Court of Appeal Upholds Inspector-General’s Exclusive Power to Recruit Police Officers

On Friday October 16, 2026 the Court of Appeal dismissed consolidated appeals by the National Police Service Commission and the Law Society of Kenya, confirming that the recruitment, training and deployment of sworn police officers rests solely with the National Police Service under the Inspector-General.

A three-judge bench comprising Justices Patrick Kiage, Jamila Mohammed and Jessie Lesiit delivered a unanimous judgment, rejecting the appellants’ arguments that the Employment and Labour Relations Court lacked jurisdiction and that the Commission’s recruitment powers extended to police constables.

The appeal challenged a decision of Justice Hellen Wasilwa of the Employment and Labour Relations Court dated October 30, 2025, which had declared Legal Notice No. 159 of 2025 and the Commission’s recruitment regulations unconstitutional after businessman John Harun Mwau sued the Commission for advertising police constable vacancies in the Daily Nation.

The Court of Appeal held that Article 239 of the Constitution identifies the National Police Service, the Kenya Defence Forces and the National Intelligence Service as the only national security organs, thereby excluding the Commission; Article 246(3) empowers the Commission only to recruit civilian personnel such as administrative, technical, medical, accounting, ICT and legal staff, while Article 245 vests independent command of sworn officers in the Inspector-General and bars external direction on their employment matters.

The judges noted that the Constitution “clearly defines the respective responsibilities of the Commission and the Inspector General” and said “Having immersed ourselves in the text of the Constitution in so far as it relates to the dispute at bar, we see no ambiguity therein,” adding that they reject the notion that limiting the Commission revives “the old dark days of unaccountability, impunity and political suppression by a weaponised police.”

Inspector-General of Police Douglas Kanja welcomed the ruling, stating “The constitutional order has been vindicated.” The court ordered each party to bear its own costs, citing the public-interest nature of the dispute.