GAZETTE NOTICE NO. 114

IN EXERCISE of the powers conferred by section 41(8) of the National Police Service Act, 2011, the Chairperson of the Council of Governors in consultation with Cabinet Secretary issues the following Guidelines: NATIONAL POLICE SERVICE GUIDELINES ON THE RECRUITMENT AND REMOVAL OF THE MEMBERS OF THE COUNTY POLICING AUTHORITY, 2014 1. These Guidelines may be cited as the National Police Service Guidelines on the Recruitment and Removal of the members of the County Policing Authority, 2014. 2. In these Regulations, unless the context otherwise requires— ―Act‖ means the National Police Service Act, 2011; ―Authority‖ means the County Policing Authority established under section 41(1) of the Act; ―Cabinet Secretary‖ means the Cabinet Secretary for the time being responsible for matters relating to the Service. 3. These Guidelines provides for the procedure on nomination, appointment, removal from office, vacancy of office and filling of vacancy of members of the Authority. 4. (1) Within fourteen days upon the coming into operation of this Guidelines or on the occurrence of a vacancy, each Governor shall through their respective county public service board write to the head of the respective organizations specified under section 41 (1) (b) (c) (d) and (e) requiring the names of the person to be appointed as the ex- officio members of the Authority. 9th January, 2015 THE KENYA GAZETTE (2) Without prejudice to the generality of the provisions of paragraph (1), the Governor and the county public service board shall write to— (a) the Director-General, National Intelligence Service to nominate a representative; (b) the Inspector–General to nominate the head of the Kenya Police Service, the head of the Administration Police Service and the head Directorate of Criminal Investigation; (c) the Clerk , County Assembly to nominate a representative; and (d) the chairperson of the County Security Committee. 5. The members of Authority specified under section 41 (1) (f) shall subject to the provisions of section 41 (2), (3) (4) and (5) be competitively recruited in collaboration with the respective county public service board in the manner provided under these Guidelines. 6. (1) The county public service board shall, within fourteen days on the coming into operation of these Guidelines or on the occurrence of a vacancy, advertise in at least one national or county newspaper of wide circulation within the county, requesting for qualified persons to be nominated from the organizations listed under section 41 (1) (f). (2) The county public service board shall, within fourteen days of receipt of the application under paragraph (1)— (a) shortlist qualified persons; (b) interview; and (c) submit a list of qualified persons to the Governor for appointment. (3) In considering the nominees identified by the organizations specified under section 41 (1) (f), the county public service board shall require the organizations to produce— (a) signed minutes as evidence of an accountable process of nomination; (b) evidence of compliance with any statutory obligations; and (c) vetting form to establish that the nominee has complied with the prescribed criteria for appointment. (4) The Governor shall, where he approves the names submitted to him by county public service board under paragraph (2), within two days of receipt of the names of the successful applicants, forward the names of the successful persons to the County Security Committee and subsequent thereto, the county assembly for approval , in accordance with the provisions of section 41(3). (5) The county assembly shall, within seven days of the day it next sits after receipt of the names of the applicants under paragraph (4), vet and consider all the applicants, and may approve or reject any or all of them. (6) Where the county assembly approves the applicants, the Speaker of the county assembly shall forward the names of the approved nominees to the Governor for appointment. (7) The Governor shall, within seven days of receipt of the approved nominees from the county assembly, by notice in the Gazette, appoint the members under section 41 (f). (8) Where the county assembly rejects any nomination, the Speaker of the county assembly shall within three days communicate its decision to the Governor and request the Governor to submit fresh nominations. (9) Where a nominee is rejected by the county assembly under paragraph (8), the Governor shall within seven days, submit to the county assembly a fresh nomination from amongst the persons shortlisted and forwarded by the county public service board under paragraph (2). (10) If the county assembly rejects any or all of the subsequent nominees submitted by the Governor for approval the provisions of paragraphs (1) to (4) shall apply. (11) In the appointment of the members of the Authority referred to in section 41(1)(f), the Governor and county public service board shall uphold the principles and values in the Constitution and the provisions of section 41 (4) and 41 (5) of the Act. 7. (1) a person is qualified for appointment as member of the Authority under section 41 (1)(f) if that person— (a) is a citizen of Kenya; (b) satisfies the requirements of Chapter Six of the Constitution; (c) is a resident, conducts business or is employed in the county for a continuous period of not less than three years; (2) A person shall not be qualified for appointment as a member of the Authority under section 41 (1) (f), if that person— (a) is an undischarged bankrupt; (b) has been removed from office for contravening the Constitution or any other law; (c) is not a citizen of Kenya; or (d) has in the conduct of his or her affairs not met any statutory obligation; 8. The Chairperson and members of the Authority shall on being gazette subscribe to an oath of set out in the Schedule. 9. (1) The office of a member of the Authority shall become vacant if the holder— (a) dies; (b) resigns from office by a notice in writing addressed to the chairperson; or (c) is removed from office in accordance with these Regulations . (2) Where a vacancy occurs in the membership of the Authority, the Governor shall appoint a replacement in accordance with guideline 5 or 6. 10. A member of the Authority appointed pursuant to these Guidelines, may be removed from office for— (a) inability to perform the functions of office arising from mental or physical incapacity; (b) violation of the Constitution; (c) bankruptcy; (d) incompetence; (e) convicted of a felony and sentenced to imprisonment for a term exceeding six months; (f) gross misconduct or misbehavior; or (g) any other justifiable cause or upon an order of a court of competent jurisdiction. 11. (1) A person desiring the removal of a member of the Authority, other than the chairperson, on any of the grounds specified in guideline 10 may present a petition to the Governor setting out the alleged facts constituting that ground. (2) The Governor shall, subject to Article 47 of the Constitution, consider the petition, and, if he is satisfied that it discloses a ground under guideline 10 — (a) investigate the matter expeditiously; (b) consider the facts or any evidence arising out of the investigation under paragraph (a). (3) Where the Governor is satisfied that the allegation is based on facts, he shall exercise his powers to remove him from the membership of Authority. (4) If the Governor finds that the allegation made is frivolous and has no merit he shall dismiss the allegation and inform the member his grounds of dismissal. (5) Where the member is dissatisfied with the decision of the Governor he may apply for review of the decision by the Cabinet Secretary. THE KENYA GAZETTE 9th January, 2015 36 36 (6) On receipt of the request for review under paragraph (5), the Cabinet Secretary shall notify the member in writing of the petition to remove him and shall provide the member with an adequate opportunity to defend himself. (7) The Cabinet Secretary may vary or affirm the decision of the Governor and shall notify the Governor and member of his decision in writing. (8) Where the member is removed from the membership of the Authority under this guideline the vacancy shall be filled in the manner set out in these Guidelines. SCHEDULE (g.8) Oath of office I …………………………………………………..having been appointed been appointed ( the Chairperson/Vice Chairperson/ a member) of the Authority, do solemnly (swear/declare and affirm) that I will at all times obey, respect and uphold the constitution of Kenya and all other laws of the Republic; that I will faithfully and fully, impartially and to best of my ability, discharge that trust and perform the function and exercise the powers devolving upon me by virtue of this appointment without fear, favour, bias, affection, ill-will or prejudice. (SO HELP ME GOD). Sworn/declared by the said ………………….............………………. Before me this ………………………. day of ………………………… REGISTRAR OF THE HIGH COURT. (In the presence of the Governor). ISAAC RUTO, Chairman, Council of Governors.