NAIROBI, Kenya, Oct19 – The Court of Appeal has upheld a ruling declaring unconstitutional the National Police Service Commission’s (NPSC) regulations and advertisement for recruiting police constables, reinforcing constitutional limits on the commission’s authority over the National Police Service.
In a judgment delivered on October 16, a three-judge bench dismissed appeals by the NPSC and the Law Society of Kenya against a decision by the Employment and Labour Relations Court issued on October 30, 2025.
The lower court had declared unconstitutional the commission’s recruitment regulations published through Legal Notice No. 159 of September 19, 2025, alongside its advertisement for the recruitment of police constables.
It also issued a permanent injunction restraining the commission from recruiting, training, employing, assigning, promoting, suspending or dismissing members of the National Police Service.
The appeals challenged the lower court’s interpretation of the constitutional division of responsibilities between the commission and the Inspector-General of Police.
The NPSC’s position was anchored in Article 246(3) of the Constitution, which gives it powers to recruit and appoint persons to offices within the National Police Service.
The dispute centered on how those powers interact with the Inspector-General’s independent command under Article 245.
The Court of Appeal found that Article 245(4)(c) expressly prohibits any person from directing the Inspector-General concerning the employment, assignment, promotion, suspension or dismissal of members of the service.
The judges held that the constitutional provisions must be read together, with the Inspector-General’s independence protected from interference in operational command.
The court also addressed the question of police training, finding that the service has constitutional responsibility in that area.
Its decision, however, did not establish a new recruitment timetable or announce when another exercise could take place.
The case was brought by John Harun Mwau, who challenged the commission’s exercise of recruitment powers.
The appellate court distinguished an earlier precedent concerning recruitment committees at sub-county level, saying it did not resolve the broader constitutional question of how authority is divided between the NPSC and the Inspector-General.
The judges also rejected reliance on Nigerian judicial precedent, noting differences in the constitutional provisions governing the respective systems.
“Ultimately, we find the consolidated appeal before us to be without merit and they are accordingly dismissed in entirety,” the court stated.
“Given the public interest aspect of this matter, and while expressing our gratitude to the learning and industry displayed by counsel appearing, the order we make on costs is that each party shall bear its own.”
