Lawyer Willis Otieno has welcomed the High Court ruling that affirmed the Inspector General (IG) as the sole authority in charge of recruiting and managing officers of the National Police Service (NPS).
The judgment found that the National Police Service Commission (NPSC) lacks legal powers to recruit, train, or dismiss officers, stating that those roles fall strictly under the IG’s independent command as outlined in Article 245 of the Constitution.
Otieno said the decision brings much-needed clarity to the boundaries of power within Kenya’s policing framework.
“The court’s decision reaffirming that the NPSC has no power to recruit police officers is not only sound in law but fundamental to constitutionalism,” he said in a statement shared on X.
He explained that while Article 246(3) of the Constitution defines the Commission’s functions—such as appointing, promoting, and transferring officers—Article 245(2)(a) establishes that the IG is independent in the command, supervision, and administration of the Service.
According to Otieno, this means the IG must be fully involved in recruitment to maintain the integrity of the chain of command.
The lawyer faulted the Commission for proceeding to advertise recruitment without consulting the IG, saying the move breached constitutional provisions that safeguard police independence.
“By advertising recruitment without proper legal backing or consultation with the IG, the Commission violated both the constitutional structure of police independence and the principle of legality under Article 10(2)(a),” he said.
Otieno praised the court for reinforcing accountability among constitutional offices, warning that none should act as power fiefdoms.
He noted that every public body must derive its authority from the Constitution, not personal interpretation or convenience.
The ruling is expected to influence how future police recruitments are conducted and could lead to policy adjustments within the National Police Service to align operations with the law.
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