Nairobi – 30 October 2025
A Kenyan court dealt a major blow to the recruitment drive for 10,000 police officers on Thursday by ruling that the National Police Service Commission (NPSC) exceeded its constitutional mandate.
In a detailed ruling, Lady Justice Hellen Wasilwa declared that the NPSC is not a national security organ under Article 239(1) of the Kenyan Constitution and therefore lacks the power to recruit, assign, suspend or dismiss members of the National Police Service (NPS).
“A declaration is hereby issued that the recruitment by national security organs under Article 232(d) of the Constitution can only be done by the national security organ itself, not any other entity outside the security organ,” she ruled.
Justice Wasilwa also struck down Legal Notice No. 159 of 19 September 2025, which had initiated the nationwide recruitment exercise, and issued a permanent injunction preventing the NPSC from further recruitment, training, employment, assignment, promotion, suspension or dismissal of NPS officers.
“Article 245(1)(2)(b) and (4)(c): the National Police Service Commission has no power in relation to employment, assignment, promotion, suspension, or dismissal of the members of service,” the ruling added.
The court’s decision follows a petition by former transport minister and Kilome MP John Harun Mwau, who argued that the NPSC had usurped the powers of the Inspector-General and the NPS by advertising the police recruitment exercise.
Legal experts say the judgment raises serious questions about how police staffing and oversight will be handled going forward, especially in a nation where security reform is politically sensitive. Some analysts view the ruling as a reaffirmation of the NPS’s autonomy, while others warn it may slow efforts to expand staffing in the police service at a time of rising security demands.
The Interior Ministry and NPSC have not yet issued formal responses, but the ruling effectively interrupts the recruitment process and may prompt urgent legislative review to clarify the division of roles between NPSC and NPS.
As Kenyans absorb the implications of the judgment, the outcome will likely shape how police governance and accountability are structured for years to come.