AG, IG Kanja Back Petition Against NPSC’s Role in Police Recruitment, Court Battle Intensifies

AG, IG Kanja Back Petition Against NPSC’s Role in Police Recruitment, Court Battle Intensifies

A fierce legal battle is unfolding over who holds the power to recruit police officers in Kenya. On Wednesday, October 22, Inspector General Douglas Kanja and Attorney General Dorcas Oduor shocked many by supporting a petition challenging the National Police Service Commission’s (NPSC) role in hiring 10,000 new officers.

“Recruitment Is the IG’s Mandate, Not the Commission’s”

Former MP Harun Mwau filed the petition, arguing that the Constitution gives recruitment powers solely to the Inspector General.

“The power to recruit police constables lies within the command-and-control structure of the IG,” Mwau stated.

Both the AG and IG agreed, warning that NPSC’s involvement threatens the unity of command vital for national security.

“The Commission’s attempt to manage recruitment interferes with internal operations of a security organ,” the AG emphasized.

“New Regulations Are Unconstitutional”

Mwau cited the 2025 Recruitment and Appointment Regulations, calling them unconstitutional and a violation of Article 2(4).

“Any law inconsistent with the Constitution is invalid. These regulations unlawfully expand the Commission’s powers,” he argued.

The AG urged the court to interpret Articles 238 to 246 in a way that protects police independence and discipline.

“IG Has Power to Hire, Fire, and Promote”

IG Kanja reinforced the distinction between his role and that of the Commission.

“The Constitution allows the IG to employ, promote, suspend, and dismiss service members. The Commission handles civilian staff,” he explained.

This stance has intensified the debate, drawing attention from legal experts and civil society.

“This Court Has No Jurisdiction”

In response, NPSC challenged the petition’s venue. They argued that the Employment and Labour Relations Court (ELRC) lacks jurisdiction.

“This court only handles employment disputes. Police recruitment is a matter of national security and constitutional interpretation,” NPSC stated.

They insisted the High Court under Article 165 should hear the case, not ELRC.

“Recruitment Halted Until Further Notice”

Earlier, on October 2, Lady Justice Hellen Wasilwa issued a temporary order halting the recruitment. It was scheduled to begin on October 3.

“The process remains suspended pending full hearing and determination,” the court ruled.

As the legal showdown continues, Kenyans await clarity on who truly controls police recruitment—and what this means for future reforms.

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AG, IG Kanja Back Petition Against NPSC’s Role in Police Recruitment, Court Battle Intensifies