Court of Appeal Delivers Major Ruling on Who Can Recruit Police Officers in Kenya
The Court of Appeal handed down a ruling yesterday that gives the Inspector General of Police the authority to hire uniformed police officers – a big blow to the National Police Service Commission’s (NPSC) bid to keep a hold on recruitment mandates.
In a judgement that was handed down on Friday, the appellate court threw out the commission’s appeals, ruling that its constitutional mandate to fill positions within the National Police Service doesnt include the hiring of uniformed police officers.
This decision basically confirms the High Court’s take on the Constitution – it says the Inspector General’s got command over the uniforms, while the commission is responsible for hiring the civilians.
Court of Appeal Upholds IG’s Police Recruitment Powers
The Court of Appeal has ruled that its actually the Inspector General of Police who gets to decide who is hired as a uniformed police officer – not the NPSC.
The judges decided to chuck the appeals and stick with the High Court’s view on how things are supposed to work within the National Police Service.
At the heart of this whole thing was how to interpret Article 246(3) of the Constitution – which outlines what the National Police Service Commission is supposed to do.
The court decided the commission’s recruitment powers only cover the civilians working within the National Police Service – but not the uniformed officers who report directly to the Inspector General.
Why the Court Ruled Against NPSC’s Recruitment Mandate
In its judgement, the court looked at the Constitutional provisions governing the NPSC and the Inspector General and came to the conclusion that the uniforms arent part of the commission’s domain.
The judges pointed out that the Inspector General and the uniforms report to no one – except the Cabinet Secretary – and only in terms of policy.
The court also stressed the point that the Inspector General’s independence is a vital part of the Constitution – and it prevents the uniforms from being told what to do by anyone else.
The court stated:
“its pretty clear in the constitutional set up that the uniforms answer directly to the Inspector General – a bloke who is not accountable to anyone except the Cabinet Secretary on matters of policy for the Service,” the court said.
The ruling makes it pretty clear that the Inspector General’s independence is actually the key to it all – and that its a vital safeguard to keep the National Police Service running smoothly.
What Article 245 Says About the Inspector General’s Powers
Article 245 of the Constitution brings the office of Inspector General into being and sets the Inspector General free to run the National Police Service without interference.
Article 245(4)(c) makes sure that when it comes to making decisions about who gets a job, gets a promotion, gets suspended, or gets canned – the Inspector General gets to make those decisions without anyone breathing down his neck.
In the Court of Appeal’s view, that constitutional protection makes it clear that the guy in charge of the uniformed cops isn’t the same as the NPSC’s role in hiring people to do administrative and other non-cop work.
The judgement gives us a clearer picture of how this is all supposed to work under the Constitution.
NPSC’s Role in Recruiting Civilian Police Staff
Now the Court of Appeal made it clear that even though the Inspector General in charge of the uniformed cops, the NPSC still gets to recruit people for the jobs that need doing behind the scenes – like administrative, medical, accounting and IT work.
That means people who are working in all those areas are hired under the NPSC’s watch, not the Inspector General’s.
That’s not to say that the NPSC is getting rid of its recruitment responsibilities – it just means the court has clarified what those responsibilities are under the Constitution.
How the Ruling Affects Police Recruitment in Kenya
The judgement is pretty clear that the Inspector General is in charge of hiring the uniformed cops, while the NPSC is still in charge of the hiring for all the non-cop jobs.
The Court of Appeal upheld the High Court’s decision – so the Inspector General gets the final say on who gets to join the ranks of the uniformed cops, while the NPSC still has a say in who gets hired for all the other jobs.
This might have some implications for how these two institutions go about hiring people from now on.
But the judgement itself doesn’t announce a new recruitment drive, or tell us when the next recruitment exercise starts, what the requirements are, or where to go to get the details.
So if you’re looking to join the police – you’re still best off keeping an ear to the ground for official announcements from the people in charge.
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Court of Appeal Delivers Major Ruling on Who Can Recruit Police Officers in Kenya
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