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    Why Taskforce Wants Section 87 of NPS Act Amended

    David WafulaBy David WafulaAugust 31, 2026No Comments5 Mins Read
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    The National Taskforce on Improvement of the Terms and Conditions of Service and Other Reforms for Members of the National Police Service, Kenya Prisons Service and National Youth Service has recommended amendments to Section 87 of the National Police Service (NPS) Act.

    The taskforce, chaired by former Chief Justice David Maraga, said the amendment would address complaints by junior police officers who have allegedly been subjected to multiple disciplinary processes.

    In its report released on Monday, August 31, 2026, by Maraga, the taskforce recommended that Parliament amend Section 87 to strengthen the operations and independence of the Internal Affairs Unit (IAU).

    The proposed amendments would provide for competitive recruitment of the IAU Director, secure the director’s tenure and clearly define the mandate of the office.

    The taskforce also wants the functions of the IAU decentralised and the law amended to expressly authorise the unit to enforce discipline and professional standards within the National Police Service.

    “To address the junior officers’ complaints of being subjected to multiple disciplinary processes, the Taskforce recommends that Parliament should amend Section 87 of the NPS Act,” the report says.

    The taskforce further recommended that the NPS Act be amended to ensure the Internal Affairs Unit focuses strictly on disciplinary offences.

    It said the unit should not handle criminal matters that fall under the mandate of the Directorate of Criminal Investigations (DCI) and the Independent Policing Oversight Authority (IPOA).

    The proposed changes are intended to provide clearer boundaries between disciplinary processes within the police service and investigations of criminal conduct.

    The taskforce said strengthening the IAU would help improve discipline and professional standards while providing police officers with a clearer and fairer disciplinary framework.

    The Maraga-led taskforce also proposed reforms aimed at ending rivalry between the Kenya Police Service (KPS) and the Administration Police Service (APS).

    According to the report, the organisation of the constituent services of the NPS before 2018 resulted in significant overlaps and duplication of functions.

    There were parallel KPS, APS and DCI commanders at regional, county, sub-county, ward and locational levels.

    The taskforce said it was often unclear who was in charge at different levels because several commanders held similar ranks.

    This resulted in what the taskforce described as poor allocation of resources and disjointed operations.

    The taskforce said the 2018 reorganisation, which was loosely referred to as the “merger” of the KPS and APS, was intended to eliminate duplication and overlapping responsibilities.

    However, it found that the changes were not properly implemented and created frustration among APS officers.

    APS officers told the taskforce that they felt they were being treated as juniors by their KPS counterparts.

    They also complained that their concerns were not receiving adequate attention from the NPS leadership.

    The continued exclusive protection of institutions considered “lucrative”, including the Central Bank of Kenya and airports, was cited as one of the sources of resentment.

    According to the report, APS officers viewed the continued allocation of such assignments to the KPS as evidence that they had been disadvantaged by the reorganisation.

    The taskforce also linked the 2018 changes to challenges in crime prevention and national security.

    It noted that a significant number of APS officers were absorbed into the KPS, while the APS mandate at county level was largely reduced to protecting critical infrastructure.

    According to the report, the changes were contrary to the provisions of the National Police Service Act and weakened preventive and community-based policing, an area in which the APS had historically played a significant role.

    The taskforce said this had affected the ability of the police service to effectively prevent crime and manage security challenges.

    To address the rivalry and clarify responsibilities, the taskforce recommended changes to the command and staffing structure of the NPS.

    It proposed maintaining the distinction between the three services only up to the NPS inspectorate level.

    The three services are the Kenya Police Service, Administration Police Service and Directorate of Criminal Investigations.

    Beyond the inspectorate level, the taskforce wants gazetted officers to be designated as NPS officers without affiliation to any particular service.

    It also recommended that all gazetted officers undergo the same training and be subjected to uniform promotion standards.

    After completing the training, officers would be deployed to any of the three services depending on operational needs.

    “To remedy this situation and stem the sibling rivalry between the Kenya Police Service and Administration Police Service officers, the Taskforce has recommended the restructuring of the command and staffing in the NPS,” the report states.

    The taskforce said the proposed arrangement would create a more unified National Police Service while reducing competition and divisions between its constituent services.

    It also recommended increasing the number of officers in the Administration Police Service.

    The Inspector-General, in consultation with the Joint Service Board, would be required to establish additional formations within the APS to enable it to effectively perform its functions under Sections 10 and 27 of the National Police Service Act.

     

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    David Wafula

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