Who controls Kenya police? NPSC challenges IG Kanja’s powers

Jukwaa

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The National Police Service Commission (NPSC) has told the Court of Appeal that the Constitution gives it exclusive powers to recruit, appoint, promote and discipline police officers, challenging a ruling that handed those functions to the Inspector-General.

The commission argues that the Constitution deliberately separated operational command of the National Police Service (NPS) from human resource management to prevent the concentration of power that characterised the previous constitutional order.

The commission urged a three-judge bench to overturn an October 30, 2025 decision by the Employment and Labour Relations Court.

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The court had ruled that the commission lacked constitutional authority to recruit or manage police officers, finding that the functions fell under the independent command of the Inspector-General.

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In the appeal, the commission said Article 246(3) expressly assigns it responsibility for recruitment, appointments, promotions and disciplinary control, arguing that these powers were created as safeguards to promote professionalism, accountability and institutional independence.

“Any interpretation that draws these functions back into the command structure risks unsettling that careful design,” the commission submitted.

It said its creation was part of reforms undertaken after the 2007-08 post-election violence, following recommendations by the Commission of Inquiry into the Post-Election Violence and the National Task Force on Police Reforms chaired by retired Justice Philip Ransley.

The reforms merged the Kenya Police Force and Administration Police Force into the National Police Service under a unified command headed by the Inspector-General, while transferring human resource management functions from the Public Service Commission to the NPSC.

📰 Source: Nation Africa

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