The National Police Service Commission (NPSC) has moved to challenge a Court of Appeal decision upholding a ruling on its constitutional mandate, setting the stage for a possible Supreme Court determination on the management of police officers.
In a 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 respective constitutional responsibilities of the Commission and the Inspector-General of Police.
The move follows a Court of Appeal judgment delivered on October 16, 2026, which dismissed consolidated appeals filed by the Commission, thereby upholding a decision previously delivered by the Employment and Labour Relations Court on October 30, 2025.
The lower court’s decision concerned the respective mandates of the two institutions, including recruitment and other human resource management functions relating to members of the National Police Service.
The Commission said the issues raised by the judgment had significant implications for police reforms and constitutional governance, warranting an authoritative determination by the country’s highest court.
“The judgment raises weighty constitutional questions about the interpretation of Articles 245, 246 and 249, and the safeguards intended to promote fairness, meritocracy, accountability and professionalism in the Service,” the Commission stated.
It added that the questions extended beyond human resource management functions and had implications for the constitutional framework governing the police service.
The dispute centres on the division of responsibilities between the National Police Service Commission and the Inspector-General under the Constitution.
Article 245 safeguards the Inspector-General’s independent command of the National Police Service, while Article 246 establishes the Commission and outlines its human resource management responsibilities.
These include the recruitment, appointment, promotion, transfer, disciplinary control and removal of members of the Service.
The Commission maintained that the constitutional provisions must be interpreted together with Article 249, which requires constitutional commissions to protect the sovereignty of the people, uphold democratic values and principles, and promote constitutionalism.
Article 249 also guarantees the independence of constitutional commissions in carrying out their respective mandates.
The Commission, however, sought to clarify that its decision to pursue the matter before the Supreme Court should not be interpreted as an attempt to interfere with the Inspector-General’s operational independence.
“Its pursuit of appellate redress is neither an institutional contest nor an attempt to interfere with the Inspector-General’s independent command,” the statement read.
It added that the appeal was intended to secure clarity on the respective constitutional responsibilities of the two institutions and preserve the checks and balances established under the Constitution.
The Commission further traced its establishment to the far-reaching police reforms introduced under the Constitution of Kenya, 2010, which sought to promote professionalism, accountability and efficiency within the National Police Service.
It noted that recommendations from the Ransley, Waki, Akiwumi and Alston reports informed efforts to separate human resource management from operational command.
According to the Commission, the reforms were designed to strengthen meritocracy and transparency in police administration, restore public confidence in policing and promote good governance within the security sector.
“The Commission respects the decisions of the courts and remains committed to the Constitution and the rule of law,” it stated.
