Kajiado County Inspectorate Service Act 2018 1

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SPECIAL ISSUE

Kenya Gazette Supplement No. I I A { Kaiiado County Acts No. 7 A)

REPUBLIC OF KE,NYA

KENYA GAZETTE SU PPLEM ENT

KAJIADO COUNTY ACTS, 2018

NAIROBI, 28th December, 2018

CONTENT

Act-
PAGE

tA
,T
The Kajiado County Inspectorate Service Act, 2018 .........1
,a

PRINTED AND PIJBLISI{ED BY THE GO\ERMI{ENT PRiNTER. NA]ROBI


THE KAJIADO COUNTY INSPECTORATE SERVICE ACT,2018
No.7A of2018
Date of Assent: l3th Decernber,20lS
Date of Cotnrnencenxent: 28th December,20l8
ARRANGEMENT OF CLAUSES
Clause
PART I _ PRELIMINARY
1 Short title.
-
2- lnterpretation.
3- Objects of the Act.
PART II _ INSPECTORATE SERVICE OF THE COUNTY
4- Establishmenl of the inspectorate serwice.
5- Powers and rcsponsibilities of inspectorate service.
6- Director of the inspectorate service.
7- Off icers of the inspectorate service.
8 Deployment of the officers of the inspectorate service.
9- Command of the inspectorate service.
10- Disciplinary control of the officers of the inspectorate service.
11- Trainin-e of the inspectorate service
12- Engagement of private secur-ity firms.
PART III * POWERS AND EXERCISE OF PO}YER BY
f OFFICERS OF THE II\SPECTORATE SERVICE
13- Servicc nurnber and badge.
14- Power of entry.
15- Porver to arrest.
16- Production in court.
17- Power to impound goods.
18- Por.ver to impound vessels.
19- Porver to impound animals.
20- Power to inspect.
2l Power to erect baniers.
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Sen'ice 2018
No.7A Kaiiado Couny'Inspectorate

22 Collaboration and cooperation.


-
23- TJn-approved buildings and structures.
24- Surcharge.
25 Service of notice.
-
26- Inspection rePorts.
27 Inspectorate records '
-
28- Protection from personal liability.
rl
29- County ProPertY.
30- Sur:render of public property on resignation, etc'

PART IV _ OFTENCES
31- impersonating an officer-
32- Obstruction of an officer.
33- General penaltY.
34- Arrangements with other public offices'
PART V _ MISCELLANEOUS PROYISIONS
35 Transitionai clause.
-
36 Fines.
37- Regulations.
SCHEDULES
i-)
FIRST SCHEDULE-RANKS AND SENIORITY OF THE
INSPECTORATE, SERVICE
THE
SECOND SCHE,DULE,-BADGES OF RANK AND INSIGNIA OF
INSPECTORATE, SE,RVICE
3
2018 Kajiado Countt, Inspectora,te Service No.7A

THE KAJIADO COUNTY INSPECTORATE


SERVICE ACT,2018
AN ACT of the County Assemtrly of Kajiado to
proyide for the estatrlishment of the inspectorate
service of the County Government of Kajiado and
to provide for its organization, operations,
functions, powers and for connected purposes
ENACTED by the County Assembly of Kajiado. as
[ollows-
r PART I_PRELIMINARY
1. This Act may be cited as the Kajiado County Short title

Inspectorate Service Act, 2018.


