The National Police Service Commission has initiated steps to challenge a Court of Appeal ruling that restricts its human resource oversight regarding police officers, turning to the Supreme Court to define its constitutional authority.
In an announcement issued on Friday, October 30, the commission confirmed the filing of a Notice of Appeal against the October 16, 2026 decision, asserting that the conflict involves core constitutional principles demanding definitive resolution from the nation’s highest judicial body.
The appellate court had previously rejected joint appeals regarding a ruling made by the Employment and Labour Relations Court on October 30, 2025, which addressed the division of duties between the commission and the Inspector-General concerning National Police Service personnel.
The commission stated that the legal challenge aims to define the constitutional duties of both bodies and protect progress achieved through previous police restructuring.
Such matters reach beyond mere personnel duties, the commission noted, emphasizing that their importance to constitutional governance and police modernization warrants a conclusive ruling by the Supreme Court.
Chairperson Yuda Komora clarified that the decision to seek further judicial review was not an attempt to diminish the Inspector-General’s powers or provoke institutional rivalry.
Emphasizing respect for judicial rulings, Komora reaffirmed adherence to the Constitution and statutory law.
The appeal is neither a power struggle nor an interference with the independent command of the Inspector-General, but rather an effort to establish clear constitutional boundaries and maintain the system of checks and balances set forth by the Constitution.
The disagreement focuses on Articles 245 and 246 of the Constitution, which govern the Inspector-General’s operational command over the police alongside the commission’s administrative duties, including personnel oversight.
Formed under the 2010 Constitution, the commission handles hiring, promotions, transfers, disciplinary measures, and dismissals within the service.
According to the commission, police modernization efforts drew from various investigative findings, such as the Ransley, Waki, Akiwumi, and Alston task force reports, which advocated for dividing personnel administration from operational leadership.
These policy changes aimed to foster merit-based advancement, rebuild public trust in law enforcement, and enhance accountability within the security apparatus.
The commission maintains that Articles 245 and 246 must be read in conjunction with Article 249, which mandates that constitutional bodies safeguard public sovereignty, uphold democratic principles, and advance constitutionalism.
Furthermore, Article 246 defines the leadership structure of the commission, incorporating the Inspector-General and the two Deputy Inspectors-General, which the commission views as a deliberate balance between external oversight and operational direction.
The commission reiterated its dedication to collaborating with other agencies and partners to ensure efficient law enforcement and preserve the achievements of past reforms.
Reaffirming its dedication to protecting institutional advancements, Komora stressed the goal of fostering a professional, impartial, and responsible National Police Service that respects the rule of law, earns public trust, and serves the public interest in Kenya.