Departments shall be listed in the Service Establishment, Service Headquarters summary, and area and shall include−“A” Department - Personnel.“B’ Department - Operations“C” Department - Transport“D” Department - Communications Branch“E” Department - Supply.

(3)Staff officers responsible to heads of departments may sign correspondence, orders, directions and instructions to addressees withinthe National Police Service on behalf of the department head and subject to his specific authority on matters of a routine nature.Correspondence with adjacent services74. (1) Except in cases of emergency, all correspondence with other Services on criminal matters shall be conducted through Directorate of Criminal Investigations Headquarters.

(2)In cases of emergency or on formal or routine matters, County Commanders on the borders of Kenya may communicate with the neighboring Executive Officer in adjacent Services.

(3)Correspondence to the Headquarters of other Services shall be made through National Police Service Headquarters.Code messages75. (1) A coded copy shall not be retained when dispatching a code message and all notes thereon shall be destroyed.

(2)A paraphrased copy of the message en clair shall be inserted in the relevant file and shall be marked “Dispatched in Code”.

(3)When a code message is received, a paraphrased copy of the decoded message en clair shall be typed on a sheet of paper leaving a clear space at the top on which the upper portion of the telegram or signal showing the place of origin, the time of dispatch and receipt shall be pasted and the original message and decoding notes shall then be destroyed.Sving gram76. The “Savings gram” method shall be used for suitable correspondence with other Government Departments and such correspondence shall be condensed in the form of telegrams or signals transmitted by mail in the ordinary way.Use of radio network77. (1) A service radio network shall be used for transmission of short routine correspondence.

(2)Post Office Telegraphs Service shall not be used where police radio links exist.Relations with County Administration78. (1) The relationship between officers of the County Administration and the Service shall be regulated by the National Government and Co-ordination Act, 2013.

(2)The immediate responsibility for all acts which touch upon the peace and good governance of a Sub-County and upon the general working of the machinery of Government rests upon the Sub-County Commander.

(3)There shall be constant consultation and co-operation between the Sub-County Commander and the Local Service Commander and any difference of opinion arising between them shall be referred to higher authority by both sides, however, where urgent decisions need to be made, the view of the County Commander shall prevail.

(4)A Sub-County Commander, before embarking on any new course of action which is likely to affect the maintenance of law and order, shall seek the views of the County Commander.

(5)The County Administration shall provide the duty of officers of the Service, with such assistance within their power in order to enable the Service to carry out their duties with the maximum efficiency.

(6)The Service shall assist the County Administration to the fullest extent possible and facilitate a full interchange of information between the County Administration and the Service.Relations with the public79. (1) In their relations with the public, police officers shall–

(a)at all times remember that they are public servants and accordingly treat all members of the public with the utmost civility, forbearance, good temper, calmness and firmness;

(b)avoid arguments, gossiping and unnecessary conversation and interference with members of the public when on duty, but readily give all proper information if asked by any person, and provide his or her name and number when requested so to do;

(c)ensure a third person, preferably another Police Officer, is present at interviews by the Service to individuals considered likely to give either deliberately or through misconstruction, an incorrect account of what transpired or the points arrived at during the course of such interviews;

(d)readily admit a mistake and as far as possible, rectify it without delay, however, an officer involved in an incident which may result in criminal or disciplinary proceedings shall admit liability without due regard to the consequences;

(e)be prompt in investigating complaints as delay can aggravate the complaint and give opportunity for collusion or the suppression of evidence;

(f)under no circumstances enter into any sort of negotiation with a complainant or his legal representative nor admit or accept any liability for any alleged claim for compensation or similar redress; and

(g)ensure any correspondence with complainants or their advocates is confined to a police acknowledgement which shall be endorsed “without prejudice”.

