Administration Police Act Cap 85 - as Plain Text by MWakili

LAWS OF KENYA The AdminisTrATion Police AcT Chapter 85 Revised Edition 2010 (2003) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org 2 CAP.

85 Administration Police [Rev.

2010 CHAPTER 85 THE ADMINISTRATION POLICE ACT ARRANGEMENT OF SECTIONS Section part IprelImInary 1Short title.

2Interpretation.

part IIestablIshment and admInIstratIon of the forCe 3Establishment of the Force.

4Appointment of administration police.

5Employment of administration police.

6Administration of administration police in districts.

part IIIpowers and dutIes of admInIstratIon polICe offICers 7Area of duty.

8Duties of ofcers.

9Power to lay information or complaint.

10Power to enter premises and to stop vehicles, etc., without warrant.

11Power to stop and detain any person for production of licence, etc.

12Power to erect barriers.

13Powers of arrest without warrant.

14Power to use rearms.

15Custody of unclaimed property.

part IVproteCtIon of offICers 16Non-liability for act done under authority of a warrant.

17(Repealed).

18Assault in execution of duty.

part VdIsCIplIne 19Nature of ofce.

20Penalties for offences by ofcers.

21 (Repealed).

22 23Rules.

part VIGeneral 24Standing orders.

25Expenses.

Administration Police CAP.

85 3 Rev.

2010] Section 26Ofcers appointed under Act 10 of 1929.

SCHEDULES 4 CAP.

85 Administration Police [Rev.

2010 13 of 1958, CHAPTER 85 20 of 1959, 9 of 1962, THE ADMINISTRATION POLICE ACT 9 of 1967, 17 of 1967, Commencement: 20th June, 1958 10 of 1969, L.N.

154/1969, 14 of 1971, An Act of Parliament to make provision for the establishment, discipline, L.N.

177/1978, powers and duties of the administration police, and for matters L.N.

17/1982, incidental thereto 10 of 1983, 10 of 1997, L.N.94/2000.

part IprelImInary Short title.

1.

This Act may be cited as the Administration Police Act.

9 of 1967, Sch.

2.

In this Act unless the context otherwise requires Interpretation.

20 of 1959, s.

2, 9 of 1967, Sch., chief and sub-chief have the meanings respectively 10 of 1969, Sch.

assigned to those expressions by the Chiefs Authority Act; Cap.

128.

Commandant means the Commandant of Administration Police; Force means the Administration Police Force established by section 3; ofcer means an ofcer of the Force.

part IIestablIshment and admInIstratIon of the forCe Establishment of the Force.

3.

(1) There is hereby established a force, to be known as the 9 of 1967, Sch.

Administration Police Force, which shall consist of such number of ofcers as may from time to time be authorized by the President.

(2) The Minister shall be the Commandant of the Force with the title of Commandant of Administration Police.

(3) The Force shall consist of ofcers of the ranks specied in the First Schedule; and the Minister may from time to time, by notice in the Gazette, amend that Schedule.

Appointment of 4.

(1) The District Commissioner of any district or area within administration police.

which the Minister may, by notice in the Gazette, approve the 9 of 1967, Sch.

appointment of administration police may appoint t and proper persons 10 of 1969, Sch.

to be ofcers of the Force within that district or area.

Administration Police CAP.

85 5 Rev.

2010] (2) Every ofcer shall, on being appointed to the Force, make the declaration contained in the Second Schedule.

(3) The declaration shall be made before an administrative ofcer and shall be signed by the ofcer making it.

(4) A certicate of appointment in such form as may be required by the Commandant and signed by the District Commissioner shall be issued by the District Commissioner to every ofcer and shall be evidence of his appointment under this Act.

5.

(1) The Force shall be employed in Kenya for the performance Employment of of the duties hereinafter specied.

administration police.

(2) The President may, in case of war or other emergency, employ the Force or an part thereof in the defence of Kenya: Provided that any part of the Force so employed shall continue to be under the direction of the Commandant.

6.

