Kenya Court of Appeal: IG Police Hiring Power, Payroll Control Affirmed

• The Kenya Court of Appeal ruled that Inspector General Douglas Kanja holds the power to hire police officers and manage the Sh60 billion police payroll.
• The judgment clarified that the National Police Service Commission's mandate is limited to recruiting its own civilian staff, not sworn police officers.
• Judges found it illogical for the IG to be accountable for officers he does not have a say in hiring, emphasizing the IG's operational independence.
• The case originated from a challenge by former MP Harun Mwau, who argued the NPSC lacked powers over police recruitment and payroll.
• The Attorney General supported the IG's position, stating no constitutional provision assigns payroll management to the NPSC.

The Court of Appeal's definitive ruling provides crucial clarity on the distinct roles and powers within Kenya's National Police Service.

The Kenya Court of Appeal has delivered a unanimous judgment, affirming Inspector General Douglas Kanja's authority to hire constable police officers and manage the substantial Sh60 billion police payroll. This ruling marks a significant victory for the Inspector General in a long-standing dispute with the National Police Service Commission (NPSC) regarding the extent of their respective powers.

The three-judge bench, comprising Justices Patrick Kiage, Jamila Mohammed, and Jessie Lesiit, found that the law unequivocally establishes the Inspector General's independence as the head of the police service. Crucially, the court clarified that the NPSC is not designated as an agency responsible for Kenya's internal security, thereby distinguishing its role from the operational command of the police force.

This legal battle originated from a case initiated by former Kilome Member of Parliament Harun Mwau in the Employment and Labour Relations Court. Mwau contended that the National Police Service Commission powers did not extend to managing the police payroll or conducting recruitment for police officers.

Instead, Mwau argued that the NPSC's Kenya police recruitment mandate was limited to its own civilian staff, while the Inspector General was constitutionally mandated to recruit police officers. His lawyer, Macmillan Ouma, further elaborated that the NPSC, not being a security organ, could not control payroll and other functions exclusively assigned to the IG. Ouma specifically referenced Article 246(3) of the Constitution for the NPSC's civilian human resource recruitment mandate, contrasting it with Article 238(2)(d) concerning sworn members of the Service.

The appellate judges deemed it illogical for the Inspector General, who bears accountability for commanding police personnel, to lack involvement in their hiring process. They stated it would be "

Lawyers advising on police service human resources or operational matters in Kenya should note the Court of Appeal's definitive ruling affirming the Inspector General's authority over police officer recruitment and payroll, clarifying the NPSC's more limited role to civilian staff. This impacts compliance related to personnel management and accountability within the National Police Service.

Source: Original reporting on Kenyan legal developments.