National Police Service Commission Appeals Recruitment Ruling to Supreme Court

The National Police Service Commission (NPSC) lodged a notice of appeal with the Supreme Court on Friday, October 30, seeking to overturn a Court of Appeal judgment that affirmed the Inspector-General’s exclusive authority over the recruitment, promotion and dismissal of sworn police officers.

The Court of Appeal, sitting on October 16, dismissed the consolidated appeals filed by the NPSC and the Law Society of Kenya and upheld a decision of the Employment and Labour Relations Court dated October 30, 2025. A three-judge panel comprising Justices Patrick Kiage, Jamila Mohammed and Jessie Lesiit ruled that the Constitution assigns the recruitment, training, deployment, promotion, suspension and dismissal of uniformed officers to the National Police Service under the Inspector-General’s independent command, while the commission’s human-resource powers under Article 246(3) relate only to civilian staff.

In a statement, NPSC Chairperson Amani Yuda Komora said the appeal is intended to obtain a Supreme Court interpretation of the constitutional provisions that delineate the respective mandates of the commission and the Inspector-General. He added that “the judgment raises weighty constitutional questions about the interpretation of Articles 245, 246 and 249, and the safeguards intended to promote fairness, meritocracy, accountability and professionalism in the Service.”

The dispute traces back to a petition by businessman and former Kilome MP John Harun Mwau, who challenged the commission’s authority to recruit police constables. An Employment and Labour Relations Court ruling declared the commission’s September 19, 2025 advertisement for constable recruitment unconstitutional, a finding later affirmed by the Court of Appeal. In February 2026 the appellate court temporarily suspended parts of the earlier judgment concerning the Inspector-General’s exclusive control over promotions and dismissals pending the outcome of the appeals. Following the October 16 decision, Inspector-General Douglas Kanja promoted 1,948 officers, and the payroll for the police service, estimated at KSh60 billion, remains a point of contention.

Komora stressed that the commission respects judicial decisions and remains committed to the Constitution and the rule of law. He clarified that the appeal is not an institutional contest or an attempt to interfere with the Inspector-General’s independent command, but a request for clarity on the constitutional responsibilities of the two bodies and the preservation of the checks and balances established under the Constitution.

The Law Society of Kenya has indicated it will also pursue the matter before the Supreme Court, underscoring the broader legal significance of the case for constitutional governance and ongoing police reforms.