Communication with the press80. (1) When communicating with the press, members of the Police Service shall—

(a)understand their duties, and maintain a cordial understanding and cooperation with the press;

(b)Inform them that much information possessed by the Service is either of a secret or confidential nature for official use only and they have no right to disclose such information to a third party

(c)bear that information shall not be given to the Press on among other grounds -

(i)for security reasons –nothing shall be divulged regarding a subject which is classified as secret or officially withheld from publication, nor shall any information be given which is likely if published to prejudice the safety of members of the Police or Security Services or the success of their operations,

(ii)for confidential reasons- no information shall be given from official Police records and no statement be disclosed which has been made to the Police by a third party,

(iii)for general reasons - no information shall be given which may affect either a specific or possible Service investigation or may interfere with the course of justice or the prosecution of an offender or which is likely to cause embarrassment to the relatives of a deceased or injured person, or to the relatives of any person involved in an occurrence with which the Service is concerned.

(2)A daily report may be prepared at the Service Headquarters and a copy supplied to the Press Officer at Nairobi.

(3)The following information shall not be released to the news media–

(a)statements related to the character or reputation of an accused person or a prospective witness;

(b)admissions, confessions, or the contents of a statement or alibi attributable to an accused person;

(c)the performance or the results of any tests, or the refusal of the accused to take a test or to participate in a lineup, except that which is a matter of public record;

(d)statements concerning the credibility or anticipated testimony of prospective witnesses;

(e)the possibility of a plea of guilty to charges or to a lesser offense or any other disposition;

(f)opinions concerning the evidence or any argument in the case whether or not it is anticipated that the evidence or argument shall be used at trial; and

(g)the contents of any note or message left by the victim of a suicide.

(4)The categories of classified information include –

(a)“top secret” means information whose unauthorized disclosure would cause exceptionally grave damage to the interests of the State;

(b)“secret” means information whose unauthorized disclosure would cause serious injury to the interests of the State;

(c)“confidential” means information whose unauthorized disclosure would be prejudicial to the interests of the State; and

(d)“restricted” means information whose unauthorized disclosure would be undesirable in the interests of the State.

Limitation in release of information on security grounds81. The limitation of access to information shall –

(a)comply with Article 24 of the Constitution; and

(b)satisfy the following criteria—

(i)ensure the protection, maintenance of and promotion of national security, public safety, public order and protection of the rights and freedoms of others;

(ii)be necessary to achieve the mandate of the Council;

(iii)operate without discrimination; and

(iv)be exceptional and not derogate the core or essential content of the right or freedom being limited.

General82. (1) Officers-in-charge of formations and holding a rank of assistant superintendent and above are authorized to give a general situation report verbally to a representative of the press if requested.

(2)A police officer holding a rank of assistant superintendent and above is authorized to verbally give supplementary information about an occurrence which has already been reported to the ServiceHeadquarters, and which has been subsequently released to the Press on behalf of Government except when the information required by the Press refers to an incident of minor character but of local interest which would not normally be reported to Service Headquarters.

(3)Police officers mentioned under sub paragraph (2) ranks may also arrange interviews with the Press and individual police officers who have been concerned in an occurrence.

(4)Interviews under paragraph (3) shall take place in the presence of a police officer of a rank of Assistant Superintendent or above and the names of individual police may be given when this is considered desirable.

(5)Background information, including biographies of criminals,the history and dispositions of criminal gangs shall not be given unless disclosed by Service Headquarters.

(6)Information to the Press as provided above shall be given only to representatives of newspapers published in Kenya or to accredited representative of overseas papers who are in possession of Press Cards issued by The Media Council Of KenyaMedia access to information83. (1) The media may access information from the Service, to facilitate this –

(a)news media representatives may have access to members of the Service who shall in turn cooperate with and assist media personnel in an objective, impartial and courteous manner without jeopardizing investigations or infringing upon the privacy rights of the citizens;

(b)the decision to release information or participate in interviews shall be made according to the facts of the case; and

(c)routine requests for information shall be coordinated through the Public Information Officer and all inquiries from the news media pertaining to management responsibilities, shall be referred to the Inspector General’’s Office via the Public Information Officer.

