Fate of 10,000 Police Recruits Takes New Twist as AG and IG Join Legal Battle
The recruitment of 10,000 new police officers has taken an unexpected turn after Inspector General of Police Douglas Kanja and Attorney General Dorcas Oduor joined a petition challenging the entire process.
The two senior officials backed a petition filed by former Member of Parliament Harun Mwau, who questioned the legality of the National Police Service Commission’s (NPSC) role in the recruitment exercise.
According to Mwau, the power to hire police officers lies strictly with the Inspector General (IG) and not with the Commission.
Mwau argued that the Inspector General, under Article 245 of the Constitution, has full authority over the recruitment, command, and management of police officers.
He claimed that the NPSC’s attempt to oversee or control recruitment directly interferes with the internal operations of the police force, undermining its unity of command and discipline — both of which are vital to national security.
In his petition, Mwau specifically targeted the National Police Service Commission (Recruitment and Appointment) Regulations, 2025, calling them unconstitutional.
He maintained that these new regulations illegally expanded the powers of the NPSC, thereby violating Article 2(4) of the Constitution, which states that any law inconsistent with the Constitution is invalid.
Supporting Mwau’s argument, Attorney General Dorcas Oduor urged the court to interpret key constitutional articles — including Articles 238, 239, 244, 245, and 246 — in a way that upholds the independence of the police service while maintaining strict discipline within the force.
Inspector General Kanja also emphasized that the Constitution clearly distinguishes between the powers of his office and those of the Commission.
He argued that the IG is constitutionally empowered to hire, promote, suspend, and dismiss members of the police service, whereas the NPSC should focus on managing civilian staff and administrative functions.
However, the National Police Service Commission defended its position by questioning the jurisdiction of the court where the case was filed.
The Commission claimed that the Employment and Labour Relations Court (ELRC), which is currently handling the matter, lacks the authority to preside over it.
According to the NPSC, Section 12(1) of the Employment and Labour Relations Court Act and Article 162(2) of the Constitution limit the ELRC’s powers to issues directly related to employment and labour disputes.
The Commission insisted that the current case concerns matters of national security, governance, and constitutional interpretation — not employment conflicts.
They argued that issues such as police recruitment, promotion, discipline, payroll, and human resource management are all part of the broader constitutional framework that governs national security institutions.
Therefore, the Commission maintained that the petition should be heard by the High Court under Article 165 of the Constitution, which handles constitutional interpretation and oversight.
Earlier this month, on October 2, 2025, Lady Justice Hellen Wasilwa of the ELRC in Nairobi issued a temporary order halting the planned recruitment exercise. The exercise had been set to begin the following day, October 3, 2025.
The temporary suspension will remain in effect until the court holds a full hearing and makes a final ruling on the matter. The decision now leaves thousands of hopeful recruits waiting anxiously as the legal dispute unfolds, with the future of the recruitment drive hanging in the balance.
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