The Employment and Labour Relations Court has halted the planned recruitment of 10,000 police officers, ruling that the National Police Service Commission (NPSC) overstepped its constitutional mandate.
Delivering the judgment in Nairobi Thursday 30th, Justice Hellen Wasilwa declared that the power to recruit, train, promote, and discipline police officers lies exclusively with the Inspector-General (IG) of the National Police Service (NPS) and not the NPSC.
The court found that Legal Notice No. 159 of 2025, which advertised the recruitment exercise scheduled for early October, was unconstitutional, null, and void.
The Commission acted beyond its powers as outlined in the Constitution. The authority to manage and control police officers belongs to the Inspector-General,” said Justice Wailwa.
Recruitment Exercise Nullified
As a result, the court issued a permanent injunction restraining the NPSC from undertaking any recruitment or human resource functions related to police officers.
Justice Wasilwa emphasized that while the NPSC plays a key role in oversight and policy formulation, operational decisions such as recruitment and discipline fall under the Inspector-General’s command.
She noted that allowing the commission to conduct such activities could blur accountability lines and compromise the independence of the National Police Service.
Background of the Case
The police recruitment exercise was announced in September 2025 as part of efforts to strengthen the NPS by adding 10,000 new constables.
However, former Member of Parliament John Harun Mwau filed a petition challenging the legality of the recruitment process. He argued that the NPSC’s involvement violated constitutional provisions that separate oversight roles from operational command within the police service.
Earlier in October, the court had suspended the recruitment pending the outcome of the case, which has now been conclusively determined.
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Court’s Findings and Implications
In her ruling, Justice Wasilwa observed that the NPSC is not recognized as a security organ under Article 239(1) of the Constitution. Consequently, it cannot perform roles reserved for security bodies.
She reaffirmed that the NPSC’s responsibility is limited to setting policies and offering oversight, while day-to-day command remains with the Inspector-General.
Following the ruling, the ongoing recruitment exercise stands canceled.
Future recruitment processes will now have to be conducted by the Inspector-General’s office in compliance with the Constitution and relevant legislation.
The court also urged Parliament to review both the National Police Service Act and the National Police Service Commission Act to eliminate ambiguities that have caused recurring conflicts between the two institutions.
Significance of the Decision
The judgment provides a critical clarification of Kenya’s security governance framework, reinforcing the separation of oversight and operational roles.
Analysts say the decision could help strengthen accountability in police management while ensuring adherence to the constitutional structure that governs the National Police Service.
The ruling now sets a precedent likely to influence how other constitutional commissions interpret their mandates relative to executive offices.
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