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can an army man arrest a police officer?
Introduction
The question of whether an army man can arrest a police officer in Kenya involves understanding the legal frameworks governing the roles, powers, and interactions of the military and police forces. This requires an examination of the Constitution of Kenya, the National Police Service Act, the Kenya Defence Forces Act, and other relevant legal provisions.
Table of Contents
Legal Frameworks Governing the Military and Police
1.1 Constitution of Kenya
1.2 National Police Service Act
1.3 Kenya Defence Forces Act
Powers of Arrest
2.1 Police Powers of Arrest
2.2 Military Powers of Arrest
Inter-Agency Cooperation and Jurisdiction
3.1 Situations of Joint Operations
3.2 Jurisdictional Boundaries
Conclusion
1. Legal Frameworks Governing the Military and Police
1.1 Constitution of Kenya
The Constitution of Kenya, 2010, is the supreme law of the land and provides the foundational principles for the operation of both the police and military forces.
Article 243 establishes the National Police Service, which includes the Kenya Police Service and the Administration Police Service.
Article 241 establishes the Kenya Defence Forces (KDF), which includes the Kenya Army, Kenya Air Force, and Kenya Navy.
1.2 National Police Service Act
The National Police Service Act, 2011, provides detailed provisions on the functions, powers, and structure of the police service.
Section 24 outlines the general functions of the police, including maintaining law and order, preserving peace, and protecting life and property.
Section 58 provides the police with powers of arrest without a warrant under certain conditions, such as when a person is found committing an offense.
1.3 Kenya Defence Forces Act
The Kenya Defence Forces Act, 2012, governs the operations, duties, and powers of the military.
Section 8 outlines the primary role of the KDF, which is to defend and protect the sovereignty and territorial integrity of Kenya.
Section 31 provides for the circumstances under which the KDF can be deployed internally, such as in aid of civil authorities during emergencies.
2. Powers of Arrest
2.1 Police Powers of Arrest
The police have well-defined powers of arrest under the National Police Service Act and the Criminal Procedure Code.
Section 58 of the National Police Service Act allows police officers to arrest without a warrant any person who commits a cognizable offense in their presence.
Section 29 of the Criminal Procedure Code provides that any police officer may, without an order from a magistrate and without a warrant, arrest any person who has been concerned in any cognizable offense or against whom a reasonable complaint has been made.
2.2 Military Powers of Arrest
The military's powers of arrest are more restricted and are generally confined to military personnel and specific situations.
Section 42 of the Kenya Defence Forces Act allows military police to arrest any person subject to military law who commits an offense under the Act.
Section 31 of the Kenya Defence Forces Act allows the KDF to be deployed internally in aid of civil authorities, but this does not automatically confer powers of arrest over civilians, including police officers.
3. Inter-Agency Cooperation and Jurisdiction
3.1 Situations of Joint Operations
There are situations where the military and police may operate jointly, such as during national emergencies or counter-terrorism operations.
Article 241(3)(b) of the Constitution allows the KDF to assist and cooperate with other authorities in situations of emergency or disaster.
Section 31 of the Kenya Defence Forces Act provides for the deployment of the KDF in aid of civil authorities, which may include joint operations with the police.
3.2 Jurisdictional Boundaries
The jurisdictional boundaries between the police and military are generally clear, with each having distinct roles and powers.
The police are primarily responsible for maintaining law and order within the country.
The military is primarily responsible for defending the country against external threats and can only be deployed internally under specific conditions.
Conclusion
In summary, while the police have broad powers of arrest under the National Police Service Act and the Criminal Procedure Code, the military's powers of arrest are more limited and generally confined to military personnel and specific situations. The military can be deployed internally in aid of civil authorities, but this does not automatically confer powers of arrest over civilians, including police officers. Therefore, under normal circumstances, an army man does not have the authority to arrest a police officer. The legal frameworks governing the roles and powers of the police and military are designed to ensure clear jurisdictional boundaries and effective inter-agency cooperation when necessary.
Sources:
Constitution of Kenya, 2010
National Police Service Act, 2011
Kenya Defence Forces Act, 2012
Criminal Procedure Code, Cap 75
Answered by mwakili.com