2. In this Act, unless the context otherwise lnterpretation

rcquircs
-
"animal" includes domestic animals, r,vild animals
and poultry.
"author-ized person" means any person wh have made
a request and such request has been approved
"board" mcans the Kajiado County Public Service
Board established under section 57 of Countv Goveraments
Act.
"compliance enforcement" includes action taken to
establish compliance of any requirement by a county 1aw
or, enlbrcing compliance of county laws and pursuing
punishment for committing an offence under a county law.
-
"constitution" means the constitutiron of Kenya as
arnended and repealed from time to time.
"county" rneans the county govemment of Kajiado,
and county govemmcnt shall have similar meaning.
"county assembly" means the county assernbly of
Kajiado.
"county cell" means a cell or a custody facility
maintained by the county for: the pulposes of holding in
remand any persons or any goods or vessels in
contravention of county 1aws.
"county chief officer" means the county chief officer
responsible for matters pertaining to enforcement of county
laws.
'oc.ounty erecutive committee member" means the
4
Kaj iado Caunty Inspecfarate Service 2018
No.7A

county executive committee member responsible for


matteis perlaining to enforcement of county iaws'
"County Governments Act" shall mean the County
-/
Government.s Act, act number of 2Al2 as amended fiom
time to time.
"county 1aw" means atry Act of the county assembly
of Kajiado or a subsidiary legisiation of a county law or
regulation made pursuant to a county iaw.
"county premises" means any building, iand and a\
open spaces Uitonglng or under the full control of the
inspectbrate servicJw[ich for purposes of this Act shall be
utiiized for purposes of holding any persons, goods or
vessels in custody or remand.
"county property" means rnovable and immovable
property belonging to the countY'
"county public service" shall have the same meaning
given to it u;der section 2 of the County Governments Act'
"county revenue fund" means the county fevenue
fund estabiished under section 109 of the Pubiic Finance
Management Act, 2A12.
"coufi" means a court of iaw with its jurisdiction
within the county designated to handle hear and determine
offences and other maiters arising from this Act and other
county 1aws.
"deputy govelrlor" means the Deputy Governor of the
county government of Kajiado. il
"director of public prosecutions?: means the Office of
the Dir-ector of Pubiic Prosecutions established under arlicle
I 57 o[ thc Constitution.

"governor" means the Governor of the County


Government of Kajiado.
"judicial service commission" means the Judicial
Servicl Commission established under article 171 of the
Constitution.
"Kenya wildlife service" means the Kenya Wflqili-
Service under section 5 of the Wildlife
"*tublirh"d
Conservation and Management Act, 2013.
"inspectorate service" means the InsPectorate Service
of the county government established under Scction 4 of
this Act.
2018 Kajiatlo Coutttt,fnrlru"ruror" Se*ice No.7A

"NEMA" means the National Environmental


Management Authority established under section 7 of the
Environmental Management and Coor:dination Act.
"national police service" means the National police
Service established under articlc 243 of the Constitution.
o'premise" means
any building or structure where a
regulated activity is undertaken or is about to be undertaken
but does not include residential houses.
"le-[ulated activity" means any activity, trade or
? business rvhose undertaking, a county larv requires
obtaining of a license, permit, approval or payment of
service fee, by or to relevant county organ.
"relevanl. county organ" means the organ or
department responsible for licensing, issuing permits,
collecting services fee or approvin,q an activity.
"road auth<;rity" means either Kenya National
Highrvays Author-ity, Kenya Urban Roads Authority or
Kenya Rural Roads Authority or any other agency r.vith the
mandate over any road in the county.
' 'ves sel' ' includes motor vehicles , motorbikes ,
bicycles and any other motorized or non-motor_ized vessel.
3. The objects of this Act is - Objects ofthe Act

(a) to provide for the establishment of an effective,


efficient and prol'essional inspectorate service of
the county that shall among others cnsure
t compliance urith counfy laws and any other lar,vs
rvithin the oounty.
(b) to provide {br institutional anJ 1ega1 framework
for the enforcement of the county larvs;
(c) to provide for the powers and responsibilities of
officers of the inspectorate service.
(d) give effect to the provisions of arlicle 187 of the
constitution that require the county executive
committee to implement county laws and to
implernent within the county national legislation
to the extent that the legislation so requircs.
(e) give effect to the provisions of arricle 189 (l) (b)
of the constitution that require the county
govemment to assist, support and as appropriate
implement legislation of the national government;
qnA
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No.7A Kaj iado Caunty Insp ectarate Service 2018

