The High Court in Nairobi temporarily halted the planned national recruitment of police constables following a petition challenging the legality of the process initiated by the Inspector-General of Police.
Justice Bahati Mwamuye issued a conservatory order suspending the recruitment exercise advertised on November 4 by the Inspector-General, pending the hearing and determination of a petition filed by Eliud Karanja Matindi.
Matindi has sued the Inspector-General of the National Police Service, the National Police Service Commission (NPSC), and the Attorney-General, naming the National Police Service and Katiba Institute as interested parties.
In his petition, Matindi argues that the Inspector-General has no constitutional or statutory authority to recruit police constables, a function he says belongs exclusively to the National Police Service Commission under Article 246(3)(a) of the Constitution and the National Police Service Commission Act.
The petitioner contends that the advertisement and planned recruitment by the Inspector-General, scheduled for November 17 across 422 centres nationwide, is unconstitutional, null, and void since no lawful delegation was made by the NPSC as required by Section 10(2) of the Act.
He further warns that proceeding with the recruitment would undermine the rule of law and expose public resources to wastage, arguing that the court’s intervention is necessary to safeguard constitutional integrity.
Justice Mwamuye directed that the conservatory orders suspending the recruitment remain in force pending an inter partes hearing of the application.
The court also ordered the petitioner to serve all respondents and interested parties with the application and petition by November 12 while the respondents have until December 11 to file their responses.
The matter will be mentioned on January 22, 2026, to confirm compliance and give further directions on the hearing.
“Order 1 and Order 2 apply to the Respondents and the 1st Interested Party, jointly and severally, and to their employees, servants, agents, related entities, and any person, body, or authority that operates with them under any multi-agency framework; and includes all facilitative or support functions or services with respect to the impugned Police Recruitment,” ruled the court
The new exercise was planned for November 17, 2025. The ruling is a blow to many who anticipated to join the service.
The labour court had earlier stopped the exercise following a petition filed by former MP Harun Mwau tussle on who between the IG and National Police Service Commission should conduct the recruitment.
The court ruled in favor of the IG prompting the move by Kanja.
The new ruling means the country may wait until the matter is heard and determined. It is a blow to many parties in the issue.
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