The Employment and Labour Relations Court has declared that the National Police Service Commission (NPSC) has no legal authority to recruit police officers.
In a detailed judgment delivered by Justice Hellen Wasilwa, the court found that the recruitment exercise recently advertised by the commission was unconstitutional, effectively halting the process.
Justice Wasilwa ruled that only the National Police Service (NPS) — not the NPSC — has the constitutional mandate to recruit, train, assign, suspend, and dismiss police officers.
“The recruitment by national security organs under Article 232(d) of the Constitution can only be done by the national security organ itself, and not by any other entity outside it,” she declared.
The judge explained that under Article 239(1) of the Constitution, the NPSC is not recognized as a national security organ.
Instead, Article 243 establishes the National Police Service, comprising the Kenya Police Service and the Administration Police Service — both of which are responsible for managing their own personnel.
Justice Wasilwa also cited Article 244(a) and (d), emphasizing that the NPS is constitutionally required to maintain high standards of professionalism and discipline, functions that fall strictly within its internal mandate.
Recruitment Declared Null and Void
Following the ruling, any recruitment exercise initiated by NPSC Chairperson Peter Lelei was declared null and void.
The court also nullified Legal Notice No. 159 of September 19, 2025, which had authorized the recruitment, declaring it unconstitutional.
“A permanent order is hereby issued restraining the commission from proceeding with the recruitment or any related activities, including the advertisement published in the Daily Nation and the legal notice,” Justice Wasilwa ruled.
The judgment not only invalidates the scheduled police recruitment drive but also reinforces the operational independence of the NPS in handling its human resource functions.
The NPSC had planned to recruit 10,000 new police officers between October 3 and October 9, 2025. However, on October 2, the court issued a temporary order suspending the exercise pending the final ruling — now confirmed in this latest decision.
The ruling is seen as a significant victory for constitutional oversight within Kenya’s security sector, reaffirming that recruitment powers lie solely within the NPS.
Persistent Corruption in Police Hiring
The decision comes amid long-standing concerns over corruption, favoritism, and irregularities in police recruitment.
The process has frequently been marred by allegations of bribery, nepotism, and fraud, leading to multiple court challenges and public outcry.
Bribery remains a widespread problem, with desperate applicants allegedly paying hundreds of thousands of shillings to secure a slot.
The Ethics and Anti-Corruption Commission (EACC) has investigated several “cash-for-job” scandals in past recruitments.
Political interference and regional bias have also plagued the process, with some qualified candidates reportedly replaced by politically connected individuals. In certain years, entire regions were accused of receiving disproportionate quotas of recruits.
The problem has been compounded by fraudsters impersonating senior officers or circulating fake recruitment advertisements to extort money from unsuspecting applicants. Some candidates have even been caught presenting forged academic certificates to meet eligibility criteria.
In February 2025, the EACC launched an audit into systemic corruption within the National Police Service, including the recruitment process, following a rise in reported bribery incidents.
