The National Police Service Commission has moved to challenge a Court of Appeal judgment limiting its human resource management powers over police officers, seeking clarification from the Supreme Court on its constitutional mandate.
In a statement on Friday, October 30, the commission said it had filed a Notice of Appeal challenging the October 16, 2026 judgment, arguing that the dispute raises fundamental constitutional questions that require authoritative determination by the country’s highest court.
The Court of Appeal had dismissed consolidated appeals against a judgment delivered by the Employment and Labour Relations Court on October 30, 2025, concerning the respective roles of the commission and the Inspector-General in managing members of the National Police Service.
The commission said the appeal seeks to clarify the constitutional responsibilities of the two institutions and safeguard gains made under police reforms.
“These questions extend beyond the human resource functions. Given their significance for constitutional governance and the future of police reforms, they merit authoritative and final determination by the Supreme Court,” the commission said.
Chairperson Yuda Komora said the decision to pursue further legal redress was not intended to undermine the Inspector-General’s authority or create an institutional contest.
“The Commission respects the decisions of the courts and remains committed to the Constitution and the rule of law,” Komora said.
“Its pursuit of appellate redress is neither an institutional contest nor an attempt to interfere with the Inspector-General’s independent command. It seeks clarity on the respective constitutional responsibilities of the institutions and the preservation of the checks and balances established under the Constitution.”
The dispute centres on Articles 245 and 246 of the Constitution, which address the Inspector-General’s independent command of the National Police Service and the commission’s mandate, including its role in human resource management.
Established under the 2010 Constitution, the commission is responsible for recruitment, appointments, promotions, transfers, disciplinary control and the removal of members of the service.
The commission said police reforms were informed by recommendations from several reports, including those by the Ransley, Waki, Akiwumi and Alston task forces, which called for a separation of human resource management from operational command.
The reforms sought to promote meritocracy, restore public confidence in policing and strengthen accountability within the security sector.
The commission argues that Articles 245 and 246 should be interpreted alongside Article 249, which requires constitutional commissions to protect the sovereignty of the people, uphold democratic values and promote constitutionalism.
Article 246 also outlines the commission’s composition, including the Inspector-General and the two Deputy Inspectors-General, a framework the commission says reflects the need to balance oversight with operational command.
The commission said it remained committed to working with other institutions and stakeholders to promote effective policing and protect the gains made through reforms.
“It remains steadfast in safeguarding the gains made in police reforms and promoting a professional, impartial and accountable National Police Service that upholds the rule of law, commands public confidence and serves the interests of the people of Kenya,” Komora said.
