By Andrew Kariuki and Peter John
The High Court in Nairobi has temporarily suspended the planned recruitment of 10,000 police constables by the National Police Service (NPS), pending the hearing and determination of a petition challenging the legality of the exercise.
In a ruling delivered on Monday, November 10, 2025, Justice Bahati Mwamuye of the Milimani High Court issued conservatory orders stopping the recruitment process announced on November 4, 2025, by Inspector General of Police Douglas Kanja.
“Pending the inter parties hearing and determination of the petitioner’s application, a conservatory order is hereby issued suspending the Notice of Recruitment of Police Constables/Officers issued on November 4, 2025,” Justice Mwamuye ordered.
The decision follows a constitutional petition filed by activist Eliud Matindi, who moved to court seeking to block the exercise, arguing that the recruitment notice and process contravene the Constitution and relevant laws governing public appointments.
The conservatory orders, which apply jointly to the State Law Office, the National Police Service Commission (NPSC), and all related entities or agencies, bar any recruitment, facilitation or implementation activities until the petition is fully heard and determined.
Justice Mwamuye further directed the petitioner to serve all respondents and interested parties with the petition, court application, and orders by November 12 and file an affidavit of service immediately thereafter. The respondents, including the State, were ordered to file their responses by December 11, 2025, with a mention scheduled for January 22, 2026, to confirm compliance and issue further directions on the hearing.
In addition, the court issued a penal notice, warning that any disobedience or non observance of the order will result in penal consequences to any person or authority violating the directive.
The order marks a fresh twist in the ongoing dispute over the management of police recruitment, coming barely two weeks after the Employment and Labour Relations Court (ELRC) ruled that the National Police Service Commission (NPSC) lacks constitutional authority to recruit police officers.
In her October 30 judgment, Justice Hellen Wasilwa held that the power to recruit, train, assign and discipline police officers rests solely with the National Police Service (NPS) under the Constitution. The ruling effectively transferred recruitment powers from the Commission to the Service.
Following the Labour Court’s decision, the NPS took over the recruitment process, announcing that the exercise would be conducted on November 17, 2025, across all sub-counties. The Service assured Kenyans that the process would be transparent and merit based, outlining eligibility requirements for applicants — including being a Kenyan citizen aged between 18 and 28, holding a valid national ID and having at least a KCSE mean grade of D+, with a D+ in English or Kiswahili.
Applicants were also required to be physically and medically fit, with a minimum height of 5’8” for men and 5’3” for women and female candidates not being pregnant at the time of recruitment or training.
The High Court’s suspension now places the highly anticipated recruitment exercise in limbo, pending a full hearing of Matindi’s petition, which challenges the procedure, legal basis and oversight of the ongoing police hiring process.