(2)Media representatives may photograph and report anything they observe when legally present at an incident scene, however, where publication of such coverage would interfere with an official investigation or place a victim, suspect, or others in jeopardy, officers shall advise the media representatives or their superior of the possible consequences of publication but may not interfere with the media's activities as long as such activities remain lawful.

(3)News media representatives shall interview persons in police custody.

(4)A police officer shall not release information to the media regarding ongoing criminal investigations without prior notification and approval from the Public Information Officer.

(5)Any complaints of being denied information may be referred to the Officer-in-Charge of an incident scene, the field supervisor, or the Public Information Officer.Duties of the public information officer84. (1) The duties of a Public Information Officer include—

(a)assisting news personnel in covering routine news stories, at the scenes of incidents;

(b)assisting the media on an on-call basis;

(c)to prepare and distribute news releases;

(d)to arrange for, and assist at news conferences;

(e)coordinate and authorize the release of information about victims, witnesses and suspects;

(f)assisting in crisis situations within the Service; and

(g)coordinate the release of authorized information concerning confidential Service investigations and operations.

Cooperation with the media85. (1) Authorized news media representatives shall have reasonable access to the Public Information Officer, the Service’s Chief Executive or his designee and operations of the Service as governed by these standing orders.

(2)Where a media representative is denied certain information, the basis for that denial shall be fully and courteously explained.

(a)the Service shall recognize authorized identification from local, national and international news organizations; however, failure to produce authorized identification by

media personnel may form grounds for restricting access to requested information or to incident scenes.

(b)public information shall be released to the media as promptly as circumstances allow, and in an objective manner.

(c)public information may be provided to media representatives by telephone if the identity of the representative is known or can be authenticated.

(d)ranking officers at a crime or incident scene may release information of a factual nature to the media as governed by this orders or refer the inquiry to the public information officer,.

(e)written press statements shall only be released after the approval of service’s chief executive or his designee.

(f)the service’s communications center shall inform the duty officer, guard commander of duty non commissioned officers or watch commander as soon as possible about events or activities that may have media interest.

(g)the watch commander shall be responsible for ensuring that the service’s public information officer, is informed of events that may have media interest.

Investigative Information86. (1) Police personnel shall refer all requests for investigative information to the Public Information Officer, Inspector General, his deputies or his designee.

(2)Information that may be released in connection with an investigation of an event or crime includes-

(a)the type or nature of an event or crime;

(b)the location, date and time, damages and a general description of how the incident occurred;

(c)the type and quantity of property taken;

(d)the identity and approximate address of a victim with the exception of sex crime victims, and in other cases where reprisals or intimidation may be employed;

(e)requests for aid in locating evidence, a complainant or suspect;

(f)number of officers or people involved in an event or investigation, and the length of the investigation; and

(g)the name of the Officer-in-Charge of a case, his supervisor and Sub-County or unit assignment except: the name of any undercover officer

(3)Information that may not be released in connection with an investigation of an event or crime, unless authorized by the departmental chief or his designee, includes-

(a)the identity of a suspect prior to arrest unless such information would aid in apprehending the suspect or serve to warn the public of potential danger;

(b)the identity of any victim of a sex crime or any related information which, if divulged, could lead to the victim’s identity;

(c)the identity of any victim or witnesses if such disclosure would prejudice an investigation to any significant degree, or if it would place the victim in personal danger;

(d)the identity of any juvenile who is a suspect or defendant in a case subject to the jurisdiction of the juvenile court;

(e)the identity of any critically injured or deceased person prior to notification of next of kin;

(f)the result of any investigative procedure such as lineups, polygraph tests, fingerprint comparison, ballistics test or other procedures;

(g)information which, if prematurely released, may interfere with the investigation or apprehension of the perpetrator;

(h)information that may evidentiary be of value in criminal proceedings;

(i)specific cause of death unless officially determined by the medical examiner; and

(j)the home address or telephone number of any member of the Service.

