NAIROBI, Kenya — The High Court has issued temporary orders suspending the planned national police recruitment exercise following a petition filed by activist Eliud Matindi.
Justice Bahati Mwamuye granted conservatory orders, effectively putting on hold the Notice of Recruitment of Police Constables/Officers that had been issued on November 4, 2025.
This suspension will remain in effect pending the full hearing and determination of Matindi’s application, which was dated November 6, 2025.
Recruitment halted pending legal review
The court order explicitly suspended the entire recruitment process scheduled to begin on November 17, 2025.
“Pending the inter partes hearing and determination of the Petitioner/Applicant’s Notice of Motion Application dated 06/11/2025, a conservatory order be and is hereby issued suspending the Notice of Recruitment of Police Constables/Officers issued on 04/11/2025 by the 1st Respondent,” read part of the order.
The High Court went further to stay the operation, application, and implementation of the impugned recruitment notice, ensuring the orders apply comprehensively:
“Order 1 and Order 2 apply to the Respondents and the 1st Interested Party, jointly and severally, and to their employees, servants, agents, related entities, and any person, body, or authority operating with them under any multi-agency framework; and includes all facilitative or support functions or services with respect to the impugned Police Recruitment,” the ruling stated.
The court has given a strict timeline for the legal proceedings: the petitioner must serve the respondents and interested parties by November 12, 2025.
The respondents have until December 11, 2025, to file their responses, while the petitioner is permitted to file a rejoinder by January 9, 2026.
The constitutional challenge
The core of activist Eliud Matindi’s petition centers on the constitutional mandate for police recruitment. Matindi argues that under Article 246(3)(a) of the Constitution, the National Police Service Commission (NPSC) is the only body legally authorized to recruit police officers.
Matindi contends that the Inspector General of Police (the 1st Respondent), despite being a member of the NPSC, lacks the independent constitutional or statutory authority to unilaterally conduct such an exercise.
He specifically notes that no delegation of powers from the NPSC was made under Section 10(2) of the National Police Service Commission Act.
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“In the absence of any delegation by NPSC to the 1st Respondent to carry out such recruitment, only the NPSC has the constitutional and statutory authority to undertake the process,” the petitioner argues.
The petition highlights that the recruitment had already been suspended once by the Employment and Labour Relations Court in October 2025.
Despite that ruling, the Inspector General allegedly issued a fresh advertisement on November 4, 2025, scheduling a new recruitment for November 17, 2025, across 422 centers.
Matindi maintains that proceeding with the recruitment is unconstitutional, null, and void, and poses a significant risk to public finances and the individuals who would participate in the unlawful process.
He argues that the conservatory orders are necessary to protect the Constitution and the rule of law.