(f)establish, pursuant to arlicie 187 (2) of the


constitution, an inspection mechanism so as to
ensure the effective performance and exercise of
powers conferred on the county govemment
under part 2 of lhe fourth schedule of the
constitution.
PART II_ INSPECTORATE StrR.VICE OF THE
COUI{TY
4. (i) There is established an Inspectora{e Service of Estnblishment of
inspectomte sflice
the County.
(2) The Inspectorate Service shall be a Directcrate
of the County Public Service.
5. (1) The Inspectorate Service shall be responsible Powers and
responsibility of the
{br- inspectorate seryice

(a) enforcement of compiiance r'vith the county laws


and rcgulat ionsl
(b) cary out inspection within the county to ensure
compliance 'rvith set standards in respect of the
funciions of the county government as specified
under parl 2 of the fourth schedule to the
constitution:
(c) r,vith the concurrence of the relevant road
authority, regulate and control traffic on public
roads within the county and keep order and
prevent obstructions and encroachment to public
places; r\\
(d) provide security sewices to cognty propefiy:
(e) carry out inspection for compliance rvith trade
licenses, permits or any matter provided under
County lalvs or other applicable iaws;
(1) ensure enforcement of barier cess, loyalties,
setvice fee and iand rates collection;
(g) in conjunction rvith the national pollce service,
prevcnt occuffence of crime in the county; and
(h) perform any other duties as may be plcscribed by
this Act or any other law frcm time to time.
(2) In carrying out its r:esponsibility, the inspectorate
service shall execute its mandate independently and shall
stdve for the highest standards of discipline, prevent
cormption and promote and practice the highest standards
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2018 Kajiado Courtty Insper:torate Service No.7A

of profes sional is m, transparency and aocountability .


6. (1) The inspectorat{e setvice shall be headed by a Diretm of the
inspectorate sewice
director appointed by the board in accordance with the
county act and any other applicable lalv.
-qovernments
(2) The director shall be responsible for-
(a) effective and efficient day to day operations o[
the inspectorate service ;

(b) day to day administration and management of the


inspcctorate scrvicel
7 (c) foster cooperation and collaboration between the
inspectorate service and relevant agencies in the
execution of the f'unctions of the inspectorate
set'v icc:
(d) implementation of policies and policy directions
of the inspectorate service;
(e) prepale budget and plans for the inspectorate
service;
(l) management of complaints br:ought under Section
2l(7) ot this Act
(g) perform any other lunctions as rnay be erssigned
by any written larv.
(3) The director may issue administrative lrrders for
the general control, direction, and coardination of the
county security services.
(4) The director may perform the functions or exercise
- the powers of the office in person or Jnay delegate to an
officer subordinate to him.
(5) A delc-eation under this Act-
(a) shall be in writin!;
(b) shal1 be subject to any conditions the dir-ector
may impose;
(c) shall not divest the director of responsibiiity
concerning the exercise of the powers or the
perfbrmance of the duty delegated;
(d) may be withdrar'vn, and any decision made by the
person so delegaled may be rvithdrarvn or
amended by the director.
(6) The director shall be accountable to the county
chief olficer in performance of the duties under this Act.
I 2018
ate Serviee
Kai iado County Insp ector
No.7A
service shali l"'$::'::ili5"'*
(1) The officers of the inspectorate
7" r'vith the County
be appoinlea uy *'e'Liuta"in ""otdance
other applicabie law'
Governments Act andany
consist of the ranks
(2) The inspectorate service shall.
and seniority as specified
in the first schedulc'
the County Gazette
(3) The Covcmor shall gazette in
pcrsons appointcd to hoid
or Kenya cazctte rhi',ames'o[
plJ-#t i"i.*'"att"p*fiai of tire First Schedule'
sha11 r'vear badges of
(4) The oiTicers of the servlce
rank and insignia "t
-p"tli*O in the Second Schedule'
serrrice shal1 be ffil:1":?11,:t
g. The ofticers of the inspectoratewith Section'12 of inspectorateservice
deoloyed urro ,"-a"ii;y"d;-^;.dance
tnJdorn,}, Governmcnts Act' rr -, ^
of inspectorate service tn"tl*:t i;:I'l'#:,:[1i""
9. An officer the
in respcct o[ the cxccution ol
and cxecute all larifui ordcrr
the duties of the ;iticJ'ffi"il
;^y f,rom time to time be
received tiom their supenofs' . ,1- ^ r)iscinlinary contrel
thc
lhe olliccrs in ll]':[:;iiJ"';'
10. The disciptin"y aclionin o['accort.litnce rvith thc rhr:n'Pc(lorJrr
inspector.at" ,a*i.a strail
bc
anolicablelalvs,humanresourcep-to"*attt"tandanystrvree
IJguir,ionr made by the board' ._Lri.r. artr rririi, Fsoiihc
11.(t)Thginspectorateservicemayestablishandi^i],".;1,1''-"u=
maintain a lrarnrng iacility
[or pu,1-,ns"* br training and
J"u"lopment or the officers
of the
continuous
"upu"ilv
insPectoratg sofllce' I

