High Court Rules President Ruto’s 23-member Task Force on Police Welfare Unconstitutional

In a landmark ruling, the High Court has declared the 23-member task force established by President William Ruto in December 2022 to review police welfare and recommend reforms, unconstitutional. The task force, chaired by former Chief Justice David Maraga with Carole Kariuki as deputy, was tasked with addressing critical issues affecting the National Police Service and Kenya Prisons Service, including officer welfare and service delivery constraints. However, the court found that its formation usurped the constitutional mandate of the National Police Service Commission (NPSC), enshrined under Article 246 of the Kenyan Constitution, which exclusively oversees police human resource functions, including recruitment, discipline, and welfare.

The decision stems from a legal challenge initially filed in February 2023 by Dr. Magare Gikenyi, who argued that the task force was an unlawful overreach by the executive, undermining the NPSC's independence. The High Court agreed, ruling that President Ruto’s initiative effectively duplicated the NPSC’s role, rendering all actions, reports, and recommendations produced by the task force, including its November 2023 report to the President, null and void. This ruling aligns with a pattern of judicial oversight in Kenya, as seen in recent cases like the 2024 Haiti police deployment decision and a 2025 health task force invalidation.

The implications are significant: police welfare reforms may face delays, potentially impacting officer morale and public safety efforts, despite the government’s earlier pledge to implement the task force’s findings. The decision underscores the tension between executive actions and the autonomy of Kenya’s constitutional bodies, raising questions about how police reforms will proceed moving forward.