The Court of Appeal upheld a High Court ruling that gave the Inspector General authority to recruit uniformed police officers, dismissing the National Police Service Commission's appeal over recruitment powers within the police service.
In a judgment delivered on Friday, October 16, 2026, the appellate court ruled that the commission’s recruitment mandate covers civilian staff rather than uniformed officers, affirming the distinction between the two institutions’ constitutional responsibilities.
The judges held that the National Police Service Commission recruits civilian personnel working within the police service, including administrative, technical, medical, accounting, information and communication technology (ICT), and legal staff.
However, the court found that the Inspector General's independent command covers the recruitment of uniformed officers, as provided for under Article 245 of the Constitution.
The decision distinguishes between the commission’s powers under Article 246(3) and the Inspector General’s command authority, clarifying the scope of each institution’s mandate in managing police personnel.
The judges noted that the Constitution protects the Inspector General’s independence in exercising command over the National Police Service, including decisions concerning officers’ employment, deployment, promotion, suspension and dismissal.
They said other authorities cannot interfere with these functions, reinforcing the constitutional framework governing the management of uniformed police officers.
"It is inconceivable that a civilian body such as the Commission would have the capacity to train persons in the Service and convert them from being civilian "Nongwes" (novices) into well-oiled security machines, highly professional and competent capable of direct compliance with orders which could place them in harm's way as they deal with criminals who may be armed, and ready to lay down their lives for the protection of the nation and the population against internal and external threats to Kenya's territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity and other national interests as stated in Article 238(1) of the Constitution," read the ruling.
The court also observed that the Cabinet Secretary responsible for police services may issue policy directions to the Inspector General, provided such directions remain within the limits established by the Constitution.
By dismissing the appeals, the Court of Appeal affirmed the High Court’s interpretation that the commission’s recruitment authority does not extend to uniformed police officers.
The ruling settles the dispute in favour of the Inspector General, confirming his authority over the recruitment of uniformed personnel while preserving the commission’s role in hiring civilian staff.
The decision clarifies the division of responsibilities between the two institutions, which have been at odds over the constitutional mandate to recruit police officers.