A legal battle over the scheduled police recruitment exercise is set for a critical hearing on Tuesday, after the High Court in Nairobi directed parties to prepare their submissions without delay.
The case, lodged by the lobby group Sheria Mtaani, seeks to halt the nationwide intake of new officers planned for Friday, with petitioners claiming that the process raises constitutional disputes about the authority of the Inspector-General of Police (IGP) and the National Police Service Commission (NPSC).
Appearing before Justice Lawrence Mugambi at the Milimani Law Courts on Monday, lawyers Shadrack Wambui, Danstan Omari, and Cliff Ombeta urged the court to freeze the exercise until their petition is fully argued. They maintained that unless the recruitment is stopped, it risks proceeding under what they described as a flawed legal arrangement that diminishes constitutional safeguards.
“We are ready to demonstrate that our petition discloses a serious case that deserves protection from this court,” Wambui told the bench, pressing for conservatory orders to safeguard the public interest.
The state, represented by the Attorney General, opposed the request.
The AG’s office argued that the applicants had failed to meet the threshold for interim relief and warned that suspending the exercise would interfere with the independence of the Inspector-General, disrupt the chain of command, and derail lawful police operations.
Court documents filed by the AG cited Article 245 of the Constitution, which grants the IGP autonomous command over the police, while restricting the Commission from dictating employment, promotions, or disciplinary measures.
Payroll oversight, the AG added, is an administrative responsibility of the IGP, not a constitutional function of the NPSC, and any attempt to alter that balance would erode the separation of powers.
Counsel Paul Nyamodi, representing the NPSC, also called for an expedited hearing.
“The petitioners are seeking conservatory orders, and the only proper course is to address their application immediately,” he told the court, confirming the Commission’s readiness to respond.
At the close of the brief session, Justice Mugambi ordered all parties to exchange written submissions by Monday evening and directed them to reconvene at 10 a.m. on Tuesday.
The court’s decision will determine whether the mass recruitment of police recruits, expected to add thousands of new officers to the ranks, proceeds as scheduled or is suspended until the constitutional questions are settled.
