The National Police Service Commission (NPSC) lodged a notice of appeal with the Supreme Court on October 16, 2026, seeking to reverse a Court of Appeal decision that upheld restrictions on its recruitment powers for police constables.

The appellate judgment had affirmed an October 30, 2025 ruling by the Employment and Labour Relations Court, which distinguished the commission’s constitutional mandate from the operational authority of the Inspector General of Police.

The dispute originated when the commission advertised a police constable recruitment drive on September 19, 2025, and issued gazetted recruitment and appointment regulations.

Former legislator John Harun Mwau challenged the commission’s role, arguing that the Constitution does not empower the NPSC to recruit constables and that the National Police Service should manage the process.

Both the NPSC and the Law Society of Kenya appealed the lower court’s decision, but the Court of Appeal dismissed their arguments, stating that the Constitution clearly delineates the responsibilities of the commission and the Inspector General.

Judges Patrick Kiage, Jamila Mohammed and Jessie Lesiit emphasized that the constitutional text left no ambiguity on the matter and rejected claims that limiting the commission would erode police accountability.

The bench also dismissed reliance on a 2023 Nigerian Supreme Court decision, noting substantive differences between Kenyan and Nigerian constitutional provisions on policing.

The Court of Appeal ordered each party to bear its own costs after dismissing both appeals in full.

In its latest filing, the NPSC notified the Supreme Court of its intention to challenge the entire appellate judgment, though the notice under Rule 36 of the Supreme Court Rules, 2020, does not detail the specific grounds or relief sought.