Court Nullifies Police Recruitment, Declares NPSC Lacks Constitutional Authority

The Employment and Labour Relations Court has nullified the recent police recruitment exercise, ruling that the National Police Service Commission (NPSC) has no constitutional mandate to recruit officers

In a landmark judgment, Justice Hellen Wasilwa declared that the recruitment, training, assignment, suspension, and dismissal of police officers fall solely under the National Police Service (NPS), not the NPSC

The court found that the NPSC is not a national security organ as defined in Article 239(1) of the Constitution and, therefore, cannot execute roles reserved for the NPS

“A declaration is hereby issued that recruitment by national security organs under Article 232(d) of the Constitution can only be done by the national security organ itself,” ruled Justice Wasilwa

She further emphasized that Article 243 establishes the NPS which includes both the Kenya Police Service and the Administration Police Service and grants it exclusive authority over recruitment and discipline

Consequently, the court nullified any recruitment process initiated by NPSC Chairperson Peter Lelei, declaring it unconstitutional

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Legal Notice No. 159 of September 19, 2025, was also struck down, with a permanent injunction issued barring the commission from any future recruitment, training, or dismissal activities

The ruling effectively halts the ongoing recruitment of 10,000 officers that was scheduled between October 3 and October 9, 2025. The process had already been suspended earlier following temporary court orders

The decision reaffirms the constitutional independence of the National Police Service in managing its personnel and underscores the limits of the NPSC’s administrative powers

Writer : Mweru Mbugua