544 Kenya Subsidiary Legislation, 2015

(2) All secondments or attachments shall be for a period not

exceeding three years.
(3) Any further extension of the secondment or attachment period
by the Inspector- General shall be with the approval of the
Commission.
12. The Commission may review these Regulations from time to Review of
Regulations.
time.
Made on the 7th May, 2015.
JOHNSTON KAVULUDI,
Chairperson,
National Police Service Commission.

LEGAL NoTiCE No. 90

THE NATIONAL POLICE SERVICE COMMISSION ACT
(No. 30 of 201 1)
IN EXERCISE of the powers conferred by section 28 of the
National Police Service Commission Act, 2011, the National Police
Service Commission makes the following Regulations: —
THE NATIONAL POLICE SERVICE COMMISSION (DISCIPLINE)
REGULATIONS, 2015
PART I —PRELIMINARY
Cnafion.
1. These Regulations may be cited as the National Police Service
Commission (Discipline) Regulations, 2015.
Interpretation.
2. In these Regulations, unless the context otherwise requires—
"Act" means the National Police Service Commission Act, 2011; No. 30 of 2011.

"appeal" means an appeal lodged with the National Police

Service Commission;
"authorized officer" means the Inspector-General or an officer
who is authorized by the Inspector-General initiate disciplinary action
against an officer;
"civilian staff' means a person serving in the Service but does
not carry out policing functions and duties, and is not authorized to use
police powers as provided for in the National Police Service Act, 2011; No. I I A of 2011.
"corrective action" means an immediate and temporary measure
taken by an immediate supervisor against an officer in order to avert
further commission of the offence or misconduct pending
commencement of disciplinary processes;
"disciplinary action" has the same meaning as assigned to it
under the Act;
"disciplinary proceedings" means proceedings under Part X of
the National Police Service Act, 2011; No. I I A of 2011.

"dismissal" means an order against a member of the Service to

leave the employment of the Service on disciplinary grounds and may
result in other consequences as prescribed in any other relevant law ;
 Kenya Subsidiary Legislation, 2015 545

"immediate commanding officer of the respective Service"

means the officer prescribed by Regulations or Service Standing
Orders as having powers of command over the accused officer;
"interdiction" means a disciplinary measure where an officer is
discontinued from the Service for a specified period of time but
continues to be paid one half of his monthly salary;
"officer" has the same meaning as assigned to it under section 2
of the National Police Service Act; No. I I A of 2011.

"reinstatement" means a person is taken back in the Service on

his or her former position, after having been interdicted or suspended;
"resignation" means that the member of the Service voluntarily
leaves from the Service in accordance with section76 of the National
Police Service Act,201 1;
"respective Service" means the Kenya Police Service or the
Administration Police Service;
"Service" means the National Police Service established under
Article 243 of the Constitution.
3. (1) The Commission shall exercise disciplinary control over Discipliwy Control
the Service. by the Commission.

(2) In these Regulations, "disciplinary control" includes-

(a) the development and prescription of fair and clear
disciplinary procedures and mechanisms in accordance with
Article 47 of the Constitution;
(b) ensuring compliance with the prescribed disciplinary
procedures and guidelines formulated by the Inspector-
General;
(c) ensuring compliance with the due process in disciplining
members of the Service;
(d) receiving of regular reports from the Inspector-General on
disciplinary matters handled by the Service;
(e) reviewing or ratifying of disciplinary actions taken by the
Inspector-General;
(f) hearing and determining appeals from the members of the
Service; and
(g) observing due process, removing persons holding or acting
in offices within the Service.
(3) The Commission shall develop procedures for the
undertaking disciplinary proceedings by the Inspector-General and
officers authorized by the Inspector-General and shall ensure
compliance with the procedures.
(4) Every disciplinary process shall observe due process as
provided under Article 47 and Article 246(3)(b) of the Constitution.
Complaints against
4. (1) The disciplinary process may commence upon occurrence police officers.
of any of the following-
 546 Kenya Subsidiary Legislation, 2015

(a) a complaint from a member of the public;

