The Employment and Labour Relations Court has nullified the planned recruitment of police officers, ruling that the National Police Service Commission (NPSC) has no legal authority to conduct the exercise.
In a judgment delivered on Thursday, October 30, Justice Hellen Wasilwa stated that the mandate to recruit, train, and assign duties to police officers lies solely with the National Police Service (NPS).
The court further held that the NPSC is not constitutionally mandated to handle internal security matters and, therefore, cannot oversee the recruitment of police constables.
Police Recruitment Cancelled After Court Declares Process Unconstitutional. Photo: Courtesy.
Justice Wasilwa declared the recently advertised nationwide recruitment null and void, finding that the Commission had violated the Constitution, which governs public service values and principles.
Justice Hellen Wasilwa moreover ruled that the authority to recruit and dismiss police officers lies solely with the Inspector General (IG), who heads the National Police Service (NPS).
She noted that any involvement by the National Police Service Commission (NPSC) in such matters would undermine the IG’s independence.
The judge clarified that the NPSC’s constitutional role is limited to oversight and administrative functions, not operational duties such as recruitment.
The nationwide police recruitment, which was scheduled to begin on October 3 following an advertisement published on September 19, was halted by the High Court on October 2 after a petition filed by John Harun Mwau against the Police IG Douglas Kanja and the NPSC.
Justice Wasilwa issued conservatory orders suspending the exercise pending determination of the case and directed the respondents to file their responses within seven days.
In his petition, Mwau argued that the recruitment could not proceed amid ongoing disputes between the NPS and NPSC over control of the police payroll.
