File image of Police recruitment exercise.The National Police Service Commission (NPSC) and the National Police Service (NPS) have raised a jurisdictional challenge in a dispute over the planned recruitment of 10,000 police officers.
The dispute stems from a petition filed by former legislator John Harun Mwau, which prompted the Employment and Labour Relations Court (ELRC) to suspend the exercise pending the determination of the case.
According to court filings, the NPSC argues that the ELRC lacks jurisdiction to hear and determine the petition.
“The NPSC respectfully submits that this Honourable Court lacks jurisdiction to entertain, hear, and determine the present Petition and Notice of Motion Application,” the Commission states in its response.
The NPSC contends that under Section 12(1) of the Employment and Labour Relations Court Act and Article 162(2) of the Constitution, the court’s mandate is limited to disputes arising out of employment and labour relations.
It argues that the police recruitment exercise does not constitute such a dispute but instead concerns matters of national security administration and constitutional interpretation relating to Articles 238 to 260.
“The Petition before this court does not meet this threshold. It does not arise from any employment relationship or dispute between an employer and employee, nor does it involve trade unions, employers’ associations, or collective bargaining arrangements,” the NPSC maintains in court documents.
The Commission further submits that the issues raised in the petition touch on the constitutional functions of the Inspector General, the National Police Service, and the Commission—including promotion, discipline, payroll, and human resource management—matters it says fall within the jurisdiction of the High Court under Article 165.
The NPSC cautions that if the ELRC proceeds with the case, it could potentially interfere with established structures of civilian oversight and the operational command of the police service.
On his part, Mwau disputes the jurisdictional challenge, insisting that the ELRC has authority to hear the matter.
He argues that the recruitment process allegedly failed to meet constitutional standards of transparency, accountability, and fairness, and claims that the Commission did not ensure adequate public participation before publishing the 2025 recruitment regulations.
He has asked the court to declare the recruitment process null and void and to uphold the interim orders suspending it.
The ELRC in Nairobi had on Thursday, October 2, 2025, issued a temporary order halting the recruitment, which was scheduled to begin on Friday, October 3, 2025.
The ruling was delivered by Lady Justice Hellen Wasilwa, pending full hearing and determination of the petition.