(b) a complaint from a member of the Service;
(c) a complaint from a state organ; or
(d) an anonymous witness statement or other statement made for
another investigation not necessarily commenced for
purposes of police Service matters.
(2) Where an incident under subsection (1) occurs, such
complaint shall be investigated by the most senior officer available or
by an authorized officer in the manner prescribed in the Service
Standing Orders.
(3) In exceptional circumstances, where the offence against
discipline is clearly manifest as to render investigations unnecessary,
the officer- i n-ch arge may immediately issue a notification to the
appropriate disciplinary committee to conduct the disciplinary
proceedings.
(4) During the investigation, statements may be collected from
the complainant, any witnesses available and from the officer being
accused.
(5) Where the complaints or reports and investigation disclose
offences against discipline, the investigations report along with a
notification shall be forwarded to the appropriate disciplinary
committee to commence disciplinary proceedings.
(6) The appropriate disciplinary committee shall upon conclusion
of the disciplinary proceedings make a recommendation to the
Inspector-General or authorized officer on the disciplinary action to be
taken.
(7) Upon conclusion of the disciplinary proceedings and on
receipt of the recommendations of the appropriate disciplinary
committee, action may be taken by the I nspector-Generai or the
authorized officer in accordance with procedure set out in these
Regulations and the Service Standing Orders.
(8) Investigations into complaints against police shall be notified
to the Internal Affairs Unit, upon commencement of the investigations.
(9) Where investigations under this section disclose offences
against discipline, the officer in charge shall be required to inform the
Internal Affairs Unit of the notification issued to the appropriate
disciplinary committeeto conduct proceedings to enable a record of the
same to be maintained.
(10) Where an officer accused in a complaint admits to an
offence against discipline, appropriate disciplinary proceedings shall be
taken by the appropriate disciplinary committee.
(11) An authorized officer or a an officer- in -charge, as prescribed
in the Service Standing Orders, may, subject to these Regulations and
any other applicable procedure, take corrective action immediately
against an officer who is manifestly culpable of a disciplinary offence
 Kenya SubsidiarY Legislation, 2015 547

pending the disciplinary proceedings before the appropriate

disciplinary committee in accordance with these Regulations and the
Service Standing Orders.

5. (1) The officer- in-charge shall be required to cooperate with Cooperation with
Other agencies.
the Internal Affairs Unit, the Independent Policing Oversight Authority
and other investigative agencies during the course of any disciplinary
process.
(2) Authorized officers conducting investigations into complaints
against police shall be required to conduct the investigations
expeditiously and to issue monthly reports on the findings of
investigations to the Internal Affairs Unit for their record and other
purposes in line with their mandates.

(3) The Internal Affairs Unit shall be required to submit quarterly

reports to the Commission through the Inspector-General of all
complaints and outcomes of investigations conducted by the Unit and
reported from various field reports.

6. (1) Disciplinary proceedings before the Disciplinary Commencement of

disciplinary
committees against an officer may be initiated on proceedings.
(a) notification from the officer's immediate supervisor;

(b) recommendation from the Internal Affairs Unit of the

National Police Service;

(c) recommendation from Independent Policing Oversight

Authority^

(d) adverse mention in a report of a parliamentary committee,

committee of inquiry, the Auditor General, the Directorate of
Criminal Investi g ations, the Directorate of Public
Prosecutions. the Ethics and Anti-Corruption Commission,
the Commission on Administrative Justice, or any other
official inquiry or investigation; or

(e) where an officer is caught in the act committing an offense

against discipline.

7. (1) In exercise of the powers conferred under section 13 of the Establishment and
position of the
Act, the Commission shall establish the National Police Service com
National Police
Disciplinary Committee for purposes of hearing and determining Service Disciplinary

disciplinary proceedings for an officer of the rank of assistant c0mlillel^

superintendent and above.

