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Policing Budgets in Kenya: Money vs Functions?

The Constitution of Kenya (CoK) in Article 243 (1), establishes the National Police Service (NPS) as one of the three organs of National Security. The other organs are the Kenya Defense Forces and the National Intelligence Service. The NPS consists of the Kenya Police Service (KPS) and the Administration Police (AP). The National Police Service Act(NPSA) 2011 enumerates the statutory functions of the Police Service, key among these being maintenance of law and order, protection of life and property, prevention and detection of crime, apprehension of offenders and enforcement of laws and regulations.

Besides the common functions across the KPS and the AP, the Act assigns some distinct functions to the Administration Police including provision of border patrol and border security, provision of specialized stock theft prevention services, protection of government property, vital installations and strategic points, rendering of support to Government agencies in the enforcement of administrative functions coordinating with complementing Government agencies in conflict management and peace building.

The Constitution in Article 245(1)(b) requires the National Police Service to be under the independent command of the Inspector General of Police (IG). Section 10(1) d of the National police service Act requires the Inspector General to prepare budget estimates and prepare the policing plan before the end of the financial year setting out priorities and objectives of the service. Currently, both budgeting and auditing of the NPS is done under the Ministry of Interior and Citizen Services. This may have
consequences in the autonomy and accountability of resources allocated to the NPS.

The National Police Service Act establishes the funds of the National Police Service and states that the National Assembly (NA) shall allocate adequate funds to enable the service perform its functions. The NPS funds includes monies allocated by the NA for purposes of the Service and such other monies as may be lawfully granted, donated or lent to the service from any other source, with the approval of the NA and the Cabinet Secretary (CS) responsible for Finance.

The annual estimates provide for the payment of salaries, allowances and other charges in respect of the staff of the Service; the payment of pensions, gratuities and other benefits payable from the National Police Service funds; the maintenance of National Police Service assets; the funding of operations, training, research and development of activities of the National Police Service and the creation of funds to meet future or contingent liabilities.

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