The Employment and Labour Relations Court (ELRC) has nullified the recruitment of 10,000 police officers advertised by the National Police Service Commission (NPSC), declaring the exercise unconstitutional and beyond the commission’s mandate.
Delivering the ruling on Thursday, October 30, Justice Hellen Wasilwa held that the NPSC lacks legal authority to recruit, train, employ, assign, promote, suspend, or dismiss members of the National Police Service (NPS) — powers she said are constitutionally vested in the office of the Inspector General of Police.
Justice Wasilwa emphasized that the NPSC is not a national security organ under Article 239(1) of the Constitution and therefore cannot assume roles reserved for the police command structure.
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“The Commission is not a national security organ under Article 239(1) of the Constitution. Its role is limited to policy, oversight, and disciplinary control, not recruitment or deployment,” ruled Justice Wasilwa.
The court issued a permanent injunction barring the NPSC from conducting any future recruitment or human resource functions relating to the police service.
It also directed that the National Police Service Act and NPSC Act be reviewed to align with the Constitution.
Petition by Harun Mwau
The ruling follows a petition filed by former MP Harun Mwau, who argued that the Constitution grants the Inspector General independent command over the NPS, shielding the office from external direction on matters such as recruitment, promotions, and dismissals.
ELRC had earlier suspended the recruitment drive on October 2, a day before it was scheduled to kick off, pending the hearing and determination of the case.
NPSC had advertised the nationwide recruitment of 10,000 constables, scheduled for October 3 to October 9.
Following the court order, NPS announced the postponement:
“In accordance with the Order of the Employment and Labour Relations Court… the police recruitment exercise scheduled to commence on 3rd October 2025 has been postponed until further notice.”
The judgment signals a major shift in the policing and recruitment framework, setting the stage for possible legislative changes and a potential restructuring of police hiring processes in Kenya.