(2) The Disciplinary Committee shall be consist of —

(a) the concerned Deputy Inspector-General of the Service to

which the accused officer belongs or in his or her absence a
Commissioner from the National Police Service
Commission:

Provided that the Commissioner shall not be a Deputy Inspector-

General of the Service; and

(b) four other members appointed by Commission as follows-

 548 Kenya Subsidiary Legislation, 2015

(i) two members representing the Kenya Police Service;

and
(ii) two members representing the Administration Police
Service.
(3) Where the accused officer is an officer from the Directorate
of Criminal Investigations, one of the two members representing the
Kenya Police Service under paragraph (2) (a) shall be from the
Directorate of Criminal Investigations.
(4) Where the accused officer is an officer of the rank of Senior
Assistant Inspector-General, the Disciplinary Committee shall consist
of at least three members of the Commission.
(5) The officer accused of an offence against discipline may
while appearing before the Committee, be represented by a police
officer, who shall not be of a rank higher than the accused officer's
rank to assist the officer in his defence.
(6) Notwithstanding paragraph (5), the Committee may require
the accused officer to make submissions in person during the hearings.
(7) The Disciplinary Committee may decline the officer selected
by the accused officer under paragraph (5) and shall give reasons for
the refusal, however the accused officer shall be granted an opportunity
to select a different officer to assist him or her in the defence.
8. (I)The members of the Disciplinary Committee shall be Term of the National
Disciplinary
constituted on a case by case basis. Committee.
(2) The Disciplinary Committee shall sit at a venue to be
determined by the Commission.
9. (1) The Disciplinary Committee shall inquire into matters Responsibility of the
related to offences against discipline for all officers taking into accoun t Disciplinary
Committee.
the rank of the officer for purposes of the constituting the Disciplinary
Committee.
(2) In conducting an inquiry under subsection (1), the
Disciplinary Committee may engage the services of any person or
institution with expert knowledge in the matter to which the inquiry
relates.
(3) The Committee may in determining any complaint against an
officer, make recommendations to the Commission, including
recommendations for dismissal from the Service.
(4) An officer aggrieved by the decision of the Commission
following the recommendations of the Disciplinary Committee, may
apply to the Commission for a review, in accordance with these
Regulations.
8. (1) Where a hearing is for purposes of undertaking discipline Subordinate
. . Disciplinary
of an officer of the rank of Chief Inspector and below, the Commission Committee.
shall constitute a Subordinate Disciplinary Committee to inquire into
and hear the disciplinary matter.
 Kenya Subsidiary Legislation, 2015 549

(2) The Subordinate Disciplinary Committee shall consist of —

(a) a presiding officer. being an officer who is appointed as a
presiding officer by the immediate commanding officer of
the respective Service, and shall be of a rank not below the
rank of Inspector and not of or below the rank of the accused
officer;
(b) an assistant presiding officer appointed by the immediate
commanding officer of the respective Service, as provided in
the Service Standing Orders; and
(c) an officer appointed by the immediate commanding officer
of the respective Service to observe the proceedings, who
shall not be of a rank lower than the accused officer.
(4) There shall be, during the hearings of the Subordinate
Disciplinary Committee, an officer prosecuting the offence being an
officer authorized to inquire into offences against discipline and shall
be of a rank higher than the accused officer but not of a rank higher
than the presiding officer.
(5) A police officer facing disciplinary action may be
accompanied by another officer of his or her choice for assistance and
support:
Provided that such an officer shall not be of a senior rank to the
presiding officer.
(6) The Subordinate Disciplinary Committee may decline the
officer selected by the accused officer under paragraph (5) and shall
give reasons for the refusal, however the accused officer shall be
granted an opportunity to select a different officer to assist him or her
in the defence.
(7) A police officer aggrieved by the Subordinate Disciplinary
Committee's decision may apply for appeal in the following
sequence-
(a) at the County or Formation or Unit, at the first instance;
(b) to the respective Deputy Inspector-General or to the
Directorate of Criminal Investigations, at the second
instance;
(c) to the Inspector-General in accordance with these
Regulations and the Service Standing Orders, at the third
instance.
(8) An appeal from the decision of the Inspector-General shall lie
with the Commission in accordance with these Regulations and the
Service Standing Orders.
Conduclof
9. (1) Disciplinary proceedings shall be conducted in accordance disciplinary
with these Regulations , the Service Standing Orders and any procccdings.
guidelines issued by the Commission from time to time.
(2) Where an offence against discipline is committed by an
officer, the officer's supervisor may take a corrective action, where
applicable, pending the commencement of disciplinary process.
 550 Kenya Subsidiar y Legislation, *41015

(3) The accused officer shall be notified of the offence accused

of having committed and shall be accorded an opportunity of at least
three calendar days within which to show cause why disciplinary action
should not be taken against
C^ him or her.