may collaborate' with


(2) The inspectorate service n'aining
pi"'iac to its off,icers'
othcr traini"g i";t'u;ii;"'L
12.(l)ACounrvCovcrnmenrdeparrmctl:l::t::v-:X::''Jl:::iil1]-'
providcr to perlorm any
shall not pro.r,."o- fiiy"t.
sccu1l-11

securitv function *ltflio the county where the inspectorate


:#;it "^P'ur" of Providing securitY'
(2) A private pl'o.vid?'may cnly be procured
coun'v Govcrnmenl with
hy a dcpart*tn"i'ti;;;i ;iir't
'""otity
ol the County Exccutive
thc concur.n.""rnC--appro'at that the services of the
Committee *noJi'*i' ii"tiO"t"AaJequate to provide the
inspectorat" i'iir oot be
service.
'"""it"
oF PowER
PARr rII PowERs 4\g.PlERcIsE
- SPBCT ORAT E SERVI
CE
BY OFFICERS"Ofli;E.iIT
13.(1)Thecountychiefofficershallensure.thatil:;...',un,o.',,.d
-*" inspectcrate ser-"i"e is issuerl with a
evory cfticer of
9
2018 Kajiado County In tpectarate Service No.7A
lbolpr:oof selvice number and official badge.
(2) An officer of the inspeclorate service shall at ar1
times in the course. of duty can.y thcir badge, unJ ,fr*
required display their service nudber, ll, prooi of identity.
14. (1) An officer of the inspectorale service Powa cf entry
may, at all reasonable times, enter upon any premises
or
place in which there is a reasonable gr.bund to ubheve
that a
rcgulated activity is being uncletaf,en in contravention
of
the larv, for the pulpose of compliance enlLorcement.
? (2) If an officer acring under subsecrion (1) is
satisfied that a regulatecl aciivity is takin_e plu.e'-o. i,
about to take place contrary to a 1ar.vfu1 ,"{uir"*"nt,-tfri
officer may order immediate stoppage of 'the ,"g"i-,"d
activity.
(3) An officer of the inspectorate service may
appiy
to . cou't lor a wan'anr to L'nrcr', inspect and iirp,irini
goods in any premises where there is reasonable
suspicion that an activity is about to or being ono*rtur*
contrary to any county laws and rvherr: enFy has been
relused.
15. (1) Subject ro arlicle 49 of rhe constirution, an Pows to a[est
officer r'vho has reasonable ground to believe that' an
offence has been committed oi is about to be committed
undcr any county larv. may at.rest
(a) The person committing or r,vho is about to
commit the off-ence;
T (b) Where the o{fence relates to a regulated activity:_
(i) the proprietor of the activity; or
(ii) an employee of the proprietor; or
(iii) any other p",rroi r.vhom the olI.icer reasonablv
believes that is involved in the execution of th!
activity.
(2)An officer may use reasonabre force to execute
arrest, r,vhere a person rvhom is believed to have commiffe;
a crime or is about to commit a crime under uny
resists an arrest. "o;;i, il;
(1) Where an officer al:rests any person under
- 16. 16, fhe
Section
Prcxtuctionincorirr
officer shalr immecliately'pt r"nl ,rr"
arrested person to a county celi or the nearcsipoiire
station.
(2) The oflicer shalr then recorcl a statement with the
poiice anii shali procure to have the arrested o"rron
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Inspectorate Service
2018
Kai iado C ounty
I{o.7A

