The NPSC seeks Supreme Court clarification on police recruitment and personnel powers.
The police commission seeks constitutional clarity on personnel powers after the Court of Appeal upheld limits on its authority.
The National Police Service Commission (NPSC) has filed a Notice of Appeal in the Supreme Court over police recruitment and promotions. It seeks to overturn a ruling limiting its authority over uniformed officers.
The move brings fresh uncertainty for thousands of Kenyans hoping to join the National Police Service. In an October 30 statement, NPSC chairperson Amani Yuda Komora said the commission wants a final interpretation of its constitutional responsibilities.
Police recruitment dispute centres on constitutional powers
The dispute concerns Articles 245 and 246 of the Constitution, which set out the two institutions’ roles. Article 245 addresses the Inspector General’s command, while Article 246 outlines the commission’s responsibilities for police personnel.
Komora said the commission seeks clarification in the public interest. He also maintained that the appeal does not aim to interfere with Inspector General Douglas Kanja’s independent command.
The legal battle began in September 2025, after the NPSC advertised police constable vacancies and published recruitment and appointment regulations. Those steps triggered a challenge to the commission’s constitutional authority.
On October 30, 2025, the Employment and Labour Relations Court declared the recruitment regulations unconstitutional. It also restricted the commission’s authority over other personnel functions involving uniformed police officers.
Appeal ruling cleared path for promotions
The NPSC and the Law Society of Kenya challenged the lower court’s decision through consolidated appeals. However, the Court of Appeal dismissed both appeals on October 16, 2026, leaving the earlier ruling in force.
That judgment also paved the way for Kanja to approve promotions for 1,948 police officers on October 19. The officers had completed the required promotional courses and met the conditions for advancement.
The commission now seeks to overturn the appellate decision through the Supreme Court process. Its challenge concerns the division of personnel responsibilities between the NPSC and the Inspector General.
Beyond recruitment and promotions, the continuing dispute covers appointments, transfers and disciplinary control within the police service.