(4) Where a disciplinary hearing is scheduled, an officer accused

of a disciplinary offence shall be given at least seven calendar days'
notice before the date of the hearing.

(5) The notice under paragraph (4) may, in exceptional

circumstances, be waived and the hearing held in accordance with the
Service Standing Orders.

(6) Where paragraph (5) is invoked, the presiding officer shall

record the reasons for such waiver in writing.

(7) Where applicable or relevant, the officer who is the subject

of the hearing may call witnesses or other evidence on his or her
behalf, at the officer's own cost.

(8) The disciplinary hearings before the Disciplinary

Committees shall be conducted expeditiously and without undue delay
or technicalities and any delay in the disposal of the proceedings
beyond twenty-eight days shall be reported to the Commission together
with the reasons for such delay.

(9) The recommendations of the Disciplinary Committee shall

be forwarded to the Commission for confirmation and approval and the
Commission shall subsequently communicate the disciplinary action to
be taken on the officer through the Inspector-General.

(10) The recommendations of the Subordinate Disciplinary

Committee shall be forwarded to the Inspector-General or authorized
officer as prescribed in the Service Standing Orders, for confirmation
and approval and the I nspector-General or authorized officer shall
*
subsequently communicate or implement, where applicable, the
disciplinary action to be taken on the officer, taking into consideration
the provisions of regulation 10.

12. (1) Where an officer fails to attend a disciplinary hearing Disciplinary

hearings where the
despite evidence of notification of the date, venue and time of the
c d is absent.
hearing the disciplinary hearing may proceed in the absence of the 3 c"c
accused officer and the presiding officer shall record the reasons for the
accused officer's absence.

(2) The appropriate disciplinary committee may upon conclusion

of the hearing issue a determination of the disciplinary action to be
taken in writing
Z, and the disciplinary action taken shall be recorded
immediately in accordance with these Regulations.

13.(1) The Inspector-General may either directly or through an Disciplinary

authorised officer or the appropriate disciplinary committees, initiate proccodings by the
Service.
disciplinary proceedings against any member of the Service in the
manner provided under these Regulations and any Guidelines issued by
the Commission or the Service Standing Orders.

(2) Where a complaint or report against an officer discloses an

offence against discipline, appropriate disciplinary action shall be taken
 Kenya Subsidiary Legislation, 2015 551

by the I nspector-General, the authorised officer or the concerned

disciplinary committee in accordance with these Regulations.
(3) Where disciplinary proceedings are initiated by the Inspector-
General or an authorised officer, the Inspector-General or authorised
officer shall notify the Commission for information purposes.
(4) A police officer who commits an offence against discipline is
liable to-
(a) reprimand;
(b) suspension;
(c) confinement to barracks or police residential quarters;
(d) reduction of salary by not more than one third of basic salary
for a period not exceeding three months;
(e) a fine not exceeding a third of basic salary; No. I I A of 2011.

(f) an order of restitution;

(g) stoppage of' salary increments for a specified period but not
exceeding one year;
(h) reduction in rank,
(i) dismissal from the service; or
any combination of the punishments provided under this
paragraph.
No. I I A of 2011.
(5) The sanctions provided under paragraph 4 (f) (g) (h) (i) and
shall only take effect on approval and confirmation by the
Commission.
(6) In the determining what disciplinary action to take against an
officer under paragraph (4), the Inspector-General or the authorised
officer shall take into consideration-
(a) the circumstances in which the offence was committed and
the gravity of the offence;
(b) the seniority and length of service of the officer;
(c) the previous record and conduct of the officer, and
(d) the statement made by the officer for the purposes of
mitigation.
(7) The officer presiding on the subordinate disciplinary
committee shall enter the details of the punishment, including the date
of the punishment and the offence for which it was imposed, on the
record sheet of the police officer punished, and a copy of the record
shall be forwarded to the Commission.
(8) Where the recommended disciplinary action relates are as
provided under regulation 10 (4) the recommended disciplinary action
shall require confirmation by the Commission.
 552 Kenya Subsidiary Legislation, 2015

