Kenyan court confirms police’s right to recruit constables independently — Nation Kenya
Kenya’s Court of Appeal upheld a ruling that bars the National Police Service Commission (NPSC) from recruiting, employing, deploying, promoting, suspending and dismissing sworn police officers. The court dismissed appeals by the commission itself and the Law Society of Kenya, Nation Kenya reports.
Powers of the inspector general
A three-judge panel concluded that the NPSC’s claims to control the employment of sworn police officers exceed its constitutional powers. Judges Patrick Kiage, Jamila Mohammed and Jessie Lesiit noted that the inspector general of police independently commands the National Police Service.
According to the court, Kenya’s Constitution does not allow the commission to direct the inspector general on the employment, deployment, promotion, suspension or dismissal of National Police Service members. These matters fall within the inspector general’s sphere of independent command.
Dispute over constable recruitment
The legal dispute began after the NPSC published an advertisement for the recruitment of constables on September 19, 2025. On the same day, the commission officially published the 2025 Recruitment and Appointment Regulations in Legal Notice No. 159. It planned to recruit 10,000 constables, but the procedure was halted before it began.
More current news is available on the UA.News Telegram channel Telegram.
Former Kilome Member of Parliament John Harun Mwau challenged the advertisement and the regulations in the Employment and Labour Relations Court. He argued that the commission has no constitutional authority to recruit employees of a national security organ. His position was supported by the inspector general of police, the National Police Service, the attorney general and the National Security Council.
On October 30, 2025, the court found Legal Notice No. 159 unconstitutional and permanently barred the NPSC from making personnel decisions concerning service members, including recruiting and training them. The Court of Appeal upheld this ruling. At the same time, it noted that the commission retains authority over the service’s civilian staff — administrative, technical, medical, accounting, IT and other support employees.
Inspector General of Police Douglas Kanja said after the ruling that police officers whose promotions had been delayed, including those who completed the relevant courses, would be promoted urgently.
