NAIROBI, Kenya – The High Court has temporarily stopped the implementation of an Executive Order that transferred the Independent Policing Oversight Authority (IPOA) to the Ministry of Interior and National Administration, pending the hearing of a constitutional petition challenging the move.
The petitioners argue that placing IPOA under the same ministry responsible for overseeing the National Police Service undermines the watchdog’s constitutional independence and weakens its ability to investigate allegations of police misconduct without interference.
The disputed directive stems from President William Ruto’s Executive Order No. 2 of 2023, issued on November 1, 2023, which reorganised government functions and placed IPOA under the Ministry of Interior and National Administration.
The case was filed by Obwogi Jonathan, who is seeking to overturn the transfer. He maintains that the restructuring compromises IPOA’s autonomy by subjecting it to a ministry linked to the police service it is mandated to oversee, thereby threatening the authority’s ability to conduct impartial investigations.
Several civil society organisations have joined the proceedings as interested parties, supporting the petition. They argue that the Executive Order has already been used to change reporting lines and administrative structures, effectively placing IPOA under the control of the Interior Ministry.
According to the petitioners, allowing the directive to remain in force while the case is pending would pose a serious risk to IPOA’s constitutional mandate and its independence as a civilian oversight institution.
In its ruling delivered on Tuesday, the High Court issued conservatory orders suspending the implementation of the Executive Order. The orders preserve IPOA’s previous legal and institutional status until the constitutional questions raised in the petition are fully heard and determined.
The court did not rule on the legality or constitutionality of the Executive Order at this stage. Instead, it maintained the position that existed before the directive took effect to ensure the case proceeds without further changes to the authority’s status.
As a result, the Ministry of Interior and National Administration is temporarily barred from relying on Executive Order No. 2 of 2023 to supervise, administer, direct, or exercise authority over IPOA while the matter remains before the court.
The conservatory orders will remain in effect until the constitutional petition is heard and determined. The case is scheduled for mention on September 21, 2026.