(9) Where a disciplinary offence amounts to a criminal offence.

or where an officer is charged of a criminal offence, the Service shall,
in accordance with these regulations and the service standing orders,
take appropriate disciplinary action regardless of whether the criminal
proceedings result in a conviction or an acquittal.
(10) Where the Service fails to take the requisite disciplinary
action the Commission may initiate disciplinary proceedings against
the accused officer as provided in section 88 (4) of the National Police
Service Act.
(11) Where an officer commits a criminal offence, the Inspector-
General or authorised officer shall interdict the officer in accordance
with the provisions of these Regulations and the Service Standing
Orders and shall immediately inform the Commission of the
interdiction.
14. (1) An officer under investigation, may be interdicted by the Interdiction
Inspector-General or an authorized officer to facilitate investigations.
(2) An interdiction of an officer shall not mean removal from
office.
(3) An interdicted officer shall continue to be subject to all laws,
Regulations, Service Standing Orders and Guidelines relating to the
Service.
(4) An officer under investigation may, depending on the nature
of the case, be interdicted pending the investigation.
(5) Where the officer is interdicted, the officer shall surrender his
or her Certificate of Appointment to the supervisor.
(6) Despite any provision in this regulation, the officer's
appointment shall not cease only because of such interdiction or
suspension.
(7) While an officer is interdicted or suspended, the officer's
powers, privileges and benefits shall be suspended, but the officer shall
continue to be subject to the discipline and penalties provided under the
National Police Service Act, 2011, as if the officer had not been
interdicted or suspended.
(8) An officer who has been interdicted from duty will be entitled
to half salary as well as to remain in the accommodation as provided to
the officer.
(9) Notwithstanding paragraph (8), during an officer's
interdiction or suspension as the case may be, the officer may be
required to proceed to his permanent residence and to report to the
local police station or post as prescribed in the Service Standing
Orders.
15. (1) If the Inspector-General after having considered the report Retirement on
grounds of public
made with regard to an officer, and is of the opinion that the matter interest
cannot suitably be dealt with under any provision in these Regulations
or the Service Standing Orders, the Inspector-General shallthe officer
 Kenya Subsidiary Legislation, 2015 553

in writing specifying the complaints by reason of which the officer's

retirement is in the public interest.
(2) The notice issued under paragraph (1) shall be issued to the
officer together with the any report or part of a report containing any
matter against the officer.
(3) If after giving the officer an opportunity to show cause why
the officer should not be retired in the public interest and the Inspector-
General is satisfied that the officer should retire in the interest of the
public, the Inspector-General shall forward to the Commission the
report on the case including comments from —
(a) the officer ;
(b) the Deputy Inspector-General or Director of the Directorate
of Criminal Investigation;
(c) the Inspector-General,
and the Commission shall make a final determination whether the
officer should be retired in the interest of the public .
Review and
16. (1) A disciplinary action taken by the Inspector-General or confirmation and by
authorised officer shall be subject to review by the Commission in he Commission.
accordance with these Regulations.
Z,

(2) If on reviewing a disciplinary action taken by the Inspector-

General or an authorised officer, the Commission finds that
disciplinary measure taken is not proportionate to the disciplinary
offence, the Commission shall make recommendations to the
Inspector-General on the required corrective action to be taken.
(3) The disciplinary proceedings shall be performed in
accordance with these regulations and the Service Standing Orders, and
any officer who fails to adhere to these procedures shall attract
disciplinary proceedings against the authorised officer.
(4) In reviewing a disciplinary measure taken against an officer,
the Commission may review the process and outcome of an
investigation and the recommended punishment, in order to confirm
that the disciplinary action meted on an officer was commensurate to
the offence committed.
Hearing during
17. (1) Disciplinary proceeding shall be conducted in accordance Disciplinary
with these Reoulations and the Service Standin r,o Orders and any proceedings.
guidelines issues c' by the Commission from time to time.

