Law Society of Kenya Appeals Court of Appeal Ruling on Inspector General’s Recruitment Powers

The Law Society of Kenya has filed an appeal to the Supreme Court challenging a Court of Appeal decision that confirmed the Inspector General of Police’s authority to recruit uniformed officers.

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The Law Society of Kenya (LSK) lodged a notice of appeal in Civil Appeal No. E957 of 2025, seeking to overturn a Court of Appeal judgment that affirmed the Inspector General of Police’s power to recruit uniformed officers.

The appeal follows the Court of Appeal’s decision delivered on 16 October 2026, which upheld a High Court ruling that the recruitment of uniformed police officers rests with the Inspector General, not the National Police Service Commission (NPSC).

The appellate judges interpreted Article 246(3) of the Constitution as granting the NPSC authority only over civilian staff within the police service, excluding uniformed personnel.

They also cited Article 245(4), which protects the Inspector General’s independent command over operational and personnel matters from external direction.

The court distinguished between uniformed officers and civilian roles such as administrative, technical, medical, accounting, ICT and legal functions, limiting the NPSC’s recruitment remit to the latter.

Through its notice of appeal, LSK expressed dissatisfaction with the judgment of Justices Patrick Omwenga Kiage, Jamila Mohamed and Jessie Lesiit and intends to contest the entire decision before the Supreme Court.