- The Court of Appeal dismissed consolidated appeals by the NPSC and the Law Society of Kenya over police recruitment authority
- A three-judge bench sitting in Nairobi on October 16, 2026, upheld an earlier Employment and Labour Relations Court judgment
- The bench drew a constitutional distinction between uniformed police officers and civilian support staff within the National Police Service
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The Court of Appeal has ruled that authority over the recruitment, training and management of police officers rests exclusively with the National Police Service under the Inspector General (IG), not with the National Police Service Commission (NPSC).
Source: Twitter
Justices P. O. Kiage, Jamila Mohammed and J. Lesiit delivered the ruling in Nairobi on Friday, October 16, dismissing consolidated appeals brought by both the NPSC and the Law Society of Kenya (LSK).
In doing so, the bench upheld the earlier decision of the Employment and Labour Relations Court (ELRC).
NPSC Regulations Declared Unconstitutional
The court affirmed the ELRC's declaration that Legal Notice No. 159 of September 19, 2025, which established the NPSC Recruitment and Appointment Regulations, 2025, is unconstitutional and void from inception.
The commission's advertisement for the recruitment of police constables was similarly invalidated.
Central to the ruling is a constitutional distinction between two categories of personnel. Sworn, uniformed officers who operate within a disciplined command structure are classified as "members of the Service."
The bench held that their recruitment, training, assignment, promotion, suspension and dismissal fall under the IG's independent command, as provided under Articles 238, 239, 244 and 245 of the Constitution.
The second category covers civilian support staff, described as "persons holding or acting in offices in the Service." This includes accountants, clerks and medical, legal and ICT personnel.
The court ruled that the NPSC retains authority over their recruitment, appointment, confirmation and administrative oversight under Article 246(3).
The bench noted that the Constitution deliberately separates these two categories, observing that training and commanding a disciplined force demands operational autonomy under the IG and that this autonomy cannot be severed from control over who is selected and disciplined.
Background to the Dispute
The case originated in 2025, when John Harun Mwau filed a petition after the NPSC issued Legal Notice No. 159 and placed an advertisement in the Daily Nation for police constable recruitment.
Mwau argued that Article 239(1) designates the National Police Service as a national security organ, while the NPSC is a civilian body with no authority to recruit operational officers.
IG Douglas Kanja Kirocho and the National Police Service supported the petition, contending that command over personnel is inseparable from operational readiness and unity of command in a disciplined force.
The NPSC, for its part, maintained that Article 246(3) grants it broad human resource authority over all police staff as a constitutional safeguard against political and executive interference.
The court also confirmed that the ELRC had proper jurisdiction to hear the dispute under Article 162(2)(a) of the Constitution and section 12 of the ELRC Act, given that the case involved questions of recruitment and employment relations.
Source: TUKO.co.ke