Why MPs have rejected NPSC's draft on police recruitment

National
By Josphat Thiong’o | Sep 24, 2025
NPSC commisioners led by chair Dr Amani Yuda Komora  before the Committee on Delegated Legislation on September 23, 2025. [Elvis Ogina, Standard]

The National Police Service Commission (NPSC) has been dealt a blow after MPs rejected draft regulations meant to guide the forthcoming recruitment of 10,000 officers.

Terming the Recruitment and Appointment Regulations, 2025, as “irredeemably defective”, a parliamentary committee Tuesday directed the commission to come up with solutions to the identified problems before the matter is considered by National Assembly in the plenary.

During a sitting of the Committee on Delegated Legislation, NPSC Chief Executive Officer Peter Lelei and chairperson, Yuda Komora, were put to task over the lack of a clear formula to be implemented to ensure equity in recruitment, the commission’s abrogation of excessive powers to itself and the use of the poverty index and marginalisation as parameters.

“These regulations are fresh regulations and not amendments. They remain irredeemably defective. I don’t know why the commission was in a hurry to publish them instead of waiting and making sure they abide by the Statutory Instruments Act. They might not fit in this recruitment exercise,” said committee chairperson, Samwel Chepkonga.

His sentiments came after an hour-long session where members questioned the lack of a clear guideline, including how many slots would be available for each constituency.

The commission had given generalised criteria, stating that the allocation of slots would rely on parameters such as the population, poverty index and gender.

“In these regulations there are no formulae on how the slots will be shared out, just parameters. They should have stipulated how the constituency would be used as a unit of measure and exactly how many slots would be divided per constituency,” argued Bonchari MP Charles Onchonke.

Kathiani legislator, Robert Mbui, said the draft regulations are irregular as they gave more powers to the commission contrary to the law.

“Regulation 7 (4) on sharing of positions, for instance, means that you can choose any criteria whether positive or negative as long as it is you who has the power. There are many more Clauses. I do not know how we will address this as it offends the Statutory Instruments Act,” he said.

“You have allocated yourselves powers to conduct recruitments and to hear cases of those aggrieved by the process. How can you be the judge, jury and executioner?” 

The committee was also shocked on hearing that the commission was seeking to do away with the requirement for a good conduct certificate during the recruitment exercise and would instead require one to declare that they have no criminal record.

But Komora noted that the decision to use the poverty index as a parameter was aimed at improving the livelihoods of the recruits and their communities.

“You can only raise the living standards of people by improving their income and employment brings them revenue,” he said.

He argued that the commission had been guided by the law.

The development comes amid a court case to suspend the recruitment until a dispute over the payroll is resolved. A public interest group filed an urgent application on Tuesday last week seeking conservatory orders.

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