NPSC to challenge Court of Appeal ruling on police human resource mandate at Supreme Court

The National Police Service Commission (NPSC) has moved to challenge a Court of Appeal decision upholding a ruling on its constitutional mandate over the human resource management of police officers, saying the dispute raises fundamental questions about police reforms and the separation of powers within the National Police Service.

In a press statement dated October 30, 2026, Commission Chairperson Dr Yuda Komora said the commission had filed a Notice of Appeal to the Supreme Court seeking clarification on the respective constitutional responsibilities of the commission and the Inspector-General of Police.

The decision follows the Court of Appeal’s dismissal, on October 16, 2026, of consolidated appeals filed by the commission, effectively upholding an earlier judgment delivered by the Employment and Labour Relations Court on October 30, 2025.

The Commission was established under the Constitution of Kenya, 2010, as an independent constitutional body responsible for human resource management in the National Police Service. Its responsibilities include recruitment, appointments, promotions, transfers, disciplinary control and removal of police officers.

The dispute centres on the interpretation of Articles 245 and 246 of the Constitution, which establish separate but complementary roles for the Inspector-General and the commission.

Article 245 safeguards the Inspector-General’s independent command of the National Police Service, while Article 246 establishes the commission and outlines its human resource management responsibilities.

The commission noted that Article 246(2) provides for the membership of the Inspector-General and the two Deputy Inspectors-General in the commission, creating a framework intended to balance operational command with independent oversight.

It argued that these provisions must also be considered alongside Article 249, which requires constitutional commissions to protect the sovereignty of the people, promote constitutionalism and ensure observance of democratic values and principles.

Article 249(2), the commission said, further guarantees the independence of constitutional commissions in carrying out their mandates.

Komora said the Court of Appeal judgment raised significant constitutional questions extending beyond the day-to-day management of police officers, with implications for accountability, meritocracy and professionalism in the service.

“These questions extend beyond the human resource functions,” the commission said, adding that their significance to constitutional governance and the future of police reforms warranted an authoritative determination by the Supreme Court.

The commission maintained that its pursuit of an appeal should not be interpreted as an attempt to undermine the Inspector-General’s independent command or create an institutional contest.

“Its pursuit of appellate redress is neither an institutional contest nor an attempt to interfere with the Inspector-General’s independent command,” the statement said.

Instead, it said, the appeal seeks clarity on the respective constitutional responsibilities of the two institutions and the preservation of checks and balances established under the Constitution.

The commission said it respected court decisions and remained committed to the rule of law, while insisting that clarification from the Supreme Court was necessary in the public interest.

The dispute traces back to recommendations from police reform reports, including the Ransley, Waki, Akiwumi and Alston reports, which called for the separation of human resource management from operational command.

The reforms were intended to strengthen professionalism, accountability, transparency and meritocracy in police administration, restore public confidence in policing and improve governance in the security sector.

The commission reaffirmed its commitment to working with stakeholders to promote effective policing and safeguard the gains made through police reforms.

It said it remained committed to supporting a professional, impartial and accountable National Police Service that upholds the rule of law and serves the interests of Kenyans.