A heated legal dispute is unfolding over Kenya’s planned police recruitment, with a crucial court hearing scheduled for Tuesday.
The lobby group Sheria Mtaani has filed a petition seeking to stop the nationwide intake of new officers set for Friday. The group argues that the recruitment process raises serious constitutional concerns regarding the powers of the Inspector-General of Police (IGP) and the National Police Service Commission (NPSC).
According to the petitioners, allowing the exercise to continue without resolving these issues could undermine legal protections and weaken oversight of the police service.
During Monday’s hearing at the Milimani Law Courts, lawyers for Sheria Mtaani, including Shadrack Wambui, Danstan Omari, and Cliff Ombeta, urged Justice Lawrence Mugambi to freeze the recruitment exercise until the petition is fully considered.
They stressed that the case highlights substantial legal questions that require careful judicial examination. Wambui argued that proceeding with the recruitment under what they describe as a flawed legal arrangement could put public interest at risk.
The petitioners are seeking conservatory orders, which would temporarily halt the intake while the constitutional issues are addressed.
The state, through the Attorney General, opposed the request, arguing that the petitioners had not met the necessary threshold for interim relief.
Officials warned that suspending the recruitment could interfere with the independence of the IGP, disrupt the chain of command, and affect normal police operations.
Court documents cited Article 245 of the Constitution, which grants the IGP autonomous command over the police. The filings emphasized that payroll management and other administrative responsibilities lie with the IGP and are not within the constitutional mandate of the NPSC.
Any attempts to shift this balance, the state argued, could undermine the separation of powers.Representing the NPSC, counsel Paul Nyamodi also called for an expedited hearing, noting that the petitioners’ request for conservatory orders required immediate attention.
He confirmed the Commission’s readiness to respond and participate fully in the legal proceedings.
Justice Mugambi directed both parties to submit written arguments by Monday evening and scheduled the next hearing for 10 a.m. on Tuesday.
The court’s ruling will determine whether the recruitment of thousands of new police officers will go ahead as planned or be temporarily suspended until the constitutional questions surrounding the process are resolved.
This case has attracted wide attention as it raises important issues about the division of authority within the police service and the proper safeguards for lawful operations.
