High Court Strips Police Commission of Recruitment Powers in Constitutional Ruling

In a landmark constitutional judgment, the High Court of Kenya has delivered a heavy blow to the National Police Service Commission (NPSC) by holding that the commission has no constitutional mandate to recruit, train, employ, or manage National Police Service officers.

The court handed exclusive jurisdiction of these significant functions in the Inspector General (IG), consolidating provisions in the constitution that guarantee the independence of the IG’s command of the police operations.

Permanent Ban on NPSC Recruitment Activities

Justice Wasilwa issued a permanent injunction that prohibits the NPSC, with immediate effect, from conducting any human resource or recruitment. The judgment specifically invalidated a disputed recruitment notice the Commission published on September 19, 2025, under Legal Notice No. 159, declaring it unconstitutional, null, and void.

In rendering her judgment on Thursday, Justice Wasilwa delineated the difference between the Inspector General’s operational mandate and the commission’s oversight function. She reiterated that the Constitution specifically separates these roles to safeguard the operational independence of the police service.

“The Commission is not a national security organ under Article 245(1) of the Constitution. Its role is limited to policy, oversight, and disciplinary control, not recruitment or deployment,” Justice Wasilwa declared.

Constitutional Command Structure Upheld

The judge stressed that granting the NPSC the authority to exercise recruitment and deployment power would, in essence, nullify the constitutional safeguards for police professionalism and accountability. Article 245 of the Constitution expressly gives the Inspector General independent command over the National Police Service.

“The Inspector General shall exercise independent command over the National Police Service, and no person may give direction with respect to matters of employment, assignment, promotion, suspension, or dismissal of any member of the Service,” the court stated.

Justice Wasilwa explained that while the NPSC has considerable oversight and administrative responsibilities, these responsibilities are not intended to interfere into the operational powers given constitutionally to the Inspector General.

Legislative Review Ordered

Besides annulling the September 2025 recruitment advert, Justice Wasilwa ordered the authorities to perform a comprehensive review of the National Police Service Act and the National Police Service Commission Act. In her view, the review would align existing legislation with provisions of the constitution to preclude future institutional conflicts.

The controversial legal notice had called for applications for police constables and cadets to be supervised by NPSC, prompting a challenge to the constitution on the basis of separation of powers principles.

National Security Implications

Justice Wasilwa underscored that the case is way beyond ordinary employment disputes, adding that it is essentially about the organization and control of a key national security organ.

“The National Police Service is a critical institution whose operations must remain insulated from administrative interference,” she observed.

The court concluded that any recruitment exercise the Commission initiates without the Inspector General’s participation or authorization lacks constitutional validity and carries no legal weight.

Further, Justice Wasilwa declined to award costs, acknowledging the case’s significant public interest implications for Kenya’s security governance.

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