inherent in or incidental to lawful sanctions. (2) Despite subsection (1), until after the first general elections under the Constitution, references in this Act to the expression “Cabinet Secretary” shall be construed to mean “Minister”. 3. Object of Act The object of this Act is to give effect to the provisions of Articles 238, 239, 243, 247, 244 of the Constitution. PART II – COMPOSITION, FUNCTIONS AND POWERS OF THE SERVICE 4. Composition of the Service (1) The National Police Service shall consist of such maximum number of officers as shall be determined from time to time by the National Security Council in consultation with the Commission. (2) The Service shall consist of the ranks set out in the First and Second Schedules. (3) Police officers shall have seniority according to their position as set out in the First and Second Schedules. 5. Gender, ethnic and regional balance The composition of the Service shall, so as far is reasonably practicable— (a) uphold the principle that not more than two-thirds of the appointments shall be of the same gender; and (b) reflect the regional and ethnic diversity of the people of Kenya. 6. Deployment of the Service (1) The Service shall be deployed in Kenya for the performance of the functions specified in the Constitution, this Act or any other law. (2) The National Security Council may, in case of an emergency, deploy the Service or any part thereof in the defence of Kenya. (3) For purposes of deploying the Service in case of an emergency under subsection (2), the procedure under Article 58 of the Constitution shall apply. 7. Members of the Service (1) All persons who were immediately before the commencement of this Act, officers or employees of the Kenya Police Force and the Administration Police Force, established under the Police Act [Cap. 84.] and the Administration Police Act [Cap. 85.] respectively, including officers working with the Criminal Investigations Department, shall upon commencement of this Act become members of the Service in accordance with the Constitution and this Act. [Cap. 84, Cap. 85.]
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No. 11A of 2011[Rev. 2012]National Police Service [Issue 1] 12 (2) Notwithstanding subsection (1), all officers shall undergo vetting by the Commission to assess their suitability and competence. (3) The Commission shall discontinue the service of any police officer who fails in the vetting referred to under subsection (2). 8. Command of the Service (1) The Service shall be under the overall and independent command of the Inspector-General appointed in accordance with Article 245 of the Constitution and the provisions of this Act. (2) The Inspector-General may perform the functions or exercise the powers of the office in person or may delegate to an officers subordinate to him. (3) A delegation under this Act— (a) shall be in writing; (b) shall be subject to any conditions the Inspector-General may impose; (c) shall not divest the Inspector-General of the responsibility concerning the exercise of the powers or the performance of the duty delegated, and (d) may be withdrawn, and any decision made by the person so delegated may be withdrawn or amended by the Inspector-General.
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