Arrest Information87. (1) Following arrest, issuance of an arrest warrant or filing of any information or indictment, it is permissible to release –

(a)the accused’s name, age, residence, occupation and family status;

(b)the time and place of arrest, whether pursuit or resistance was encountered, whether weapons were used, charges placed against the suspect and description of contraband seized;

(c)the identity of the arresting officers and the duration of the investigation unless the officers are engaged in undercover operations; and

(d)the amount of bond, scheduled court dates and place of the suspect’s detention.

(2)Information that shall not be released without express permission of the Inspector General following arrest and formal charging of a suspect, but prior to adjudication includes –

(a)prior criminal conviction record, character or reputation of a defendant;

(b)existence or contents of any confession, admission or statement of a defendant, or his failure or unwillingness to make a statement;

(c)performance or results of any tests, or a defendant’s refusal or failure to submit to tests;

(d)identity, statement or expected testimony of any witness or victim;

(e)any opinion about the guilt or innocence of a defendant or the merits of the case; and

(f)Any opinion or knowledge of the potential for a plea bargain or other pretrial action.

Special consideration in criminal matters88. Special considerations with regard to criminal matters shall include-

(a)according every reasonable courtesy to news media representatives by Service personnel at crime scenes which may include closer access of personnel and equipment provided it does not interfere with the police mission or the movement of traffic;

(b)barring media access to a scene if there is a possibility that evidence may be damaged, altered, destroyed or otherwise prejudiced by its existence being published or portrayed and

only allow access once the evidence has been processed, removed and secured by the Service;

(c)obtain the owner’s, or his representative’s consent before photographing, filming or video recording on private property;

(d)not to pose suspects or accused persons in custody or arrange for photographs, telecasts or interviews, further, Service personnel shall not pose with suspects or accused persons in custody;

(e)not to release to the media Service photographs, mug shots, videotape, film or composites of subjects in custody unless authorized by the Service chief executive or designee;

(f)ensure that at the scene of major crimes, a preliminary press area is designated as early as possible and as close to the scene as safety and operational requirements allow; and

(g)the fact that a suicide or suspected suicide has occurred may be reported to the media, along with factual information describing how it happened and details of the perpetrator, the fact that a suicide note exists may also be acknowledged but the content of such notes is confidential and shall not be released except as provided by law.

Special considerations in non criminal matters89. Special considerations that shall be accorded to non-criminal matters include—

(a)upholding of the principles of media cooperation to the degree that they do not interfere with the mission of the police, fire, medical or other emergency relief workers at the scene of significant accidents, man-made or natural catastrophes;

(b)media access to and movement within the fire lines controlled by the fire Officer-in-Charge, and the ranking police officer at the scene shall establish an observation point from which the media may photograph and observe the incident further, an inner perimeter may be established for the media from which they may record the event;

(c)not to bar news media representatives from accessing any area solely because of the possibility of their injury or death, however, the media representative shall be advised of the possible danger and allowed to make the decision to act on his own volition;

(d)not to release sensitive information relating to internal investigation of police officers shall not be without the express permission of the Inspector-General;

(e)availing to media representatives daily reports of criminal activity and statistical reports on a routine basis;

(f)protect from the media information whose release may-

(i)interfere with law enforcement proceedings including pending investigations;

(ii)deprive a person of the right to a fair trial or an impartial adjudication, or give one party to a controversy and unfair advantage by exclusive access to such information;

(iii)constitute an unwarranted invasion of the personal privacy rights of another;

(iv)reveal the identity of an individual who has furnished information to the departments under confidential circumstances;

(v)disclose investigative techniques and procedures, thereby impairing future effectiveness of the department; or

(vi)endanger the live or physical safety of any person.

