The National Police Service (Amendment) Bill, 2025.

SPECIALISSUE

Kenya Gazette Supplement No.142 (National Assembly Bills No.39)

REPUBLICOFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONAL ASSEMBLY BILLS,2025

NAIROBI,12thAugust,2025

CONTENT

Bill for Introduction into theNational Assembly-

The National Police Service(Amendment) Bill,2025

NATIONAL ASSEMBLY RECEIVED

20 AUG2025

DIRECTOR LEGAL SERVICES P.O.B041842-00100,NAIROBI

PAGE

897

THE NATIONAL POLICESERVICE (AMENDMENT)BILL,2025

ABill for

AN ACT of Parliament to amend the National Police Service Act

ENACTED by theParliamentofKenya,asfollows-

• 1.This Act may be cited as the National Police
• Service(Amendment) Act,2025.
• 2.Section 9 of the National Police Service Act (hereinafter referred to as "the principal Act") is amended therefor the expression "11A and 12"
• 3.The principal Act is amended by deleting section 11 and substituting therefor the followingnew section-

Qualification and disqualification for appointment as Inspector-General.

• 11.(1)Apersonisqualifiedfor appointment as Inspector-General if the person-
• (a)is a citizen of Kenya;
• (b) holds a degree from a university
• recognized in Kenya;
• (c) has had a distinguished career in their
• respective fields;
• (d) meets the requirements of Chapter Six ofthe Constitution;
• (e) has served in a senior management position for at least fifteen years and has knowledge and experience in mattersrelatingtoany ofthe following disciplines-
• (i
• criminal justice;
• policy development and implementation;
• ( finance and
• public administration;
• (iv) strategic management;

Short title.

Amendment of section lI of Cap.

84.

• (v) security;
• (vi)law;
• (vii) sociology; or
• (vii) Government.
• (2)Apersonisdisqualifiedfrom appointment as Inspector-General if the person-
• (a) is a member of Parliament or a county
• assembly,a Governor or Deputy Governor;
• (b) has served as a member of Parliament, county assembly,trade union or an office in a political party in Kenya in the preceding five years;
• (c)has previously been convicted ofa criminal offence;
• (d)has violated the Constitution;
• (e) is an undischarged bankrupt;or
• (fhasatthe timeofappointment attained the age of sixty years.
• 4.The principal Act is amended by inserting the
• following new section immediately after sections 11

Appointment of Deputy InspectorGeneral.

• 11A.(l)Whenever a vacancy arises in the Office of the Deputy Inspector-General,the President shall on the recommendation of the Commission within fourteen days from the date the vacancy arises appoint a suitably qualified person to serve as Deputy Inspector-General.
• (2) The Deputy Inspector-General shall be appointed for one term of fiveyears and shall notbe eligible for reappointment to the
• same position.
• (3) The Deputy Inspector-General may be removed before the expiry of the term subject to the provisions of section 17.

Insertion of a new section in Cap.84.

Qualification and disqualification Deputy Inspector-

for appointment as General.

• 11B.(1)Aperson isqualified for appointment as Deputy Inspector-General if the person-
• (a) is a Kenyan citizen;
• (b) holds a degree from a university recognized in Kenya or equivalent
• qualifications;
• (c) has had a distinguished career in their respective fields;
• (d)meets the requirements of Chapter Six of the Constitution;
• (e) has served the Police Service for at
• least fifteen years and has knowledge and experience in matters relating to any of the following disciplines-
• criminal justice;
• policy development pue
• (i) implementation;
• finance and public administration;
• (iv)
• strategic management;
• (v) security;
• (vi) law;
• (vii)
• sociology;
• (viii) Government;or
• (ix) policy development
• and implementation;
• (f) is a serving police officer of or above therankofAssistantInspectorGeneral;
• (2)Apersonisdisqualifiedfrom
• appointment as Deputy Inspector-General if the person-
• (a) is a member of Parliament or a county assembly,a Governor or Deputy Governor,

• (b) has served as a member of Parliament, county assembly,trade union or an office in a political party in Kenya in the preceding five years;
• (c)has previously been convicted ofa criminal offence;
• (d) has violated the Constitution;
• (e) is an undischarged bankrupt;or
• (f) has at the time of appointment
• attained the age of sixty years.
• 5.The principal Act is amended by deleting section 13.

Deletionof section 13ofCap. 84.

Amendment of section20of Cap. 84.

• 6.Section 20 of the principal act is amended in subsection(2) by deleting the expression"12 and 13"and substituting therefor the expression "1lA and 12".

