NAIROBI, Kenya — The contested nationwide police recruitment exercise, scheduled to begin on Monday 17, November 2025, now appears set to proceed after the High Court on Friday afternoon issued orders temporarily lifting the injunction that had halted the process earlier in the week.
Justice Bahati Mwamuye suspended the conservatory orders initially issued on November 10, 2025, effectively restoring the legal status quo that existed before the recruitment was stopped.
This judicial directive eases immediate pressure on the agencies coordinating the nationwide intake, which had been caught in a legal tussle over the constitutional mandate for recruitment.
Legal tussle over mandate
The recruitment exercise was initially halted following a petition filed by activist Eliud Matindi. His petition challenged the legality of the exercise being conducted by the Inspector General of Police (IG).
Matindi’s core argument was that the National Police Service Commission (NPSC), not the Inspector General, is the body constitutionally mandated to handle recruitment into the National Police Service (NPS) under Article 246(3)(a) of the Constitution.
The latest legal dispute stemmed from a series of conflicting decisions regarding which agency holds the recruitment authority:
- NPSC’s initial attempt: The NPSC announced plans on September 5, 2025, to recruit 10,000 police constables, citing its constitutional mandate. This exercise was later suspended on October 2, 2025, following a separate court order.
- Court reversal: On October 30, 2025, the High Court complicated the matter by declaring the NPSC’s initial advertisement unconstitutional, ruling that the recruitment mandate instead lay with the National Police Service (NPS).
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- IG’s fresh drive: Following this ruling, the Inspector General issued a fresh advertisement on November 4, 2025, announcing a new recruitment drive to be conducted across 422 centers nationwide on November 17, 2025.
Matindi’s petition specifically targeted the IG’s fresh move, arguing that even if the NPS holds the mandate, the Inspector General has no legal authority to undertake recruitment without express delegation from the NPSC, as required under Section 10(2) of the National Police Service Commission Act.
With the stay order now in place, the recruitment can proceed while the courts prepare to hear the full petition.
Justice Mwamuye ordered the 1st Interested Party to serve its application and the latest orders on all involved parties and file an affidavit of service ahead of the case management session scheduled for November 17, 2025.
