The Court of Appeal has dismissed appeals challenging a judgment that stripped the National Police Service Commission (NPSC) of the power to recruit police constables, handing Inspector General of Police Douglas Kanja a legal victory in the dispute.
In a judgment delivered in Nairobi on Thursday, October 16, a three-judge bench comprising Justices Patrick Kiage, Jamila Mohammed and J. Lesiit dismissed the consolidated appeals in their entirety.
The appeals challenged a ruling the Employment and Labour Relations Court delivered on October 30, 2025, which held that the commission lacked constitutional authority to recruit and appoint police constables.
“Ultimately, we find the consolidated appeal before us to be without merit, and they are accordingly dismissed in entirety,” the judges ruled.
The Court of Appeal ordered each party to bear its own costs, citing the public interest surrounding the dispute.
The decision leaves the earlier judgment in place, including its finding that the recruitment of police constables falls under IG Kanja and the National Police Service rather than the commission.
How the Police Recruitment Dispute Started
The dispute started when the NPSC advertised police constable vacancies on September 19, 2025, and published new regulations outlining how the recruitment and appointment process would be conducted.
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Former MP John Harun Mwau challenged the commission’s actions in court, questioning the powers of the NPSC and IG Kanja.
On October 30, 2025, Justice Hellen Wasilwa of the Employment and Labour Relations Court ruled that the commission had no constitutional authority to recruit, train, employ, assign, promote, suspend or dismiss members of the National Police Service.
Justice Wasilwa found that these functions fell under the Inspector General’s independent command, and she also barred the NPSC from conducting the recruitment exercise and nullified the regulations published in September 2025.
The judgment placed IG Kanja at the centre of the dispute over who has the authority to recruit and manage police officers.
NPSC and other parties challenged the decision, arguing that the Constitution gives the commission powers over recruitment and appointment, as well as human resource management within the police service.
Why the Law Society of Kenya Challenged the Ruling
The Law Society of Kenya (LSK) joined the case, arguing that the lower court’s decision raised serious constitutional questions about the division of responsibilities between IG Kanja and the commission.
The dispute centres on Articles 245 and 246 of the Constitution. Article 245 provides for the independent command of the National Police Service by the Inspector General, while Article 246 establishes the NPSC and sets out its constitutional functions, including the recruitment and appointment of persons to hold or act in offices within the service.
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LSK held that the Inspector General’s operational independence should not diminish the commission’s constitutional mandate over recruitment and appointments.
The commission argued that responsibility for recruiting and appointing police officers is distinct from the Inspector General’s command functions and should remain with the NPSC.
On the other hand, Inspector General Douglas Kanja and the National Police Service maintained that recruitment of police constables falls within the police service’s mandate.
Central to the case was a constitutional question of how the Inspector General and the National Police Service Commission should share responsibilities for police recruitment and personnel management.
What the Court of Appeal Ruled in February
Before delivering its final judgment, the Court of Appeal issued interim orders in February suspending the exercise of certain powers relating to the promotion and dismissal of police officers while the appeals were pending.
The application followed LSK’s challenge to the October 2025 judgment, arguing it upset the constitutional balance between IG Kanja and the NPSC.
The NPSC and the Independent Policing Oversight Authority (IPOA) supported the application, saying the dispute had implications for police reforms and the running of the service.
IG Kanja and the National Police Service opposed the application, arguing that recruitment had already taken place and training was underway.
The appellate court noted that stopping the recruitment process at that stage would be impractical because the exercise had already been completed.
However, it suspended the exercise of powers relating to promotions and dismissals to avoid potential disruption while the substantive appeal was being considered.
Those interim orders did not finally determine the constitutional dispute, and the matter remained before the Court of Appeal until the judges delivered their final decision on October 16.
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