National Police Service Commission moves to Supreme Court over recruitment powers

National Police Service Commission moves to Supreme Court over recruitment powers - Recruits during a past National Police Service recruitment exercise. (Photo: Courtesy)

The commission and LSK appealed the decision but lost, with the judges finding that the Constitution clearly defined the responsibilities of the commission and the Inspector General.

The National Police Service Commission (NPSC) has moved to the Supreme Court seeking to overturn a Court of Appeal ruling that upheld restrictions on its powers to recruit police constables.

In a notice of appeal dated October 16, 2026, the commission said it was dissatisfied with the judgment delivered by Justices Patrick Kiage, Jamila Mohammed and Jessie Lesiit, who dismissed its appeal alongside a separate challenge by the Law Society of Kenya (LSK).

The appellate court upheld an October 30, 2025, decision by the Employment and Labour Relations Court that drew a distinction between the commission’s constitutional mandate and the operational authority of the Inspector General of Police.

The dispute arose after the commission advertised police constable recruitment on September 19, 2025, and gazetted recruitment and appointment regulations.

Former legislator John Harun Mwau challenged the move, arguing that the Constitution did not empower the commission to recruit police constables, insisting that the National Police Service should handle the process.

The commission and LSK appealed the decision but lost, with the judges finding that the Constitution clearly defined the responsibilities of the commission and the Inspector General.

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“Having immersed ourselves in the text of the Constitution in so far as it relates to the dispute at bar, we see no ambiguity therein,” the judges stated.

They rejected arguments that limiting the commission’s powers would undermine accountability in the police service.

“We do not accept the notion propounded by the appellants that to confine the Commission within the sphere delineated by the Constitution itself is a throwback to the old dark days of unaccountability, impunity and political suppression by a weaponised police,” the bench said.

The judges maintained that police independence must go hand in hand with respect for human rights and the rule of law. They also rejected reliance on a 2023 Nigerian Supreme Court decision, noting that the constitutional provisions governing policing in the two countries were materially different.

The court dismissed both appeals in their entirety and ordered each party to bear its own costs.

In its latest move, the commission has notified the Supreme Court of its intention to challenge the entire appellate judgment.

The notice, filed under Rule 36 of the Supreme Court Rules, 2020, does not specify the grounds of appeal or the orders the commission will seek.