(2) Where an offence against discipline is committed by an

officer, the officer's supervisor may take immediate corrective action,
where necessary, pending the commencement of disciplinary process.
(3) In all disciplinary proceedings, the accused officer shall be
notified of the offence he is charged of and shall be given at least three
calendar days within which to show cause why disciplinary action
should not be taken against him or her.
(4) Where a disciplinary hearing is scheduled, an officer accused
of a disciplinary offence shall be given at least twenty-four hours'
notice before the date of the hearing.
 554 Kenya Subsidiary Legislation, 2015

(5) In exceptional circumstances, the notice under paragraph (4)

may be waived and the hearing held in accordance with the Service
Standing Orders.
(6) Where paragraph (5) is invoked, the presiding officer shall be
required to make a written statement stating the reasons for the waiver.
(7) The officer who is the subject of the hearing may, where
applicable, call witnesses or other evidence on his or her behalf, at the
officer's cost.
(8) The disciplinary hearing before the Disciplinary Committee
shall be conducted expeditiously and without undue delay or
technicalities and any delay in the disposal of the proceedings beyond
twenty-eight days shall be reported to the Commission stating the
reasons for the delay.
(9) The recommendations of the National Disciplinary
Committee shall be forwarded to the Commission for confirmation and
approval and the Commission shall within seven days upon receipt of
the recommendations communicate to the Inspector-General the
disciplinary action to be taken against the officer.
(10) The Inspector-General shall take the disciplinary action
within three days of receipt of the communication from the
Commission.
o i) The recommendations of the Subordinate Disciplinary
Committee shall be forwarded to the Inspector-General or authorised
officer as prescribed in the Service Standing Orders, for confirmation
and approval.
(12)The Inspector-General or authorised officer shall thereafter
communicate or implement, where application the disciplinary action
to be taken on the officer, taking into consideration regulation 10 of
these Regulations.
18. (1) The Commission shall establish whether the correct Action by
procedures as prescribed in these Regulations, the Service Standing Commission on
review.
Orders and the Guidelines have been followed and whether correct
disciplinary measures have been taken.
(2) Upon review of a decision or action by the Commission, the
Commission may-
(a) uphold the decision,
(b) set aside the decision;
(c) vary the directions as it considers to be just;
(d)make any decisions for refund, reinstatement of
remuneration or release of withheld payment due to an
officer as it considers to be just;
(e) direct that disciplinary action to be taken against any
authorised officer or other persons within the Service who
has failed to discharge a duty in which he or she was under
obligation to discharge, in relation to the disciplinary case;
or
 KenYa Subsidiary Legislation, 2015 555

make any other appropriate decision in view of the

circumstances of the case.

19. (1) The Commission shall keep records, and include in its Record of
disciplinary cases
annual report, the number of members of the police service who have
generally.
been subjected to the disciplinary process, the offences committed, the
disciplinary action taken, appeals and number of successful appeals.

(2) The record referred to in subsection (1), shall include-

(a) the outcorne of all reviews and appeals of cases by the

Commission and the Service, including where the officer is
not found guilty;
4^

(b) information relating to misconduct which the officer is

accused of;

(c) the disciplinary action taken; and

(d) the outcome of the review by the Commission or the Service,

where applicable, the outcome of the appeal.

20. (1) Where disciplinary hearing has been conducted before the Power of review by
(lie Commission of
Commission, the person ag C g rieved by the decision of the Commission
its decisions.
may apply to the Commission to review that decision.

(2) Where the Commission has confirmed or determined action

to be taken against an officer following recommendations of the
disciplinary board, an officer a-grieved
C by the decision of the
Commission may apply to the Commission to review that decision.

(3) An application for review shall be in writing and be made

within seven days, of the decision.

(4) An application for review to the Commission shall be on any

of the followingt, grounds-

(a) an error on the face of the record; or

(b) a new and important matter that was not considered by the
Commission's disciplinary panel in the conduct of' the
officer's proceedings.

(5) The Commission may, where applicable, deal with a review

by way of written submissions between the officer and the Commission
or through oral hearing or both by way of written submissions and oral
hearing.

