NAIROBI, Kenya — The Employment and Labour Relations Court has nullified the recently planned nationwide police recruitment, ruling that the National Police Service Commission (NPSC) has no constitutional authority to preside over the exercise.
Delivering judgment on Thursday, October 30, Justice Hellen Wasilwa held that the power to recruit, train, and deploy police officers lies exclusively with the National Police Service (NPS) under the direction of the Inspector General of Police (IG).
“A declaration is hereby issued that the recruitment by the national security organs under Article 232 of the Constitution can only be done by the national security organ itself and not by any other entity outside it,” Justice Wasilwa ruled.
She further issued a permanent injunction barring the NPSC from proceeding with any recruitment-related activities, including the advertisement published in the Daily Nation on September 19, which had announced plans to begin the recruitment on October 3.
Justice Wasilwa faulted the NPSC for acting outside its constitutional mandate, observing that the Commission’s role was limited to administrative and oversight functions, not operational matters.
“The recruitment, deployment, and dismissal of officers fall squarely within the Inspector General’s authority. Any interference with this process would undermine the IG’s independence,” she said.
The ruling cited Articles 232, 239, and 245 of the Constitution, which delineate the respective mandates of the NPSC and NPS. While the Commission handles human resource and disciplinary oversight, the NPS — through the IG — is responsible for command, training, and operations within the service.
The court decision follows a petition filed by John Harun Mwau against Police IG Douglas Kanja and the NPSC. Mwau argued that the recruitment could not proceed amid ongoing disputes between the two institutions over payroll management and command jurisdiction.
On October 2, Justice Wasilwa issued a temporary injunction halting the exercise pending the outcome of the petition, directing the respondents to file their responses within seven days.
In Thursday’s final determination, the court found that the NPSC had contravened constitutional provisions and acted ultra vires — beyond its legal powers.
The judgment underscores the persistent tension between the NPS and NPSC over control of recruitment and internal administration — a debate that has recurred since the enactment of the National Police Service Act (2011).
Legal analysts note that the decision could have far-reaching implications for security sector governance and the ongoing police reforms agenda, which seeks to clarify command structures while upholding accountability.
By reaffirming the Inspector General’s operational independence, the court has effectively curtailed the Commission’s involvement in day-to-day policing functions, signaling a renewed push for institutional clarity within Kenya’s security framework.
