The Employment and Labour Relations Court has nullified the planned nationwide police recruitment, ruling that the National Police Service Commission (NPSC) lacks the legal authority to oversee the exercise.
In a judgment delivered on Thursday, October 30, Justice Hellen Wasilwa declared the recruitment process invalid, stating that the powers to recruit, train, and delegate duties to police officers rest solely with the National Police Service (NPS), under the command of the Inspector General (IG).
Justice Wasilwa underscored that, according to the Constitution, the NPSC does not have a security or operational mandate and therefore cannot preside over the recruitment of police constables. She noted that the Commission’s role is limited to oversight and administrative duties, not operational functions that directly affect the internal security of the country.
“A declaration is hereby issued that 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,” ruled Justice Wasilwa.
The court further issued a permanent injunction barring the NPSC from proceeding with the recruitment exercise or engaging in any related activities, including the advertisement published in the Daily Nation.
Justice Wasilwa also warned that any attempt by the Commission to assume the IG’s role in recruitment or dismissal of police officers would infringe upon the independence of the National Police Service.
The controversial recruitment had been slated to begin on October 3, following an advertisement by the NPSC on September 19. However, the process was halted after former MP John Harun Mwau filed a petition challenging its legality.
Mwau argued that the recruitment could not proceed while the NPS and NPSC were in conflict over control of the police payroll. Acting on his petition, the court had earlier issued a conservatory order on October 2, suspending the exercise until the matter was heard and determined.
Justice Wasilwa’s ruling now settles the long-standing power struggle between the two entities, reaffirming that the Inspector General holds the constitutional authority over all operational aspects of the police force, including recruitment.
