Police recruitment exercise postponed indefinitely after court order

Friday's National Police Service recruitment exercise has been postponed indefinitely.

The postponement follows an earlier court ruling that temporarily halted the exercise pending the hearing and determination of a petition challenging the involvement of the National Police Service Commission in the recruitment exercise.

"In accordance with the Order of the Employment and Labour Relations Court, issued on 2nd October 2025 in Petition No. E196 of 2025 (Harun Mwau v. Inspector General of Police, the National Police Service Commission & 2 Others), the police recruitment exercise scheduled to commence on 3rd October 2025 has been postponed until further notice," a statement from NPS said on Thursday.

It added that the National Police Service, in conjunction with the National Police Service Commission, are actively pursuing appropriate legal remedies to ensure the recruitment exercise can resume at the earliest opportunity.

"As a Service, we remain committed to upholding the rule of law and complying with court orders," the statement further said.

Meanwhile, the two entities are holed up in a meeting to find a solution to the stalemate owing to the current demands for more officers in the country.

Earlier, Interior CS Kipchumba Murkomen said the exercise is urgently needed to meet the current demand of officers in the country, occasioned by a four-year delay.

The exercise is expected to enlist 10,000 Kenyans into the service.

The petitioner, John Harun Mwai, argues that the National Police Service is mandated to recruit its own staff as a national security organ under Article 238(2)(d).

He says that under Article 244 (a) and (d), the Inspector General is vested with independent command of the service, which is buttressed and fortified under Article 245(4)(c) that no person may give direction to the Inspector General on the employment, assignment, promotion, suspension or dismissal of members of the service.

As such, Mwai adds that the Constitution, wholly clearly creates a distinction between "members of the service"; therefore, the commission, which has civilian members, has no mandate over police recruitment.

The petitioner further notes that the recruitment under Article 238(2)(d) is exclusive to National Security Organs; this Article 238(2)(d) provides that "recruitment by the national security organs shall reflect the diversity of the Kenyan people in equitable proportions."

He therefore concludes that, as such, the advertisement made by the commission on the recruitment on September 19 is null and void.

"This is an explicit constitutional directive that recruitment of members of a national security organ is to be carried out by that organ itself, and no other body. This provision sets a standard both in process (who recruits) and in outcome (diversity and equity). The NPSC is not a national security organ," the petitioner argues.

"Its recruitment mandate under Article 246(3) is distinct and applies only to civilian human resource positions within the NPS, not to sworn members of the Service whose recruitment falls under Article 238(2)(d). This separation preserves operational security, ensures recruitment is handled by those with functional and operational competence, and protects sensitive processes from unnecessary civilian intrusion."

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He told the court that unless the orders sought are granted ex parte, the NPSC is likely to proceed with the recruitment of members of the service, in clear violation of the Constitution, which is likely to undermine national security.