The National Police Service Commission has defended its authority over recruitment, promotions and disciplinary control of officers, telling the court that the Inspector General cannot usurp its constitutional mandate.
Through litigation counsel Chebet Koech, the Commission said Article 246 of the Constitution gives it exclusive powers to manage all human resource functions within the National Police Service, including for uniformed officers.
The submissions were made in response to a petition by Hon. John Harun Mwau, who wants the court to declare that the Inspector General and not the Commission should handle recruitment of police constables as a national security function.
The Commission told the Employment and Labour Relations Court that the 2010 Constitution deliberately separated operational command from personnel management to protect professionalism and accountability in the police service. It argued that the Inspector General’s role is operational, while the Commission’s mandate covers all employment matters.
“The Constitution does not envisage a dual employment structure within the National Police Service,” the submissions stated. “The Inspector General’s powers do not extend to recruitment or promotion.”
The Commission traced its creation to post-election violence reforms recommended by the Waki and Ransley reports, which found that political interference and irregular recruitment had undermined the integrity of the police. The reforms, it said, were meant to ensure an independent and transparent system for managing officers.
It cited a series of court decisions from the High Court, Court of Appeal and Supreme Court that have consistently affirmed its exclusive mandate over police human resource management. These include International Centre for Policy and Conflict v Attorney General, Muthuuri v Attorney General and Republic v Deputy Inspector General ex parte Morris Sagala.
The Commission also challenged the court’s jurisdiction, saying the case raises constitutional questions on national security and institutional powers that belong before the High Court, not the Employment and Labour Relations Court.
It defended the 2025 recruitment regulations published in Legal Notice No. 159, saying they were lawfully made under Section 28 of the NPSC Act after public participation and parliamentary submission as required by the Statutory Instruments Act.
“The regulations were properly enacted to guide transparent, merit-based recruitment,” the Commission said, urging the court to dismiss the petition in its entirety for lack of merit and jurisdiction
