The Employment and Labour Relations Court has ruled that the National Police Service Commission (NPSC) has no constitutional mandate to recruit police officers, declaring the recently advertised recruitment exercise null and void.
Delivering the judgment, Justice Hellen Wasilwa stated that under the Constitution of Kenya, only the National Police Service (NPS) is empowered to handle the recruitment, training, assignment, suspension, and dismissal of officers.
In her detailed ruling, Justice Wasilwa emphasized that the NPSC is not a national security organ as defined in Article 239(1) of the Constitution and therefore cannot perform core security functions reserved for the NPS.
“A declaration is hereby issued that recruitment by national security organs under Article 232(d) of the Constitution can only be undertaken by the security organ itself, and not by any external entity,” she ruled.
The court further highlighted that Articles 243 and 244 of the Constitution clearly establish the National Police Service comprising the Kenya Police Service and the Administration Police Service and assign it exclusive responsibility for recruitment, training, and discipline of its members.
Consequently, the court declared that any recruitment initiative spearheaded by NPSC Chairperson Peter Lelei, including the exercise advertised in September 2025, was unconstitutional.
Justice Wasilwa also nullified Legal Notice No. 159 of September 19, 2025, and issued a permanent injunction restraining the commission from conducting any police recruitment, training, or related activities.
“A permanent order is hereby issued restraining the commission from proceeding with the recruitment or any related activities, including the advertisement published in the Daily Nation and the legal notice,” Justice Wasilwa ruled.
The judgment effectively halts the ongoing police recruitment drive and reaffirms the institutional independence of the National Police Service in managing its human resource and operational functions.
The NPSC had planned to recruit 10,000 new police officers between October 3 and October 9, 2025, but the exercise was stopped after the court issued a temporary injunction on October 2 pending the final determination of the case.
