On 16 October 2026, a three‑judge bench in Nairobi dismissed consolidated appeals filed by the National Police Service Commission (NPSC) and the Law Society of Kenya, upholding a prior Employment and Labour Relations Court judgment.

The Court ruled that the recruitment, training, assignment, promotion, suspension and dismissal of sworn, uniformed officers fall exclusively under the command of the Inspector General of the National Police Service, as mandated by Articles 238, 239, 244 and 245 of the Constitution.

Conversely, the commission retains authority over civilian support staff – accountants, clerks, medical, legal and ICT personnel – whose recruitment, appointment, confirmation and administrative oversight are governed by Article 246(3).

The judgment also declared unconstitutional Legal Notice No 159 of 19 September 2025, which had introduced the NPSC Recruitment and Appointment Regulations, 2025, and invalidated the commission’s advertisement for police constable recruitment.

The dispute originated in 2025 when petitioner John Harun Mwau challenged the NPSC’s recruitment notice, arguing that Article 239(1) designates the National Police Service as a national security organ beyond the commission’s civilian remit.

The Inspector General, Douglas Kanja Kirocho, and the National Police Service supported the petition, emphasizing that operational readiness requires a unified command over personnel selection and discipline.

The NPSC counter‑argued that Article 246(3) provides a constitutional safeguard, granting it broad human‑resource authority over all police staff to prevent political interference.

The Court also affirmed that the Employment and Labour Relations Court had proper jurisdiction to hear the case under Article 162(2)(a) of the Constitution and section 12 of the ELRC Act, given the employment‑related nature of the dispute.