National Police Service Commission (Amendment) Act, 2025: Comprehensive Guide to Key Reforms and Legal Implications
- Muhoro & Gitonga Associates
- Jun 5, 2024
- 4 min read
Updated: 1 day ago
Table of Contents
Background: The National Police Service Commission
Key Provisions of the Amendment Act, 2025
3.1. Mental Health & Psychosocial Support
3.2. Counselling and Welfare Function
3.3. Budgeting & Reporting Obligations
Legal Context & Constitutional Tensions
4.1. The High Court’s Judgement on Recruitment Powers
4.2. Separation of Powers: IG vs. NPSC
Compliance & Implementation: What Stakeholders Need to Do
5.1. For the NPSC
5.2. For the Inspector General and NPS Management
5.3. For Government & Parliament
Risks, Challenges, and Opportunities
Next Steps & Strategic Considerations
Frequently Asked Questions (FAQs)
1. Introduction
The National Police Service Commission (Amendment) Act, 2025 (Act No. 19 of 2025) introduces a formal framework for police welfare and mental health support across Kenya. It amends the National Police Service Commission Act, Cap. 85, to strengthen psychosocial support services, counselling programs, and structured welfare reporting within the National Police Service (NPS).
This reform arrives at a time of heightened public attention on police wellbeing, mental health concerns, and clarity of institutional mandates in Kenya’s security sector.
2. Background: The National Police Service Commission (NPSC)
The NPSC is established under Article 246 of the Constitution and the National Police Service Commission Act (Cap. 85). Its mandate includes policy formulation, human resource oversight, and addressing the welfare of police officers.The National Police Service, led by the Inspector General (IG), holds independent command under Article 245 of the Constitution.
Before the 2025 amendment, the NPSC’s welfare function lacked a detailed statutory framework for psychosocial support, counselling services, or county level wellness infrastructure.
3. Key Provisions of the Amendment Act, 2025
3.1. Mental Health & Psychosocial Support
Entrenches psychosocial support as a statutory function of the NPSC.
Requires establishment of psychosocial support units across counties.
Mandates that counselling and wellness centres be located within police stations, training colleges, police camps, and selected community facilities.
3.2. Counselling and Welfare Function
A major change is the formalization of counselling and welfare services.The NPSC must now:
Deploy trained counsellors, social workers, and mental health professionals.
Provide continuous and accessible counselling programs to police officers.
Operationalize welfare policies that previously existed only in administrative guidelines.
3.3. Budgeting & Reporting Obligations
The Amendment introduces new financial governance obligations:
The NPSC must allocate dedicated budget lines for welfare and psychosocial support in its annual estimates.
Welfare progress must be included in statutory reports under Section 26(3)(f).
Program implementation plans must be reviewed periodically for efficiency and compliance.
4. Legal Context & Constitutional Tensions
4.1. The High Court’s Judgement on Recruitment Powers
In 2025, the High Court clarified that the NPSC does not have constitutional power to recruit, train, deploy, suspend, or dismiss police officers.These functions remain the exclusive domain of the Inspector General under Article 245.
A permanent injunction was issued restraining the NPSC from undertaking recruitment activities previously exercised under delegated regulations.
4.2. Separation of Powers: IG vs. NPSC
The Judgement reaffirmed:
The IG’s exclusive operational command of the police service;
The NPSC’s role as an oversight and policy body, not a security organ under Article 239.
Because the Amendment Act expands NPSC’s welfare functions but not its operational powers, coordination between the IG and NPSC will be central to effective implementation.
5. Compliance & Implementation: What Stakeholders Need to Do
5.1. For the NPSC
Establish psychosocial units in all counties.
Recruit or contract qualified counsellors and welfare officers.
Prepare welfare related budget lines in annual financial estimates.
Produce periodic welfare and psychosocial support reports.
Collaborate closely with the IG to avoid overlap with command functions
5.2. For the Inspector General and NPS Management
Provide access to police facilities for welfare and psychosocial programs.
Integrate mental health support into NPS training curricula.
Encourage uptake of counselling services by officers.
Ensure confidentiality and compliance with the Data Protection Act.
5.3. For Government & Parliament
Finalize a broader legislative review of the NPSC Act and National Police Service Act.
Ensure adequate funding to operationalize county level psychosocial units.
Monitor performance and compliance through parliamentary oversight committees.
6. Risks, Challenges, and Opportunities
Risks & Challenges:
Opportunities:
Modernizing police welfare and professionalizing service delivery.
Reducing stress related misconduct and improving officer wellbeing.
Strengthening trust between the public and the police.
7. Next Steps & Strategic Considerations
Develop a national roadmap for phased rollout of county psychosocial units.
Establish a joint implementation taskforce between NPSC, IG, and mental health experts.
Create digital welfare reporting tools for transparency and accountability.
Prioritize capacity building for counsellors and welfare officers.
Align all welfare data collection with the Data Protection Act.
8. Frequently Asked Questions (FAQs)
1. What does the Amendment Act, 2025 change?
It formally designates psychosocial support and counselling as core statutory functions of the NPSC, including mandatory county level support centres.
2. Does the Amendment Act give the NPSC new recruitment powers?
No. Recruitment remains an operational function of the IG, as reaffirmed by the 2025 High Court Judgement.
3. Who will operate the new psychosocial support centres?
Counsellors, social workers, and mental health practitioners engaged or deployed by the NPSC.
4. Are these welfare centres mandatory in every county?
Yes. The Act requires psychosocial support centres across all 47 counties.
5. When must the NPSC begin budgeting for these programs?
Immediately. Welfare and psychosocial support must now appear as structured budget lines in annual estimates.
6. How does the Data Protection Act apply to counselling services?
Counselling records qualify as sensitive personal data and must be processed lawfully, securely, and confidentially.
7. What institutional challenges may arise?
Coordination challenges between NPSC oversight functions and the IG’s command authority are expected.
8. What benefits does the Amendment bring to police officers?
Improved mental health support, better welfare infrastructure, and more structured support systems across the service.
9. Conclusion
The National Police Service Commission (Amendment) Act, 2025 represents a significant shift toward structured welfare and mental health support within the National Police Service. It introduces mandatory psychosocial units, establishes clear budgetary requirements, and strengthens accountability.Successful implementation will depend on coordinated action among the NPSC, the Inspector General, and Parliament, alongside adequate funding and sustained institutional commitment.
To learn more, see the National Police Service Commission (Amendment) Act, 2025
