The Employment and Labour Relations Court has nullified the planned nationwide police recruitment, ruling that the National Police Service Commission (NPSC) lacks the legal authority to conduct or preside over the exercise.

Delivering her judgment on Thursday, Justice Hellen Wasilwa stated that the recruitment, training, and delegation of duties to police officers fall squarely under the mandate of the National Police Service (NPS), led by the Inspector General of Police.

“The recruitment by the national security organs under Article 232 of the Constitution can only be done by the national security organ itself and not by any other entity outside it,” Justice Wasilwa ruled.

NPSC Overstepped Its Mandate

The court found that the Commission’s involvement in the recruitment process contravened Article 232 of the Constitution, which outlines the principles of public service, including clear delineation of roles and accountability mechanisms within security organs.

Justice Wasilwa emphasised that the NPSC’s role is limited to oversight and administrative functions, not operational ones such as recruitment or dismissal of officers.

“The role of recruiting and dismissing police officers is exclusively that of the Inspector General of Police. Any overreach into this function would interfere with the IG’s independence,” she said.

The ruling effectively nullifies the recently advertised national recruitment drive, terming it “null and void.”

Implications for Police Service Operations

The decision draws a clear constitutional boundary between the NPS and NPSC, which have previously clashed over control of critical human resource functions, including promotions, transfers, and disciplinary procedures.

By reaffirming that internal security and personnel management rest with the NPS, the court underscored the operational independence of the Inspector General as envisioned under the Constitution.

Justice Wasilwa further clarified that the Commission does not play a role in the country’s internal security management and therefore has no authority to preside over police recruitment.

The ruling means that any future police recruitment will have to be organised and executed by the National Police Service, through the office of the Inspector General, in line with the law.

It remains unclear whether the NPSC will appeal the decision, which significantly reshapes the framework of police administration and oversight in Kenya.