Court Rules NPSC Can't Recruit Police Officers

 

A landmark ruling reverberated through Kenya's security apparatus this morning, Thursday, October 31, 2025, as the High Court declared that the National Police Service Commission (NPSC) lacks the authority to recruit police officers, nullifying a recent advertisement for 5,000 positions. The decision, delivered at 10:15 AM East Africa Time by Justice Aburili, stems from a petition challenging the commission's recruitment powers as unconstitutional. The court held that the Inspector General of Police (IG) possesses exclusive executive authority over recruitment, barring the NPSC from interfering. The judgment, affecting thousands of applicants, mandates the IG to place a fresh advertisement. "The Constitution vests recruitment in the IG; the NPSC's role is oversight, not execution," Justice Aburili stated in the 45-page ruling. The news has sparked a mix of validation and frustration across the nation.

The case, initiated by a coalition of petitioners including former police officers and civil rights advocates, argued that the NPSC's 2025 recruitment drive violated Article 245 of the Constitution, which grants the IG responsibility for the National Police Service's operations. The commission, established to promote professionalism, had advertised the positions in July, receiving over 100,000 applications, but the court found its actions encroached on executive functions. A petitioner, a retired officer, said outside the court, "This restores order; the IG should lead recruitment." The ruling comes amid a Sh10 trillion national debt and 5.5% inflation, highlighting governance priorities. 

Public response has been varied. In Kisumu, a teacher preparing lessons for her students heard the news on her radio and said, "This delay affects our safety; we need officers soon." The nullification means applicants must reapply, prolonging the process for a force facing a 30% vacancy rate. The court ordered the TSC to refund application fees and destroy records to protect privacy. A youth leader in Naivasha, organizing a forum, added, "This could be a chance for fairer hiring." The decision tests administrative reform. 

The morning’s ruling drew diverse reactions. In Thika, a mother preparing breakfast for her children said, "My son applied; now he waits longer." In Baringo, a herder tending cattle noted, "The IG should take charge; NPSC is for checks." The petition, filed in June, cited the NPSC's overreach, including past recruitment controversies. The IG, Douglas Kanja, welcomed the ruling, saying, "We will ensure a transparent process." A driver in Garissa, fueling his matatu, remarked, "This could lead to better-trained officers." The judgment clarifies roles. 

As the day unfolded, the story spread to remote areas. In Marsabit, a community elder listening to a radio update said, "Our police need numbers; let’s hope it’s fast." In Mombasa’s markets, a fisherman packing nets asked, "Will this affect security?" The court’s order for a fresh advert by the IG within 60 days ensures continuity, though delays could exacerbate shortages. The NPSC, chaired by Dr. Rose Masara, will focus on oversight, including training and discipline. A shopkeeper in Homa Bay, preparing for the Devolution Conference, noted, "This could improve policing if done right." The ruling addresses power balance. 

The afternoon brought a reflective mood to offices and homes. In Eldoret, a public servant preparing a report said, "This clarifies the law, but timing is critical." In Kisumu, a father checking on his family added, "My brother’s a cop; he knows the gaps." The TSC’s role in education contrasts with the NPSC’s oversight, though the judgment reinforces executive authority. The TSC plans a recruitment drive in January, with vetting by the NPSC. A community organizer in Turkana, planning a radio talk, remarked, "We need officers who serve us." The decision challenges security. 

Experts see a constitutional win. In Nairobi, a lawyer discussing over tea said, "This upholds the IG’s mandate." The ruling aligns with Article 245, limiting the NPSC to advisory functions. A vendor in Timau, closing his stall, said, "Let’s hope it brings better policing." The fresh advert will include streamlined applications, with the IG expected to prioritize merit. A father in Nyahururu, walking home with his family, added, "This could make our streets safer." The judgment marks a legal milestone. 

The day saw continued engagement. In Nakuru, a group at a market debated the news. "Will it slow recruitment?" one trader asked, sorting vegetables. In Nairobi’s cyber cafes, a student scrolling through updates noted, "Social media is relieved." The TSC will consult stakeholders, with a timeline for the new process. A youth leader in Kitale, organizing an event, reflected, "This could lead to fairer hiring." As the fresh advert awaits, the ruling shapes security.