produced in court within 24 hours'


t7, (1) Wher:e an oflicef of the inspcc{oIate service Il;;"."' u"'"'"0
a pcrson is qaAlq-11
has reasonable grounds to believe that
may rmpound
soods conffary lo any counly lau" {he olficer
at a county cell.or
il,h";;;;-;rd.urr" them to be stored
p*mises until the person- involved compiies rvith
"""*y
the law br the case against him is determined
by court'
(2) An officer who impounds on any goods '!'llti:::
a fuli inventory thereof to be made at the ttme
ot sucn
imPounding' 'i
:--^.^^--.^r^,i r'cr
(3) Any goods impoun{e{ that.are subject to raprc

a""uy-rt'utt ue iisposed of rvith the authoritf :l:::]l


Tit-1l
iull inventory has been taken and any other records ot
me
to court'
same inctuding photographs submitted
(4) Sub-section I shall not precludc the relcvant
countv department or agency from dealing - rvith
the
by
i*p",i.a.igt"i-. i. utty Jtn"i*anner permitted order
of ihe court or bY anY other larv'
Power to imPound
shall
18. (l) An officer of the inspectorate service has
vessels
that been
have the power to impouncl any vesscls
manner contrary to any county
;;;k"J;t'controlled inofa prescribed parking fee'
iuru o, rvithout payment
or
(2) An officer may impound any vessel by clanrping
towing it to the nearest county premlses'
lg.Anoff,iceroftheinspectorateservicehastheffi|ni".oouna
to anv
power to impound any animal that is kept contlary
county law. a' 'f)')
20. (1) An officer may stop any per.son *hoT^.tl:
Powertoinspect

o{"t-iccr .ui n"rr", doing or iuspects


o[ doing any .act tn
contravention ol' .orniy law or being in...possession 9f
certiticate or pass ls
;;ililir;i;r which a peimit, license'or
,"q"i;d under uny: iot'nty 1aw and has no such permit'
license or certificate.
(2) A person who fails to produce a license' permit'
certilicate or pass *itt'it' forty-"i*6t hours when of the
cailed
t" do so,. may -be ot'"it*d !v ot' officer
"p""
inspectorate service without a warrant'
(3) An officer who abuses the powers under this
section commits an offence'
21. (1) Notrvithstanding the pr:ovisions ol'any other' ;il':-f '*"
law, the director may, if he oi she considers
it necessary to
r-

