NAIROBI, Kenya – The National Police Service Commission (NPSC) is seeking Supreme Court intervention in a constitutional dispute over who controls the recruitment, promotion and disciplinary management of police officers in Kenya.
The Commission says it has filed a Notice of Appeal challenging a Court of Appeal judgment that upheld restrictions on its human resource management powers within the National Police Service.
In a press statement dated October 30, 2026, NPSC Chairperson Dr Amani Yuda Komora said the Commission wants the Supreme Court to provide an authoritative interpretation of Articles 245, 246 and 249 of the Constitution.
The appeal follows a decision delivered on October 16, in which the Court of Appeal dismissed consolidated appeals by the Commission and the Law Society of Kenya (LSK), upholding an earlier Employment and Labour Relations Court judgment delivered on October 30, 2025.
What the Court of Appeal decided
The dispute centres on the constitutional division of responsibilities between the NPSC and the Inspector-General of Police.
The Commission had argued that Article 246 gives it broad authority over human resource functions, including recruitment, appointments, promotions, transfers, suspension and dismissal of police officers.
However, the Court of Appeal held that the Commission’s recruitment and appointment mandate under Article 246(3) applies to civilian employees working within the National Police Service and does not extend to sworn, uniformed officers.
The judges ruled that the recruitment, employment, assignment, promotion, suspension and dismissal of sworn officers fall under the National Police Service, subject to the Inspector-General’s independent command under Article 245.
The decision upheld the lower court’s orders barring the Commission from undertaking specified personnel functions involving uniformed officers and declaring its 2025 recruitment regulations unconstitutional.
Why the Commission is challenging the ruling
In its latest statement, the NPSC said the constitutional framework was designed to separate human resource management from operational command while maintaining accountability and professionalism within the police service.
It cited recommendations from past police reform reports, including the Ransley, Waki, Akiwumi and Alston reports, which informed efforts to strengthen transparency, meritocracy and accountability in police administration.
The Commission argues that Articles 245 and 246 must be interpreted together, noting that Article 246 establishes it as an independent constitutional body while Article 245 protects the Inspector-General’s operational command.
It also invoked Article 249, which outlines the role and independence of constitutional commissions, saying the Supreme Court should clarify how these provisions interact in the management of the police service.
Komora maintained that the appeal was not an institutional contest with the Inspector-General or an attempt to interfere with independent police command, but a pursuit of legal clarity on the respective responsibilities of the two institutions.
A dispute that began with recruitment of 10,000 police officers
The legal battle emerged in September 2025 after the Commission advertised vacancies for the recruitment of 10,000 police constables and issued recruitment regulations.
Former legislator John Harun Mwau challenged the Commission’s authority, arguing that the recruitment of uniformed officers fell under the Inspector-General’s command.
The Employment and Labour Relations Court subsequently ruled against the Commission, prompting appeals by both the NPSC and the Law Society of Kenya.
The Court of Appeal dismissed the appeals on October 16, 2026, leaving the lower court’s orders in place.
The Commission’s move to the Supreme Court means the constitutional dispute is set to continue, although the filing of a Notice of Appeal does not itself overturn or suspend the Court of Appeal judgment.
For now, the appellate ruling remains in force as the country awaits further proceedings on the division of powers between the police oversight commission and the Inspector-General.
