High Court Suspends Nationwide Police Recruitment Amid Fresh Legal Hurdle
In a dramatic turn for Kenya's security sector, the High Court in Nairobi has issued a conservatory order halting the National Police Service's (NPS) planned recruitment of 10,000 police constables and officers nationwide. The suspension, granted just days before the exercise was set to commence, stems from a new constitutional petition raising concerns over the process's legality and procedural integrity.
Justice Bahati Mwamuye, sitting at the Milimani Law Courts, delivered the ruling on Monday, temporarily barring the NPS, its agents, and all involved parties from proceeding with any recruitment activities. The order prohibits the implementation, facilitation, or furtherance of the exercise until a full inter partes hearing determines the merits of the challenge. This development leaves thousands of eager applicants in limbo, as the recruitment was slated to kick off simultaneously across all 1,450 sub-counties in Kenya on November 17.
The petition, filed by Eliud Matindi, a concerned citizen, directly contests the recruitment announcement made by Inspector General of Police Douglas Kanja on November 4. Matindi argues that the process violates constitutional provisions on fair administrative action and public participation, though specific procedural flaws cited in the application were not publicly detailed in court proceedings. The court directed Matindi to serve the petition, supporting documents, and orders on the respondents—including the NPS, the Attorney General, and other state entities—by November 12. An affidavit of service must follow, and a penal notice warns of severe consequences for any defiance of the orders.
This fresh legal snag arrives hot on the heels of a landmark Employment and Labour Relations Court decision last month that reshaped police hiring authority. On October 30, Lady Justice Hellen Wasilwa ruled that the National Police Service Commission (NPSC) lacks the constitutional mandate to recruit, train, assign, suspend, or dismiss police officers. Citing Article 239(1) of the Constitution, which designates the NPS itself as the national security organ responsible for such functions, Wasilwa declared the NPSC ineligible under Article 232(d) for recruitment duties. The judgment nullified the NPSC's planned drive for 10,000 officers, shifting the responsibility squarely to the NPS.
The October ruling originated from a petition by former Transport Minister and Kilome MP John Harun Mwau, who contended that empowering the NPSC undermined the NPS's exclusive role in maintaining internal security. Wasilwa's bench emphasized that only the security organ—in this case, the NPS—can legitimately handle recruitment to ensure accountability and alignment with national security imperatives. Following the verdict, the NPS swiftly assumed control, issuing eligibility guidelines to applicants.
Prospective recruits must be Kenyan citizens aged 18 to 28, hold a valid national ID, and have achieved at least a D+ mean grade in the Kenya Certificate of Secondary Education (KCSE), including a D+ in English or Kiswahili. Physical requirements include a minimum height of 5 feet 8 inches for men and 5 feet 3 inches for women, alongside proof of medical and physical fitness. Women applicants must not be pregnant at the time of recruitment or during training. Disqualifications apply to those with criminal records, pending court cases, or involvement in disciplinary proceedings. The NPS has stressed that the process is entirely free, urging applicants to report any bribery attempts, with perpetrators facing prosecution.
In response to the earlier court win, the NPS had set the new November 17 start date, encouraging National Youth Service (NYS) graduates meeting the criteria to participate. The exercise aimed to bolster the force amid rising security demands, including counter-terrorism efforts, community policing, and border management. However, Monday's High Court intervention has once again derailed these plans, extending uncertainty for job seekers who have invested time and resources in preparation.
Legal experts view the suspension as a necessary check on executive overreach, ensuring recruitment adheres to principles of transparency and equity. "This is about safeguarding the rule of law in one of our most critical public services," one analyst noted, highlighting the petition's focus on potential exclusions and hasty timelines. Critics of the delay, including some security stakeholders, warn it could exacerbate staffing shortages in the NPS, which currently operates below optimal capacity in several regions.
The case now heads to a substantive hearing, where deeper scrutiny of the recruitment framework will unfold. Until resolved, the nationwide drive remains frozen, underscoring the judiciary's pivotal role in balancing security needs with constitutional safeguards. Applicants are advised to monitor official NPS channels for updates, as the outcome could redefine hiring protocols for years to come.
This suspension marks the second major judicial roadblock in as many months, prompting questions about coordination between state organs and the efficiency of police expansion initiatives. As Kenya grapples with evolving threats—from urban crime to cross-border insurgencies—the quest for a robust, merit-based police force continues to navigate turbulent legal waters.