No police recruitment; court orders
The Employment and Labour Relations Court has put a stop to the upcoming police recruitment, stating that the National Police Service Commission (NPSC) doesn’t have the legal power to oversee the recruitment process.
In a decision made on Thursday, October 30, Justice Hellen Wasilwa emphasized that the responsibility for recruiting, training, and assigning duties to police officers lies solely with the National Police Service (NPS).
The court pointed out that the Commission wasn’t in charge of the country’s internal security according to the Constitution, which meant it had no authority over the hiring of police constables.
In its decision to dismiss the recently announced nationwide police recruitment as invalid, the court accused the NPSC of violating Article 232 of the Constitution.
“A declaration is hereby issued that the recruitment by the national security organs under Article 232 of the Constitution can only be done by the national security organ itself and not by any other entity outside it,” the judge ruled.
“A permanent injunction is hereby issued restraining the Commission from proceeding with the recruitment or any related activities, including the advertisement published in the Daily Nation,” Justice Wasilwa added.
Justice Wasilwa made it clear that the responsibility for recruiting and dismissing police officers lies solely with the Inspector General of Police, who leads the National Police Service (NPS). She emphasized that any attempts to overstep this authority would undermine the IG’s independence.
She pointed out that the Commission’s duties are strictly related to oversight and administrative tasks, and that they do not extend to operational roles, which are not part of the NPSC’s Constitutional responsibilities.
The nationwide police recruitment was set to kick off on October 3, following an advertisement that the NPSC published on September 19.
However, just a day before the recruitment was supposed to start, the High Court put a temporary stop to the process on October 2, in response to a petition filed by John Harun Mwau against Police IG Douglas Kanja and the NPSC.
Justice Wasilwa has put a hold on the recruitment process until the case is fully heard and resolved. In her ruling, she instructed the respondents to submit their replies within a week.
Mwau, in his petition, pointed out that the recruitment should not proceed while the National Police Service (NPS) and the National Police Service Commission (NPSC) are in conflict over payroll matters.
No police recruitment; court orders
