The Employment and Labour Relations Court has ruled that the National Police Service Commission (NPSC) has no legal authority to recruit or dismiss police officers, declaring the recent nationwide police recruitment null and void.
Delivering the judgment on Thursday, October 30, Justice Hellen Wasilwa stated that the mandate to recruit, train, and delegate duties to police officers lies solely with the National Police Service (NPS) under the Constitution.
She further ruled that the NPSC’s attempt to preside over police recruitment contravened Article 232 of the Constitution, which clearly assigns the operational and administrative control of police functions to the Inspector General (IG).
“A declaration is hereby issued that the recruitment by the national security organs under Article 232 of the Constitution can only be done by the national security organ itself and not by any other entity outside it,” Justice Wasilwa stated.
The court issued a permanent injunction barring the Commission from proceeding with the recruitment or engaging in any related activities, including the advertisement published in the Daily Nation.
Justice Wasilwa clarified that the NPSC’s role is limited to oversight and administrative duties, not operational control over the service. “Recruitment and dismissal of police officers fall squarely under the mandate of the Inspector General of Police,” she said.
The court’s decision came after a petition by former legislator John Harun Mwau, who challenged the recruitment process, arguing it was unconstitutional and that the ongoing standoff between NPS and NPSC over payroll management had compromised the process.
The police recruitment exercise had been set to begin on October 3, following an advertisement by the NPSC on September 19, before the court issued conservatory orders halting it on October 2.
Justice Wasilwa directed both the NPS and NPSC to file their responses within seven days, emphasizing that constitutional boundaries between the two bodies must be respected to preserve the independence of the Inspector General’s office.
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