The District Commissioner of any district within which Administration of the appointment of administration police has been approved shall, administration police except when the provisions of section 5 (2) are applied, administer the in districts.

administration police in his district, subject to the general or special directions of the Provincial Commissioner.

part IIIpowers and dutIes of admInIstratIon polICe offICers Area of duty.

7.

An ofcer shall carry out the duties imposed upon him by this 14 of 1971, Sch.

Act within the district or area in which he is appointed.

8.

Every ofcer shall Duties of ofcers.

(a) when called upon by any chief or sub-chief assist him in the exercise of his lawful duties; (b) obey and execute promptly all orders and warrants lawfully issued to him by any competent authority; (c) preserve the public peace, prevent the commission of offences and apprehend all persons in respect of whom he holds a valid warrant of arrest; (d) undergo such training as may be ordered by the District Commissioner; (e) act as messenger in any matter connected with the 6 CAP.

85 Administration Police [Rev.

2010 administration or the public service.

Power to lay 9.

An ofcer may lay an information or complaint before any information or subordinate court and may make application thereto for a summons, complaint.

warrant or other legal process.

17 of 1967, 1st Sch.

10 of 1983, Sch.

Power to enter 10.

(1) If an ofcer (other than a recruit constable) has reasonable premises and to stop cause to believe vehicles, etc., without warrant.

(a) that anything necessary to the investigation of an alleged 20 of 1959, s.

3.

offence is in any premises and that the delay caused by 10 of 1997, Sch.

obtaining a warrant to enter and search the premises would be likely to imperil the success of the investigation; or (b) that any person in respect of whom a warrant of arrest is in force, or who is reasonably suspected of being guilty of a cognizable offence, is in any premises, he may demand that the person residing in or being in charge of such premises shall allow him free ingress thereto and afford him all reasonable facilities for a search therein, and if, after notication of his authority and purpose, ingress cannot without unreasonable delay be so obtained the ofcer may without warrant enter such premises and search therein, and may, if necessary in order to effect such entry, break open any outer or inner door or window or other part of such premises.

(2) An ofcer may stop, search and detain any vehicle or vessel which he has reasonable cause to suspect is being employed in the commission of, or to facilitate the commission of, an offence.

(3) A person who fails to obey a reasonable signal given by an ofcer in uniform requiring him to stop any vehicle or vessel shall be guilty of an offence and liable to imprisonment for a term not exceeding six months, and an ofcer may arrest that person without warrant unless he gives his name and address and otherwise satises the ofcer that he will duly answer any summons or other proceedings which may issue or be taken against him.

(4) (Repealed by 10 of 1997, Sch).

Power to stop and 11.

(1) An ofcer in uniform may stop and detain any person detain any person for whom he production of licence, etc.

(a) sees doing any act or thing; or Administration Police CAP.

85 7 Rev.

2010] (b) sees in possession of any thing; or (c) suspects of doing any act or thing or of being in possession of any thing, for which a licence, permit, certicate or pass is required under any written law and may require the person to produce the licence, permit, certicate or pass.

(2) A person who fails to produce a licence, permit, certicate or pass when called upon by an ofcer so to do may be arrested without a warrant unless he gives his name and address and otherwise satises the ofcer that he will duly answer any summons or other proceedings which may issue or be taken against him.

12.(1) A District Commissioner or a District Ofcer may, if he Power to erect considers it necessary so to do for the maintenance and preservation of barriers.

law and order or for the prevention or detection of any offence, order 20 of 1959, s.

4, 10 of 1997, Sch.

an ofcer to erect or place barriers in or across any road or street or in any public place.

(2) An ofcer in uniform may take all reasonable steps to prevent any vehicle from being driven past any such barrier, and a driver who fails to comply with any reasonable signal given by an ofcer in uniform requiring him to stop the vehicle before the barrier shall be guilty of an offence and liable to imprisonment for a term not exceeding twelve months or to a ne not exceeding one thousand shillings or to both.

(3) (Repealed by 10 of 1997, Sch.).

13.

An ofcer may without a warrant arrest Powers of arrest without warrant.

