The Court of Appeal of Kenya has temporarily suspended the part of a judgment by the Employment and Labour Relations Court that gave the Inspector-General exclusive power over the promotion and dismissal of police officers.

In a ruling this afternoon three-judge bench comprising President Daniel Musinga, Mumbi Ngugi and George Odunga said those powers will remain on hold pending the hearing and determination of an appeal filed before the court.

The appeal by the Law Society of Kenya (LSK), is challenging an ELRC decision made on October 30, 2025.

In that earlier ruling, the ELRC held that the National Police Service Commission (NPSC) does not have constitutional authority over recruitment, promotion and dismissal of members of the National Police Service.

The court declared that those powers fall under the independent command of the Inspector-General and the National Police Service.

It also barred the NPSC from undertaking recruitment and nullified recruitment regulations published in September 2025.

Dissatisfied with that outcome, LSK through lawyer Duncan Okatch moved to the Court of Appeal seeking to suspend the judgment, arguing that it disrupted the constitutional balance between the Inspector-General and the NPSC under Articles 245 and 246 of the Constitution.

The lawyers body maintained that the matter raises serious constitutional questions that require full appellate consideration.

The Independent Policing Oversight Authority (IPOA) and the NPSC supported the application, telling the court that the dispute affects police reforms and has wide public interest implications.

However, the Inspector-General and the National Police Service opposed the application.

They argued that the Constitution clearly grants the Inspector-General independent command over employment matters and that recruitment of police constables had already been conducted, with training underway.

They warned that halting the process would undermine public safety, especially as the country prepares for the 2027 General Election.

In its decision, the Court of Appeal found that the intended appeal raises weighty and arguable constitutional issues, including the interpretation of Articles 245 and 246 and the proper division of human resource powers within the police service.

The judges noted that recruitment had already taken place and training had commenced, making it impractical to stop that process.

However, they said promotions and dismissals, if allowed to proceed before the appeal is determined, could create confusion and potentially irreversible consequences.

As a result, the court froze the exercise of powers relating to promotion and dismissal of police officers until the appeal is heard and determined.

The judges clarified that they were not transferring those powers back to the NPSC, but simply suspending their exercise in the interim.

The Court of Appeal directed that the appeal be filed and heard on priority within three months, citing the public importance of the matter. No order was made as to costs.

The appeal is expected to settle a key constitutional question: who has the ultimate authority to manage the careers of police officers the InspectorGeneral or the National Police Service Commission