Members of Parliament have warned against a brewing constitutional crisis amid the ongoing leadership wrangles between the National Police Service (NPS) and the National Police Service Commission (NPSC).
On Tuesday, September 16, 2025, during a sitting, House Members attributed the perennial constitutional tug-of-war between the NPS and the NPSC to conflicting interpretations of Articles 245 and 246 of the Constitution.
The Committee on Implementation of the Constitution, chaired by Suba South MP Caroli Omondi, acknowledged that the standoff stems from ambiguity over the distinct roles and powers of the Inspector General (IG) and the Commission. The lawmakers warned that the continued wrangling risks fracturing the integrity and unity of the police service.
โArticle 245 of the Constitution vests the IG with the operational command of the NPS, including the implementation of policy decisions, coordination of police operations nationwide, and the deployment of officers below the rank of Superintendent.
โConversely, Article 246 establishes the NPSC as the body mandated with human resource management within the police service. This includes recruitment, appointments, promotions, transfers, disciplinary control, and oversight of training standards and curricula,โ the commission said in a statement.
The lawmakers noted rising tension over the allocation of funds for new police recruitment, with the NPSC raising concerns that the budget was directed to the NPS, effectively sidelining the Commissionโs independent mandate to oversee recruitment processes.
Also at the heart of the dispute is the control of the payroll and other overlapping human resource functions. The NPSC insists that payroll management squarely falls within its constitutional mandate, while the IG maintains that relinquishing this function would erode his authority over police operations.
The Committee, which met both parties on Tuesday, resolved to call for further consultations with key stakeholders before making recommendations to the House so it can issue a definitive stance on the matter.
The petition, filed on August 11, 2025, raises the question of whether the custody and administration of the police payroll falls under the operational mandate of the Inspector General of Police or the human resource management role of the National Police Service Commission (NPSC).
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