Court says police commission has no powers to recruit police officers

The Employment and Labour Relations Court issued a permanent injunction barring the National Police Service Commission from taking part in the recruitment process.

In her ruling the Judge Hellen Wasilwa stated NPSC has no powers to recruit, assign or deploy officers.

The Judge said the Inspector General of Police Douglas Kanja is independent and of members of the service.

This gives way for fresh recruitment of 10,000 personnel as earlier planned.

Wasilwa on Thursday October 30 further called on Parliament to review the two contested Acts to avoid usurping of IG powers. The Petition filed by former Member of Parliament Harun Mwau has been merited.

The High Court declared that NPSC has no power to recruit, train, employ, assign, promote, suspend or dismiss members of the National Police Service (NPS), saying such functions fall exclusively under the independent command of the Inspector General (IG) as provided in Article 245 of the Constitution.

A permanent injunction was issued restraining the NPSC from conducting any recruitment or related human resource processes, including the implementation of the recruitment advertisement published on September 19, 2025 through Legal Notice No. 159, which the court found unconstitutional, null and void

Justice Wasilwa said the Constitution clearly demarcates the roles of the Inspector General and the National Police Service Commission, and that any overlap would interfere with the IG’s independent command over the Service.

She observed that the NPSC, while exercising oversight and administrative functions, cannot usurp the operational powers constitutionally reserved for the Inspector General.

“The Commission is not a national security organ under Article 239(1) of the Constitution. Its role is limited to policy, oversight and disciplinary control — not recruitment or deployment,” Justice Wasilwa said.

The court ruled that allowing the Commission to handle matters of recruitment and deployment would compromise the operational independence of the police, which the Constitution safeguards to ensure professionalism and accountability within the security sector.

“The Inspector General shall exercise independent command over the National Police Service, and no person may give direction with respect to matters of employment, assignment, promotion, suspension or dismissal of any member of the Service,” the judge stated.

In addition to nullifying the September 2025 recruitment notice, Justice Wasilwa directed that both the National Police Service Act and the National Police Service Commission Act be reviewed comprehensively to align them with the Constitution.

She said this would prevent future conflicts between the two entities and promote clarity on the chain of command within the Service.

The impugned legal notice had invited applications for the recruitment of police constables and cadets under the supervision of the NPSC,

The move prompted a constitutional challenge on grounds that it violated the doctrine of separation of powers between the Commission and the IG’s office.

In her reasoning, Justice Wasilwa said the issue went beyond an employer–employee dispute, noting that it touched on the structure and command of a national security organ.

“The National Police Service is a critical institution whose operations must remain insulated from administrative interference,” she said.

Consequently, the court declared that any recruitment process initiated by the Commission without the involvement or authority of the Inspector General is unconstitutional and of no legal effect.

There will be no order as to costs, with the judge noting that the matter raised significant public interest questions about the governance of Kenya’s security organ.

The court had stopped a planned recruitment of personnel early this month after the case was lodged.

There has been a push and pull between some members of the commission and the IG’s office on their mandates.