2025 police recruitment: Why the court has stopped planned nationwide exercise
By Zipporah Ngwatu, October 2, 2025A Nairobi High Court has issued a conservatory order blocking the National Police Service (NPS) from proceeding with the recruitment of 10,000 police officers that was scheduled to start tomorrow, Friday, October 3, 2025.
The order has been issued by the Employment and Labour Relations Court; Lady Justice Hellen Wasilwa has halted the entire recruitment from kicking off until the petition filed by former Kilome Member of Parliament John Harun Mwau is heard.
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“An interim conservatory order is hereby issued staying the entire recruitment pending resolution of the petition,” Judge Wasilwa ruled.
The former transport minister, Mwau, filed a certificate of urgency seeking a conservatory order restraining the National Police Service Commission (NPSC) from recruiting, training, employing, assigning, promoting, suspending, and dismissing the members of the service.
In his application, Mwau argues that NPSC has purported to usurp the powers of the IG and NPS in respect of the recruitment of members of NPS, without any colour of authority, and intends to proceed with this unconstitutional exercise beginning on Friday, October 3, 2025.
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Further, he avers that the NPSC is not a national security organ under Article 239(1) of the Constitution, and it cannot purport to recruit for a national security organ since Article 238(2)(d) declares that the recruitment is by the national security organ and not the national security organ.
“The third respondent (NPSC) is a commission established under Article 246(1) of the Constitution and is sued in this petition for purporting to contravene the Constitution by usurping the Constitutional powers of the first and second respondents by purporting to exercise powers under 238(2)(c), 239, 244(a) and (c), 245(1) and (4) and 247 of the Constitution,” part of the application read.
The court has directed the respondents (Inspector General of Police (IG), National Police Service (NPS), National Police Service Commission (NPSC) and the Attorney General) to file responses within seven days.
Mwau has also been directed to file further affidavits and submissions within seven days and file submissions within seven days.
The matter will be mentioned on October 21, 2025, to confirm compliance and highlight submissions.