On October 30, 2025, Lady Justice Hellen Wasilwa ruled that the NPSC is not a national security organ under Article 239(1) of the Constitution.
In her judgment, she stated that the commission does not have the constitutional mandate to carry out recruitment of police officers as had been advertised.
Justice Wasilwa further held that the NPSC lacks powers to assign duties, promote, suspend, or dismiss members of the National Police Service.
Her ruling raised serious questions about the role of the commission and its authority in managing police personnel matters.
However, the same ruling also gave the Inspector General of Police, Douglas Kanja, the green light to proceed with the planned recruitment of 10,000 police officers.
The judge indicated that the responsibility lay with the office of the Inspector General.
The matter sparked debate within legal and security circles, with different interpretations emerging over the constitutional roles of the NPSC and the Inspector General.
The NPSC is established under the Constitution and has traditionally played a key role in recruitment and oversight within the police service.
By staying the ELRC orders, the Court of Appeal has ensured that there will be no immediate changes to how police recruitment is handled until the appeal is heard and determined.
Legal experts say this step is meant to preserve the status quo and avoid confusion within the security sector.
The recruitment of 10,000 police officers is part of ongoing efforts to strengthen security and improve police presence across the country.
With concerns about rising crime and the need for more officers in various regions, the exercise is seen as important for public safety.