- On Thursday, October 30, the Employment and Labour Relations Court issued a ruling in a case challenging the planned recruitment of 10,000 police officers
- Justice Hellen Wasilwa issued a detailed ruling explaining the advertisement by the National Police Service Commission (NPSC) was null and void
- In her ruling, Justice Wasilwa highlighted the key functions of the National Police Service (NPS) under the leadership of Inspector General of Police Douglas Kanja
Amos Khaemba, a journalist at TUKO.co.ke, has over four years of experience covering politics and current affairs in Kenya.
Nairobi – The Employment and Labour Relations Court has nullified the planned recruitment of 10,000 police officers by the National Police Service Commission (NPSC).
Source: Facebook
In a ruling delivered on Thursday, October 30, Justice Hellen Wasilwa argued NPSC lacks the legal authority to preside over the recruitment exercise.
Why did the court nullify planned police recruitment?
While declaring a recent recruitment advertisement ‘null and void’ for violating the Constitution, Justice Wasilwa said recruitment, training and delegation of duties to police officers was purely the mandate of the National Police Service (NPS).
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“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,” Justice Wasilwa ruled.
Who should be recruiting police officers?
Justice Wasilwa further stated that the role of recruiting and dismissing police officers was exclusively the role of the Inspector General of Police, who heads NPS and that any overreach would interfere with the IG’s independence.
Wasilwa highlighted that the Commission’s role was explicitly handling oversight and administrative functions and that operational roles were not part of the NPSC’s constitutional mandate.
The judge further declared Legal Notice No. 159 of September 19, 2025, unconstitutional, issuing a permanent injunction restraining the NPSC from undertaking any recruitment, training, assignment, suspension, or dismissal of police officers.
“A permanent injunction is hereby issued restraining the Commission from proceeding with the recruitment or any related activities, including the advertisement published on the Daily Nation,” the judge ruled.
Source: Facebook
Why did Sheria Mtaani seek to halt police recruitment?
The Sheria Mtaani petitioned the High Court to issue conservatory orders stopping the ongoing police recruitment exercise of 10,000 police officers until a pending case is fully heard.
The lobby argued that proceeding with the recruitment would entrench disputed payroll practices within the NPS.
In a supporting affidavit, it was stated that such action could prejudice the outcome of the petition and erode public trust.
Ironically, the Inspector General of Police (IG), the Attorney General (AG), and the National Police Service (NPS) filed affidavits supporting a petition seeking to stop the hiring of 10,000 new officers across the country.
Represented by lawyers Paul Nyamodi and Martin Gitonga, alongside Attorney General Dorcas Oduor, Kanja and the NPS told the court that the NPSC lacks constitutional powers to recruit police constables.
They urged the court to allow the petition and suspend the exercise.
Source: TUKO.co.ke
