NPSC Moves to Halt Police Recruitment as Mandate Row With IG Escalates
The fate of more than 10,000 police recruits remains uncertain after the National Police Service Commission (NPSC) asked the Court of Appeal to suspend a recent judgment that allowed the Inspector-General of Police (IG) to conduct the recruitment of new officers.
In its appeal, the Commission is challenging last month’s ruling by the Employment and Labour Relations Court, which barred the NPSC from leading the recruitment process—traditionally one of its core constitutional functions.
Commission Says Judgment Transfers Its Mandate to IG
The NPSC argues that allowing the IG to run the exercise creates an unconstitutional transfer of power, undermining the Commission’s civilian oversight role as envisioned in the Constitution.
According to the appeal, implementing the judgment issued by Justice Hellen Wasilwa would “cement an unconstitutional re-organisation of the National Police Service’s human resource framework,” exposing the service to decisions made by an institution lacking constitutional authority over recruitment, promotions, transfers, and disciplinary control.
The Commission warned that if the judgment continues to take effect, the intended appeal risks becoming meaningless.
Recruitment Already Conducted Under IG
Following the Employment Court decision, the IG advertised nationwide recruitment for police constables on 31 October 2025, with the exercise conducted on 17 November 2025. Recruits are scheduled to report to various police colleges for training.
NPSC told the Court of Appeal that the exercise proceeded “in a legal vacuum,” arguing that the Commission’s Recruitment and Appointment Regulations had been nullified, leaving no lawful framework to guide fairness, transparency, and merit.
NPSC: Decision Effectively Rewrites the Constitution
The Commission maintains that the trial court misinterpreted Articles 246, 249, 259, and 260 of the Constitution by declaring that both the IG and the NPSC hold parallel and independent authority over recruitment, training, employment, promotion, and dismissal.
It argues that the ruling effectively erased Article 246—which establishes its mandate—and achieved a result only possible through a constitutional amendment under Article 255(1)(g).
“The impugned judgment, delivered with the stroke of a pen, extinguished the very purpose for which the Commission was constitutionally created,” the NPSC submitted.
According to the Commission, the outcome has the practical effect of “winding up the Commission” by handing over its functions to the police command structure it is supposed to oversee.
A Landmark Institutional Clash
The appeal paints the moment as unprecedented, describing the current recruitment as resting “on legal emptiness” and marking the first time in Kenya’s legal history that an entire national recruitment was conducted solely on the basis of a single court judgment.
The Commission noted that such an arrangement undermines public confidence and risks entrenching administrative decisions made without lawful authority.
Ruling Set for February 27, 2026
The Court of Appeal will deliver its ruling on the matter on February 27, 2026, a decision expected to determine not only the fate of the recruits but also the future architecture of police oversight in Kenya.