The Law Society of Kenya (LSK) has moved to challenge a Court of Appeal judgment affirming the Inspector General of Police’s authority to recruit uniformed police officers.
Through lawyer Duncan Okatch, the society has filed a notice of appeal signalling its intention to contest the entire judgment before the Supreme Court.
In the notice filed in Civil Appeal No. E957 of 2025, LSK expressed dissatisfaction with the decision delivered by the Court of Appeal in Nairobi on October 16, 2026.
“The Law Society of Kenya, being dissatisfied with the judgment of the Honourable Justice Patrick Omwenga Kiage, the Honourable Lady Justice Jamila Mohamed and the Honourable Lady Justice Jessie Lesiit delivered at the Court of Appeal in Nairobi on the 16th day of October, 2026, intends to appeal to the Supreme Court against the whole of the said judgment,” the notice states.
The appellate court upheld a High Court ruling that placed the mandate to recruit uniformed police officers in the hands of the Inspector General of Police, rather than the National Police Service Commission (NPSC).
In its determination, the court held that Article 246(3) of the Constitution empowers the commission to recruit civilian staff serving within the National Police Service but does not extend that authority to uniformed police officers.
The judges distinguished between uniformed officers and civilian personnel, whose responsibilities include administrative, technical, medical, accounting, information and communication technology, and legal functions.
The court further observed that the Inspector General’s independent command over the National Police Service is protected under Article 245(4) of the Constitution, which limits external directions on specified operational and personnel matters.
The ruling therefore affirmed the distinction between the commission’s mandate over civilian recruitment and the Inspector General’s authority concerning uniformed police officers.
LSK’s move now sets the stage for a further legal battle at the Supreme Court, where the society intends to challenge the entirety of the appellate court’s decision.
