The National Police Service Commission and the National Police Service contest the Employment and Labour Relations Court's authority to adjudicate a dispute concerning the proposed recruitment of 10,000 police officers. Former legislator John Harun Mwau filed a petition that led the court to halt the exercise pending case resolution.
The commission asserts the court cannot hear the petition under Section 12(1) of the Employment and Labour Relations Court Act and Article 162(2) of the Constitution, which restricts its mandate to employment and labor relations disputes. Officials argue the recruitment involves national security administration and constitutional interpretation under Articles 238 to 260 rather than employer-employee conflicts.
The commission warns that proceeding could disrupt civilian oversight structures and police operational command. Mwau challenges this position, claiming that the recruitment process failed to meet constitutional transparency standards and lacked adequate public participation before the 2025 regulations were published.
Lady Justice Hellen Wasilwa issued temporary orders on Thursday, Oct. 2, 2025, suspending the recruitment scheduled to begin on Friday, Oct. 3, 2025.
The commission asserts the court cannot hear the petition under Section 12(1) of the Employment and Labour Relations Court Act and Article 162(2) of the Constitution, which restricts its mandate to employment and labor relations disputes. Officials argue the recruitment involves national security administration and constitutional interpretation under Articles 238 to 260 rather than employer-employee conflicts.
The commission warns that proceeding could disrupt civilian oversight structures and police operational command. Mwau challenges this position, claiming that the recruitment process failed to meet constitutional transparency standards and lacked adequate public participation before the 2025 regulations were published.
Lady Justice Hellen Wasilwa issued temporary orders on Thursday, Oct. 2, 2025, suspending the recruitment scheduled to begin on Friday, Oct. 3, 2025.
