High Court stops police hiring, again!

By Newsflash Writer

The High Court on Monday, November 10, suspended the planned recruitment of police constables after a public interest petition challenged its legality, casting fresh doubt on adherence to constitutional mandates within the security sector.

Justice Jairus Ngaah issued conservatory orders stopping the recruitment drive initiated by Inspector-General of Police Douglas Kanja, citing possible constitutional violations and overreach of authority by the National Police Service.

Petitioner Eliud Matindi argued that the power to recruit police officers lies exclusively with the National Police Service Commission (NPSC). The dispute stems from conflicting advertisements issued by the NPSC and Mr Kanja concerning the hiring of 10,000 police constables.

On September 19, the NPSC announced plans to carry out the recruitment between October 3 and 9. However, the exercise was suspended on October 2 after a petition was filed at the Employment and Labour Relations Court challenging the process. The Labour Court later ruled in favour of the IG, nullifying the NPSC advertisement.

Following the ruling, Mr Kanja issued a fresh notice on November 4, setting the recruitment for November 17 and citing Articles 238, 243, 244, and 245 of the Constitution as his legal basis. He argued that these provisions granted him authority over police staffing.

However, Mr Matindi, a public interest litigant, swiftly moved to the High Court, accusing Mr Kanja of usurping the NPSC’s constitutional role. The petitioner maintained that under Article 246 of the Constitution, the commission—an independent body—holds exclusive authority to recruit and appoint police officers.

He further argued that the IG’s move violated the Constitution since no provision allows him to exercise recruitment powers unless expressly delegated by the NPSC. “In the absence of any delegation under Section 10(2) of the National Police Service Commission Act, only the NPSC has the constitutional and statutory authority to undertake recruitment of police constables,” said Mr Matindi.

Thousands of recruits left in limbo

The petitioner warned that allowing the IG to proceed would undermine the rule of law and the separation of powers. The suit lists Mr Kanja, the NPSC, the Attorney-General, the National Police Service, and Katiba Institute as respondents. It seeks declarations that the IG’s actions are unconstitutional, null, and void.

The court’s interim orders bar the IG, the NPSC, the AG, and all affiliated agencies from proceeding with the recruitment until the case is heard and determined. This effectively freezes the notice published on November 4, which sought to fill 10,000 positions across 422 centres nationwide.

The court directed Mr Matindi to serve all respondents with the petition by November 12, giving them until December 11 to respond. The case will be mentioned on January 22, 2026, for further directions.

The suspension leaves thousands of aspiring police officers in limbo as the constitutional standoff plays out, highlighting the Judiciary’s critical role in checking executive excesses.

During the hearing, the NPSC is expected to clarify whether it authorised the IG’s recruitment drive or if it was an outright overreach. The Attorney-General’s response will also be key, given her duty to uphold the rule of law.

The High Court’s final verdict is expected to set a major precedent, potentially redefining the balance of power between the Inspector-General’s office and the NPSC in future police recruitment exercises.