(a) a person whom he suspects on reasonable grounds of having 17 of 1967, 1st Sch.

committed a cognizable offence; (b) a person who commits a breach of the peace in his presence; (c) a person who obstructs an ofcer while in the execution of his duty or who has escaped or attempts to escape from lawful custody; (d) a person in whose possession is found anything which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to that thing; 8 CAP.

85 Administration Police [Rev.

2010 (e) a person whom he suspects upon reasonable grounds of being a deserter from the armed forces or the National Youth Service; (f) person whom he nds in any highway, yard or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit a felony; (g) a person having in his possession without lawful excuse the burden of proving which excuse shall lie on the person, any implement of housebreaking; (h) a person for whom he has reasonable cause to believe a warrant of arrest has been issued.

Power to use 14.

An ofcer may use rearms, if and to such extent only as is necessary, against rearms.

(a) any person in lawful custody charged with or convicted of a felony, when that person is escaping or attempting to escape; (b) any person who by force rescues or attempts to rescue any other person from lawful custody; (c) any person who by force prevents or attempts to prevent the lawful arrest of himself or any other person: Provided that resort shall not be had to the use of rearms (i) under paragraph (a), unless the ofcer has reasonable ground to believe that he cannot otherwise prevent the escape, and unless he shall give warning to such person that he is about to use rearms against him and such warning is unheeded; (ii) under paragraph (b) or paragraph (c) unless the ofcer has reasonable ground to believe that he or any other person is in danger of grievous bodily harm or that he cannot otherwise prevent such rescue, or, as the case may be, effect such arrest.

Custody of 15.

Every ofcer shall take charge of all unclaimed property unclaimed property.

handed to him by any person or found by him to be unclaimed and shall deliver that property without delay to the nearest police station.

Administration Police CAP.

85 9 Rev.

2010] part IVproteCtIon of offICers 16.

(1) Where the defence to any suit instituted against an ofcer is Non-liability for act that the act complained of was done in obedience to a warrant purporting done under authority to be issued by a court the court shall, upon production of the warrant, of a warrant.

accept that warrant as prima facie evidence of the due making thereof 10 of 1983, Sch.

and, upon proof that the act complained of was done in obedience to that warrant, enter judgement in favour of such ofcer.

(2) No proof of the signature upon such warrant shall be required unless the court has reason to doubt its genuineness, and, where such signature is proved not to be genuine, the court shall nevertheless enter judgment in favour of the ofcer if it is satised that, at the time of the act complained of, such ofcer believed, on reasonable grounds, that the signature was genuine.

17.

(Repealed by 9 of 1962, s.

2).

18.

Any person who assaults, resists or wilfully obstructs any Assault in execution of duty.

ofcer in the due execution of his duty or any person acting in aid of such ofcer shall be guilty of an offence and liable to imprisonment for a term not exceeding ve years.

part VdIsCIplIne 19.

Every ofcer shall be deemed to be an ofcer in the public service of Kenya and, save as otherwise provided in this Act or in any Nature of ofce.

rules or standing orders made under this Act, shall be subject to the law and regulations from time to time in force relating to the public service.

Penalties for offences 20.

(1) Any ofcer who wilfully disobeys any lawful order or warrant or who is guilty of any act or conduct to the prejudice of by ofcers.

good order or discipline shall be liable to be punished by a District Commissioner or a District Ofcer, or by any public ofcer duly authorized in writing by a Provincial Commissioner, by (a) reprimand; or (b) connement to barracks for a period not exceeding fourteen days, with or without punishment drills, extra guard fatigues or other duties; or (c) ne not exceeding the equivalent of fourteen days pay; or 10 CAP.

85 Administration Police [Rev.

2010 (d) stoppage of salary increments; or (e) reduction in rank; or (f) dismissal from the Force, or by any combination of such punishments: Provided that (i) any sentence by a District Ofcer or public ofcer autho- rized as aforesaid shall be subject to conrmation by a District Commissioner; (ii) any sentence of dismissal from the Force awarded by a District Commissioner shall be subject to conrmation by a Provincial Commissioner; (iii) no District Ofcer or public ofcer authorized as afore- said shall impose the sentence of dismissal.

