Court lifts orders that stopped police recruitment, exercise to continue Monday
He added that the case management on the previous case will be on the day of recruitment. While this was happening, the National Police Service's recruitment team was meeting in Embakasi to finalise the recruitment plans.
The High Court sitting in Milimani on Friday lifted an order that had stopped the police recruitment exercise scheduled for Monday.
Justice Bahati Mwamuye issued the orders, lifting the earlier order he had issued on Monday following a petition filed by one Eliud Matindi, who challenged the legality of the recruitment exercise being conducted by the Inspector General of Police (IG).
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The new order comes after the Inspector General of Police, Douglas Kanja, made an application to have Monday's orders lifted.
"Pending the inter parties hearing and determination of the 1st Interested Party/Applicant's Notice of Motion Application dated 13/11/2025, the conservatory orders issued on 10/11/2025 in this matter are stayed, and the obtaining status quo ante in place immediately before their issuance shall apply in the interim. The 1st Interested Party/Applicant shall serve its Application dated 13/11/2025 and this Court Order on all parties and file an Affidavit of Service in that regard," the judge ordered.
He added that the case management on the previous case will be on the day of recruitment.
While this was happening, the National Police Service's recruitment team was meeting in Embakasi to finalise the recruitment plans.
The service advertised the recruitment on October 31, a day after winning a case against the National Police Service Commission that sought to have the commission conduct the exercise.
The court had declared that any recruitment process advertised or initiated by the NPSC Chairperson, Peter Lelei, was null and void for violating the Constitution.
"A declaration is hereby issued that the recruitment by national security organs under Article 232(d) of the Constitution can only be done by the national security organ itself, and not by any other entity outside it," ruled Justice Hellen Wasilwa.
The ruling meant that the recruitment exercise that had been advertised by the commission was unconstitutional as the court held that the NPSC is not a national security organ as defined under Article 239(1) of the Constitution, and therefore lacks the constitutional authority to carry out recruitment functions reserved for the NPS.
After the ruling, Matindi had sued the Inspector-General of the National Police Service, the National Police Service Commission (NPSC), and the Attorney-General, naming the National Police Service and Katiba Institute as interested parties.
In his petition, Matindi argued that the IG has no constitutional or statutory authority to recruit police constables, a function he argued belongs exclusively to the Commission under Article 246(3)(a) of the Constitution and the National Police Service Commission Act.
The petitioner added that the advertisement and planned recruitment by the IG, scheduled for November 17 across 422 centres nationwide, is unconstitutional, null, and void since no lawful delegation was made by the NPSC as required by Section 10(2) of the Act.
He further argued that proceeding with the recruitment would undermine the rule of law and expose public resources to wastage, arguing that the court's intervention is necessary to safeguard constitutional integrity.
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