Attorney General, police IG support petition challenging NPSC role in recruitment exercise

A petition filed three weeks ago by former legislator John Harun Mwau has ignited a fresh power struggle within Kenya’s security sector.

The dispute, currently before the Employment and Labour Relations Court in Nairobi, centers on who, between the Inspector General or the National Police Service Commission, holds the authority to recruit members of the police service. 

In his petition, Mwau argues that the Commission’s involvement in police recruitment is unconstitutional and undermines the operational independence of the Inspector General. 

He insists that the power to recruit police constables lies solely within the command-and-control structure of the Inspector General, as provided under Article 245 of the Constitution.

The Attorney General and the Inspector General have supported Mwau’s position, saying recruitment is part of the Inspector General’s command responsibilities. They argue that the Commission’s attempt to manage recruitment interferes with the internal operations of a national security organ and threatens the unity of command essential for an effective police force.

At the heart of the case are the National Police Service Commission (Recruitment and Appointment) Regulations, 2025, which Mwau wants declared unconstitutional. 

He maintains that the new regulations unlawfully expand the powers of the Commission and violate Article 2(4) of the Constitution, which renders any law inconsistent with the Constitution invalid.

Mwau and the Attorney General insist that the recruitment of constables is an operational matter inseparable from the Inspector General’s constitutional mandate. 

They want the court to interpret Articles 238, 239, 244, 245, and 246 of the Constitution in a manner that preserves police independence and discipline within the service.

On their part, the Inspector General and the National Police Service (NPS) have defended their stance by distinguishing their role from that of the Commission. They argue that the Constitution grants the Inspector General the power to employ, promote, suspend and dismiss members of the service, while the Commission’s role is limited to civilian staff appointments.

They further contend that the National Police Service is a disciplined force governed by strict codes of conduct, and that certain rights, including labour relations, are limited under Article 24(5) to maintain discipline and operational efficiency.

Mwau has also questioned the legality of Kenya Gazette Supplement No. 159 of September 19, 2025, which published the recruitment regulations, describing it as unconstitutional and void.

The IG, Douglas Kanja, and the National Police Service (NPS) through lawyers Paul Nyamodi and Martin Gitonga alongside AG Dorcas Oduor and the National Security Council told court that National Police Service Commission (NPSC) has no mandate in the recruitment of police constables. They urged the court to allow the petition and stop recruitment by NPSC.