The Employment and Labour Relations court has declared the planned police recruitment exercise null and void, further asserting that the National Police Service Commission (NPSC) lacks constitutional authority to recruit officers.

In a ruling made on Thursday October 30, 2025, Justice Hellen Wasilwa stated that recruitment can only be done by the Inspector General of police as per Article 232 of the Constitution.

Justice Wasilwa further dismissed NPSC’s recently advertised nationwide police recruitment, insisting that the country’s internal security lies with the National Police Service (NPS).

“A declaration is hereby issued that the recruitment by the national security organs under Article 232 of the Constitution can only be done by the national security organ itself and not by any other entity outside it,” the judge ruled.

“A permanent injunction is hereby issued restraining the Commission from proceeding with the recruitment or any related activities, including the advertisement published in the Daily Nation,” Justice Wasilwa added.

In defining NPSC’s role, Justice Wasilwa ruled that its mandate is to provide oversight and perform administrative functions.

“The Commission is not a national security organ under Article 239(1) of the Constitution. Its role is limited to policy, oversight, and disciplinary control — not recruitment or deployment,” Justice Wasilwa said.

According to an advertisement published on September 19, the nationwide police recruitment was set to commence on October 3.

However, the High Court temporarily halted the exercise following a petition filed by John Harun Mwau against NPS and NPSC.

Mr. Mwau argued that the process could not proceed while the NPS and NPSC remained at odds over the control of police payroll.