The Court of Appeal has upheld a High Court ruling affirming the Inspector General of Police’s authority over the recruitment of uniformed officers in the National Police Service.
In its judgment delivered on Friday, October 16, 2026, the court dismissed appeals challenging the decision, finding that the National Police Service Commission’s constitutional mandate does not extend to recruiting uniformed police officers.
The dispute centred on the interpretation of Article 246(3) of the Constitution, which outlines the functions of the National Police Service Commission (NPSC), and Article 245, which safeguards the Inspector General’s independent command of the National Police Service.
The judges held that the commission’s recruitment powers cover civilian personnel working within the service, rather than uniformed officers who serve under the Inspector General’s command.
In its ruling, the court observed that the Constitution protects the Inspector General from external directions on matters concerning the employment, assignment, promotion, suspension or dismissal of members of the National Police Service, subject to the constitutional provisions governing the office.
“It seems obvious that in the constitutional scheme, members of the service fall under the command of the Inspector General who is independent and not open to direction save as provided for in Article 245(4) by the Cabinet Secretary responsible for police services, and then only in the matter of policy for the Service,” the court stated.
The judges further clarified that the NPSC retains responsibility for civilian employees performing administrative, technical, medical, accounting, information and communication technology, and legal functions within the police service.
The ruling follows an October 30, 2025, decision by the Employment and Labour Relations Court, which found that recruitment and other human resource functions relating to uniformed police officers fell under the authority of the Inspector General and the National Police Service.
The commission had challenged that decision, arguing that the Constitution gave it responsibility for recruitment, appointments, promotions and disciplinary control within the service.
The appellate court’s decision settles the dispute over the constitutional division of recruitment responsibilities between the commission and the police command, with uniformed officer recruitment falling under the Inspector General’s authority.
