The Law Society of Kenya (LSK) moved to challenge a Court of Appeal judgment affirming the Inspector General of Police’s authority to recruit uniformed police officers.
In a notice of appeal filed in Civil Appeal No. E957 of 2025, the society through lawyer Duncan Okatch expressed dissatisfaction with the judgment delivered by the Court of Appeal in Nairobi on October 16, 2026, and signalled its intention to appeal against the entire decision before the Supreme Court.
“The Law Society of Kenya, being dissatisfied with the judgment of the Honourable Justice Patrick Omwenga Kiage, the Honourable Lady Justice Jamila Mohamed and the Honourable Lady Justice Jessie Lesiit delivered at the Court of Appeal in Nairobi on the 16th day of October, 2026, intends to appeal to the Supreme Court against the whole of the said judgment,” reads the notice of appeal
The Court of Appeal upheld a High Court ruling that the power to recruit uniformed police officers rests with the Inspector General of Police and not the National Police Service Commission (NPSC).
The judges held that Article 246(3) of the Constitution empowers the commission to recruit civilian staff serving within the National Police Service but does not extend that mandate to uniformed officers.
The court further observed that the Inspector General’s independent command over the service is protected under Article 245(4) of the Constitution, which restricts external directions on specified operational and personnel matters.
The court distinguished between the recruitment of uniformed police officers and that of civilian personnel, whose roles include administrative, technical, medical, accounting, ICT and legal functions.
The decision reaffirmed the High Court’s position on the constitutional limits of the commission’s recruitment powers, placing the recruitment of uniformed police officers under the Inspector General’s authority.
Through the notice of appeal, LSK sought to challenge the entirety of the appellate court’s judgment at the Supreme Court.
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