The Court of Appeal has upheld a High Court ruling that the power to recruit uniformed police officers rests with the Inspector General of Police (IG), rather than the National Police Service Commission (NPSC).

In a judgment delivered on Friday, the court dismissed appeals challenging the commission’s recruitment mandate, finding that Article 246(3) of the Constitution empowers the NPSC to recruit civilian staff serving within the National Police Service but does not extend that authority to uniformed officers.

The judges observed that uniformed police officers fall under the independent command of the Inspector General, whose authority is protected from external directions on matters relating to the employment, assignment, promotion, suspension and dismissal of officers.

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The court cited Article 245(4)(c) of the Constitution in explaining the protections surrounding the Inspector General’s command over the service.

The judges said the constitutional framework distinguishes between uniformed police officers and civilian employees working within the National Police Service.

“It seems obvious that in the constitutional scheme, members of the service fall under the command of the Inspector General who is independent and not open to direction save as provided for in Article 245(4) by the Cabinet Secretary responsible for police services, and then only in the matter of policy for the Service,” the court observed.

The ruling emphasised that the Inspector General’s operational independence is constitutionally protected.

According to the court, the NPSC’s recruitment mandate covers civilian personnel performing administrative, technical, medical, accounting, information and communication technology (ICT) and legal functions within the service.

By dismissing the appeals, the Court of Appeal affirmed the High Court’s position on the constitutional limits of the commission’s recruitment powers.

The decision places the recruitment of uniformed police officers under the Inspector General’s authority while maintaining the commission’s role in recruiting civilian employees.

The judgment highlights the distinction between the constitutional responsibilities of the NPSC and the independent command vested in the Inspector General.

The ruling reinforces the constitutional framework governing recruitment and command within Kenya’s National Police Service.