NAIROBI, Kenya, Oct 30 – The Employment and Labour Relations Court has ruled that the National Police Service Commission (NPSC) has no constitutional authority to recruit police officers, declaring its recent recruitment exercise illegal.
Justice Hellen Wasilwa, delivering judgment in Nairobi, stated that the power to recruit, train, assign, suspend, and dismiss police officers lies exclusively with the National Police Service (NPS) — not the NPSC or any external body.
“Recruitment by national security organs can only be done by the organ itself, not by any other entity,” Justice Wasilwa ruled.
The court held that the NPSC is not a national security organ under Article 239(1) of the Constitution and therefore cannot exercise functions reserved for the NPS. Justice Wasilwa cited Articles 243 and 244, affirming that matters of police recruitment, training, and discipline fall squarely within the NPS mandate.
As a result, the judge declared that the recruitment drive announced by NPSC Chairperson Peter Lelei was null and void, and that Legal Notice No. 159 of September 19, 2025, which authorised the process, is unconstitutional.
The court further issued a permanent injunction barring the NPSC from conducting any future 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,” ruled Justice Wasilwa.
The decision effectively halts the ongoing police recruitment exercise and reaffirms the constitutional independence of the National Police Service in managing its personnel.
