Editor's Review
NPSC has filed a Notice of Appeal to the Supreme Court seeking clarification on its mandate over the recruitment, appointments, promotions, transfers and disciplinary control of police officers.
The National Police Service Commission (NPSC) has filed a Notice of Appeal to the Supreme Court seeking clarification on its constitutional mandate over the recruitment, appointments, promotions, transfers and disciplinary control of police officers.
The move, announced on Friday, October 30, followed a Court of Appeal decision that upheld an earlier judgment by the Employment and Labour Relations Court concerning the respective responsibilities of the Commission and the Inspector-General of Police in managing human resource functions within the National Police Service.
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"More recently, the Commission’s constitutional mandate has been the subject of judicial decisions with far-reaching implications on the management of police officers," the Commission explained the legal developments surrounding its constitutional mandate.
NPSC said on October 30, 2025, the Employment and Labour Relations Court delivered a judgment addressing the respective mandates of the Commission and the Inspector-General, including recruitment and other human resource functions relating to police officers.
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The Commission subsequently challenged the decision through consolidated appeals at the Court of Appeal. However, the appellate court dismissed the appeals on October 16, 2026, upholding the lower court's decision.
"The Commission appealed that decision and on 16th October 2026, the Court of Appeal dismissed the consolidated appeals, therefore upholding the decision by the lower court," NPSC stated.
The Commission argued that the latest court decision had raised fundamental questions about how the constitutional provisions should be interpreted and their implications for police reforms.
"The judgment raises weighty constitutional questions about the interpretation of Articles 245, 246 and 249, and the safeguards intended to promote fairness, meritocracy, accountability and professionalism in the Service. These questions extend beyond the human resource functions," NPSC added.
NPSC maintained that the issues required a final determination by the country's highest court because of their implications for constitutional governance and the future of police reforms.
"Given their significance for constitutional governance and the future of police reforms, they merit authoritative and final determination by the Supreme Court. The Commission has since filed a Notice of Appeal to obtain that clarification in the public interest," the Commission explained.
The Commission further clarified that its decision to pursue the matter through the courts should not be interpreted as an attempt to challenge the Inspector-General's operational independence or create an institutional conflict.
"The Commission respects the decisions of the courts and remains committed to the Constitution and the rule of law. Its pursuit of appellate redress is neither an institutional contest nor an attempt to interfere with the Inspector-General’s independent command.
"It seeks clarity on the respective constitutional responsibilities of the institutions and the preservation of the checks and balances established under the Constitution," NPSC said.
This development comes weeks after NPSC flagged a fake court ruling circulating online that purported to have stripped the commission of its powers to recruit and promote police officers.
The document, which was circulated on social media on Wednesday, September 16, claimed that the Employment and Labour Relations Court ruled that the NPSC is not a national security organ and has no constitutional mandate to recruit, train, appoint, promote, suspend or dismiss police officers.
It further claimed that the court declared the recruitment of 10,000 police constables unconstitutional, null and void, while also purporting to bar the NPSC from undertaking future recruitment and promotions.
The document attributed the alleged ruling to Justice Hellen Wasilwa and claims that the Attorney General was directed to draft amendments to the NPSC Act and National Police Service Act within 90 days.
The circulating document also claims that the National Police Service would take over recruitment planning and concludes that Inspector General of Police Douglas Kanja would become the sole employer of police officers.
NPSC dismissed the document as fake, indicating that the claims contained in it should not be treated as an authentic court ruling.
