Article 245 of The Constitution of Kenya: Command of the National Police Service.
245. (1) There is established the office of the Inspector-General of the National Police Service.
(2) The Inspector-General—
(a) is appointed by the President with the approval of Parliament; and
(b) shall exercise independent command over the National Police Service, and perform any other functions prescribed by national legislation.
(3) The Kenya Police Service and the Administration Police Service shall each be headed by a Deputy Inspector-General appointed by the President in accordance with the recommendation of the National Police Service Commission.
(4) The Cabinet secretary responsible for police services may lawfully give a direction to the Inspector-General with respect to any matter of policy for the National Police Service, but no person may give a direction to the Inspector-General with respect to—
(a) the investigation of any particular offence or offences;
(b) the enforcement of the law against any particular person or persons; or
(c) the employment, assignment, promotion, suspension or dismissal of any member of the National Police Service.
(5) Any direction given to the Inspector-General by the Cabinet secretary responsible for police services under clause (4), or any direction given to the Inspector-General by the Director of Public Prosecutions under Article 157(4), shall be in writing.
(6) The Inspector-General shall be appointed for a single four-year term, and is not eligible for re-appointment.
(7) The Inspector-General may be removed from office by the President only on the grounds of—
(a) serious violation of this Constitution or any other law, including a contravention of Chapter Six;
(b) gross misconduct whether in the performance of the office holder’s functions or otherwise;
(c) physical or mental incapacity to perform the functions of office;
(d) incompetence; (e) bankruptcy; or
(f) any other just cause.
(8) Parliament shall enact legislation to give full effect to this Article.
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- Article 246 - National Police Service Commission.
(1) There is established the National Police Service Commission.
(2) The Commission consists of—
(a) the following persons, each appointed by the President—
(i) a person who is qualified to be...
- Article 247 - Other police services.
Parliament may enact legislation establishing other police services under the supervision of the National Police Service and the command of the Inspector General of the Service.
- Article 248 - Application of Chapter.
1) This Chapter applies to the commissions specified in clause (2) and theindependent offices specified in clause (3), except to the extent that this Constitution provides otherwise.
(2) The...
- Article 249 - Objects, authority and funding of commissions and independent offices.
(1) The objects of the commissions and the independent offices are to—
(a) protect the sovereignty of the people;
(b) secure the observance by all State organs of democratic values and...
- Article 250 - Composition, appointment and terms of office.
(1) Each commission shall consist of at least three, but not more than nine, members.
(2) The chairperson and each member of a commission, and the holder of anindependent office, shall...
- Article 251 - Removal from office.
(1) A member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only for—
(a) serious violation of this Constitution or any other...
- Article 252 - General functions and powers.
1) Each commission, and each holder of an independent office—
(a) may conduct investigations on its own initiative or on a complaint made by a member of the public;
(b) has the powers necessary for...
- Article 253 - Incorporation of commissions and independent offices.
Each commission and each independent office—
(a) is a body corporate with perpetual succession and a seal; and (b) is capable of suing and being sued in its corporate name.
- Article 254 - Reporting by commissions and independent offices.
1) As soon as practicable after the end of each financial year, eachcommission, and each holder of an independent office, shall submit a report to the President and to Parliament.
(2) At any time,...
- Article 255 - Amendment of this Constitution.
(1) A proposed amendment to this Constitution shall be enacted in accordance with Article 256 or 257, and approved in accordance with clause (2) by a referendum, if the amendment relates to any of...
- Article 256 - Amendment by parliamentary initiative.
(1) A Bill to amend this Constitution—
(a) may be introduced in either House of Parliament;
(b) may not address any other matter apart from consequential amendments to legislation arising from the...
- Article 257 - Amendment by popular initiative.
1) An amendment to this Constitution may be proposed by a popular initiative signed by at least one million registered voters.
(2) A popular initiative for an amendment to this Constitution may be...
- Article 258 - Enforcement of this Constitution.
1) Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention.
(2) In addition to a person acting in their...
- Article 259 - Construing this Constitution.
(1) This Constitution shall be interpreted in a manner that— (a) promotes its purposes, values and principles;
(b) advances the rule of law, and the human rights and fundamental freedoms in the...
- Article 260 - Interpretation.
In this Constitution, unless the context requires otherwise— "adult" means an individual who has attained the age of eighteen years;
"affirmative action" includes any measure designed to overcome or...
- Article 261 - Consequential legislation.
(1) Parliament shall enact any legislation required by this Constitution to be enacted to govern a particular matter within the period specified in the Fifth Schedule, commencing on the effective...
- Article 262 - Transitional and consequential provisions.
The transitional and consequential provisions set out in the Sixth Schedule shall take effect on the effective date.
- Article 263 - Effective Date.
This Constitution shall come into force on its promulgation by the President or on the expiry of a period of fourteen days from the date of the publication in the Gazette of the final result of the...
- Article 264 - Repeal of previous Constitution.
Subject to the Sixth Schedule, for the avoidance of doubt, the Constitution in force immediately before the effective date shall stand repealed on the effective date.