The Employment and Labour Relations Court has nullified the recently announced nationwide police recruitment exercise, ruling that the National Police Service Commission (NPSC) has no legal authority to conduct the process.
Delivering the judgment on Thursday, October 30, Justice Hellen Wasilwa said that the recruitment, training, and delegation of duties to police officers fall solely under the jurisdiction of the National Police Service (NPS).
The court held that the NPSC had overstepped its constitutional mandate by presiding over the recruitment, which is the responsibility of the NPS led by the Inspector General of Police.
According to Justice Wasilwa, the Commission’s involvement in the exercise contravened Article 232 of the Constitution, which outlines the roles of national security organs.
“A declaration is hereby issued that the recruitment by the national security organs under Article 232 of the Constitution can only be done by the national security organ itself and not by any other entity outside it,” Justice Wasilwa ruled.
She further issued a permanent injunction barring the Commission from proceeding with the recruitment or engaging in any related activities, including the advertisement published in the Daily Nation.
The court emphasized that the Inspector General of Police has the exclusive authority to recruit and dismiss officers, warning that interference from the NPSC would undermine the IG’s independence.
Justice Wasilwa clarified that the Commission’s constitutional role is limited to oversight and administrative functions and does not extend to operational duties within the police service.
The ruling effectively halts the ongoing police recruitment drive, which had been announced by the NPSC earlier this month, and raises questions about the coordination between the two institutions tasked with managing Kenya’s police service.
