Court directs petition seeking to stop police recruitment to be heard urgently
A Nairobi High Court has directed that the petition filed by lawyer Shadrack Wambui and Sheria Mtaani seeking a conservatory order restraining Inspector General of Police (IG) Douglas Kanja and the National Police Service (NPS) from recruiting 10,000 police officers be heard tomorrow on Tuesday, September 30, 2025.
Appearing before Justice Lawrence Mugambi on Monday, September 29, 2025, lawyers Danstan Omari and Cliff Ombeta, representing the petitioners, told the court that the NPS is set to recruit 10,000 police officers on Friday, October 3, 2025, thus stating the urgency of the matter.
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Lawyer Paul Nyamodi, representing the Inspector General of Police (IG) and the National Police Service (NPS), told the court that he agrees with the petitioners and his lawyers that the application to stop the recruitment is really urgent and should be heard urgently.
Judge Mugambi directed that the matter be heard on Tuesday, September 30, 2025, in open court.
“Highlighting the submissions in respect of the notice of motion dated September 9, 2025, by the petitioner applicant, will be heard tomorrow, September 30, 2025, at 10 am in the open court,” Judge Mugambi directed.
In the application, the petitioners argue there is a pending matter they lodged in court on August 12, 2025, raising weighty constitutional questions on the delineation of 9 powers under Articles 245 and 246 of the Constitution in respect of control and management of the payroll of the NPS.
“That pending the hearing and determination of this application herein, a conservatory order be issued restraining the Respondents, whether by themselves, their officers, servants, agents, or any person acting under their authority, from proceeding with or in any way conducting the recruitment of police officers as recently announced,” part of the application read.
clashing of roles
In the earlier matter, the petitioners seek an interpretation of the court on whether the aforementioned role is an operations role designated to the Inspector General of Police (1st Respondent) or a human resource management role designated to the Inspector General of Police (1st Respondent).
Further, they state that even after the court issued directions, the respondents and interested parties are yet to file any responses in opposition to the application dated August 11, 2025, and as such, it remains unopposed.
However, the petitioners assert that the IG and NPS have announced plans to commence with the recruitment of ten thousand (10,000) police officers in the coming weeks.
Also watch: IG Kanja issues warning ahead of police recruitment.
According to the lawyers Wambui and Sheria Mtaani, the recruitment of police officers is directly tied to payroll management, as recruits must be placed on the payroll for payment of salaries, allowances, and benefits, all of which are at the centre of the dispute before the court.
Notably, they state that permitting recruitment at this stage risks the creation of appointments and payroll entries under a disputed administrative authority, thereby entrenching a contested practice that may be difficult to reverse and undermining the efficacy of any orders the court may ultimately issue.
“That if recruitment proceeds before this question is determined, payroll entries for the 10,000 recruits will be made under an authority whose constitutional mandate is in dispute, thereby prejudicing the role of the 1st Interested Party (National Police Service Commission) in recruitment and payroll administration if the Court finds in its favour,” part of the application read.
