The Court of Appeal has upheld a High Court ruling giving the Inspector General of Police authority to recruit uniformed police officers, dismissing a challenge by the National Police Service Commission (NPSC).
In a judgment delivered on Thursday, the court ruled that the Constitution places the recruitment of uniformed officers under the Inspector General’s command, while the commission’s recruitment mandate covers civilian employees serving within the National Police Service.
The judges said Article 246(3) of the Constitution empowers the NPSC to recruit civilian staff but does not give it authority to recruit uniformed police officers.
The decision reinforces the Inspector General’s independent command of the National Police Service under Article 245 of the Constitution.
The provision protects the office from external directions on certain personnel matters, including the employment, assignment, promotion, suspension and dismissal of police officers.
The court noted that the Inspector General’s independence is constitutionally protected, although the Cabinet Secretary responsible for police services may issue directions on policy matters as allowed by the Constitution.
The judges explained that uniformed officers fall under the Inspector General’s command, separating their recruitment and management from the hiring of civilian staff who provide support services to the police.
The commission’s mandate covers civilian employees working in administrative, technical, medical, accounting, information and communication technology, and legal departments within the National Police Service.
The ruling therefore draws a distinction between the two institutions’ responsibilities, with the Inspector General overseeing uniformed officers and the commission handling recruitment for civilian positions.
The case arose from a dispute over the interpretation of the constitutional provisions governing police recruitment and the respective powers of the Inspector General and the NPSC.
By dismissing the appeals, the Court of Appeal upheld the High Court’s interpretation and maintained that the commission’s powers do not extend to the recruitment of uniformed police officers.
The decision provides further legal guidance on the division of responsibilities between the two institutions and how recruitment within the National Police Service should be handled.
