By Andrew Kariuki
The Court of Appeal in Nairobi has suspended a decision by the Employment and Labour Relations Court (ELRC) that had removed key human resource functions from the National Police Service Commission (NPSC), pending the hearing and determination of an appeal.
In the earlier ruling delivered on October 30, 2025, Justice Hellen Wasilwa held that the NPSC does not qualify as a national security organ under Article 239(1) of the Constitution and therefore lacks the mandate to conduct recruitment within the police service.
The court further found that the Commission had no authority to assign, promote, suspend or dismiss police officers.
That decision effectively cleared the way for Inspector General of Police Douglas Kanja to oversee the recruitment of 10,000 police officers.
Following the ruling, the Law Society of Kenya (LSK) moved to the Court of Appeal seeking to halt its implementation, arguing that the judgment had far-reaching implications on the management of police personnel and the constitutional structure governing the National Police Service.
In its application, LSK warned that allowing the ruling to stand would disrupt the established legal framework governing recruitment, promotions and disciplinary processes within the police service.
“That unless the judgement of the Employment and Labour Relations Court is stayed, the processes of recruitment, appointment, promotion, removal, and dismissal within the National Police Service are likely to be undertaken by an organ that lacks constitutional authority to perform those functions,” LSK stated.
A three-judge bench of the Court of Appeal, comprising President of the Court Justice Daniel Kiio Musinga, Justice Mumbi Ngugi and Justice George Odunga, granted the stay orders on February 27, 2026.
In their ruling, the judges observed that the dispute raises complex constitutional questions regarding the respective roles of the National Police Service Commission and the National Police Service, which require detailed examination at the appeal stage.
“We hereby stay the judgement of the ELRC made on October 30, 2025, in ELRC Petition No. E196 of 2025, to the extent that it declared that the Constitution vests in the National Police Service and the Inspector General the exclusive and independent command concerning promotion and dismissal of the members of the service,” the judges ruled.
However, the appellate court clarified that its decision does not automatically restore the contested powers to the NPSC. Instead, the exercise of those functions will remain in abeyance until the appeal is fully heard and determined.
The case is expected to play a significant role in clarifying the constitutional boundaries between the National Police Service Commission and the National Police Service, particularly in relation to recruitment, promotions and disciplinary control within the police service.
