The Employment and Labor Relations Court has issued new directives in a case challenging the recruitment of 10,000 police officers. On October 21, the court maintained that the suspension of the exercise will remain in place until October 30, 2025, when a ruling will be delivered.
The case has drawn attention to the ongoing power struggle between the Inspector-General of Police (IGP) and the National Police Service Commission (NPSC) over control of police recruitment.
Court Proceedings and Interim Orders
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 contests 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.
During proceedings, Mwau argued that under Article 245 of the Constitution, the Inspector-General holds exclusive powers over the employment, promotion, suspension, and dismissal of officers within the National Police Service.
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He stated that the NPSC acted beyond its mandate by launching the recruitment drive without consulting the IGP.
Inspector-General Douglas Kanja, backed by the Attorney-General and the National Police Service (NPS), supported the petition.
The Attorney-General, represented by Principal State Counsel Ernest Kioko, told the court that the IGP’s independence is a constitutional safeguard necessary for maintaining discipline and professionalism in the police service.
“The Inspector-General’s independence in employment matters ensures accountability and effective command within the National Police Service,” said Mr Kioko in court.
Why the Court Halted the NPSC Recruitment
The Employment and Labor Relations Court (ELRC) in Nairobi on 2 October 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, filed under case number E196 of 2025, 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.
He further argued that the process risked compromising the constitutional structure governing the country’s security services.
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Justice Byram Ongaya upheld the interim suspension, noting that the order was necessary to safeguard the subject matter of the case until a full determination is made.
“The suspension remains in effect to preserve the integrity of the proceedings and prevent any prejudice to the parties before judgment,” Justice Ongaya ruled.
The court is expected to deliver its final decision on 30 October 2025. Meanwhile, the NPSC and the NPS, represented by the Attorney General, have opposed Mwau’s petition, arguing that the commission acted within its constitutional mandate and that the recruitment process was conducted in accordance with established procedures.
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But those bodies could talk to avoid much delays as some of as age factor might affect as the court takes alot of time.To make the matters worst people complaining are millionaires …they could see the impact on the common mwananchi