Why Court Nullified Recruitment Of 10,000 Kenya Police Officers
The court further ruled that the Commission is not constitutionally responsible for the nation’s internal security
Viral Tea Ke Writer 
The Employment and Labour Relations Court has nullified the planned police recruitment, ruling that the National Police Service Commission (NPSC) has no legal mandate to oversee the exercise.
Delivering the judgment on Thursday, October 30, Justice Hellen Wasilwa emphasized that the recruitment, training, and assignment of police duties fall squarely under the National Police Service (NPS).
The court further ruled that the Commission is not constitutionally responsible for the nation’s internal security and therefore has no authority to conduct the recruitment of police constables.
Photo of a legal scale and a gavel in Kenya. /LAWBHOOMI
Declaring the countrywide recruitment exercise “null and void,” the court faulted NPSC for allegedly violating Article 232 of the Constitution.
“A declaration is hereby issued that the 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.
“A permanent injunction is hereby issued restraining the Commission from proceeding with the recruitment or any related activities, including the advertisement published in the Daily Nation,” she added.
Justice Wasilwa further clarified that the authority to recruit and dismiss police officers lies solely with the Inspector General of Police, who leads the NPS, warning that any interference undermines the IG’s independence.
She pointed out that NPSC’s constitutional role is limited to oversight and administrative duties, not operational matters such as recruitment.
The disputed recruitment exercise was set to kick off on October 3, following an advertisement published by the NPSC on September 19.
However, the High Court had already suspended the process on October 2 after former MP John Harun Mwau filed a petition against Police IG Douglas Kanja and the NPSC.
Justice Wasilwa issued conservatory orders halting the recruitment pending the hearing and directed the respondents to file their responses within seven days.
In his petition, Mwau argued that the recruitment could not proceed while the NPS and NPSC remained in conflict over issues concerning the police payroll.
