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High Court Halts Police Recruitment Pending Petition

High Court Halts Police Recruitment Pending Petition 



The High Court has halted the ongoing recruitment of police constables announced by the National Police Service on November 4, 2025, following orders issued on November 10, 2025, by Justice Bahati Mwamuye.

Justice Mwamuye directed that the recruitment process remain suspended until a petition challenging it is heard.

The petition, filed at the Milimani Law Courts by London-based activist Eliud Matindi, seeks to bar the police recruitment exercise notice issued by the Inspector-General.

The Petitioner argues that the authority to hire police officers lies with the National Police Service Commission (NPSC) and not the Inspector-General, as provided under Article 246 of the Constitution.

“The authority to recruit police constables lies with the National Police Service Commission, as provided under Article 246(3) of the Constitution. That mandate cannot be taken over or exercised by the Inspector-General,” said Matindi in his statement.

The petition states that the NPSC had initially planned a nationwide recruitment exercise in October 2025, which was later suspended following orders by the Employment and Labour Relations Court in a separate case.

Despite this suspension, the Inspector-General went ahead and announced a new recruitment drive on November 4, 2025, which the Petitioner contends was done without lawful authority.

"The National Police Service Commission had already initiated a lawful recruitment process which was postponed by an order of the Employment and Labour Relations Court. The Inspector-General cannot lawfully revive or replace that process,” Matindi said.

Justice Mwamuye issued a conservatory order halting any further steps toward the recruitment. The order suspends implementation, planning, facilitation, and any related action by the Respondents, their agents, employees, representatives, or any authority acting under them.

The Court further directed the Petitioner to immediately serve the Respondents and the Interested Party with the application, petition, and Court order, and to file an affidavit of service by November 11, 2025.

The Respondents, including the Inspector-General and the NPSC, were ordered to file their responses to the application and petition on or before December 11, 2025.

“The Petitioner shall serve the Respondents and the Interested Parties immediately. A conservatory order is hereby issued suspending the Notice of Recruitment,” said Justice Mwamuye.

The matter will be mentioned on January 22, 2026, to confirm compliance by all parties and to allow the Court to issue instructions for the accelerated hearing of the case.

The outcome of the petition is likely to have a significant impact on the management of police recruitment and the division of responsibilities between the Inspector-General and the National Police Service Commission.

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