High Court: NPSC has no authority to recruit, promote police officers
Justice Helen Wasilwa said the Constitution draws a clear line between the roles of the Inspector General and those of the NPSC, warning that any overlap would erode the IG's operational independence.
The High Court has stripped the National Police Service Commission (NPSC) of key human resource powers, declaring that it has no authority to recruit, train, employ, assign, promote, suspend, or dismiss officers of the National Police Service (NPS).
Justice Helen Wasilwa, sitting at the Environment and Land Court, ruled that these functions fall squarely under the independent command of the Inspector General (IG) as provided for under Article 245 of the Constitution.
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In her detailed judgment delivered on Thursday, Justice Wasilwa said the Constitution draws a clear line between the roles of the Inspector General and those of the NPSC, warning that any overlap would erode the IG's operational independence.
"The National Police Service Commission is not a national security organ under Article 239(1). Its mandate is limited to oversight, policy, and disciplinary control — not recruitment or deployment of officers," she stated.
The court also issued a permanent injunction barring the Commission from conducting any recruitment or related human resource exercises.
This includes halting the implementation of the police recruitment drive advertised on September 19, 2025, through Legal Notice No. 159, which the judge declared unconstitutional, null, and void.
Justice Wasilwa emphasised that the intention of the framers of the Constitution was to ensure that the Inspector General operates without external interference in matters affecting command and personnel management within the Service.
Allowing the NPSC to perform such roles, she said, would undermine accountability and professionalism in the police force.
"The Inspector General shall exercise independent command over the National Police Service, and no person may direct or interfere with employment, assignment, or promotion decisions," she ruled.
The court further directed that the National Police Service Act and the National Police Service Commission Act be reviewed to align them with constitutional provisions and to avert future disputes over roles between the two bodies.
Justice Wasilwa noted that the impugned legal notice inviting applications for police constables and cadets had triggered a constitutional petition questioning whether the NPSC had overstepped its mandate.
She held that the matter was not a mere employment dispute but one that touched the very structure and command of a national security organ.
The decision is expected to redefine the relationship between the Inspector General and the NPSC, clarifying boundaries within Kenya's policing framework.
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