The Court of Appeal has upheld the Inspector-General’s authority over police recruitment.
Judges dismiss NPSC and LSK appeals, affirming the Inspector-General’s command over sworn officers and limiting the commission’s staffing powers to civilian personnel.
The Court of Appeal has affirmed the Inspector-General’s authority over police recruitment, dismissing challenges by two organisations. The National Police Service Commission (NPSC) and the Law Society of Kenya (LSK) had appealed a ruling barring the commission from recruiting uniformed officers.
Justices Patrick Kiage, Jamila Mohammed and Jessie Lesiit dismissed the consolidated appeals in full on Friday. They upheld the Employment and Labour Relations Court’s decision of October 30, 2025.
The judges also directed each party to meet its own legal costs because the dispute involved public interest.
Police recruitment falls under independent command
The court held that the Constitution places sworn officers under the National Police Service and the Inspector-General’s independent command. That authority covers recruitment, training, employment, deployment, promotion, suspension and dismissal.
The NPSC had argued that the Constitution gives it powers to recruit and manage police officers. However, the judges rejected that interpretation, drawing a distinction between sworn officers and civilian support employees.
Under the court’s interpretation, Article 246(3) gives the commission recruitment, appointment, promotion and disciplinary powers over civilian personnel. Those employees include administrative, technical, accounting, information technology and legal staff within the police service.
By contrast, the court held that sworn officers are constitutionally members of the National Police Service. Their status places them within the Inspector-General’s command rather than the commission’s civilian staffing mandate.
Judges define limits of commission’s powers
The bench also affirmed that the NPSC is not a national security organ under Article 239. That provision identifies the National Police Service, Kenya Defence Forces and National Intelligence Service as national security organs.
In addition, the judges said independent command shields the Inspector-General from outside directions on specified personnel matters. These include employment, assignments, promotions, suspensions and dismissals of police officers.
The court held that neither the Cabinet Secretary nor the commission could direct the Inspector-General on those matters. Its decision therefore maintains the distinction between command over sworn officers and management of civilian support staff.
Recruitment notice remains unconstitutional
The ruling also upheld the declaration that the NPSC’s September 19, 2025 police constable recruitment advertisement was unconstitutional. The same finding applies to Legal Notice No. 159 of 2025, which set out the commission’s recruitment process.
The dispute began when businessman and former legislator John Harun Mwau challenged the commission’s authority to recruit constables. The employment court ruled in favour of the Inspector-General’s independent command, prompting the NPSC and LSK appeals.
In February 2026, the Court of Appeal temporarily suspended parts of that earlier judgment pending its final decision. Those provisions concerned the Inspector-General’s exclusive authority over promotions and dismissals.
Friday’s judgment now dismisses the appeals and upholds the lower court’s declarations on the division of personnel powers.
