The High Court has declared that the National Police Service Commission (NPSC) does not have the authority to manage the recruitment, training, employment, or disciplinary actions of members of the National Police Service (NPS).
According to the court, these responsibilities fall under the exclusive jurisdiction of the Inspector General (IG) as set out in Article 245 of the Constitution.
Justice Helen Wasilwa of the Environment and Land Court issued the ruling on Thursday, emphasizing that the NPSC’s role is limited to policy oversight and disciplinary functions, and cannot extend to the operational command of the police force.
The court further issued a permanent injunction barring the NPSC from proceeding with any recruitment or human resources activities, including the recruitment advertisement issued on September 19, 2025, through Legal Notice No. 159, which the court declared unconstitutional.
In her judgment, Justice Wasilwa explained that the Constitution clearly defines the separate roles of the NPSC and the Inspector General. She pointed out that while the NPSC has a mandate to oversee police affairs at a policy level, it cannot interfere with the IG’s independent control over the police force.
"The Commission is not a national security body as defined in Article 239(1) of the Constitution. Its scope is limited to administrative duties, including oversight and discipline, not recruitment or deployment," the judge stated.
The court also highlighted the importance of preserving the operational independence of the police force, which is safeguarded by the Constitution to ensure professionalism and accountability in policing.
Justice Wasilwa noted that allowing the NPSC to engage in recruitment or deployment processes would undermine this independence, potentially harming the integrity of the police service.
Furthermore, she directed that both the National Police Service Act and the National Police Service Commission Act be thoroughly reviewed to ensure they align with constitutional principles.
This move is aimed at preventing future conflicts between the NPSC and the IG, while clarifying the chain of command within the National Police Service.
