Last Updated on February 27, 2026 by courtnews reporter

Court of Appeal Suspends Hellen Wasilwa Ruling Granting Douglas Kanja Exclusive Police Powers

Inspector General of Police Douglas Kanja suffered a legal setback after the Court of Appeal suspended a Labour Court ruling that had granted him exclusive control over police recruitment, promotions and dismissals.

A three-judge bench led by Court of Appeal President Daniel Musinga, Justice Mumbi Ngugi and Justice George Odunga issued the orders on Friday.

The judges stayed the October 30, 2025 decision by Employment and Labour Relations Court (ELRC) Judge Hellen Wasilwa.

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What the Labour Court Had Ruled

Justice Hellen Wasilwa had declared that the National Police Service Commission (NPSC) lacked constitutional authority to recruit, promote or discipline police officers.

Her judgment effectively transferred exclusive human resource powers to Douglas Kanja.

In addition, she nullified Legal Notice No. 159 of September 19, 2025, which had published recruitment regulations by the NPSC.

Court of Appeal Suspends Key Orders

However, the Court of Appeal suspended the portion of the judgment that vested exclusive powers in Kanja.

The judges stated that no prejudice would arise if the powers to promote and dismiss officers were temporarily suspended pending appeal.

At the same time, the bench clarified that the ruling does not automatically return those powers to the National Police Service Commission.

“For avoidance of doubt, we are not reverting those powers to the NPSC,” the court ruled.

As a result, the human resource authority within the National Police Service now remains in limbo until the appeal is heard.

How the Case Began

The dispute started when businessman and politician Hon. John Harun Mwau filed a petition at the ELRC.

He challenged a September 2025 police recruitment exercise advertised by the NPSC.

Justice Hellen Wasilwa upheld the petition and issued fourteen declarations limiting the Commission’s authority.

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Law Society of Kenya Intervenes

Although not a party in the original case, the Law Society of Kenya (LSK) filed a notice of appeal.

The LSK argued that the ruling disrupted the constitutional balance between Douglas Kanja and the National Police Service Commission.

It warned that the judgment could create institutional instability within the police service.

Kanja’s Defence

Douglas Kanja defended the Labour Court ruling.

Through his lawyers, he argued that Article 245(4)(c) of the Constitution shields the Inspector General from external direction on employment, assignment, promotion or dismissal of officers.

His legal team also stated that police recruitment had stalled for three years and that staffing levels were critically low.

They warned that suspending the judgment could affect national security ahead of the 2027 General Election.

Recruitment Already Conducted

The Court of Appeal declined to interfere with the November 2025 recruitment of police constables.

The bench ruled that it would be futile to stay a process already completed and where training had already begun.

Constitutional Conflict

At the centre of the case is a constitutional tension.

Article 245(4)(c) protects the Inspector General from direction on police personnel matters.

However, Article 246(3) gives the National Police Service Commission powers to recruit, appoint, promote and discipline officers.

The Court of Appeal acknowledged this overlap and stated that it requires careful judicial interpretation.

What Happens Next

Due to the public importance of the matter, the Court directed that the full appeal be heard and determined within three months.

A final decision on who controls police human resource functions in Kenya is therefore expected before the end of May 2026.

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