AG, NPS back Harun Mwau in petition to bar police commission from recruiting constables
Mwau argues that the power to recruit, employ, and discipline members of the National Police Service lies solely with the Inspector General (IG) of Police, as provided for under Article 245 of the Constitution.
The Attorney General and the National Police Service (NPS) have backed a petition filed by former Mbooni MP John Harun Mwau, seeking to bar the National Police Service Commission (NPSC) from recruiting police constables.
In the case pending before the Employment and Labour Relations Court, Mwau argues that the power to recruit, employ, and discipline members of the National Police Service lies solely with the Inspector General (IG) of Police, as provided for under Article 245 of the Constitution.
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Both the Attorney General and the National Police Service have filed documents supporting the petition, maintaining that the Constitution guarantees the Inspector General's independence as a safeguard to preserve discipline, professionalism, and command unity within the Service.
Through Principal State Counsel Ernest Kioko, the Attorney General told the court that Article 245(4)(c) of the Constitution expressly insulates the Inspector General from external direction or interference regarding employment, promotion, suspension, or dismissal of any member of the Service.
"The independence of the Inspector General is not a matter of administrative convenience but a constitutional safeguard designed to guarantee discipline and efficiency in the National Police Service," the AG states in the filing.
The State contends that the National Police Service Commission (Recruitment and Appointment) Regulations, 2025, which purport to grant the Commission power to recruit members of the Service, are unconstitutional and therefore null and void.
According to the Attorney General, the power of the Commission under Article 246(3) is limited to recruiting and appointing persons to hold or act in offices within the Service, and not ordinary police constables who fall under the category of members of the Service.
In a separate filing, the National Police Service, through its legal department, also supports the petition, stating that recruitment is an integral part of command and operational control, which must remain within the purview of the Inspector General.
"Splitting recruitment powers between the Inspector General and the Commission would weaken accountability, discipline, and the unity of command essential to a national security organ," the NPS argues.
The Service further submits that Article 238 of the Constitution places the responsibility of ensuring diversity and equity in recruitment on national security organs themselves, not external civilian commissions.
The case, filed on September 30, 2025, raises key constitutional questions about the separation of powers between the Inspector General and the Police Service Commission.
Both the Attorney General and the NPS have urged the court to affirm that the power to recruit police constables vests exclusively in the Inspector General.
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