Court gives IG Kanja fresh orders days after halting police recruitment
A Nairobi High Court has ordered the Inspector General of the National Police Service (IG), Douglas Kanja, to serve notice of motion he filed in court seeking to have conservatory orders barring the recruitment of 10,000 police constables lifted.
Justice Bahati Mwamuye on Friday, November 14, 2025, directed IG Kanja to serve the National Police Service Commission (NPSC), the Attorney General (AG), and London-based activist Eliud Matindi, who filed a petition that led to the issuance of conservatory orders halting the recruitment.
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Further, he has directed responses to be filed and served by close of business on Friday, November 14, 2025, and a rejoinder, if need be, to be filed and served by the IG by Monday, November 17, 2025, at 08:30 am.
“The first applicant (Inspector General of the National Police Service), notice of motion application dated November 11, 2025, shall come up for mention on November 17, 2025, at 09:30 am, virtually,” Justice Mwamuye ordered.
IG Kanja, through State Counsel Christopher Marwa, filed a notice of motion seeking stay orders of the temporary conservatory orders issued by the High Court temporarily blocking the police recruitment exercise that was scheduled to take place on November 17, 2025.
“That pending the hearing and determination of this application, this honourable court be pleased to stay the ex-parte conservatory orders issued on November 10, 2025,” IG Kanja states in his notice of motion.
“That this honourable court be pleased to discharge, vacate and set aside the ex parte conservatory orders issued on November 10, 2025,” the IG added.
The police boss argues that there has been no recruitment of police officers for the past three years, and as a result of natural attrition, there is a shortage of police officers in the country.
“Due to the shortage of the police officers as a result of lack of recruitment of police officers for the past three years and natural attrition, there has been a rise of security challenges in the country,” IG states in his notice of motion.
Notably, the IG states that there is also a need to increase the number of police officers, noting the impending general election that is scheduled for August 2027, and elections in the country come with heavy security challenges, which require adequate police officers to manage.
Halting the process
The High Court halted the police recruitment after activist Matindi filed a petition arguing that the IG has no constitutional powers to recruit police officers into the National Police Service (NPS), stating that it is the mandate of the National Police Service Commission (NPSC) to recruit the officers.
“It is the petitioners’ case that the 1st respondent (IG) does not have any constitutional or statutory authority to recruit police constables into NPS. The function has constitutionally been delegated to the 2nd respondent (NPSC),” Matindi states in his application.
The petitioner further stated that the recruitment exercise for police constables into NPS announced and planned by IG Kanja on behalf of NPS to take place on November 17, 2025, was unconstitutional, null and void.
Justice Bahati Mwamuye, on November 10, 2025, granted the petitioner the conservatory orders sought pending the hearing and determination of the application.
“Pending the hearing and determination of the petitioner’s notice of motion application dated November 6, 2025, a conservatory order be and is hereby issued suspending the notice of recruitment of police officers issued on November 4, 2025, by the first respondent (IG),” Justice Mwamuye ordered.
“Pending the inter partes hearing and determination of the petitioner’s notice of motion application, a conservatory is hereby issued staying the operation, application, implementation and further operations, application and implementation of the notice of recruitment of police constables issued on November 4, 2025, by the first respondent (IG),” Justice Mwamuye ordered.
