CAP. 84
National Police Service
[Rev. 2012]
(2) For the avoidance of doubt, the rights and fundamental freedoms specified
under Article 24 (5) of the Constitution, with regard to persons serving in the
Service, are limited to the nature and extent specified in this Act or any other written
law.
(3) A Police officer who contravenes this section shall be dismissed from the
Service and shall forfeit all rights to any pension or gratuity.
94. Desertion
(1) A police officer who absents himself from duty without leave or just cause
for a period exceeding twenty-one days shall, unless the contrary is proved, be
considered to have deserted from the Service.
(2) Upon reasonable suspicion that any police officer has deserted the Service,
any police officer may arrest that officer without a warrant, and shall thereupon
take him before a magistrate having jurisdiction in the area in which such person
deserted or was arrested.
(3) Any police officer who deserts from the Service commits an offence and is
liable on conviction to summary dismissal or imprisonment for a term not exceeding
two years or to a fine not exceeding one hundred thousand shillings.
95. Prohibition against torture or cruel treatment
(1) It shall be unlawful for a police officer to subject any person to torture or
other cruel, inhuman or degrading treatment.
(2) A police officer who subjects a person to torture commits a criminal offence
and shall be liable on conviction to imprisonment for a term not exceeding twenty
five years.
(3) A police officer who subjects a person to cruel, inhuman or degrading
treatment commits a criminal offence and is liable on conviction to imprisonment
for a term not exceeding fifteen years.
PART XI – COMMUNITY POLICING FORUMS AND COMMITTEES
96. Objects of community policing
(1) The Service shall, in order to achieve the objects contemplated in Article 244
of the Constitution, liaise with communities through community policing initiatives,
with a view to—
(a) establishing and maintaining partnership between the community and
the Service;
(b) promoting communication between the Service and the community;
(c) promoting co-operation between the Service and the community in
fulfilling the needs of the community regarding policing;
(d) improving the rendering of police services to the community at
national, county and local levels;
(e) improving transparency in the Service and accountability of the
Service to the community; and
(f) promoting policing problem identification and policing problem-solving
by the Service and the community.
[Issue 1]
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