Kenya’s Court of Appeal has temporarily suspended a portion of a judgment by the Employment and Labour Relations Court that granted the Inspector-General exclusive authority over the promotion and dismissal of police officers.
During today’s ruling, a three-judge bench consisting of President Daniel Musinga, Mumbi Ngugi, and George Odunga determined that these powers will remain suspended until the appeal filed before the court is heard and resolved.
The Law Society of Kenya (LSK) has filed an appeal contesting a decision made by the Employment and Labour Relations Court on October 30, 2025.
The earlier judgment determined that the National Police Service Commission (NPSC) lacks constitutional jurisdiction regarding recruitment, promotion, and dismissal of National Police Service members. The court ruled that these responsibilities belong under the independent authority of the Inspector-General and the National Police Service. Additionally, it prohibited the NPSC from conducting recruitment activities and invalidated recruitment regulations issued in September 2025.
Unsatisfied with this outcome, the Law Society of Kenya, represented by attorney Duncan Okatch, approached the Court of Appeal to request suspension of the judgment, asserting that it disrupted the constitutional equilibrium between the Inspector-General and the NPSC as outlined in Articles 245 and 246 of the Constitution.
The legal organization emphasized that the case involves significant constitutional matters necessitating thorough examination by the appellate court.
The Independent Policing Oversight Authority (IPOA) and the NPSC endorsed the application, informing the court that this dispute impacts police reforms and carries substantial public interest implications.
Conversely, the Inspector-General and the National Police Service resisted the application. They contended that the Constitution explicitly grants the Inspector-General independent authority over employment matters and that the recruitment of police constables had already taken place, with training in progress. They cautioned that interrupting this process would compromise public safety, particularly as the nation approaches the 2027 General Election.
In its determination, the Court of Appeal determined that the proposed appeal raises substantial and debatable constitutional questions, including the interpretation of Articles 245 and 246 and the appropriate distribution of human resource authority within the police service.
The judicial panel observed that recruitment had already been completed and training had begun, rendering it impractical to halt that specific process. Nevertheless, they stated that allowing promotions and dismissals to continue before the appeal is resolved could generate confusion and potentially irreversible outcomes.
Accordingly, the court suspended the exercise of powers concerning the promotion and dismissal of police officers until the appeal receives a final ruling. The judges clarified that they were not reinstating these powers with the NPSC, but merely pausing their implementation during this interim period.
The Court of Appeal instructed that the appeal be submitted and expedited within three months, citing the public significance of the case. No determination was made regarding legal expenses.
The appeal is anticipated to resolve a fundamental constitutional question: who possesses ultimate authority over managing police officer careersthe Inspector-General or the National Police Service Commission.