The National Police Service Commission (NPSC) has moved to the Supreme Court following a Court of Appeal decision that upheld a ruling on the respective roles of the commission and the Inspector-General of Police in managing the National Police Service.
In a press statement issued on Friday, October 30, 2026, the commission said it had filed a Notice of Appeal seeking clarification from the Supreme Court on the constitutional responsibilities of the two institutions.
The move follows a judgment delivered by the Court of Appeal on October 16, 2026, which dismissed consolidated appeals filed against an earlier decision by the Employment and Labour Relations Court.
The lower court had delivered its judgment on October 30, 2025, addressing the respective mandates of the National Police Service Commission and the Inspector-General, particularly regarding recruitment and other human resource management functions involving police officers.
The commission said the dispute raises important constitutional questions about the management of police officers and the separation of responsibilities between the two institutions.
Established under the 2010 Constitution, the National Police Service Commission is an independent constitutional body mandated to oversee human resource management within the police service. Its responsibilities include recruitment, appointments, promotions, transfers, disciplinary control and the removal of police officers.
The commission explained that the constitutional framework was designed to separate human resource management from operational command in a bid to strengthen professionalism, accountability, transparency and efficiency within the police service.
Under Article 245 of the Constitution, the Inspector-General is protected from external interference in the independent command of the National Police Service. Article 246, on the other hand, establishes the commission and outlines its human resource management responsibilities.
The commission further pointed to Article 246(2), which provides for the Inspector-General and the two Deputy Inspectors-General to be members of the commission.
It argued that Articles 245, 246 and 249 must be interpreted together to preserve the independence of constitutional institutions while ensuring proper checks and balances in the management of the police service.
According to the commission, the Court of Appeal judgment raises significant questions about fairness, meritocracy, accountability and the future of police reforms in Kenya.
It maintained that seeking the Supreme Court’s intervention was not an attempt to challenge the Inspector-General’s independent command or engage in an institutional contest, but rather to obtain clarity on the constitutional responsibilities of the two offices.
The commission reaffirmed its commitment to working with stakeholders to promote a professional, impartial and accountable police service that respects the rule of law and serves Kenyans.