MEMORANDUM OFOBJECTSANDREASONS

Statement of Objects and Reasons

The principal object of the Bill is to amend the National Police Service Act,Cap. 84 to provide for an age limit of sixty years for persons nominated and appointed to theofficesof lnspector-General andDeputy Inspector-General of Police.The Bill also seeksto include a term limit for Deputy Inspectors-General,noting that they are exempted from the mandatory retirement age of sixty years. The Bill seeks to ensure that persons appointed to the offices have the ability to handle demanding situationswithin the police service and to help balance between the need to retain experienced leadership and allow for succession planning within

the Service.

Clause 2 provides for the amendment of section 1l of the National Police Service Act to alignwith the proposed amendment inserting a new sectionllA.

Clause3providesfor the amendment of section 11 of the National PoliceService Act toprovide for the qualification and disqualificationfor appointment as Inspector-General and to disqualify from appointment persons who have attained the age of sixty years at the time of appointment.

Clause 4provides for the insertion ofnew sections 1lA and 1iB in

the National Police Service Act to provide for the appointment of the Deputy Inspector-General,include a one term limit of five years for Deputy Inspectors-General as well as toprovide for the qualification and disqualification for appointment as Deputy Inspector-General and to disqualify from appointment persons who have attained the age of sixty years at the time of appointment.

Clause 5 provides for deletion of section 13 of the National Police Service Act on appointment of the Deputy Inspector General which is proposed to be provided for under the proposed section 11A.

Clause 6providesfor the amendment of section 20 of theNational PoliceService Act toalignwith theproposed amendmentinserting a new

section llA.

fundamental rights and freedoms.

The Bill doesnot delegate legislative powers to the Cabinet Secretary and doesnot limit any fundamental rights and fundamental freedoms.

Statement on whether the Bill concerns County Governments

Police services is a function of the National Government under Section 7of Part 1 of the Fourth Schedule to the Constitution. Therefore, the Bill does not concern county governments in terms of Article 110(1)(a)ofthe Constitution.

Statement on whether the Bill is a money Bill within the meaning of Article 114 of the Constitution

The enactment of this Bill will not occasion additional expenditure of

publicfunds.

Dated the 7th August,2025.

OKUKAUNYA,

Member ofParliament.

Section9of Cap.84which it is proposed toamend

9. Appointment of Inspector-General and Deputy Inspectors-General

The Inspector-General, the Deputy Inspector-General in charge of

Kenya Police Service and the Deputy Inspector-General in charge of AdministrationPolice Service,shall be appointed to officein accordance withArticle 245of the Constitution and sections12 and 13of this Act.

Section 11 of Cap.84which it isproposed toamend

11. Qualification for appointment of Inspector-General and Deputy Inspector-General

• (1) A person shall be qualified for appointment as Inspector-General if such person-

3. (a) is a citizen of Kenya; 4. (b) holds a degree from a university recognized in Kenya; 5. (c)has had a distinguished career in their respective fields; 6. (d) meets the requirements of Chapter Six of the Constitution; 7. (e)has served in a senior management position for at least fifteen anyof the following disciplines- 8. criminal justice; 9. (i) policy development and implementation; 10. finance and public administration; 11. (iv) strategic management; 12. (v) 13. security, 14. (vi) law; 15. (vii) sociology; or 16. (viii) Government.

• (2) A person is qualified for appointment as Deputy Inspector-

18. General if theperson 19. (a)is a Kenyan citizen; 20. (b) holds a degree from a university recognized in. Kenya or equivalent qualifications; 21. (c) has had a distinguished career in their respective fields;

• (d) meets the requirements of Chapter Six of the Constitution;
• (e)has served the Police Service for at least fifteen years and has knowledge and experience in matters relating to any of the following disciplines-
• i)
• criminal justice;
• ii) policy development and implementation;
• (ii)
• finance and public administration;
• (iv)
• strategic management;
• (V) security;
• (vi) law;
• (vii) sociology; or
• (viii) Government;
• (ix) policy development and implementation;
• (f) is a serving police officer of or above the rank of Assistant Inspector-General;
• (3) Noperson shall be qualified for appointment as Inspector-General
• or Deputy Inspector-General if the person-
• (a)is a member of Parliament or a county assembly,a Governor or
• Deputy Governor;
• (b) has served as a member of Parliament, county assembly, trade union or an office in a political party in Kenya in the preceding
• five years;
• (c)has previously been convicted of any criminal offence;
• (d) has violated the Constitution; or
• (e) is an undischarged bankrupt

Section 13of Cap.84which it isproposed to delete

13.Appointment of Deputy Inspector-General

Whenever a vacancy arises in the Office of the Deputy Inspector-General the President shall on the recommendation of the Commission within fourteen days from the date the vacancy arises appoint a suitably qualified person to serve as Deputy Inspector-General.

Section20 of Cap.84which it isproposed to amend

• 20.Vacancy and filing ofvacancy