Blow to IG Kanja as court suspends ruling that granted him police recruitment powers
A Nairobi Court of Appeal has stayed orders issued by the Employment and Labour Relations Court (ELRC) that declared the National Police Service Commission (NPSC) has no powers to conduct police recruitment.
Lady Justice Hellen Wasilwa had, on October 30, 2025, ruled that the NPSC is not a national security organ under Article 239(1) of the Constitution and has no powers to conduct the recruitment as advertised.
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Further, Judge Wasilwa noted that the NPSC has no powers to assign, promote, suspend, or even dismiss members of the Police Service.
Judge Wasilwa’s orders gave a green light to the Inspector General of Police (IG) Douglas Kanja to proceed with the recruitment of 10,000 police officers.
However, the Law Society of Kenya (LSK) filed a notice of motion at the CoA on October 31, 2025, seeking an order staying the execution of Justice Wasilwa’s judgement pending hearing and determination of the intended appeal against the said judgement.
LSK contests the decision
LSK argued that the decision directly affects the mandate, authority, and functioning of NPSC and, by extension, the entire framework of human resource management within the National Police Service (NPS).
“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 in their motion.
The CoA judges, led by President of COA Justice Daniel Kiio Musinga, Mumbi Ngugi, and George Odunga, have on Friday, February 27, 2026, halted the orders.
Delineation of roles
In their judgement, the judges stated that even though it would appear that there are serious constitutional overlaps in the functions of the two entities (NPSC and NPS), it requires careful consideration and delineation when the appeal comes up for hearing.
“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 judges noted that their ruling does not mean they are reverting those powers to the National Police Service Commission (NPSC), but the exercise of those powers shall await determination of the appeal.
