Inspector General of Police Douglas Kanja and the Attorney General, Dorcas Oduor, have signed a court petition to prevent the hiring of 10,000 new officers into the police force.
The two most senior officers agreed with former MP Harun Mwau, who filed the case alleging that the National Police Service Commission (NPSC) overstepped its mandate by hiring the officers.
According to Mwau, it is the Constitution that bestows absolute authority in the recruitment and management of police officers on the Inspector General (IG) not the Commission. He cited Article 245 of the Constitution, which gives the IG command and control authority over the National Police Service.
This argument was also advanced by the IG and the AG, who added that the interference of the Commission with the manner in which police service is carried out affects the management of the police service and may weaken the chain of command required for effective policing.
Mwau also challenged the National Police Service Commission (Recruitment and Appointment) Regulations, 2025, as unconstitutional. In his view, the regulations unfairly stretched the powers of the Commission contrary to the Constitution.
The Attorney General petitioned the court to interpret several articles of the constitution Articles 238, 239, 244, 245, and 246 in a way that maintains the independence and discipline of the police service.
IG Kanja further clarified that the mandate of the Inspector General’s office was to appoint, promote, suspend, and dismiss police officers, whereas the Commission’s mandate was supposed to involve only the civilian staff.
Contrary to this, NPSC argued that the Employment and Labour Relations Court (ELRC) where the case was filed has no jurisdiction over the case. The Commission indicated the petition deals with national security and interpretation of the constitution, not labour matters.
It explained that according to Section 12(1) of the Employment and Labour Relations Court Act and Article 162(2) of the Constitution, the ELRC is only required to handle disputes concerning employment not security or constitutional power disputes.
The NPSC continued and expressed that issues of recruitment, promotions, discipline, and payroll for the police service are within the jurisdiction of the High Court, according to Article 165 of the Constitution.
Earlier, on 2nd October 2025, Lady Justice Hellen Wasilwa of the ELRC issued an interim order suspending the recruitment that was set to start the following day pending hearing of the matter in its entirety.
The petition will proceed to hearing in full as the court determines who is rightfully entitled to recruit new policemen in Kenya either the Police Service Commission or the Inspector General.