CAP. 84
National Police Service
[Rev. 2012]
(6) Where the unclaimed property has been sold in accordance with subsection
(5) the proceeds of sale shall be paid to the person who establishes his claim, or,
if no lawful claim to the property has been established, the proceeds shall be paid
into the Government Revenue.
64. Power to apply for summons etc.
Subject to this Act or any other law, a police officer may apply before a
subordinate court for summons, warrant or other legal process.
65. Power to erect barriers
(1) Notwithstanding the provisions of any other law, any Gazetted officer or
inspector or any police officer in charge of a police station may, if he or she
considers it necessary to do so for the maintenance and preservation of law and
order or for the prevention or detection of any offence, order an officer to erect or
place barriers in or across any road or street or in any public place.
(2) A police officer in uniform may take all reasonable steps to prevent any
vehicle from being driven past any barrier, erected pursuant to subsection (1) and
a driver who fails to comply with any reasonable signal given by a police officer
in uniform requiring the driver to stop the vehicle before the barrier, commits an
offence and is liable on conviction to imprisonment for a term not exceeding twelve
months or to a fine not exceeding one hundred thousand shillings or to both.
(3) The head of the Kenya Police Service in the County shall maintain records of
all barriers erected under subsection (1) and the reasons therefor in their respective
county and submit these to the respective community policing association.
(4) The records referred in subsection (3) shall state the reasons for laying the
barriers and shall be open for inspection by authorized persons.
(5) The Inspector-General shall issue guidelines on erection of barriers.
(6) Members of the public may lodge complaints about the barriers with the
County Commander or the Authority.
66. Protection from personal liability
(1) No matter or thing done by a member, employee or agent of the Service
shall, if the matter or thing is done in good faith for the performance and execution
of the functions, powers or duties of the Service, render the officer, employee or
agent personally liable to any action, claim or demand whatsoever.
(2) Subsection (1) shall not preclude a person from bringing legal proceedings
against the Inspector-General in respect of an act or omission of the kind referred
to in that subsection if the person can satisfy the court that the police officer or other
person would, but for that subsection, have incurred liability for the act or omission.
67. Public property not to be used privately
(1) Unless specifically authorized by regulations, no police officer shall be
entitled to keep or use for his private benefit any article that has been supplied to
him at the public expense, but he or she shall hold every such article at the order
and disposal of the state.
[Issue 1]
N18 - 38
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