NPS, NPSC Contest Employment Court’s Jurisdiction On Police Recruitment




The National Police Service (NPS) and the National Police Service Commission (NPSC) have collaboratively contested the jurisdiction of the Employment and Labour Relations Court (ELRC) regarding a case that resulted in the suspension of the intended recruitment of 10,000 police officers nationwide.

  On Tuesday, the two entities submitted their responses to the court, asserting that the petition filed by former legislator John Harun Mwau is beyond the scope of the ELRC's authority, which had previously paused the nationwide recruitment initiative earlier this month. The NPSC argued that the issue does not stem from any employment or labour relations conflict, but rather pertains to constitutional and administrative matters related to 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 articulated in its submission. Restricted jurisdiction The Commission referenced Section 12(1) of the Employment and Labour Relations Court Act and Article 162(2) of the Constitution, contending that the ELRC’s jurisdiction is limited to disputes between employers and employees, or those 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 asserted. Rather, the NPSC and NPS maintain that the case pertains to the constitutional responsibilities of the Inspector General, the police service, and the Commission itself—including recruitment, promotion, discipline, payroll, and human resource management—issues they argue fall under the jurisdiction of the High Court as outlined in Article 165 of the Constitution. The agencies caution that permitting the ELRC to proceed with the case could undermine the established chain of command and civilian oversight mechanisms governing the police service.

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