NATIONAL POLICE SERVICE COMMISSION HAS NO POWER TO RECRUIT POLICE OFFICERS COURT ORDERS
The Employment and Labour Relations Court has ruled that the National Police Service Commission (NPSC) does not have the constitutional authority to recruit police officers, declaring its recent recruitment exercise illegal and nullifying its ongoing recruitment drive of 10,000 officers.
Justice Hellen Wasilwa emphasized that the power to recruit, train, assign, suspend, and dismiss police officers lies exclusively with the National Police Service (NPS) itself, specifically under the command of the Inspector-General of Police, not with the NPSC or any external entity.
The court held that the NPSC is not a national security organ as defined under Article 239(1) of the Constitution, and therefore cannot exercise recruitment powers reserved for the NPS according to Articles 243 and 244 of the Constitution.
“A declaration is hereby issued that the recruitment by national security organs under Article 232(d) of the Constitution can only be done by the national security organ itself, and not by any other entity outside it,” ruled Justice Wasilwa.
The judge declared Legal Notice No. 159 of September 19, 2025, which authorized the recruitment process led by the NPSC chairperson, unconstitutional.
“A permanent order is hereby issued restraining the commission from proceeding with the recruitment or any related activities, including the advertisement published in the Daily Nation and the legal notice,” Justice Wasilwa ruled.
Consequently, the court issued a permanent injunction restraining the commission from undertaking any recruitment, training, assignment, suspension, or dismissal of police officers.
Justice Wasilwa further stated that the recruitment and management of police officers is a function that must remain within the operational independence of the police service to maintain professionalism and accountability, as safeguarded by the Constitution.
The ruling also directed that the relevant laws, including the National Police Service Act and the National Police Service Commission Act, be comprehensively reviewed to align them with constitutional provisions and avoid future conflicts.
This landmark ruling effectively halts the controversial police recruitment exercise that was scheduled to run from October 3 to October 9, 2025, and reaffirms the exclusive authority of the National Police Service, led by the Inspector-General, over all human resource functions within the service.