NAIROBI, Kenya – The National Police Service Commission (NPSC) has asked the Employment and Labour Relations Court (ELRC) to throw out a petition contesting its authority to oversee police recruitment, arguing that the court has no jurisdiction to hear the case.
In a replying affidavit dated October 9, 2025, and filed through its litigation counsel Chebet Koech, the commission said the petition and a related application lodged on September 30, 2025, are legally misplaced. The NPSC is listed as the third respondent in the matter.
Koech told the court that the petitioners had “misconstrued the law” and ignored the constitutional framework that established the NPSC as an independent body responsible for human resource management within the National Police Service (NPS).
She argued that the case falls outside the ELRC’s mandate because it does not involve an employer–employee dispute but rather touches on constitutional provisions governing national security, as outlined in Articles 238, 239, 243, and 246 of the Constitution.
“Jurisdiction is the foundation upon which judicial authority is exercised, and without it, a court cannot make a valid determination,” the commission stated, insisting that the matter lies beyond the employment and labour relations framework under Section 12(1) of the Employment and Labour Relations Court Act.
Rooted in Post-Election Reforms
The commission traced its origins to post-2007 election reforms, explaining that its creation was a deliberate constitutional response to the findings of the Commission of Inquiry into Post-Election Violence (CIPEV) and the National Task Force on Police Reforms, chaired by Justice (Rtd.) Philip Ransley.
The two reports highlighted deep flaws in the then Kenya Police and Administration Police, including politically manipulated recruitment, poor discipline, and lack of accountability.
Both recommended the establishment of an independent commission to professionalize and depoliticize the police service.
Koech said this historical context underscored that the NPSC’s mandate was never meant to be restricted to civilian personnel but extended to all individuals serving under the National Police Service.
Warning Against Undermining Police Reforms
The NPSC urged the court to protect its constitutional independence and dismiss the petition, cautioning that granting the orders sought would undermine police reforms achieved over the past decade.
“Allowing the petition would erode the institutional framework governing police human resource management and reverse gains made in professionalizing the Service,” the commission said.
