Judiciary Upholds Police Independence, Rules Recruitment Must Be Done By NPS
News Updated: 30 October 2025 12:20 EAT
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The Employment and Labor Relations Court has dealt a blow to the National Police Service Commission (NPSC), ruling that the body lacks constitutional authority to recruit police officers. Consequently, the court has declared the NPSC's recent police recruitment exercise unconstitutional.
In a detailed judgment, Justice Hellen Wasilwa issued a series of firm declarations, asserting that the critical functions of recruitment, training, assignment, suspension, and dismissal of police officers are the sole mandate of the National Police Service (NPS) itself, not any external entity.
“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, and not by any other entity outside it,” ruled Justice Wasilwa.
The court's ruling hinges on its finding that the NPSC is not a national security organ as defined under Article 239(1) of the Constitution. Justice Wasilwa stated that due to this status, the Commission lacks the constitutional authority to execute recruitment functions that are specifically reserved for the NPS.
The judge stated that allowing the Commission to handle matters of recruitment and deployment would compromise the operational independence of the police, which the Constitution safeguards to ensure professionalism and accountability within the security sector.
“The Inspector General shall exercise independent command over the National Police Service, and no person may give direction with respect to matters of employment, assignment, promotion, suspension, or dismissal of any member of the Service,” the judge stated.
Justice Wasilwa further directed that both the National Police Service Act and the National Police Service Commission Act be reviewed comprehensively to ensure they align with the Constitution to avoid future conflicts.
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