National Police Service Commission says court lacks jurisdiction on recruitment
Citing police reform history, the Police service commission told the Labour court that its independence is vital to keeping politics out of police recruitment.
The National Police Service Commission (NPSC) has urged the Employment and Labour Relations Court to dismiss a petition challenging its recruitment mandate, arguing that the court lacks jurisdiction to hear the matter.
Through its litigation counsel, Chebet Koech, the commission — named as the 3rd Respondent in the case — filed a detailed replying affidavit dated October 9, 2025, opposing both the petition and an accompanying notice of motion application dated September 30, 2025.
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The NPSC emphasised that its role in managing human resource functions within the National Police Service (NPS) is constitutionally established under Article 246(3) of the Constitution of Kenya, 2010, which grants it exclusive authority over recruitment, appointments, promotions, transfers, and disciplinary control of officers.
Koech told the court that the petitioners had misinterpreted the law and overlooked the constitutional framework that created the Commission as an independent body. She argued that the Employment and Labour Relations Court has no jurisdiction since the case does not arise from any employer–employee dispute but instead concerns constitutional provisions on national security governance, including Articles 238, 239, 243, and 246.
"Jurisdiction is the foundation upon which judicial authority is exercised, and without it, a court cannot make a valid determination," the NPSC submitted, insisting that the petition falls outside the employment and labour relations framework defined under Section 12(1) of the Employment and Labour Relations Court Act.
Deliberate constitutional response
The commission also traced its establishment to post-2007 election reforms, noting that its creation was a deliberate constitutional response to the findings of the Commission of Inquiry into Post-Election Violence (CIPEV) and the National Task Force on Police Reforms, chaired by Justice (Rtd.) Philip Ransley.
The CIPEV and Ransley reports identified systemic weaknesses in the former Kenya Police and Administration Police, including politically influenced recruitment, poor discipline, and lack of accountability. They recommended the creation of an independent Police Service Commission to professionalise and depoliticise the Service.
Koech argued that this historical context demonstrated that the NPSC's mandate was never intended to be limited to civilian staff but was designed to ensure fairness and independence in managing all persons serving within the National Police Service.
The commission urged the court to uphold its constitutional independence and dismiss the petition, warning that granting the orders sought would "undermine the institutional framework governing police human resource management" and reverse gains made in police reforms.
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