(6) Where the application for review is to the Commission and

the matter is to be handled through a hearing-

(a) the Commission shall constitute a panel to hear the case;

(b) the composition shall depend on the gravity

ZI of the case and
the rank of the officer involved and shall be comprised of
members including-

(i) a Commissioner who shall be the chairperson of the

panel:
 556 Kenya Subsidiary Legislation, 2015

(ii) an officer from the same Service as the officer applying

for review, designated by the Inspector-General in
consultation with the respective Deputy Inspector or
Director of the Directorate of Criminal Investigations, as
the case may be;
(iii) a human resource officer from the Service of the
concerned officer; and
(iv) any other officer who possesses the knowledge and
skills that are found necessary by the panel;
(c) the panel shall consider the application for review within
twenty one days of receipt of the application and shall make
recommendations to the Commission for the Commission's
consideration and final decision; and
(d) the decision and reasons for the decision shall be submitted
to the officer by the Commission, through the Inspector-
General within fourteen days of the receipt of the panel's
recommendations.
21. (1) Where a disciplinary hearing has been conducted by an Appeals.
authorized officer or disciplinary board, the officer aggrieved by the
decision of the authorized officer may appeal to the designated
appellate authority.
(2) Any further appeal shall lie with the Commission.
22. (1) An appeal to the Commission or to the designated Procedure for
appeal.
appellate authority within the Service, as the case may be, shall be in
writing and shall be made within thirty days of the decision appealed
against.
(2) An officer who appeals to the Service designated appeal
authorities shall submit a copy of the appeal to the Inspector-General
and to the concerned Deputy Inspector-General of the Officer's Service
and to the Commission for information purposes.
(3) The Commission or the designated appellate body may, in
accordance with the Service Standing Orders, accept an appeal out of
time where there is a compelling reason to do so or in the interest of
justice, and the officer shall in writing state the reasons justifying the
appeal out of time.
(4) The Commission or the designated appellate body as per the
Service Standing Orders or the Commission, as the case may be, may
deal with an appeal by way of written submissions by the parties or
through oral hearing or both.
(5) Where an appeal is to the Commission and the matter is to be
handled through a hearing —
(a) the Commission shall establish a panel to hear the case;
(b) the composition shall depend on the rank of the person
involved and shall be comprised of-
(i) a Commissioner to chair the panel;
 557
Kenya Subsidiary Legislation, 2015

(ii) an officer from the same Service as the officer

appealing, designated by the Inspector-Genera l in
consultation with the respective Deputy Inspector-
General or Director of the Directorate of Criminal
Investigations, as the case may be;
(iii) a human resource officer from the Service of the
concerned officer; and
(iv) any other officer who possesses the knowledge and
skills deemed necessary by the panel;
(c) the panel shall consider the matter within twenty one days
and shall make recommendations to the Commission for the
Commission's consideration and final decision; and
(d) the decision and reasons for the decision shall be given to the
officer by the Commission, through the Inspector-General
within fourteen days' of the receipt of the recommendation
of the panel. Report of the panel.
23.(1) The appeals panel shall deliver its report to the
Commission within seven days of the conclusion of the hearing and
may, in respect of a decision appealed against recommend to-
(a) uphold the decision;
(b) set aside the decision;
(c) vary the decision as it considers to be just;
(d) make such directions as it may considers appropriate, with
respect to the decision;
(e) make any decision for refund, reinstatement of remuneration
or release of withheld payment due to an officer as it
considers to be just;
(f) direct that disciplinary action be taken against any
authorizing officer or other person within the Service who
has failed to discharge a duty that was under obligation to
discharge in relation to the disciplinary case; or
(g) make any other appropriate decision in view of the
circumstances of the case.
(2) An appellant who is dissatisfied with the decision of the
commission may petition the commission for review, if there is new
information that warrants such review by the Commission.
(3) The Commission may issue guidelines for the better carrying
out of disciplinary processes and proceedings.
Made on the 7th May, 2015. JOHNSTON KAVULUDI,
Chairperson,
National Police Service Commission.

PRIl1rEI) IND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI