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Frequently Asked Questions - NPSC

FAQs - NPSC

Vetting refers to finding out about a person’s past life and career in order to decide if the person is suitable for a task.
There are two types of vetting; Employment Vetting and Transitional Vetting.

  • Employment Vetting is the vetting of candidates who want to join an institution and are applying for a specific position.
  • Transitional Vetting is the vetting of all serving  staff within an institution, in order to identify those that are not suitable or  competent for the service and need to be removed.

The vetting process being carried out by the NPSC is described in the National Police Service
( NPSC) Vetting  Regulations, 2013.

The NPSC Act stipulates that all officers of the National Police Service need to undergo vetting to assess their suitability and competence and can only remain in the Service when they pass the vetting..

  • All the commissioners of the NPSC.
  • Co-opted members of the society with distinguished service in both public and private sector. Commission (NPSC) is the institution tasked to carry out the vetting
  • Build confidence and trust in the National Police Service;
  • Ensure that the Service complies with Chapter Six of the Constitution and the principles of public service as set out in Article 232 of the Constitution and in the Public Officer Ethics Act.

All officers of the National Police Service shall undergo vetting (NPS Act Section 7(2)).Those who fail the vetting shall be discontinued from serving as per the NPS Act.

The vetting shall be conducted starting with the senior most officers, Deputy Commissioners of Police to the Police Constables.

The vetting is a one off exercise but this does not preclude disciplinary action being meted out by the NPSC as need may arise.

No, various reports on corruption have always listed the police service as the most corrupt institution. It is therefore important to interrogate how the officers acquired their wealth in line with Article 232 of the constitution and the Public Officers Ethics Act.

The commission also attributes equal importance to other vetting criteria particularly human rIGhts records. However, it can only interrogate these issues if the allegations made and evidence adduced as recorded are specific

No. The Inspector-General (IG), the Deputy Inspectors General (DIGs) and the Director, Directorate of Criminal InvestIGations (DCI) are not subject to the transitional vetting process. The four underwent Employment Vetting during their recruitment process which was more rIGorous than the transitional vetting. The positions were not there in the old constitution or the repealed Kenya Police Act or the Administration Police Act.

Yes, Section 7 of the NPSC Act. Stipulates that the commission shall do the vetting, members of the same include the IG and the DIGs. (Section 246 of the constitution)

The NPSC vetting regulations (2013) require that ‘ANY MEMBER OF THE COMMISSION WHO HAS A CONFLICT OF INTEREST’ must not take part in deliberation of a vettee.

Members of the Commission and co-opted members who will assist the Commission in the review process.

Yes, a review is done by the person or persons who gave the decision. A review is allowed in the following grounds;  
a. An error on the vetting forms or records
b. If a vettee comes up with new evidence.
c. For any other reason which is found to be just.

Yes, officers discontinued from the service may seek a review of the decision from the commission and the commission may reverse or confirm the decision.

  • All officers of the National Police Service shall undergo vetting, individually;
  • The vetting process shall be implemented consistently and the same procedural principles shall be applied in all cases;
  • Vetting shall be done in accordance with the values and principles set out in Articles 10, 27,47, 50 and 232 of the Constitution;
  • Vetting shall take into account the need to protect national security as defined in Article 238 of the Constitution of Kenya;
  • The Commission shall be guided by the principles and standards of impartiality, natural justice and international best practices;
  • The vetting process shall not be bound by strict rules of evidence and the proof applicable shall be that of a balance of probabilities;
  • Vetting shall be done in a transparent manner allowing for the person undergoing vetting to know and assess the information that has been used by the Commission to reach its decision

The vetting process shall be open to the public. The Commission may decide to hold some proceedings in camera in order to protect the rIGht of privacy of any person in the vetting process or if it is in the interest of justice or national security.

An officer subject to vetting may apply for the proceedings to be held in camera on any of the grounds listed in the NPS Vetting Regulations and the Commission shall determine whether to grant such application or not.

In vetting an officer, the Commission shall consider, assess and determine their suitability and competence guided by the following:

  • Whether the officer meets the   constitutional or other criteria required by law for recruitment and appointment of an officer;
  • The past record of an officer including conduct, discipline and diligence;
  • The integrity and financial probity of the officer; and
  • The human rIGhts record of the officer

Competence and suitability of an officer shall be determined based on the officer’s record, conduct and performance in the present post and in any other previous position. The Vetting Panel may make other observations as appropriate.

The Commission may establish such number of panels comprising of its members and co-opted persons, as the Commission may determine.

The decision whether an officer passes or fails the vetting is made by members of the commission only. Co-opted members of the panel do not take part in such decision.

The Commission and the vetting panel may sit at such times and place, as the Commission or the panel, as the case may be, shall determine.
However members of the panel would be advised on the time and place.

  • A self-assessment form as prescribed by the Commission;
  • The officer’s national identity card
  • The officer’s certificate of appointment;
  • Academic certificates;
  • A duly completed declaration of income, assets and liabilities;
  • Bank statements for the last two years of all bank accounts (personal and business) that the officer, his spouse(s) and dependants under the age of 18 maintain;
  • A certificate of tax compliance; and
  • Any other document that the Commission shall deem fit and necessary for the furtherance of the vetting process.

Where an officer willfully refuses to submit to the vetting process by failing to appear before the Commission for that purpose or by failing to obey an order of the Commission in respect to the vetting process with the result that the vetting process becomes compromised or impaired, the Commission shall treat such officer as having failed the vetting process and shall remove the officer from the Service.

An officer who is subject to vetting under the Vetting Regulations may decide to voluntarily retire from the Service before the officer is vetted and shall inform the Commission of such decision in writing.
An officer who has voluntarily retired under The Vetting Regulations shall not  be vetted. And be removed from the service.
Where an officer has voluntarily retired, the officer shall be given his dues as per the prevailing labor laws.

An officer who is subject to vetting must fully and truthfully supply all information required by the NPSC.

Any Officer undergoing vetting, who provides the Commission with false or misleading information commits an offense and is liable to a fine not exceeding of Kshs. 200,000/= or imprisonment for a period not exceeding 2 years, or both. (NPSC Act 2011, Section 25). Such an officer may also be removed from the Service.

Any person (including Police Officers) who gives false or misleading information about a Vettee commits an offence and is liable to a fine not exceeding of Kshs. 200,000/= or imprisonment for a period not exceeding 2 years or both. (NPSC Act 2011, Section 25).

No. Disciplinary proceedings are independent of the vetting process. The Commission is mandated, by Article 246 (3) (b) of the Constitution to exercise disciplinary control over and remove persons holding or acting in offices within the National Police Service.
The Commission can exercise these powers independent of the vetting process.

  • There are Vetting regulations that guide the vetting process
  • The Commission notifies every vettee on the issues brought against the vettee. The vettee is given the chance to address these issues before the actual interview takes place.
  • The interview is conducted in public thus transparency and integrity of vetting is assured
  • Officers that are discontinued from serving are given detailed reasons in writing.
  • Allegations made against the vettee are duly investIGated by the Commission to establish the veracity of the same.

 

No. Vetting is one of the tasks of the commission. The mandate of the commission is very broad as provided under Article 246 (3) of the constitution, which includes Recruiting and Appointing persons in the Service, Promotion, Transfers, Exercising Disciplinary Control over and removing persons within the National Police Service.

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