The Employment and Labour Relations Court has ruled that the National Police Service Commission (NPSC) lacks constitutional authority to recruit police officers, declaring the recent recruitment exercise advertised by the commission to be unlawful.
Justice Hellen Wasilwa, in a detailed judgment, issued several declarations affirming that the recruitment, training, assignment, suspension, and dismissal of police officers can only be carried out by the National Police Service (NPS) itself, and not by any external body.
According to the court, the NPSC is not a national security organ as defined under Article 239(1) of the Constitution. It therefore lacks the authority to execute recruitment functions reserved for the NPS.
A declaration is hereby issued that the recruitment by national security organs under Article 232(d) of the Constitution can only be done by the national security organ itself, and not by any other entity outside it
Justice Wasilwa The judge further emphasized that Article 243 of the Constitution establishes the National Police Service (NPS), which comprises the Kenya Police Service and the Administration Police Service, and that all functions related to recruitment, training, and discipline fall squarely under its mandate.
Justice Wasilwa also cited Article 244 (a) and (d), underscoring that the NPS is constitutionally mandated to uphold high standards of professionalism and discipline among its members.
As a result, the court declared that any recruitment process advertised or initiated by the NPSC Chairperson, Peter Lelei, is null and void for violating the Constitution.
Additionally, the court declared Legal Notice No. 159 of September 19, 2025, unconstitutional and issued a permanent injunction restraining the NPSC from undertaking any recruitment, training, assignment, suspension, or dismissal of police officers.
A permanent order is hereby issued restraining the commission from proceeding with the recruitment or any related activities, including the advertisement published in the Daily Nation and the legal notice
Justice WasilwaThe decision effectively halts the ongoing police recruitment drive and reinforces the constitutional independence of the National Police Service in managing its human resource functions.
The NPSC had scheduled the recruitment exercise to take place from October 3 to October 9, 2025. However, the exercise could not proceed after the Employment and Labour Relations Court issued a temporary order on October 2 halting the recruitment of 10,000 police officers pending the court’s decision.