Alternative methods to disseminate information90. The Service shall to pursue alternative methods of disseminating information directly to the public including community newsletters, government access cable television shows, web sites, public appearances by agency members and public area bulletin boards,Personal use of social media Order91. This order sets standards that shall be followed when National Police Service employees use social media in a private capacity, especially if they identify themselves as National Police Service employees either directly or as part of a user profile, or if they can be identified as working for the National Police Service via the content of their posting.Public comment and police employment92. (1) Employees shall not, in their capacity as national police employees purport to make any official comment in social media about any incident, police policy or procedure without prior authorization and in accordance with the media policy.

(2)Spokesperson appointed from the office of the Inspector General or respective Service headquarters are responsible for representing the Service externally on matters concerning communities, crimes, or policingPublic comment as a private citizen93. (1) Police officers as public citizens shall have the right to enter into public debates and comment on social, economic or any other issue, however, any comment shall be made strictly as a private citizen and be separate from, and avoid any reference to matters of or employment with the National Police Service.

(2)Members of the Service shall not refer to their position or profession when expressing an opinion or participating in public debate in a private capacity and any comments shall not be seen to represent the National Police Service, Administration Police service, Kenya Police Service, Directorate of Criminal Investigations in part, or to compromise the officers ability to serve the government of the day in a politically neutral manner.

(3)A police officer identifiable as such who posts offensive, racists, tribal, or obscene material on their personal social media site, shall be in breach of this order and shall be subject to a disciplinary procedure.

(4)Members of the Service shall not identify themselves either directly or indirectly on social media site as employees of National Police Service Commission.On-line activity94. (1) Every Police officer shall behave honestly and in a way that upholds the values and the good reputation of the police Service whether on duty or off duty.

(2)In posting to social media sites in a private capacity police officers shall—

(a)be clear it is a personal opinion;

(b)avoid posting material that may bring the Service into disrepute, or otherwise embarrass the government;

(c)avoid posting documents classified as confidential, however, inks or references of documents on official websites or social sites are acceptable and the act is not an offense;

(d)avoid comments on, suggestions or hints at matters that are likely to be currently under investigations;

(e)under no circumstance make offensive comments about National Police Service, Adminstartion Police Service, Kenya Police Service and Directorate of Criminal Investigations as an entity or to individual Service colleagues;

(f)not put to the public any unauthorized or confidential materials including training videos, police notes, and suspect’s interview videos which discloses police methodology to the public; and

(g)remove any material posted on social media if uncertain whether such posting would amount to a breach of the law and seek advice from a senior officer.

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History of this document

02 June 2008

Repealed by Labour Institutions Act

07 April 1951 this version

Commenced

Cited documents 0

Documents citing this one 1

Act 1

1.	Labour Institutions Act	225 citations

Subsidiary legislation

Title		Date
The Regulation of Wages (Agricultural Industry) Order, 1982	Legal Notice 121 of 1982	31 December 2022
The Regulation of Wages (General) Order, 1982	Legal Notice 120 of 1982	31 December 2022

Regulation of Wages and Conditions of Employment Act

Cap. 229

Related documents

LAWS OF KENYA

REGULATION OF WAGES AND CONDITIONS OF EMPLOYMENT ACT

CAP. 229

APPENDIX 14(e)-PART 1

SCALE OF ISSUE OF ARMS-ADMINISTRATION POLICE

APPENDIX 14(e)-PART II

ADMINISTRATION POLICE TRAINING AMMUNITIONS TRAINING AMMUNITION

APPENDIX 14(e) —PART III

ADMINISTRATION POLICE SCALE OF ISSUE OF AMMUNITION ROUNDS PER WEAPON HELD

CHAPTER 15— ARREST AND DETENTION RULES/PRISONERS AND ACCUSED PERSONS

9. The following factors shall be considered in relation to bail—

APPENDIX 15 (a)— INSTANCES IN WHICH FINGERPRINTS SHOULD BE TAKEN AND THE TAKING IN TO CONSIDERATION OF OUTSTANDING CHARGE

Chapter 16 —BOMB THREATS AND TERRORISM

Chapter 17 —CHANGE OF COMMAND

Part I

Part II

APPENDIX 17(a)—NATIONAL POLICE SERVICE HANDING AND TAKING OVER CERTIFICATE COUNTY/FORMATION /SUB-COUNTY/STATION

FORM 17 A

APPENDIX 17 (b)—NATIONAL POLICE SERVICE HANDING OVER NOTESOF..........................................COUNTY/FORMATION/SUB-COUNTY/STATION BY...............................TO...................................ON...................................

