Labour Court rules IG Kanja has exclusive powers to recruit police officers

The Employment and Labour Relations Court has declared that the Inspector General (IG) of Police holds an independent mandate to manage employment, promotion, and disciplinary matters within the National Police Service (NPS).

In her judgment, Justice Hellen Wasilwa affirmed that the IG’s authority is constitutionally protected under Articles 245(1) and 245(2)(b), stating that “no person or body, including the National Police Service Commission (NPSC), may direct or interfere with the IG’s command functions.”

Justice Wasilwa further issued a prohibition order barring the NPSC from interfering with the recruitment of 10,000 police officers, declaring that such recruitment falls strictly under the operational mandate of the NPS as a national security organ.

“This court has issued an order prohibiting the NPSC from interfering with the recruitment of police officers gazetted last month since such processes fall exclusively under the operational mandate of the National Police Service,” said Justice Wasilwa.

The ruling settles long-standing tensions between the two institutions, reinforcing the Inspector General’s independence while delineating the Commission’s administrative role in line with constitutional provisions.

The decision follows a petition by former Kilome MP Harun Mwau, filed on September 30, challenging the recruitment powers of the NPSC over uniformed police officers.

Mwau argued that the Commission’s actions violated the Constitution and sought to annul several sections of the National Police Service Commission Act and the National Police Service Act.

Mwau maintained that recruitment should be handled solely by the NPS under the command of the IG.

He insisted that under Articles 238, 239, and 245 of the Constitution, these powers lie with the National Police Service as a national security organ headed independently by the IG.

He sought over 20 declarations from the court, including orders nullifying Legal Notice No. 159 of September 19, 2025, which advertised new police recruitment under NPSC’s oversight.

“Recruitment by national security organs must reflect the diversity of the Kenyan people, and this is not a function that can be constitutionally delegated to the Commission. The NPSC is not a national security organ under Article 239(1) of the Constitution and therefore has no business recruiting uniformed officers,” Mwau stated in his submission.

He further described the NPSC’s actions as unconstitutional, ultra vires, and in breach of the IG’s command powers under Article 245.

The IG, Douglas Kanja, and the NPS, through lawyers Paul Nyamodi and Martin Gitonga, supported Mwau’s petition.

“The 1st Respondent (IG) is a constitutional office established under Article 245(1) of the Constitution, and it is mandated by the Constitution to exercise independent command over the National Police Service, the 2nd Respondent herein,” Nyamodi told the court.

Justice Wasilwa outlined the constitutional distinctions between the IG and the NPSC.
She noted that the NPSC is not a national security organ under Article 239(1), and that recruitment by national security organs under Article 232(g) can only be conducted by the organs themselves.

“Under Article 245(2)(b) and (4)(c), no person may give direction to the Inspector General regarding employment, assignment, promotion, suspension, or dismissal of any member of the Service,” she held.

She affirmed that the NPS, which comprises the Kenya Police Service and the Administration Police Service, must independently carry out its constitutional functions, including maintaining professionalism, discipline, competence, integrity, and respect for human rights (Articles 234(a) and (b)).

The court also clarified that while the NPSC may appoint, recruit, transfer, or promote persons holding administrative offices in the Service (Articles 246(1) and 246(2)(b)), there are two distinct classes of personnel: those under the IG’s independent command and those under the administrative remit of the NPSC (Articles 238(2) and 239(1)).

Justice Wasilwa stated that “there have been no orders of force, and that is the guarantee of the law.”