IG Kanja moves to overturn court order halting recruitment of 10,000 police officers

The Inspector-General of Police, Douglas Kanja, has filed an urgent application at the High Court seeking to overturn orders that halted the recruitment of 10,000 police constables, warning that continued delays threaten the country’s security amid a stretched police force and looming 2027 elections.

The move follows a November 10, 2025, ruling that suspended the recruitment exercise, prompted by a petition from Eliud Matindi challenging the legality of the process.

In his filings, IG Kanja alleges that Matindi failed to disclose a recent Employment and Labour Relations Court decision, which confirmed the Inspector-General’s constitutional authority over police recruitment under Article 245(4)(c).

The Labour Court ruling removed the National Police Service Commission (NPSC) from the recruitment process, reinforcing the IG’s mandate.

“The petitioner deliberately failed to inform this court that the same dispute was conclusively determined three weeks ago,” the IG states, stressing that the suspension risks paralysing police operations during a time of rising criminal activity.

The application, filed under a certificate of urgency at the Milimani Constitutional Court, highlights a severe shortfall in police officers, worsened by a three-year hiring freeze, retirements, and resignations.

With general elections 21 months away, Kanja says that halting the recruitment of 10,000 constables, for which resources had already been mobilised, would leave the country vulnerable.

“Elections demand massive security deployment. Time is required to train the police officers before they are deployed to handle security matters in the country,” the IG emphasises, noting that understaffing has strained the National Police Service’s capacity to respond to security threats.

“Stopping or delaying the recruitment will deny the National Police Service ample time to train the police officers and deploy them to handle the security of the country,” he adds.

The IG also points out that the Court of Appeal is hearing a related case arising from the Labour Court’s recent ruling, with the Law Society of Kenya and NPSC challenging the verdict as undermining oversight.

“The conservatory orders were issued without jurisdiction on account of the principle of sub judice,” Kanja contends, urging the High Court to wait for the Court of Appeal’s decision before taking further action on Matindi’s petition.

According to the IG, the Labour Court has already settled the key issues regarding the NPSC’s role in recruitment, a court equal in standing to the High Court.

“The Employment and Labour Relations Court held that NPSC, not being a national security organ, cannot usurp powers of the Inspector-General and purport to recruit officers for the National Police Service when the NPSC does not have the constitutional authority to perform the said assignment,” the court filings read.

The disputed conservatory orders are scheduled to remain in effect until January 22, 2026, when Matindi’s petition is set for further mention.

Matindi maintains that the recruitment of police officers falls solely under the NPSC’s constitutional and statutory mandate under Section 10(2) of the National Police Service Commission Act, rendering the IG’s advertisement unlawful.

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IG Kanja counters that under Article 245(4)(c), he has the exclusive mandate over employment, assignment, promotion, suspension, and dismissal of police officers.

“Consequently, it is indeed the mandate of the IG to employ, assign, promote, suspend and dismiss members of the National Police Service,” he asserts, leaving the legal battle unresolved as the standoff continues.