11
No.7A
2018 Kajiado County lwpectordte Sewice

{br the
do so for the compliance of iaw and orderanorofficer of
ilrp".t'i* or: detecttn of o"y offence' ordel
to or place ban:iers in or
the inspectorate seiice erect.
;;,-";; ;;y public road or street or in any public piace'
take all
(2) An olTicer oi the inspectorate service may
from being driven
leasonable steps to prevent trny vessel (1)
past any balrier, *r"tt"d putt'-*t. to subsection
u-od
1
signal
,,"rson rvho fails to co"ipfy with any reasonable
thc pcrson t:"slo!
Iir." ut an ofllccr in unilorm requiring an orlclrcc
it . vesscl bcforc thc hatricr, comnxts
-rt1 punishable under this Act'
(3) The director shall from time to time maintain
(1) and the
,""ori, of all Uarrieis erected under subsectionrecord to the
reasons thereof ,rJ-tf'uif submit a dupiicate
county chicl o[[icer.
(4) The records referred in subsection (3) shall state
be open for
the riasons tbr laying the barriers ancl shall
inspection by authorized persons'
(5) The director in consultation i'vith counly executive
commitlee memUer- itt"" gui<le1ines on erection of
bar:riers.
'hull
or place
(6) Where the director has oonsidered to erect
road' the director
barriers on any roa<l other than a countv"the
road authority
shall do so with the concurence o[
."rpooriUf" for such road ancl the national police ser-vice'
(7) The members of the pubiic may lodge. complaints
,"goriing any barlers erected or based by the county or
inspec-t3rate
7
;;ili". i,ittr"tr,* ciirector or any other rclevant
national government author:ities'
has
(8) The person or authotity to which a complaint
been lodged Gfi determine the the complaint and

.o**oni"ite the- decision so made to complainant


;""ith* ia days o1'receiving such complaint'
Cooperation md
22. (1) The director may tonrrally,en'uagc"1T,1-3."y collabomtion

enter into a lvorking agreement with the


tollowrng
agencies:
(a) National Police Service;
(b) private security firms rendering their serrriccs
urithin the countY;
(c) relevant road authority or authorities;
(d) Ken5'a Y/ildlife Sen'ice;
t2
No.7A Kajiado County Inspectarate Service 2018

(e) NEMA;
(r) Kenya Revenue AuthoritY
(e) Judicial Serrrice Commis sion
(h) Directorate of Fublic Prosecutions
(i) any other public or private agency in the county'
{2) A r,vorting agreement r'vith the national police
service shall provide for inter alia:
(a) the rnanner and extent to r'vhich the inspectorate
service shall assist the national police ser"uice in
implementation of national legislation;
(b) the manner and terms of deployment of officers
of the national police service to the county to
assist in the eiecution of the functions and
powers of the inspectorate service;
(c) provide for such other matters as the inspector
gener*l anrl the director may deem appropriate'
(3) A rvorkittg agrecment rvith any roads authority
shall providc iol. t'he iranncr r'hich any b.n'ie's will
bc
erected or placed on any road under the direct managemenf
of that road authoritY.
Un approved
23. (1) It shall be unlawful for any person t9 9I""1' building md

huiid estabiish or keep any structure, building' shed' kiosk


structues

or any other structure whatsoever or tbr r'vhatever pulposo


;; ; ,*lopprou"cl site rvhether on public or private land
rvithout approval of the county government'
(2) Where it has come fo the attention of the county
gor"ir*"nt that there is or there are such strucftrres
i-rentioned in subscction (1) r'vhich have been plt'
adopted'
constmcted or erected without the approval ofthe county
gor"rn*".rt. the county government shal1 give the owner or
8.""pio of such struJturc seven (7) days' the notice to
Oemolish the strttcture or obtain the approval of
county
government.
(3) the orvner and/or occupiet does not demolish or
If
obtain applovals within seven (7) days' the county
government may demolish such str-uctures and surcharge
the owner or occupier of such stmcture the costs of
dcmolition.
24. (1) The surcharge under section 23 (3) herein
Surchrge

may be added to rates puyift" by rent and or be recovered


by the county sovernmenf as a civii riebt subject to a

-
13
2018 Kajiado Coune Inspectorate Serviee No.7A
seryice of notice.
(2) An invoice raised by the county government shall
be prima facie evidence.o.f expenses incluned Oy .ounty
government for the demolition.

. - 25. - Any notice required to be given under this


shall be deemed to have 6een served if]
Act Serviceornorice

(a) served upon the owner;


(b) servedupon the occupant;
? (ct it is placed on a conspicuous place of the
structure or buildings; or
(d) it is advertised in print and elcctronic mcdia.
26, An officer of the inspector.ate service who carries lnsT,ection reports
out an inspection under this Act. and who finds
noncompliance rvith any matter provided by county larvs
or
any relevant lalv, shail mai<e u p."iiminu.y rcpofl
immediately upon completion of the inspectitn i; u
prescribed lormat, a copy of which sha11 be retained in
the
premises.

