NAIROBI, Kenya, Nov 14 — The High Court has lifted conservatory orders that had suspended the planned nationwide recruitment of 10,000 police constables, clearing the way for the exercise to proceed as scheduled on Monday.
Justice Bahati Mwamuye on Friday rescinded the suspension issued on Monday, ruling that the status quo ante—the situation that existed before the orders—should prevail until the matter is fully heard between the parties.
The judge directed the 1st Interested Party/Applicant to serve its application dated November 13, on all parties and file an affidavit of service before the next court session.
The matter will proceed to case management on Monday, November 17, when the court is expected to set timelines for the hearing.
A penal notice accompanied the order, warning that any disobedience would attract legal consequences.
The decision follows an urgent application filed by Inspector-General of Police Douglas Kanja, who asked the court to lift the suspension, citing a dire staffing crisis and heightened security threats as Kenya approaches the 2027 General Election.
The initial suspension arose from a petition filed by Eliud Matindi, who challenged the legality of the recruitment process.
Material non-disclosure
However, IG Kanja accused Matindi of material non-disclosure, arguing that he failed to inform the court about a recent Employment and Labour Relations Court ruling that vested recruitment authority in the Inspector-General.
According to the IG, the ruling—delivered on October 30 —stripped the National Police Service Commission (NPSC) of the mandate to recruit officers, affirming that the function falls under Article 245(4)(c) of the Constitution, which outlines the IG’s operational independence.
“The petitioner deliberately failed to inform this court that the same dispute was conclusively determined,” the IG stated in his certificate of urgency.
The State warns that after a three-year recruitment freeze, natural attrition has left the National Police Service severely understaffed.
National security
With only 21 months to the next election, IG Kanja argued that delaying the intake would compromise national security, noting that new recruits require extensive training before deployment.
“Stopping or delaying the recruitment will deny the National Police Service ample time to train officers and deploy them to handle the security of the country,” the IG said.
He also pointed out that a related dispute is pending before the Court of Appeal, where the Law Society of Kenya and NPSC are challenging the Labour Court ruling. He submitted that the High Court should defer to the appellate court, terming Matindi’s petition sub judice.
At the heart of Matindi’s petition is a claim that recruitment remains the exclusive mandate of the NPSC—a position the IG disputes, citing the Labour Court’s finding that the Commission, “not being a national security organ, cannot usurp the powers of the Inspector-General.”
Before today’s development, the suspended orders were to remain in force until January 22, 2026, when the petition was scheduled for mention.
The recruitment exercise, one of the largest in recent years, is expected to continue on Monday unless the court issues fresh directions.
