Between October and November 2025, a major legal decision temporarily disrupted the National Police Service Commission’s (NPSC) plan to recruit 10,000 police officers. The Employment and Labour Relations Court had initially ruled that the recruitment exercise was unconstitutional, declaring it null and void and issuing a permanent injunction.
However, a recent update changed the situation: on November 14, 2025, the High Court lifted the conservatory order that had halted the process, allowing recruitment to proceed under the National Police Service (NPS) starting November 17, 2025.
Here’s a breakdown of why the recruitment was halted, what the legal arguments were, and what this court update means for aspirants.
Why the Court Initially Halted Recruitment
- NPSC Isn’t a National Security Organ
- The court held that under the Constitution (Article 239(1)), the NPSC does not qualify as a national security organ.
- Because of this, the NPSC “lacks the constitutional authority” to recruit, train, or deploy sworn officers of the NPS.
- Recruitment Powers Belong to the Inspector General (IG)
- The court ruled that the power to recruit, assign, promote, suspend, or dismiss members of the NPS rests solely with the IG, under Article 245.
- Allowing NPSC to recruit would amount to “usurping” the IG’s operational authority.
- Legal Notice Declared Unconstitutional
- Legal Notice No. 159 of September 19, 2025, which advertised the recruitment, was struck down as unconstitutional.
- Without this legal basis, the recruitment exercise could not proceed lawfully.
- Separation of Powers & Institutional Clarity
- The judgment emphasized a clear distinction between the NPSC’s oversight role and the IG’s operational command.
- The court suggested that Parliament review the National Police Service Act and NPSC Act to align them with constitutional provisions.
Responsibilities of NPSC and NPS
What Changed: High Court Lifts the Halt
While the initial rulings halted the recruitment process, the High Court lifted the conservatory order on November 14, 2025. This means:
- Recruitment is now allowed to proceed under the National Police Service, not the NPSC.
- The exercise officially resumed on November 17, 2025, under the IG’s authority.
- Aspirants who were previously frozen out by the injunction can now continue with the application and selection process.
This development clarified the operational authority: recruitment must be conducted through the IG’s office, preserving the constitutional command structure.
Implications of the Court Decisions
- Guarding Constitutional Roles: The rulings reaffirm the separation of operational and oversight functions within Kenya’s police governance.
- Impact on Aspirants: Recruitment is back on track, but it is now under a legally sound framework.
- Potential Legal Reform: Parliament may still review and amend laws governing the NPSC and NPS to prevent future confusion.
- Precedent for Other Security Agencies: The case highlights the importance of clear roles for commissions and national security organs in Kenya.
Conclusion
The legal saga around the 2025 police recruitment underscores the delicate balance between constitutional oversight and operational command. While the NPSC initially overstepped its mandate, the High Court’s November 14 ruling restored a path forward—allowing recruitment to proceed legally under the National Police Service from November 17. For aspirants, the opportunity is now back, but firmly under the IG’s authority, reflecting Kenya’s constitutional design for national security institutions.
More stories https://www.whispers.co.ke/
NPS https://www.nationalpolice.go.ke/
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