Constitution of Kenya

245. Command of the National Police Service

(1) There is established the office of the Inspector-General of the National Police Service.
(2) The Inspector-General--

(a) is appointed by the President with the approval of Parliament; and
(b) shall exercise independent command over the National Police Service, and perform any other functions prescribed by national legislation.

(3) The Kenya Police Service and the Administration Police Service shall each be headed by a Deputy Inspector-General appointed by the President in accordance with the recommendation of the National Police Service Commission.
(4) The Cabinet secretary responsible for police services may lawfully give a direction to the Inspector-General with respect to any matter of policy for the National Police Service, but no person may give a direction to the Inspector-General with respect to--

(a) the investigation of any particular offence or offences;
(b) the enforcement of the law against any particular person or persons; or
(c) the employment, assignment, promotion, suspension or dismissal of any member of the National Police Service.

(5) Any direction given to the Inspector-General by the Cabinet secretary responsible for police services under clause (4), or any direction given to the Inspector-General by the Director of Public Prosecutions under Article 157(4), shall be in writing.
(6) The Inspector-General shall be appointed for a single four-year term, and is not eligible for re-appointment.
(7) The Inspector-General may be removed from office by the President only on the grounds of --

(a) serious violation of this Constitution or any other law, including a contravention of Chapter Six;
(b) gross misconduct whether in the performance of the office holder’s functions or otherwise;
(c) physical or mental incapacity to perform the functions of office;
(d) incompetence;
(e) bankruptcy; or
(f) any other just cause.

(8) Parliament shall enact legislation to give full effect to this Article.

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