Frontier Correspondent
Nairobi, Kenya.
The High Court has ruled that the National Police Service Commission (NPSC) has no constitutional authority to recruit, train, employ, promote, suspend, or dismiss officers within the National Police Service (NPS) — powers it declared rest solely with the Inspector General (IG).
Delivering the judgment on Thursday, Justice Helen Wasilwa of the Employment and Labour Relations Court (ELRC) said the Constitution vests exclusive operational control of the police service in the IG under Article 245, effectively clarifying the limits of the NPSC’s role in personnel management.
The decision arose from a constitutional petition filed by former Kilome MP John Harun Mwau in September 2025, challenging the NPSC’s plan to recruit 10,000 police constables and cadets. Mwau argued that the Commission’s recruitment drive unlawfully encroached on the IG’s independent command and violated the principle of separation of powers within the security sector.
The case — E196 of 2025 (Harun Mwau v. Inspector General of Police, National Police Service Commission & 2 Others) — gained urgency after Justice Wasilwa issued interim conservatory orders on October 2, halting the nationwide recruitment that was set to begin the next day across 416 centers. The NPS subsequently announced a postponement of the exercise in compliance with the directive.
NPSC Chairperson Yuda Amani, Police IG Douglas Kanja, Deputy IG Eliud Lagat and DCI Director Mohamed Amin appearing before a parliamentary committee in September 2025.
In her final ruling, Justice Wasilwa dismissed arguments challenging the court’s jurisdiction and reaffirmed that the NPSC’s constitutional role is policy oversight and disciplinary control, not command or administration.
“The Commission cannot usurp the operational powers constitutionally reserved for the Inspector General,” she said, emphasizing that the NPSC is not a national security organ as defined under Article 239(1) of the Constitution.
At issue was Legal Notice No. 159, published on September 19, 2025, which invited applicants aged 18–28 with at least a KCSE grade of D+ to join the service.
Mwau claimed the notice lacked public participation and violated the IG’s independence. Justice Wasilwa declared the notice unconstitutional, null, and void, and issued a permanent injunction barring the NPSC from undertaking any recruitment or human resource processes concerning sworn members of the NPS.
Citing the Constitution, the judge reaffirmed:
“The Inspector General shall exercise independent command over the National Police Service, and no person may give direction with respect to matters of employment, assignment, promotion, suspension, or dismissal of any member of the Service.”
Justice Wasilwa further directed the Attorney General to initiate a comprehensive review of the National Police Service Act and NPSC Act to eliminate ambiguities that could trigger future jurisdictional conflicts. She noted that the dispute “transcends an ordinary employment matter,” touching on the structural integrity of a critical national security institution. No order as to costs was made, given the case’s significant public interest.
The ruling comes amid ongoing friction between the IG’s office and the NPSC, worsened by Interior Cabinet Secretary Kipchumba Murkomen’s submission earlier this month highlighting an acute shortage of officers due to retirements and deaths — a situation he said required urgent recruitment to bolster security ahead of the 2027 General Election.
Despite the tensions, IG Douglas Kanja and NPSC Vice Chair Amani Komora appeared jointly at a security forum on September 27 in Mombasa, signaling efforts at reconciliation.
Legal analysts have hailed the judgment as a constitutional milestone reaffirming the independence of the police service and clarifying the boundaries between oversight and command.
As the NPS faces growing staffing gaps, the decision effectively hands the responsibility for future recruitment to the IG’s office — pending legislative reform to harmonize the roles of the two institutions.