Court of Appeal upholds ruling giving IG power to recruit police officers

In a judgment delivered on Friday, the court dismissed appeals challenging the commission’s mandate, ruling that Article 246(3) of the Constitution empowers the NPSC to recruit civilian staff serving within the National Police Service but does not extend to uniformed officers.

The judges in their ruling noted that that uniformed officers fall under the independent command of the Inspector General, whose office is protected from external directions on matters relating to the employment, assignment, promotion, suspension or dismissal of police officers under Article 245(4)(c) of the Constitution.

“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 observed.

The court emphasised that the Constitution expressly safeguards the Inspector General’s independent command over the National Police Service, distinguishing the recruitment of uniformed officers from that of civilian personnel.

It ruled that the commission’s recruitment mandate covers civilian employees performing administrative, technical, medical, accounting, information and communication technology (ICT) and legal functions within the service.

The decision affirms the High Court’s position on the constitutional limits of the commission’s recruitment powers, placing the recruitment of  uniformed police officers under the Inspector General’s authority.