The Labour Court has ruled that the Inspector General of Police holds executive powers to recruit officers, effectively barring the National Police Service Commission from interfering in the recruitment process.
In a judgment delivered on Thursday, October 30, Justice Hellen Wasilwa stated that the recruitment, training, and assignment of duties to police officers fall exclusively under the mandate of the National Police Service (NPS).
She further observed that, since the National Police Service Commission is not tasked with overseeing internal security under the Constitution, it has no authority to conduct or supervise the recruitment of police constables.
In her ruling, Justice Hellen Wasilwa faulted the National Police Service Commission (NPSC) for allegedly violating Article 239 of the Constitution as she dismissed the recently advertised nationwide police recruitment exercise.
“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,” the judge ruled.
“A permanent injunction is hereby issued restraining the Commission from proceeding with the recruitment or any related activities, including the advertisement published on the Daily Nation.”
The judge affirmed that the powers to recruit and dismiss police officers lie exclusively with the Inspector General of Police, noting that any interference by the Commission would compromise the IG’s operational independence.
She added that the NPSC’s constitutional mandate is confined to oversight and administrative duties and does not extend to operational functions within the National Police Service.
Also Read: Police Recruitment Suspended
Court Issues Directives on Police Recruitment
On October 21, the court maintained that the suspension of the recruitment exercise remained in place until October 30, 2025, when a ruling will be delivered.
At the same time, the court reaffirmed its earlier orders halting the nationwide recruitment process following a petition filed by politician Harun Mwau.
The petition contested the legality of the recruitment initiated by the NPSC, claiming it was conducted without the approval of the Inspector-General.
Justice Wasilwa noted that the suspension would continue to preserve the status quo until the court issues its final decision.
“The current position will be maintained pending the court’s determination on October 30, 2025,” Justice Wasilwa ruled.
Also Read: Court Issues Fresh Directives on Recruitment of 10,000 Police Officers
Why the Court Halted the NPSC Recruitment
The Employment and Labor Relations Court (ELRC) in Nairobi on October 2, 2025, suspended the planned recruitment of 10,000 police officers by the National Police Service Commission (NPSC) following a petition filed by former legislator John Harun Mwau.
The exercise, which was to be conducted from 3 to 9 October 2025, was halted through a conservatory order after Mwau challenged the legality of the commission’s role in the recruitment process.
His petition questioned whether the NPSC had constitutional authority to recruit sworn members of the National Police Service (NPS).
In his argument, Mwau stated that the Constitution assigns the recruitment of members of a national security organ to the organ itself and not to any external body.
“This is an explicit constitutional directive that recruitment of members of a national security organ is to be carried out by that organ itself, and no other body,” Harun said in his petition.
Mwau contended that by conducting the exercise, the NPSC had overstepped its mandate and interfered with the operational independence of the NPS and the Inspector-General of Police.
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