NAIROBI, Kenya – The High Court has temporarily suspended the implementation of parts of Executive Order No. 2 of 2023 that sought to place the Independent Policing Oversight Authority (IPOA) under the Ministry of Interior and National Administration.
In orders issued on July 14, 2026, Justice David Mburu granted conservatory orders in a petition filed by Jonathan Obwogi, effectively restraining the government from implementing the contested provisions until the case is heard and determined.
The petition, HCCHRPET/E399/2026, names the Independent Policing Oversight Authority (IPOA), the Cabinet Secretary for Interior and Coordination of National Government, and five other respondents.
The court noted that the respondents had been duly served with both the petition and the accompanying application but had not filed any responses.
Justice Mburu further observed that the third respondent, represented by counsel during the proceedings, did not oppose the issuance of the conservatory orders sought by the petitioner.
The judge consequently ordered that the government, its agents, servants or any person acting on its behalf be restrained from implementing or giving effect to provisions of Executive Order No. 2 of 2023 that place IPOA under the Ministry of Interior.
“A conservatory order is hereby issued staying, suspending and/or restraining the 1st and 2nd Respondents… from implementing, enforcing, giving further effect to… Executive Order No. 2 of 2023 insofar as those provisions purport to place the Independent Policing Oversight Authority under or within the Ministry of Interior and National Administration,” the court ruled.
Court Sets Timelines
The High Court directed all respondents to file and serve their responses to both the petition and the application within seven days.
The petitioner was granted leave to file a supplementary affidavit within 14 days after receiving the responses.
Thereafter, all parties will exchange written submissions on the application within 14 days each before the matter returns to court.
The case has been scheduled for mention on September 21, 2026, for further directions.
The ruling temporarily preserves IPOA’s current institutional status pending the court’s determination of the constitutional questions raised in the petition.
The case is expected to have significant implications for the independence of Kenya’s police oversight body and the scope of executive authority in reorganising state institutions.