The Court of Appeal of Kenya has temporarily suspended a key part of a judgment that had vested exclusive powers to promote and dismiss police officers in the Inspector-General, pending the hearing of a constitutional appeal.
In a ruling delivered on Friday afternoon, a three-judge bench led by President Daniel Musinga, alongside Justices Mumbi Ngugi and George Odunga, ordered that the exercise of those powers be put on hold until an appeal is fully heard and determined. The decision follows an application filed by the Law Society of Kenya (LSK), which is challenging an earlier ruling by the Employment and Labour Relations Court (ELRC).
Background to the dispute
In its October 30, 2025 judgment, the ELRC held that the National Police Service Commission (NPSC) lacked constitutional authority over the recruitment, promotion, and dismissal of members of the National Police Service. The court ruled that these functions fall under the independent command of the Inspector-General, as provided for under the Constitution.
As a result, the ELRC barred the NPSC from undertaking police recruitment and nullified recruitment regulations published in September 2025, triggering widespread concern among key stakeholders in the justice and security sectors.
LSK appeal and constitutional concerns
Dissatisfied with the outcome, LSK, through lawyer Duncan Okatch, moved to the Court of Appeal seeking to suspend the judgment. The society argued that the ELRC decision upset the delicate constitutional balance established under Articles 245 and 246 of the Constitution, which define the respective roles of the Inspector-General and the NPSC.
LSK maintained that the case raises fundamental constitutional questions that can only be resolved through full appellate scrutiny.
The application was supported by both the Independent Policing Oversight Authority (IPOA) and the NPSC, which told the court that the dispute has far-reaching implications for police reforms and touches directly on matters of public interest.
Opposition by the Inspector-General
The Inspector-General and the National Police Service opposed the application, arguing that the Constitution clearly grants the Inspector-General independent command over police operations, including employment matters. They further informed the court that recruitment of police constables had already been concluded and training was ongoing.
They warned that suspending the process could jeopardise public safety, particularly as the country prepares for the 2027 General Election.
Court of Appeal’s reasoning
In its ruling, the Court of Appeal found that the intended appeal raises serious and arguable constitutional issues, particularly regarding the interpretation of Articles 245 and 246 and the proper allocation of human resource powers within the police service.
While noting that recruitment and training were already underway and could not practically be halted, the judges expressed concern that allowing promotions and dismissals to proceed before the appeal is resolved could result in confusion and irreversible consequences.
Consequently, the court froze the exercise of powers relating to the promotion and dismissal of police officers until the appeal is heard and determined. The judges clarified that they were not reverting those powers to the NPSC, but merely suspending their exercise in the interim.
What happens next
The Court of Appeal directed that the appeal be filed, prioritised, and heard within three months, citing the significant public interest involved. No orders were made on costs.
The appeal is now expected to conclusively determine a critical constitutional question: who holds the ultimate authority over the career management of police officers in Kenya the Inspector-General or the National Police Service Commission.
