NAIROBI, Kenya, Oct 21 — The National Police Service (NPS) and the National Police Service Commission (NPSC) have jointly challenged the jurisdiction of the Employment and Labour Relations Court (ELRC) in a case that led to the suspension of the planned recruitment of 10,000 police officers across the country.
The two institutions filed responses before the court on Tuesday arguing that the petition, lodged by former legislator John Harun Mwau, falls outside the mandate of the ELRC, which temporarily halted the nationwide recruitment exercise earlier this month.
NPSC contended that the matter does not arise from any employment or labour relations dispute, but instead touches on constitutional and administrative issues concerning national security and police governance.
“The NPSC respectfully submits that this Honourable Court lacks jurisdiction to entertain, hear, and determine the present petition and application,” the Commission stated in its filing.
Restricted jurisdiction
The Commission cited Section 12(1) of the Employment and Labour Relations Court Act and Article 162(2) of the Constitution, arguing that the ELRC’s powers are confined to disputes between employers and employees, or involving trade unions and labour organizations.
“The petition before this court does not meet this threshold. It does not involve an employment relationship, collective bargaining, or any dispute between a worker and an employer,” the NPSC maintained.
Instead, the NPSC and NPS assert that the case concerns the constitutional functions of the Inspector General, the police service, and the Commission itself—including recruitment, promotion, discipline, payroll, and human resource management—issues they say are within the jurisdiction of the High Court under Article 165 of the Constitution.
The agencies warn that allowing the ELRC to proceed with the case could disrupt the established chain of command and civilian oversight structures governing the police service.
However, Mwau opposed the jurisdictional objection, insisting that the ELRC is legally empowered to hear the petition.
He accused the Commission of violating constitutional principles of transparency, fairness, and accountability in the recruitment process.
Mwau also claimed the NPSC failed to conduct adequate public participation before publishing the 2025 Police Recruitment Regulations, and has asked the court to declare the exercise null and void, maintaining the interim suspension orders.
The ELRC in Nairobi, presided over by Lady Justice Hellen Wasilwa, had on October 2, issued the temporary suspension of the recruitment, which was set to begin the following day, October 3.
The case will proceed to a full hearing to determine whether the ELRC can retain jurisdiction over the matter.