The Employment and Labour Relations Court has nullified the recent police recruitment exercise, declaring that the National Police Service Commission (NPSC) has no constitutional authority to hire police officers.
Justice Hellen Wasilwa ruled that the recruitment exercise advertised by the commission was unconstitutional, stating that the power to recruit, train, assign, suspend, and dismiss officers lies exclusively with the National Police Service (NPS).
In her detailed judgment, Justice Wasilwa stated that the NPSC is not a national security organ as defined under Article 239(1) of the Constitution and therefore cannot exercise functions reserved for such organs.
“A declaration is hereby issued that recruitment by national security organs under Article 232(d) of the Constitution can only be done by the national security organ itself, and not by any other entity outside it,” she ruled.
The court reaffirmed that Article 243 of the Constitution establishes the National Police Service,comprising the Kenya Police Service and the Administration Police Service,and vests it with the mandate to handle all matters related to recruitment, training, and discipline.
Justice Wasilwa also referred to Article 244(a) and (d), which require the NPS to maintain high standards of professionalism and discipline among its members.
Following the decision, the court declared that any recruitment initiated or advertised by NPSC Chairperson Peter Lelei was unconstitutional and therefore null and void.
The court further nullified Legal Notice No. 159 of September 19, 2025, and issued a permanent injunction restraining the commission from undertaking any recruitment, training, assignment, suspension, or dismissal of police officers.
“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,” ruled Justice Wasilwa.
The ruling effectively halts the ongoing recruitment drive and reinforces the constitutional independence of the National Police Service in managing its personnel affairs.
