The National Police Service (NPS) has secured a major victory after the Employment and Labour Relations Court declared that the National Police Service Commission (NPSC) has no constitutional authority to recruit police officers.
Justice Hellen Wasilwa, in a landmark judgment, ruled that the recent recruitment exercise advertised by the NPSC was unconstitutional and therefore null and void. The court affirmed that the power to recruit, train, assign, suspend, or dismiss police officers rests exclusively with the NPS and not with the commission.
“The recruitment by national security organs under Article 232(d) of the Constitution can only be done by the national security organ itself, and not by any other entity outside it,” ruled Justice Wasilwa.
The court found that the NPSC is not a national security organ as defined under Article 239(1) of the Constitution and therefore lacks the legal mandate to conduct recruitment functions reserved for the NPS.
Justice Wasilwa further pointed out that Article 243 of the Constitution establishes the National Police Service, comprising the Kenya Police Service and the Administration Police Service, and that all matters relating to recruitment, training, and discipline fall squarely within its jurisdiction.
Citing Articles 244(a) and (d), the judge reiterated that the NPS must maintain high standards of professionalism and discipline standards that are constitutionally protected from external interference.
In a move seen as a significant setback for the NPSC, the court nullified Legal Notice No. 159 of September 19, 2025, and issued a permanent injunction restraining the commission and its chairperson, Peter Lelei, from conducting any recruitment or related activities.
“A permanent order is hereby issued restraining the commission from proceeding with the recruitment or any related activities, including the advertisement published in the Daily Nation and the legal notice,” Justice Wasilwa directed.
The decision effectively halts the ongoing police recruitment drive and reaffirms the operational independence of the National Police Service in managing its own personnel affairs, marking a decisive victory for the service and a major blow to the commission’s authority.
