The Nairobi Employment and Labour Relations Court has declared the advertised police recruitment exercise of 10,000 officers by the National Police Service Commission (NPSC) unconstitutional.

Lady Justice Hellen Wasilwa on Thursday, 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.

Further, she noted that the NPSC has no powers to assign, promote, suspend, or even dismiss members of the Police Service.

In addition, she stressed that such mandates can only be exercised by a national security organ as per the Constitution.

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

“Article 245(1)(2)(b) and (4)(c): the National Police Service Commission has no power in relation to employment, assignment, promotion, suspension, or dismissal of the members of service,” Lady Justice Wasilwa added.

In her detailed judgment, Justice Wasilwa stated that the advertised recruitment process by the NPSC is unconstitutional, thus declaring it null and void.

“A declaration is hereby issued declaring Legal Notice No. 159 of September 19, 2025, unconstitutional for violating Articles 24, 238(2)(d), 239(1)(c), 243, and 245(4)(c) of the Constitution,” Justice Wasilwa ruled.

Notably, the court has blocked the NPSC from conducting any recruitment exercise or promoting, suspending, or dismissing any member of the police service.

“A permanent injunction order is hereby issued directed at the National Police Service Commission barring or restraining it from recruitment, training, employment, assigning, promotion, suspension, or dismissal of members of the service, including a permanent stay of the advertisement dated September 19, 2025, and Legal Notice No. 159 of September 19, 2025,” Lady Justice Wasilwa ruled.

The judgment follows a petition filed by former Transport Minister and Kilome Member of Parliament John Harun Mwau, who argued that the NPSC had purported to usurp the powers of the Inspector General (IG) and the National Police Service (NPS) in respect of the recruitment of members of the NPS.

Mwau argued that the NPSC is not a national security organ under Article 239(1) of the Constitution, and it cannot purport to recruit for a national security organ since Article 238(2)(d) declares that the recruitment is by the national security organ and not any other entity.

“The third respondent (NPSC) is a commission established under Article 246(1) of the Constitution and is sued in this petition for purporting to contravene the Constitution by usurping the constitutional powers of the first and second respondents by purporting to exercise powers under Articles 238(2)(c), 239, 244(a) and (c), 245(1) and (4), and 247 of the Constitution,” part of the application read.