Case seeking to halt police recruitment to be heard on Tuesday

The High Court has fast-tracked a case seeking to suspend the nationwide police recruitment exercise scheduled for Friday, setting the stage for a decisive hearing on Tuesday morning.

Justice Lawrence Mugambi of the Milimani High Court issued the directive after all parties appeared before him on Monday and agreed the matter was urgent, given the looming recruitment deadline.

The petitioners, lobby group Sheria Mtaani, represented by lawyers Shadrack Wambui, Danstan Omari and Cliff Ombeta, urged the court to suspend the exercise, citing constitutional controversies over the roles of the Inspector-General of Police (IGP) and the National Police Service Commission (NPSC).

They argued that unless the recruitment was halted, the process risked proceeding under a framework that undermines constitutional values.

“Given the opportunity, we will prove to the court that we have a prima facie case,” lawyer Wambui told the court, insisting conservatory orders were necessary to protect the Constitution.

But the Attorney General, representing the 3rd Respondent, opposed the request, arguing that the applicants had failed to meet the threshold for interim orders.

He warned that halting the recruitment would disrupt the IGP’s constitutional mandate, interfere with the police chain of command, and distort the distribution of authority set out in law.

In the Grounds of Opposition filed in court, the AG stressed that Article 245 of the Constitution grants the Inspector-General independent command over the Service, while barring the NPSC from directing him on matters such as employment, promotions, suspensions or dismissals.

Payroll management, he added, is not a constitutional function of the Commission but an operational matter overseen by the IGP. Allowing the NPSC to assume such roles, he argued, would erode constitutional checks and balances.

Lawyer Paul Nyamodi, appearing for the Commission, also supported the directive to have the application heard expeditiously.

“The petitioners before you have an application pending for conservatory orders. The proper direction is to hear it now that the matter has come before you,” he told the court, stressing their readiness to proceed without delay.

Justice Mugambi directed parties to file and exchange submissions by close of business on Monday and return to court on Tuesday at 10 am for the hearing. 

The outcome will determine whether the police recruitment exercise, expected to bring thousands of new officers into the Service, goes ahead as planned or is suspended pending resolution of the constitutional dispute.