By Andrew Kariuki and Peter John
Eliud Karanja Matindi, a Nairobi based activist, has filed a constitutional petition seeking to stop the ongoing police recruitment exercise, arguing that it violates the Constitution and usurps the powers of the National Police Service Commission (NPSC).
In his petition filed at the Milimani High Court, Matindi contends that the Inspector General of Police, Douglas Kanja, acted unlawfully by issuing the recruitment notice dated November 4, 2025 and directing that 10,000 police constables be enlisted under his office’s supervision.
He argues that under Article 246 of the Constitution, the NPSC is the only body legally mandated to recruit, appoint, and promote police officers. According to the petitioner, the Inspector-General’s move amounts to “an unconstitutional takeover” of the Commission’s functions.
Matindi also claimed that the recruitment notice failed to meet the transparency and accountability standards set under the law, noting that the decision was made without proper public participation or consultation with relevant oversight bodies.
In his court papers, Matindi has named the Inspector-General of Police, the NPSC, the Attorney General and the National Assembly as respondents. He is seeking declarations that the IG acted ultra vires, that the recruitment is unconstitutional and that any ongoing or future exercise under the current directive be declared null and void.
The activist further wants the court to issue permanent orders restraining the Inspector-General and his agents from conducting any police recruitment unless sanctioned by the NPSC.
Following the petition, Justice Bahati Mwamuye issued temporary conservatory orders suspending the recruitment exercise pending full hearing of the case. The court also directed that all respondents be served with the application by November 12, warning that any disobedience would attract legal penalties.
The petition adds a new dimension to the ongoing institutional standoff between the NPSC and the National Police Service over who holds ultimate authority to recruit police officers, a dispute that has raised significant legal and governance questions within Kenya’s security sector.
