High Court Suspends Police Recruitment Again

The High Court has temporarily halted the ongoing recruitment of constables into the National Police Service (NPS) after issuing a conservatory order.

Justice Bahati Mwamuye delivered the ruling on Monday, November 10, in response to a petition filed by Eliud Matindi contesting the recruitment exercise.

“Pending the inter partes hearing and determination of the Petitioner/Applicant’s Notice of Motion Application dated 06/11/2025, a conservatory order be and is hereby issued suspending the Notice of Recruitment of Police Constables/Officers issued on 04/11/2025 by the 1st Respondent,” the order stated in part.

The judge instructed the petitioner to serve the respondents and interested parties with the petition, application, and court order without delay and to submit an affidavit by the end of business on Wednesday, November 12, 2025.

A photo of the Milimani Law Courts in Nairobi. /FILE

Justice Mwamuye further directed the respondents and interested parties to enter an appearance and file their responses by Tuesday, November 11, 2025.

The court has scheduled the case for mention on January 22, 2026, to verify compliance and issue directions on the fast-tracked hearing and determination.

Earlier, on Tuesday, November 4, the National Police Service (NPS) had announced plans to conduct a fresh recruitment exercise for police constables on Monday, November 17, 2025, at designated venues starting from 8:00 a.m.

“The recruitment process will take place on Monday, 17th November 2025, from 8:00 a.m. to 5:00 p.m. in all designated recruitment centers countrywide. All applicants must be at their respective recruitment Centres by 8:00 a.m.,” NPS said in a statement.

This marks the second instance in which the High Court has suspended a police recruitment exercise. On October 2, the Employment and Labour Relations Court (ELRC) halted a similar nationwide recruitment following a petition by former MP Harun Mwau.

In his filing, Mwau contended that the Constitution grants the National Police Service independent command, meaning no one can direct the Inspector General on matters of employment, assignment, promotion, suspension, or dismissal of officers.

Subsequently, Justice Hellen Wasilwa, on Thursday, October 30, declared the recruitment advertised by the National Police Service Commission (NPSC) unconstitutional.

She ruled that the NPSC lacks authority to “recruit, train, employ, assign, promote, suspend, or dismiss members of the National Police Service.”

Justice Wasilwa emphasized that the NPSC is not a security organ and, therefore, does not have the legal mandate to handle recruitment duties assigned to the NPS.

“The Commission is not a national security organ under Article 239(1) of the Constitution. Its role is limited to policy, oversight, and disciplinary control, not recruitment or deployment,” she stated.

According to the National Police Service (NPS), applicants must be Kenyan citizens aged between 18 and 28 years, possess a valid national ID, and have at least a D+ in KCSE, including a minimum D+ in English or Kiswahili.

Candidates are expected to report to their designated centres by 8 a.m. on the recruitment day, carrying original and photocopies of their academic certificates, national IDs, birth certificates, and, where applicable, National Youth Service discharge certificates rated at least “GOOD” in conduct.