Police recruitment postponed following court order

A Nairobi court yesterday issued orders stopping the planned police recruitment drive.

The decision was met with mixed views as the Interior CS vowed to proceed while the police opted to obey the court order and postponed the recruitment.

The order in question was given by Justice Hellen Wasilwa of the Employment and Labour Relations Court in Nairobi Thursday.

“In accordance with the order of the Employment and Labour Relations Court, issued on October 2, in Petition No. E196 of 2025 (Harun Mwau v. Inspector General of Police, the National Police Service Commission & 2 Others), the police recruitment exercise scheduled to commence on October 3, has been postponed until further notice,” read the National Police Service press statement.

“The National Police Service, in conjunction with the National Police Service Commission, is actively pursuing appropriate legal remedies to ensure the recruitment exercise can resume at the earliest opportunity,” the statement further read.

The court order followed a petition filed by former Kilome MP Harun Mwau.

Mwau argued that the recruitment was due to be carried out by the National Police Service Commission yet it is not a security organ as per the constitution. He thus asked the court to certify the petition and issue orders stopping the planned recruitment drive.

 “In the interim, a conservatory order is hereby issued staying the entire recruitment pending resolution of the petition,” Justice Wasilwa ordered.

 However, the government through Interior Cabinet Secretary Kipchumba Murkomen swiftly brushed off the order saying the recruitment exercise will proceed as had been planned.

 “I am aware that there was a legal process in court and one of the judges has given an order to stop the recruitment,” the CS said as he addressed a Jukwaa la Usalma forum in Nairobi.

 Murkomen said court orders had stalled police recruitment for the last four years and stressed the dire need to hire more security personnel terming it critical for the safety of the country.

 “I wish I could be allowed to call the judge directly to understand the consequences of a court order to the recruitment of police officers that has never happened for the last four years. How it is very critical for the safety of our country to recruit those police officers urgently not just for anything else, but to secure our boarders,” Murkomen said.

 In his petition, Mwau claimed that the National Police Service Commission, which was due to oversee the recruitment process, is not a security organ and should therefore not be the agency recruiting police officers.

 Such a mandate, he argued, lied with the National Police Service which is headed by the Inspector General of Police.

 “Unless the orders sought are granted, the National Police Service Commission is likely to proceed with recruitment of members of the service in clear violation of the constitution, which is likely to undermine national security,” Mwau said in his prayers.

 He said it was in order to stop the exercise as it would violate the constitution in actions that would later be declared null and void.

 However, Murkomen insisted the there was urgent need to hire more police officers to replace several others who have died since the last recruitment.

 The minister said the recruitment needs to be opened soon to ensure the police are trained in time to assist in the 2027 general election.

 “There are many police officers who have retired, some have passed on, and we need to replace and bring energetic police officers who will be trained in time to even help us support the next election,” he said.

 Murkomen said he hoped the judge would watch his speech, apply reason and quickly reopen the recruitment process so that the country can get the police officers it urgently needs.

 He expressed confidence that the situation would soon be resolved.

 Only on Tuesday, another petition that had been filed by lobby group Sheria Mtaani and Shadrack Wambui was withdrawn after talks with the state to allow the recruitment drive to proceed.

 “I hope that the judge will watch my speech so that I don’t need to call her and apply reason to make sure the process is opened very quickly to ensure our country can recruit the police officers they need so badly. I am sure the situation will be resolved,” Murkomen said.

  A similar order had in 2014 been issued and stopped the exercise that had already taken place.

 It forced the cancellation of the entire recruitment that had already taken place and the recruits were set to join the training colleges over alleged irregularities.

 Mwau says NPSC is not a security organ and therefore cannot recruit police officers who are security personnel.

 “Its (NPSC) recruitment mandate is distinct and applies only to civilian human resource positions and not sworn members of the service,” the petition reads.

 Justice Wasilwa directed the respondents who include the Inspector General, the National Police Service, The Attorney General and the National Police Service Commission to file their responses within seven days.

 The matter will be mentioned on October 21 to confirm compliance and highlighting of submissions.