The National Police Service Commission (NPSC) has moved to the Court of Appeal to crush the recent recruitment of 10,000 police constables, terming the exercise conducted by Inspector General Douglas Kanja as a process "anchored on legal emptiness."

This latest salvo in the supremacy war between the civilian oversight body and the uniformed command threatens to shatter the dreams of thousands of young Kenyans. At the heart of the battle is a contested High Court ruling that stripped the NPSC of its hiring mandate, a decision the Commission now claims has created a dangerous lack of transparency in the security sector.

‘Anchored on Legal Emptiness’

Appearing before the appellate court on Monday, lawyers for the NPSC launched a blistering attack on the recruitment drive overseen by IG Kanja last month. The Commission argued that by proceeding without the NPSC’s oversight, the Inspector General stepped into a constitutional space reserved for the civilian employer.

"The recruitment across the country was a process undertaken in a vacuum, stripped of the statutory and regulatory safeguards that ordinarily anchor transparency, fairness, and merit," the Commission told the court. They warned that allowing the IG to act as both recruiter and commander eliminates the checks and balances envisioned by the 2010 Constitution.

The dispute stems from an October 30 judgment by Employment and Labour Relations Court Justice Hellen Wasilwa. In a landmark ruling, Justice Wasilwa declared that the recruitment of police constables is a function exclusively vested in the National Police Service (NPS) as a national security organ, effectively locking out the NPSC.

10,000 Jobs in Limbo

For the 10,000 recruits who successfully ran the gauntlet of physical checks and academic verification, this legal escalation is a nightmare scenario. If the Court of Appeal sides with the NPSC, their recruitment could be declared null and void, forcing a restart of the entire costly exercise.

• The Timeline: The recruitment was initially advertised by the NPSC on September 19, 2025.
• The Halt: It was stopped on October 2 following a petition by veteran politician John Harun Mwau, who argued the bodies were fighting over payroll and mandate.
• The Twist: After Justice Wasilwa’s October 30 ruling favoring the IG, the police service proceeded with the hiring in November.

The NPSC, currently led by Chairperson Dr. Amani Komora, insists that the trial court erred by declaring sections of the National Police Service Act unconstitutional. They argue that stripping the Commission of its human resource functions—including recruitment and promotions—reduces it to a shell and returns the police service to the days of unchecked internal command.

A History of Turf Wars

This standoff is not new, but it is arguably the most severe. The relationship between the Commission and the Inspector General’s office has been frosty for years, often centering on who controls the payroll and promotions. In 2023 and 2024, similar spats played out publicly, but the complete judicial removal of the NPSC from recruitment marks a significant shift.

Critics warn that the paralysis affects national security. With a deficit of officers on the ground, delays in training new boots mean fewer patrols and strained resources in combating crime. For the taxpayer, the prospect of funding a repeat recruitment drive—likely costing hundreds of millions of shillings—is a bitter pill to swallow in a tight economy.

As the appellate judges retreat to consider the NPSC’s arguments, the fate of 10,000 young men and women hangs in the balance. They are caught between two elephants fighting, and as the Swahili saying goes, it is the grass that suffers.