Kenya’s National Police Service Commission (NPSC) asked the Court of Appeal on Monday to suspend a recent recruitment of more than 10,000 police constables, saying the exercise was conducted without legal authority and violated the commission’s constitutional mandate.
Lawyers for the NPSC told a three-judge bench that Inspector General of Police Douglas Kanja overstepped his powers when the National Police Service (NPS) carried out the nationwide drive last month.
Commission says recruitment lacked legal framework
The dispute began after the Employment and Labour Relations Court ruled on Oct. 30 that certain sections of the National Police Service Act were unconstitutional because they interfered with the Inspector General’s independent command.
That decision struck down the National Police Service Commission (Recruitment and Appointment) Regulations, which the NPSC says are essential for ensuring transparency and merit in hiring.
“In the absence of those regulations, there exists no lawful procedure governing the recruitment of police officers,” NPSC Chief Executive Peter Leley said in an affidavit. “The process is therefore void from the outset.”
The commission argued that allowing the Oct. 30 ruling to stand would permanently transfer its constitutional powers — including recruitment, promotion, transfer and discipline — to the office of the Inspector General.
Recruitment went ahead despite earlier freeze
A separate High Court petition had briefly halted the exercise in early November, but the conservatory order was lifted on Nov. 14 after Kanja warned that further delays would compromise national security ahead of the 2027 elections.
Three days later, on Nov. 17, the NPS recruited applicants at 427 centres across the country in a single-day exercise. Successful candidates are now undergoing training.
The NPSC told the Court of Appeal that reversing the recruitment after officers have been hired and deployed would create administrative chaos and undermine public confidence.
Civilian oversight versus operational independence
At the heart of the case is a long-running tension between civilian oversight of the police — a key reform introduced by Kenya’s 2010 constitution — and the operational independence granted to the Inspector General.
The NPSC maintains that Article 246 of the constitution vests it with exclusive authority over human resource functions in the police service, while the NPS argues that constables fall under its direct command as a national security organ.
The commission also challenged the lower court’s suggestion that the police service has two categories of employees with different employers, calling the distinction legally flawed.
Ruling expected in February
The appellate court is scheduled to deliver its decision on whether to stay the Oct. 30 judgment on Feb. 27, 2026.
If the NPSC succeeds, the recruitment of the 10,000-plus constables could be nullified, forcing the government to restart the process under the commission’s supervision.
Kenya has struggled with police staffing levels in recent years. Official figures show the force had 104,080 officers as of mid-2024, down from 108,013 the previous year, worsening the police-to-population ratio to roughly one officer for every 512 citizens.
The NPSC has previously delegated day-to-day recruitment to the NPS but insists it must retain overall control and set the regulatory framework.
Neither Inspector General Kanja nor the office of the Attorney General immediately responded to requests for comment on Monday’s hearing.
