The Court of Appeal hearing on a dispute over who holds the constitutional authority to recruit and promote police officers has been postponed after Justice Sankale Ole Kantai recused himself.
Justice Kantai stepped aside citing the Law Society of Kenya's (LSK) directive for lawyers to boycott courts presided over by judges facing disciplinary proceedings before the Judicial Service Commission (JSC).
The case, brought by the National Police Service Commission (NPSC), challenges a decision by the Employment and Labour Relations Court that effectively transferred recruitment and promotion powers from the commission to the Inspector General of Police.
The NPSC argues the ruling disrupts the constitutional balance of responsibilities under Articles 245 and 246, undermining its ability to fulfill its mandate. The commission also contends that the lower court wrongly assumed jurisdiction under the Employment Act, which excludes police service members.
Lawyers for the NPSC warned that without suspending the judgment pending appeal, critical police human resource functions could be carried out by an institution lacking constitutional authority, causing institutional and national harm.
The case will be mentioned again for further directions once the bench is reconstituted.
