Court Nullifies Police Recruitment, Declares NPSC Lacks Power to Hire Officers
Justice Wasilwa also discredited Legal Notice No. 159 of 19th September 2025, which had approved the exercise to be conducted by the commission.
Justice Wasilwa continued to explain that Article 243 establishes the National Police Service, comprising the Kenya Police Service and the Administration Police Service. Photo/courtesy
By Ruth Sang
The Employment and Labour Relations Court has ruled the recent police recruitment exercise null and void, holding that the National Police Service Commission (NPSC) exceeded its constitutional mandate. Judge Hellen Wasilwa, in a detailed judgment, ruled that the NPSC has no authority to recruit officers, and the entire exercise was against the constitution.
In her judgment, Justice Wasilwa indicated that it is only the National Police Service (NPS) and not the commission that is granted the power to recruit, train, deploy, suspend, or dismiss officers. She also stated that the Constitution clearly indicates that there is a distinction between the NPSC’s functions and that of the NPS, thus making it unlawful for the commission to perform duties specifically reserved for the latter.
The NPSC cannot be referred to as a national security organ under Article 239(1) of the Constitution and therefore does not have constitutional backing in carrying out recruitment exercises. “A declaration is hereby issued that recruitment by a national security organ under Article 232(d) of the Constitution can only be carried out by that specific organ itself, and not by any external agency,” she ruled.
Justice Wasilwa continued to explain that Article 243 establishes the National Police Service, comprising the Kenya Police Service and the Administration Police Service. Therefore, all administrative and operational matters—such as recruitment, training, and disciplinary action—should be under direct control of the NPS.
Citing Article 244 (a) and (d), the judge pointed out that the NPS is under an obligation under the Constitution to ensure professionalism, integrity, and discipline in the force. Any external influence on its inner workings obstructs these values.
The court subsequently discredited the recruitment exercise conducted by NPSC Chairperson Peter Lelei, declaring it unconstitutional and null. Justice Wasilwa also discredited Legal Notice No. 159 of 19th September 2025, which had approved the exercise to be conducted by the commission. She issued an interminable injunction against the NPSC from conducting any future recruitment, training, posting, or disciplining of police officers.
A permanent injunction is granted restraining the National Police Service Commission from proceeding with any recruitment or related activities, including the advertisement carried out in the Daily Nation and the legal notice quoted,” she added.
The ruling effectively puts on hold the process of police recruitment scheduled to take place between October 3 and October 9, 2025. The process had been temporarily suspended by the court on October 2 through petitions challenging its legitimacy. The ruling boosts the independence of the National Police Service and clarifies that it alone has a constitutional requirement that compels it to assume control of its human resource matters.
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