. 27..
dutl
(.1) Every ofllcer of the inspectorate service on
shall kccp a record in such a lorm as the dircctor.mav
Insprctonte records

direct and shail recorri ther:ein all complalntr, rrg;,


"t
prclerred, names of all persons arrested ur',d c"r..iption-of
items impounded and the offences rvith rvhich .t r.g* t,ur"
bcen preferred.

T . (2). A .copy oj
subsection 1, certifiedlny
en{ry in a record kepr under
under ihe ha,d ol- an ofti... in
charge to be a rruc copy shall be ldmissible in cridcnt.c
ol
its content in ali legai proceedings and rvhere a copy of un
qntry purports to bc so certifie( it sha[ be presumed until
the contrary is proved to be so certified.
28, No matter or thing done by an ollicer of the hotection frcm
inspectorate seruice sh:rll, if the rnattei or thing is done in personal liability

good faith and rvithin the larv ibr the perfoirnance and
exccution o{' the functions, powers oi du(ies of tfr"
inspectoratc se.ice, render the officer personalry liable
to
any action, claim or demand r,vhatsocver.

..Unie.ss
specifically aulhorized by regulations, no Comty property

9ffi9*.r of.the inspectorate shall be enritled tJkeep or'.,r"


for his private benefit any item that has been suppli"a i"
him at the public cxpense, but he or she shail hold
r
such item at the older ancl disposal of the Counry. "u".y
t4
No.7A Kaj iado Cou*ty lnspectorate Service 2018

30. (l) An officer of the inspectorate service r,vho is Surender of public


preperty on
dismissed from oounty public service, or resigns liom resignation

office, or otherr,vise leaves the service of the county, sha1l


forthr.vith deliver over to their immediate supervisor or
person appointed fbr that purpose every item i.vhich has
been supplied to him or her and which he or she has not
been expressly authorized to keep or use for his private
benefit.
(2) Any person r,vho -
(a) iails to comply with subsection (1); or
{
(b) returns such property in a damaged condition, the
damage not being attributable to the proper
discharge of his or her duties as an officer of the
inspectorate service, commits an offence, and shall
be liable on conviction, rvhether or not any penalty
is otherwise imposed, for the cost of replacing such
propefiy, or, as the case may require, for the cost of
repair, and such cost shall be recoverable by the
county through appropriate mechanisms, and shali
be a debt due from such person to the County.
PART IV_OFFEI{CES
31. (1) A person other than an off,cer of the Impersonatingm
orncer
inspectorate'service who, without the written authority of
the director-
(a) puts on or assumes, either in rvhole or in part, the
uniform, name, designation or description of an
Inspectorate officer, or a uniJorm, name or {'
designation ,resembling or iilended to resemble
thc uniform, name or designation of an officer of
the inspectorate service; or
(b) in any way inrpersonates an officer of the
inspcctorate service lbr any pulpose rvhich hc
would not by law be entitlcd to do of his or,vn
autholity commits an offence and shall be liable
on conviction fo a fine not exceeding one miilion
shillings or to a term of imprisonment not
exceeding tcn years, or to both.
(2) Notwithslanding subsection (1) a person may, with
the written apploval of the director, use the uniform of the
inspectorate service for artistic pulposes.
32. (1) No person shall obstruct or hinder, or Obstruction of
ofhcer
u
Lnnrrrinulr, mrlre e fqlqe nr rnirl,r,rdino clclemr.nl ln:rn
15
2018 Kaj iada Caungt lrtspectorate Set"vice No.7A