(2) The ofcer awarding, or, as the case may be, conrming, any punishment inicted upon an administration police ofcer under this section shall enter a record of such punishment, the date thereof and the offence for which it was inicted on the record sheet of such administration police ofcer.

(3) All nes imposed by a District Commissioner, District Ofcer or other public ofcer under this section shall be recoverable by monthly deductions from the pay due and thereafter becoming due to the administration police ofcer.

(4) The amount of such deduction in respect of any ne shall, subject to any general or special direction by a Provincial Commissioner, lie in the discretion of the ofcer imposing the ne, but shall in no case exceed one-third of the monthly salary of the administration police ofcer concerned; and whenever more than one order for deduction from an administration police ofcers salary is in force, so much only of his salary may be deducted as shall leave such ofcer not less than two-thirds of his salary.

21.

(Repealed by 10 of 1969, Sch.).

22.

(Repealed by 10 of 1969, Sch.).

Administration Police CAP.

85 11 Rev.

2010] part VIGeneral 23.

The Minister may make rules for the better carrying into Rules.

effect of the provisions of this Act.

24.

The Commandant may issue standing orders for the general Standing orders.

control, direction and administration of the Force.

25.

The expenditure incurred in carrying out the provisions of Expenses.

this Act shall be defrayed out of moneys provided by Parliament.

9 of 1967, Sch.

26.

Any tribal police ofcer appointed under the Tribal Police Act Ofcers appointed 1929, shall be deemed to have been appointed under this Act.

under Act 10 of 1929.

FIRST SCHEDULE (s.

3) L.N.

17/1982.

ranks L.N.

94/2000.

Commandant, Senior Deputy Commandant, Deputy Commandant, Senior Assistant Commandant, Assistant Commandant, Senior Superintendent, Superintendent, Chief Inspector, Inspector, Senior Sergeant Major, Senior Sergeant, Sergeant, Corporal, Constable, Recruit Constable.

SECOND SCHEDULE (s.

4) declArATion on APPoinTmenT I, A.B., do swear that I will well and truly serve and true allegiance bear to the President and to the Republic according to law; that I will at all times, as thereunto required and authorized by law, do my utmost to preserve the peace and to prevent offences against the same, and that I will to the best of my skill and knowledge discharge all the duties of an administration police ofcer faithfully according to law.

And that during my service in the Force, I will obey all such lawful orders as may be 12 CAP.

85 Administration Police [Rev.

2010 given to me and will observe all Acts, Regulations and Orders relating to the Force which may from time to time be in force.

So help me God.

.

Signature of Recruit.

Sworn before me.

on the ., 19.

Rev.

2010] Administration Police CAP.

85 13 [Subsidiary] SUBSIDIARY LEGISLATION L.N.

295 /1958, Districts or Areas within which the Minister has approved the appointment of L.N.

718 /1963, administration police under section 4 (1) Province District L.N.95/2000.

Nyanza Kisumu, Suba, Migori, Siaya, Kisii Central, Kisii North, Homa Bay, Rachuonyo, Kuria, Kisii South, Bondo and Nyando.

Rift Valley Nakuru, Narok, Bomet, Keiyo, Turkana, Nandi, Samburu, Kajiado, Baringo, Kericho, Marakwet, Laikipia, Trans Mara, Uasin Gishu, West Pokot, Koibatek, Trans Nzoia and Buret.

Central Nyeri, Thika, Kiambu, Muranga, Kirinyaga, Nyandarua and Maragwa.

Coast Mombasa, Taita Taveta, Kwale, Kili, Tana River, Lamu and Malindi.

Eastern Embu, Kitui, Meru Central, Isiolo, Mwingi, Moyale, Makueni, Meru North, Marsabit, Machakos, Tharaka, Mbeere and Meru South.

Western Kakamega, Teso, Vihiga, Bungoma, Mt.

Elgon, Busia, Butere, Mumias and Lugari.

North-Eastern Mandera, Wajir, Garissa and Ijara.

Nairobi Nairobi Area.

.