Delivering the ruling on Thursday, Justice Hellen Wasilwa stated that the powers to recruit, train, and assign duties to police officers rest solely with the National Police Service (NPS) under the command of the Inspector General of Police (IG).
According to the court, the NPSC’s attempt to oversee the recruitment process was unconstitutional and went against the spirit of Article 232 of the Constitution, which defines the roles of national security organs.
“A declaration is hereby issued that recruitment by the national security organs under Article 232 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 judge also issued a permanent injunction barring the NPSC from conducting or advertising any police recruitment exercises in the future, terming its earlier notice in the Daily Nation as invalid.
Justice Wasilwa further clarified that the Inspector General is constitutionally mandated to handle recruitment, promotions, and dismissals within the Service, while the Commission’s role remains administrative and oversight-based.
The court ruling followed a petition filed by former MP John Harun Mwau, who challenged the recruitment drive that was set to begin on October 3. Mwau argued that the process could not proceed amid ongoing disputes between NPS and NPSC over payroll management.
The High Court had temporarily suspended the recruitment on October 2, pending determination of the case. In her directive, Justice Wasilwa ordered both the NPSC and the IG to respond to the petition within seven days.
The now-nullified recruitment was advertised on September 19, with plans to enlist thousands of new constables across the country.
The ruling underscores long-standing tensions between the Inspector General’s Office and the Police Service Commission over who holds the ultimate authority in managing Kenya’s police force.