Court to deliver judgment on Mwau’s Case challenging police recruitment mandate

The case was filed by John Harun Mwau, who wants the court to declare that the Inspector General (IG) and not the commission should be responsible for recruiting police constables as part of national security operations.

In response, the National Police Service Commission, through litigation counsel Chebet Koech, defended its authority, insisting that the constitution grants it exclusive powers over recruitment, promotions, and disciplinary control within the National Police Service.

The commission cited Article 246 of the constitution, which it said clearly mandates it to manage all human resource functions, including for uniformed officers.

It argued that the 2010 constitution deliberately separated operational command from personnel management to promote professionalism and accountability in the police service.

“The constitution does not envisage a dual employment structure within the National Police Service,” the commission submitted. “The Inspector General’s powers do not extend to recruitment or promotion.”

Tracing its roots to post-election violence reforms, the NPSC said it was created following recommendations of the Waki and Ransley reports, which exposed how political interference and irregular recruitment had undermined the integrity of the police. The commission told the court that its independence is vital to prevent such abuses.

It also cited several judicial precedents — including International Centre for Policy and Conflict v Attorney General, Muthuuri v Attorney General, and Republic v Deputy Inspector General ex parte Morris Sagala — all of which affirmed its exclusive mandate over police human resource management.

Additionally, the NPSC challenged the court’s jurisdiction, arguing that the matter raises constitutional issues touching on national security and institutional powers that should be handled by the High Court, not the Employment and Labour Relations Court.

Defending the 2025 recruitment regulations published under Legal Notice No. 159, the commission said the rules were lawfully enacted under Section 28 of the NPSC Act after public participation and parliamentary scrutiny as required by the Statutory Instruments Act.

“The regulations were properly enacted to guide transparent, merit-based recruitment,” the commission stated, urging the court to dismiss Mwau’s petition for lack of merit and jurisdiction.