Kenya Court of Appeal Affirms IGP Police Recruitment Powers

• The Kenya Court of Appeal affirmed the Inspector-General's independent command over the recruitment and management of sworn police officers.
• Appeals by the National Police Service Commission and the Law Society of Kenya against a lower court ruling were dismissed.
• The ruling clarifies that NPSC's powers under Article 246(3) apply only to civilian staff, not uniformed police.
• The court upheld the unconstitutionality of NPSC's 2025 police recruitment advertisement and related legal notice.
• The dispute originated from a challenge by John Harun Mwau against NPSC's authority to recruit police constables.

The principle of independent command, as enshrined in the Constitution, serves to shield the Inspector-General from external directives from any individual or institution concerning the employment, assignment, promotion, suspension, or dismissal of police officers.

The Kenya Court of Appeal recently delivered a definitive judgment, reinforcing the independent command of the Inspector-General (IGP) over police officers. On a Friday, a three-judge bench comprising Justices Patrick Kiage, Jamila Mohammed, and Jessie Lesiit unanimously dismissed consolidated appeals filed by the National Police Service Commission (NPSC) and the Law Society of Kenya (LSK). This ruling upheld an earlier decision by the Employment and Labour Relations Court, dated October 30, 2025, which had previously barred the NPSC from conducting the recruitment of uniformed police personnel.

The appellate court's decision explicitly affirmed that the Constitution vests the authority for the recruitment, training, employment, deployment, promotion, suspension, and dismissal of sworn police officers within the National Police Service, under the Inspector-General's exclusive command. The judges concluded that the appeals lacked merit and were therefore dismissed in their entirety. Given the significant public interest surrounding the dispute, the Court of Appeal directed each party to bear its own legal costs. This judgment effectively resolves a long-standing contention regarding the division of human resource responsibilities between the Inspector-General and the NPSC.

The legal battle that culminated in this appellate court decision originated from a challenge initiated by businessman and former legislator John Harun Mwau. Mr. Mwau contested the National Police Service Commission's authority to recruit police constables, leading to proceedings in the Employment and Labour Relations Court. That court subsequently issued a ruling that affirmed the Inspector-General's independent command over police recruitment and related human resource functions for uniformed officers.

Following this initial judgment, both the National Police Service Commission and the Law Society of Kenya lodged appeals, seeking to overturn the lower court's findings. The Court of Appeal had, in February 2026, issued an interim order that temporarily suspended certain aspects of the Employment and Labour Relations Court's judgment, specifically those pertaining to the Inspector-General's exclusive powers over police promotions and dismissals. The recent Friday judgment, however, definitively dismisses these appeals, thereby reinstating and reinforcing the original declarations made by the Employment and Labour Relations Court.

Central to the Court of Appeal's reasoning was a meticulous interpretation of the Constitution of Kenya, particularly concerning the distinct roles of the Inspector-General and the National Police Service Commission. The NPSC had previously contended that the Constitution granted it broad authority to recruit and manage all police officers. However, the appellate court firmly rejected this interpretation, drawing a clear distinction between sworn police officers, who are constitutionally defined as members of the National Police Service, and civilian employees who provide essential support functions within the service.

The judges clarified that the NPSC's powers, including recruitment, appointment, promotion, and disciplinary actions, as outlined in Article 246(3) of the Constitution, are specifically applicable to civilian personnel. This category encompasses administrative, technical, accounting, information technology, and legal staff working within the police service, rather than uniformed officers. Furthermore, the court underscored that the NPSC is not classified as a national security organ under Article 239 of the Constitution, which designates the National Police Service, the Kenya Defence Forces, and the National Intelligence Service as the country's primary national security bodies. The principle of independent command, as enshrined in the Constitution, serves to shield the Inspector-General from external directives from any individual or institution concerning the employment, assignment, promotion, suspension, or dismissal of police officers. The judgment emphatically stated that "No person, not even the Cabinet Secretary, and thus less still the Commission, may give him a direction" on such matters.

This landmark ruling has significant implications for the management of human resources within the Kenyan police force, providing much-needed clarity on the constitutional separation of powers. By upholding the lower court's declarations, the Court of Appeal effectively rendered unconstitutional the National Police Service Commission's advertisement for the recruitment of police constables, issued on September 19, 2025, as well as Legal Notice No. 159 of 2025, which detailed the commission's recruitment procedures. The decision firmly establishes that the Inspector-General holds exclusive command over the recruitment and other human resource processes for sworn police officers, ensuring their operational independence.

The judgment reinforces the constitutional framework that delineates the NPSC's role to civilian staff management, while reserving the core functions related to uniformed officers for the Inspector-General. This distinction is crucial for maintaining the operational integrity and independent command structure of the police service, as envisioned by the Constitution. The ruling ensures that the Inspector-General can exercise unimpeded authority over the personnel directly involved in law enforcement duties, free from potential interference from other bodies, thereby strengthening the Inspector-General's independent command police.

Lawyers advising the National Police Service Commission or the Inspector-General of Police must now clearly distinguish between the recruitment and HR processes for sworn police officers, which fall under the IGP's independent command, and civilian staff, which remain under NPSC's purview, to ensure compliance with this definitive Court of Appeal ruling.

Source: Original reporting via Capital FM Kenya.