Chapter 18 —CHAPLAINCY

Chapter 19 - CIVILIAN FIREARMS CONTROL

APPENDIX 19(a)− DUTIES OF SUB COUNTY AND STATION COMMANDERS

APPENDIX 19(b)− NOTES FOR RECOMMENDING THE GRANT OF FIREARMS

CERTIFICATES OR THE REFUSAL OF A CERTIFICATE

Chapter 20 - COMMUNITY POLICING

Chapter 21 -COMPLAINT PROCEDURE

Chapter 22 - CONDUCT OF INTERVIEWS OF CRIME VICTIMS, SUSPECTS AND WITNESSES

Chapter 23— CONTROL OF TRAFFIC AND ERECTION OF BARRIERS

APPENDIX 23−SPEED CHECKS-PROCEDURE

Chapter 24 —POLICE COMMUNICATION

History of this document

02 June 2008

07 April 1951 this version

Cited documents 0

Documents citing this one 1

Act 1

Subsidiary legislation

Regulation of Wages and Conditions of Employment Act

Cap. 229

Related documents

LAWS OF KENYA

REGULATION OF WAGES AND CONDITIONS OF EMPLOYMENT ACT

CAP. 229

APPENDIX 14(e)-PART 1

SCALE OF ISSUE OF ARMS-ADMINISTRATION POLICE

APPENDIX 14(e)-PART II

ADMINISTRATION POLICE TRAINING AMMUNITIONS TRAINING AMMUNITION

APPENDIX 14(e) —PART III

ADMINISTRATION POLICE SCALE OF ISSUE OF AMMUNITION ROUNDS PER WEAPON HELD

CHAPTER 15— ARREST AND DETENTION RULES/PRISONERS AND ACCUSED PERSONS

9. The following factors shall be considered in relation to bail—

APPENDIX 15 (a)— INSTANCES IN WHICH FINGERPRINTS SHOULD BE TAKEN AND THE TAKING IN TO CONSIDERATION OF OUTSTANDING CHARGE

Chapter 16 —BOMB THREATS AND TERRORISM

Chapter 17 —CHANGE OF COMMAND

Part I

Part II

APPENDIX 17(a)—NATIONAL POLICE SERVICE HANDING AND TAKING OVER CERTIFICATE COUNTY/FORMATION /SUB-COUNTY/STATION

FORM 17 A

APPENDIX 17 (b)—NATIONAL POLICE SERVICE HANDING OVER NOTESOF..........................................COUNTY/FORMATION/SUB-COUNTY/STATION BY...............................TO...................................ON...................................

Chapter 18 —CHAPLAINCY

Chapter 19 - CIVILIAN FIREARMS CONTROL

APPENDIX 19(a)− DUTIES OF SUB COUNTY AND STATION COMMANDERS

APPENDIX 19(b)− NOTES FOR RECOMMENDING THE GRANT OF FIREARMS

CERTIFICATES OR THE REFUSAL OF A CERTIFICATE

Chapter 20 - COMMUNITY POLICING

Chapter 21 -COMPLAINT PROCEDURE

Chapter 22 - CONDUCT OF INTERVIEWS OF CRIME VICTIMS, SUSPECTS AND WITNESSES

Chapter 23— CONTROL OF TRAFFIC AND ERECTION OF BARRIERS

APPENDIX 23−SPEED CHECKS-PROCEDURE

Chapter 24 —POLICE COMMUNICATION

History of this document

02 June 2008

07 April 1951 this version

Related documents

Is repealed by

Cited documents 0

Documents citing this one 1

Act 1

Subsidiary legislation