The High Court has suspended the implementation of President William Ruto's Executive Order that placed the Independent Policing Oversight Authority (IPOA) under the Ministry of Interior and National Administration, pending the hearing of a constitutional petition challenging the move.
The conservatory orders mean the Ministry of Interior cannot, for now, supervise, administer or exercise authority over IPOA under Executive Order No. 2 of 2023, preserving the agency's position as an independent civilian police oversight body.
The petition was filed by Obwogi Jonathan, who argues that transferring IPOA to the same ministry responsible for the National Police Service undermines the authority's constitutional independence and weakens its ability to investigate police misconduct without external interference.
According to the petition, the Executive Order has already been used to alter government reporting structures and place IPOA under the Interior Ministry, a move the petitioner says threatens the agency's impartiality and oversight role.
The court agreed that the status quo should be maintained until the constitutional questions raised are fully heard and determined.
In its orders, the court directed that "the implementation of Executive Order No. 2 of 2023, insofar as it places the IPOA under the Ministry of Interior and National Administration, is hereby suspended pending the hearing and determination of the petition."
The judge clarified that the orders do not determine the constitutionality of the Executive Order but are intended to preserve the authority's independence while the case proceeds.
The petitioner maintains that allowing the Executive Order to continue operating before the case is concluded could irreparably undermine IPOA's constitutional mandate.
"Continued implementation of the Executive Order poses a real threat to the constitutional independence of IPOA and its ability to discharge its oversight mandate free from external influence," the petition states.
President Ruto issued Executive Order No. 2 of 2023 on November 1, 2023, reorganising several government functions, including placing IPOA under the Ministry of Interior and National Administration.
The conservatory orders will remain in force until the constitutional petition is heard and determined. The case will be mentioned on September 21, 2026, for further directions.
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