NAIROBI, Kenya – Kenya’s stalled national police recruitment now appears set to proceed on Monday after the High Court on Friday temporarily lifted conservatory orders that had halted the process earlier in the week.
Justice Bahati Mwamuye suspended the orders issued on November 10, effectively restoring the status quo and allowing the National Police Service (NPS) to continue with preparations for the nationwide intake.
The decision offers immediate relief to security agencies, which had been thrown into uncertainty after activist Eliud Matindi challenged the legality of the recruitment being overseen by the Inspector General of Police.
The judge directed the 1st Interested Party to serve its application and the revised orders on all parties, and to file an affidavit of service before case management on November 17, 2025.
The recruitment has been the subject of a simmering legal battle over who holds the constitutional mandate to hire police officers.
Matindi’s petition argues that under Article 246(3)(a) of the Constitution, the National Police Service Commission (NPSC) — not the Inspector General — is responsible for recruitment into the service.
He maintains that the IG cannot conduct the exercise without explicit delegation from the NPSC, as required under Section 10(2) of the NPSC Act.
According to court filings, the NPSC had on September 5, 2025, announced plans to recruit 10,000 police constables, citing its statutory mandate.
However, that exercise was halted on October 2, 2025, following orders in Harun Mwau v. Inspector General of Police & Others.
The Inspector General later issued a fresh advertisement on November 4, 2025, scheduling a new recruitment across 422 centres nationwide on November 17 — the process now under dispute.
Adding to the confusion, the High Court ruled on October 30, 2025, that the NPSC’s earlier recruitment notice was unconstitutional, affirming that the mandate lies with the NPS — a decision now being challenged.
Friday’s temporary stay now means the recruitment can proceed unless the court reverses course during the upcoming case management session.
