The Attorney General and the Inspector General of Police threw their weight behind a case challenging the role of the National Police Service Commission (NPSC) in the recruitment of police officers.
A petition filed three weeks ago by former legislator John Harun Mwau has ignited a fresh power struggle within Kenya’s security sector.
It pits the National Police Service Commission (NPSC) and the National Police Service against the Inspector General of Police.
The dispute, which was filed before the Employment and Labour Relations Court in Nairobi, centers on who, between the Inspector General or the National Police Service Commission, holds the authority to recruit members of the police service.
Mwau argued that the Commission’s involvement in police recruitment is unconstitutional and undermines the operational independence of the Inspector General.
He insisted that the power to recruit police constables lies solely within the command-and-control structure of the Inspector General, as provided under Article 245 of the Constitution.
The Attorney General and the Inspector General supported Mwau’s position, saying recruitment is part of the Inspector General’s command responsibilities. They argue that the Commission’s attempt to manage recruitment interferes with the internal operations of a national security organ and threatens the unity of command essential for an effective police force.
At the heart of the suit are the National Police Service Commission (Recruitment and Appointment) Regulations, 2025, which Mwau wants declared unconstitutional.
He maintained that the new regulations unlawfully expand the powers of the Commission and violate Article 2(4) of the Constitution, which renders any law inconsistent with the Constitution invalid.
Mwau and the Attorney General insisted that the recruitment of constables is an operational matter inseparable from the Inspector General’s constitutional mandate.
They want the court to interpret Articles 238, 239, 244, 245, and 246 of the Constitution in a manner that preserves police independence and discipline within the service.
Mwau also questioned the legality of Kenya Gazette Supplement No. 159 of September 19, 2025, which published the recruitment regulations, describing it as unconstitutional and void.
The IG, Douglas Kanja, and the National Police Service (NPS) through lawyers Paul Nyamodi and Martin Gitonga alongside AG Dorcas Oduor and the National Security Council told court that National Police Service Commission (NPSC) has no mandate in the recruitment of police constables.
They urged the court to allow the petition and stop recruitment by NPSC.
The court will make a ruling on October 30, 2025. The recruitment for 10,000 personnel had been stopped on the eve of the exercise in a blow to authorities.
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