The Employment and Labour Relations Court has nullified the planned police recruitment.
The Court has ruled that the Inspector General of Police has sole authority to recruit officers, thereby blocking the National Police Service Commission (NPSC) from participating in the process, as it lacks the legal authority to oversee recruitment.
Delivering her ruling on Thursday, October 30, Justice Hellen Wasilwa emphasized that the recruitment, training, and deployment of police officers fall strictly under the jurisdiction of the National Police Service (NPS).
She noted that, since the NPSC is not mandated to handle internal security matters under the Constitution, it lacks the power to carry out or oversee the recruitment of police constables.
Justice Wasilwa further criticized the NPSC for breaching Article 239 of the Constitution and consequently nullified the recently advertised national police recruitment exercise.
“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. 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.
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Other Clarifications
The judge affirmed that the Inspector General of Police holds exclusive authority to hire and dismiss police officers and warned that any interference by the Commission would undermine the IG’s operational independence.
She also clarified that the NPSC performs only oversight and administrative duties and does not handle operational matters within the NPS.
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Police Recruitment Dates and Schedule
The NPSC had scheduled the nationwide police recruitment to begin on October 3, following an advertisement published on September 19.
However, the High Court temporarily stopped the exercise on October 2 after John Harun Mwau filed a petition against Police IG Douglas Kanja and the NPSC.
Justice Wasilwa issued a conservatory order suspending the recruitment until the case is heard and determined, and directed the respondents to file their responses within seven days.
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Applicants during a past police recruitment exercise. PHOTO/FILE.
