Parliament eyes changes to clarify roles in police service

National Assembly Committee on Administration and Internal Security chairperson, Gabriel Tongoyo, has indicated plans to propose amendments to the Constitution to resolve what he described as overlaps between the National Police Service (NPS) and the National Police Service Commission (NPSC).

Speaking during a joint dialogue between the NPS, development partners and the parliamentary committee at the National Police Leadership College in Ngong, he said constitutional ambiguities have been a major source of conflict between the two institutions, especially regarding recruitment, command and discipline.

“We have noted that Articles 245 and 246 of the Constitution have caused friction between the Inspector General and the National Police Service Commission. This overlap has been challenging, and we believe that, at some point, it will be necessary to review these articles to bring clarity,” he said.

Tongoyo noted that the committee is exploring legislative measures to clearly define the roles of each institution, emphasising the aim is not to weaken oversight but to enhance efficiency in service delivery.

“We must recognize the unique nature of the police. This is a uniformed, disciplined and armed force, so it cannot be treated like other sectors managed by civilians. The Inspector General, as the commanding officer, must have full control to maintain discipline and enforce authority within the service,” Tongoyo said.

His comments come amid ongoing debate over who should have the final authority in the recruitment and management of police officers.

The NPSC has frequently clashed with the Inspector General’s office over human resource functions, including promotions, transfers and disciplinary actions.

 Interpretation of the law

The lawmaker confirmed that the committee had previously written to the Inspector General seeking a formal interpretation of the constitutional provisions defining the functions of both offices. He said the committee would collaborate closely with stakeholders, including the Ministry of Interior and the NPSC, to find a lasting solution.

“Our goal is to help the National Police Service transform into a responsive, accountable and people-centered institution that meets the expectations of Kenyans. We had a robust discussion addressing legal and administrative gaps that hinder this transformation,” said Tongoyo.

Inspector General of Police Douglas Kanja noted the meeting was part of ongoing efforts to guide Parliament through the NPS’s reform journey, which has been underway for several years.

“We have been engaging many stakeholders, including the UNDP, to strengthen our reform initiatives,” he said.