NAIROBI, KENYA – The Employment and Labour Relations Court on Thursday, 30th October 2025, delivered a landmark judgment nullifying the planned recruitment of 10,000 police constables. In a ruling with significant implications for Kenya's national security, Justice Hellen Wasilwa declared the exercise unconstitutional, affirming that the National Police Service Commission (NPSC) has no legal mandate to recruit officers.

The verdict permanently halts the recruitment drive that was initially scheduled to run from 3rd to 9th October 2025 across the country. The court found that the NPSC had unlawfully usurped powers constitutionally reserved for the Inspector General of Police. "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," stated Justice Wasilwa in her judgment.

Constitutional Mandate at the Core

The legal challenge was initiated by former Kilome Member of Parliament, John Harun Mwau, who argued that the NPSC's actions violated the Constitution. The petition, filed as case number E196 of 2025, contended that Article 245 of the Constitution grants the Inspector General independent command over the National Police Service (NPS), including all matters of employment, promotion, and discipline. Mwau argued that allowing the NPSC, which is not a national security organ, to handle recruitment would undermine the command structure and operational independence of the police service.

In a surprising turn, the petition was supported by Inspector General Douglas Kanja and Attorney General Dorcas Oduor, who sided with Mwau against the NPSC. They argued that the commission's involvement interfered with the internal operations of a security organ and threatened the unity of command essential for effective policing. The NPSC, in its defence, had challenged the court's jurisdiction, arguing the matter concerned national security administration and should be handled by the High Court. However, Justice Wasilwa proceeded, ultimately invalidating the NPSC (Recruitment and Appointment) Regulations, 2025, published under Legal Notice No. 159, as unconstitutional.

Implications for a Strained Police Service

The cancellation of the recruitment drive exacerbates a significant human resource gap within the National Police Service. The planned intake of 10,000 officers was the first in four years and was deemed critical to bolstering the service's capacity. With a current force of just over 100,000 officers for a population exceeding 55 million, Kenya's police-to-citizen ratio remains a pressing concern. Interior Cabinet Secretary Kipchumba Murkomen had earlier expressed frustration with the initial court suspension, highlighting the urgent need for new officers to replace those who have retired or died in service and to enhance security along the country's borders.

Security experts warn that this delay could strain existing police personnel, who are already stretched thin, and potentially compromise national security operations. The ruling comes at a time when the country is grappling with various security challenges, including urban crime, banditry, and the persistent threat of terrorism. The failure to augment the police force could hamper efforts to address these issues effectively.

A History of Recruitment Controversies

This is not the first time police recruitment in Kenya has been embroiled in controversy and legal battles. Past exercises have been marred by allegations of widespread corruption, nepotism, and procedural irregularities, often leading to court-ordered cancellations. These recurring issues point to systemic challenges within the security sector's governance and oversight frameworks. The creation of the NPSC itself was a key outcome of post-2007 election violence reforms, specifically intended to insulate police human resource management from political interference and ensure accountability.

In her ruling, Justice Wasilwa called on Parliament to comprehensively review the National Police Service Act and the National Police Service Commission Act to align them with the Constitution and eliminate ambiguities that lead to such institutional conflicts. The judgment is seen as a crucial step in clarifying the distinct roles of the Inspector General's command and the NPSC's civilian oversight. While it creates a short-term security gap, the ruling reinforces the principles of constitutionalism and the rule of law in the governance of Kenya's security organs. The responsibility now falls on the Inspector General to initiate a new, constitutionally compliant recruitment process to fill the critical vacancies in the service.