The Employment and Labour Relations Court has declared that the National Police Service Commission (NPSC) has no powers to recruit police officers, ruling that the recent recruitment exercise advertised by the commission was unconstitutional.

Justice Hellen Wasilwa, in a detailed judgment, issued a series of declarations affirming that the recruitment, training, assignment, suspension, and dismissal of police officers can only be conducted by the National Police Service (NPS) itself and not by any external body.

The court held that the NPSC is not a national security organ as defined under Article 239(1) of the Constitution, and therefore lacks the constitutional authority to carry out recruitment functions reserved for the 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, and not by any other entity outside it,” ruled Justice Wasilwa.

The judge further emphasized that Article 243 of the Constitution establishes the National Police Service, which comprises the Kenya Police Service and the Administration Police Service, and that all functions relating to recruitment, training, and discipline fall squarely under its mandate.

Justice Wasilwa also cited Article 244(a) and (d), noting that the NPS is constitutionally mandated to uphold high standards of professionalism and discipline among its members.

Consequently, the court declared that any recruitment process advertised or initiated by the NPSC Chairperson, Peter Lelei, is null and void for violating the Constitution.

Additionally, the court 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 order is hereby issued restraining the commission from proceeding with the recruitment or any related activities, including the advertisement published in the Daily Nation and the legal notice,” Justice Wasilwa ruled.

The ruling effectively halts the ongoing police recruitment drive and reinforces the constitutional independence of the National Police Service in managing its human resource functions.