A past police recruitment drive./FILE
A Nairobi-based public interest group has moved to court to block the planned recruitment of 10,000 police officers, setting the stage for a fresh legal battle within the National Police Service (NPS).
The application, filed on September 9, 2025, by Sheria Mtaani and lawyer Shadrack Wambui, seeks conservatory orders restraining the Inspector General of Police (IG) and the NPS from proceeding with the recruitment exercise.
The group argues that the exercise cannot go ahead while a constitutional dispute over payroll management remains unresolved.
The matter stems from a petition filed on 11 August 2025, in which the organisation asked the High Court to clarify whether payroll management falls under the IG or the National Police Service Commission (NPSC).
According to the petitioners, payroll management is an exclusive function of the NPSC under Article 246(3) of the Constitution.
They argue that the function is more than a routine clerical task, describing it as a critical human resource tool used to implement decisions on recruitment, promotions, transfers, suspensions, interdictions, and disciplinary measures.
“Any change to its custody or management has far-reaching implications,” the court papers state.
The petitioners warn that proceeding with the recruitment before the payroll issue is settled would undermine the judicial process.
“If recruitment proceeds before this question is determined, payroll entries for the 10,000 recruits will be made under an authority whose constitutional mandate is in dispute, thereby prejudicing the role of the Commission,” the filing reads.
Court documents show that on August 13, the High Court directed the petition to be served within three days and responses filed within seven. Despite service being effected on August 14, the respondents and interested parties have yet to file any responses in opposition to the petition.
The petitioners therefore argue that their case remains unopposed and must be heard urgently.
“It is in the interest of justice that this matter be certified urgent, heard on a priority basis, and conservatory orders issued as prayed to prevent constitutional infringement,” the application states.
The group is now seeking orders to halt the recruitment exercise until the payroll dispute is conclusively resolved.
They maintain that the orders are necessary to preserve the subject matter of the petition and prevent it from being rendered meaningless.
The latest legal twist comes just days after the NPS and NPSC publicly pledged to set aside their differences and work together in the interest of Kenyans.
