Ask a lawyer:
can an army man arrest a police officer?

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Introduction
The Constitution of Kenya, 2010
The National Police Service Act, 2011
The Kenya Defence Forces Act, 2012
Conclusion

Introduction

This response will address the question of whether an army man can arrest a police officer in Kenya. It will delve into the relevant legal frameworks, including the Constitution of Kenya, 2010, the National Police Service Act, 2011, and the Kenya Defence Forces Act, 2012, to provide a comprehensive understanding of the legal parameters governing such a scenario.

The Constitution of Kenya, 2010

The Constitution of Kenya, 2010, is the supreme law of the land and establishes the framework for the governance of Kenya. It outlines the powers and functions of various state organs, including the security forces.

Article 240: This article establishes the National Police Service as a civilian body under the command of the Inspector General of the National Police Service. It emphasizes the civilian nature of the police force and its accountability to the civilian government.
Article 241: This article outlines the powers and functions of the National Police Service, including the power to arrest and detain individuals. It emphasizes the police's role in maintaining law and order and ensuring the safety and security of citizens.
Article 242: This article establishes the Kenya Defence Forces (KDF) as a professional force responsible for the defence of Kenya. It emphasizes the KDF's role in protecting the country from external aggression and ensuring national security.

The National Police Service Act, 2011

The National Police Service Act, 2011, provides the legal framework for the operation and administration of the National Police Service. It outlines the powers and functions of the police, including the power to arrest and detain individuals.

Section 3: This section defines the National Police Service as a civilian body under the command of the Inspector General of the National Police Service. It emphasizes the civilian nature of the police force and its accountability to the civilian government.
Section 10: This section outlines the powers and functions of the National Police Service, including the power to arrest and detain individuals. It emphasizes the police's role in maintaining law and order and ensuring the safety and security of citizens.
Section 11: This section outlines the circumstances under which a police officer can arrest an individual, including when the officer has reasonable grounds to believe that the individual has committed an offense.

The Kenya Defence Forces Act, 2012

The Kenya Defence Forces Act, 2012, provides the legal framework for the operation and administration of the Kenya Defence Forces. It outlines the powers and functions of the KDF, including its role in national security and defence.

Section 3: This section defines the Kenya Defence Forces as a professional force responsible for the defence of Kenya. It emphasizes the KDF's role in protecting the country from external aggression and ensuring national security.
Section 10: This section outlines the powers and functions of the Kenya Defence Forces, including the power to arrest and detain individuals in specific circumstances, such as during a state of emergency or when acting in support of the police.

Conclusion

Based on the legal framework outlined above, it is clear that the Kenya Defence Forces (KDF) does not have the general power to arrest police officers. The National Police Service is a civilian body under the command of the Inspector General of the National Police Service, and the KDF's primary role is national defence. However, in specific circumstances, such as during a state of emergency or when acting in support of the police, the KDF may have the power to arrest individuals, including police officers. It is important to note that any such arrest must be conducted in accordance with the law and with due regard for the rights of the individual being arrested.