NPSC defends recruitment mandate, says labor court has no jurisdiction in police hiring dispute

The National Police Service Commission (NPSC) has asked the Employment and Labor Relations Court to dismiss a petition challenging its authority to conduct police recruitment, arguing that the court lacks jurisdiction over the matter.

In a replying affidavit dated October 9, 2025, and filed through its litigation counsel Chebet Koech, the commission listed as the third respondent maintained that its recruitment powers are constitutionally protected under Article 246(3) of the 2010 Constitution.

Koech told the court that the petitioners had misinterpreted the law by overlooking the constitutional framework establishing the Commission as an independent body. She argued that the matter does not fall under the court’s jurisdiction, since it does not stem from an employer–employee relationship but instead concerns national security governance as outlined under Articles 238, 239, 243, and 246.

“Jurisdiction is the foundation upon which judicial authority is exercised. Without it, a court cannot make a valid determination,” the Commission stated, arguing that the petition falls outside the legal framework set by Section 12(1) of the Employment and Labor Relations Court Act.

The NPSC further traced its formation to post-2007 election reforms, noting that its establishment was a deliberate constitutional response to findings from the Commission of Inquiry into Post-Election Violence (CIPEV) and the National Task Force on Police Reforms, chaired by Justice (Rtd.) Philip Ransley.

The reports, the commission said, exposed systemic flaws in the former Kenya Police and Administration Police, including politically influenced recruitment, weak discipline, and lack of accountability—issues that prompted the creation of an independent oversight body to professionalize and depoliticize the police service.

Koech added that this background confirms the NPSC’s mandate extends beyond civilian staff to cover all officers within the National Police Service, ensuring fairness, discipline, and independence in recruitment and management.

The commission urged the court to dismiss the petition and uphold its constitutional independence, warning that any interference would undermine ongoing police reforms and reverse key gains achieved since the 2010 Constitution came into force.