ol'{'icer of the inspectoratc service r,vho is carrying out duties


under this Act.
(2) Any person r'vho
(a) assaults, resists orivilifuliy obs{ructs an officer of
the inspectorate service in the due execution of
the officer's duties;
(b) assaults, resists or r,vi1lflr1ly obstructs any person
acting in aid oi an officer of the inspectorate
servlce;
.7
(c) attacks an animal beionging to the inspectorate
service, or
(d) intentionally or recklessly, destroys any items
belonging to the inspeotorate service, - commits
an offence and shall be liable on conviction to a
fine not exceeding one hundred thousand
shillings ol to imprisonment for a term not
exceeding one year, or to both.
33. Any person who is convicted of an of nce Genmal penalty

under this Act for which no penalty is prescribed shal1


upon conviction of that oifunce be liable to a fine not
exceeding shillings 50,000 or to imprisonment lbr a tei'm
not exceeding one year or to both.
34. Thc gcvernor or the county executive AnmgemenLs with
other public offices
committee member with the approval of the governor shali
put in place ar-rangements rvith-
(a) The office of the director of public prosecutions
lbr the purpose of facilitatingl'prosecution of
those who contravene county laws;
(b) The judicial servicecommission tbr the pulpose
of allocation and designation of magistrates to
adjudicate on criminal matters arising front
county larvs and the tr:ansmission of fines paid
by those convicted o{ county offences into the
county revenue lund;
(c) The relevant public authorities deaiing with
ma.tters of incarceration of criminal suspects and
convicts;
(d) the cooperation between the inspectorate service
and the community policing forums and
committees in the County established under
Section 96 oI the national police service act.
t6
f{o.7A Kajiado County Inspectordte Service 2018

PART V -MISCELLAI{EOL]S PR.OYISIONS


35" All persons who immediately betbre the Trmsitional clause

comrnencement of this Act were serving as enforcement


officers or persons engaged in serrrice of thc county on
permanent and pensionable tefins 3s watchmen or
inspection ollicers shall upon commencement of this Act be
cleemed to be olficers of the inspectorate scrvice and shall
continue to serve on the same terms as the ofllcers r'vere
serving before the commencement of this Act.
36. A11 fines imposed ancl recovered by a court from f
an offender shall be paid to and collected by the county
govefililtent as revenue.
37,Subject to appraval by the County Assembly, the
County Executive Committee Member may through the
County Executive Committee make regulations to:
(a) firrther prescribe and regulate the conduct
of officers of the inspectorate seruice;
(b) faciiitate the implementation of this Act.
FIRST SCHEDULE {s.7(2)}
RANK AND SEI{IORITY OF THE INSPECTORATE
a) Gazetted Officers
i. Director of County Inspectorate;
ii. Deputy Director of County Inspectorate;
iii. Commandant;
iv. Senior: Superintendent: {
v. Superintendent;
vi. Acting SuPerintendent;
b) County Inspectorate Officers
i. Chie{'Inspector;
ii. Inspector ;
iii. Acting Inspector;
c) Other County Inspectorate Officers
i. Scnior Sergcant;
ii. Scrgeant;
iii. Corporal:
iv. Constable
17
2018 Kaj ia da County Insp ectorate S ervice No.7A

SECOI{D SCHBDULE {s.7(4)}


BADGES OF RANK AI{D INSIGI{IA OF THE INSPECTORATE
SERVICE

KAJIADO COUNTY INSPECTORATE BADGES OF


RANK AND INSIGNIA
Director County lnspectorate
Ceremonial Workino
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No.7A Kaj iado County Insp ectorate Service 2018

C$unly Commander
Ceremonial Working

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2018 Kaj iado County Ins pectorate Service No.7A

Sl,;ilt: ir:ter.,J*r''i Chief lnspector I Chief


Security lnspector

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lnspedtr I Securily Ar*ing laspdor / Acting Security


lnWdor lnspecttr

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No.7A Kaji ado C ounlt Inspectorate Sen,i ce 2018

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SERGE.A.NT

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