High Court suspends recruitment of police constables again
High Court suspends recruitment of police constables again
The High Court has issued a conservatory order suspending the recruitment of constables to the National Police Service (NPS).
Justice Bahati Mwamuye issued the order on Monday, November 10, following a petition filed by Eliud Matindi challenging the recruitment.
“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,” read the order in part.
Justice Mwamuye directed the petitioner to serve the respondents and interested parties with the application, petition, and court order immediately and to file an affidavit by close of business on Wednesday, November 12, 2025.
The respondents and interested parties are required to enter appearance and file and serve their respective responses by Tuesday, November 11, 2025.
The case will be mentioned on January 22, 2026, to confirm compliance and to take directions on the expedited hearing and determination.
NPS on Tuesday, November 4, announced that the fresh recruitment of police constables will be conducted on Monday, November 17, 2025, at designated centers from 8:00 am.
“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 stated.
This is the second time the high court has issued an order suspending the recruitment of police constables.
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On October 2, the Employment and Labour Relations Court (ELRC) suspended the nationwide police recruitment drive following a petition filed by former Member of Parliament Harun Mwau.
In the petition, Mwau argued that the Constitution vests independent command of NPS and provides that no person may give direction to the Police IG regarding the employment, assignment, promotion, suspension, or even the dismissal of any member of the service.
Justice Hellen Wasilwa, on Thursday, October 30, nullified the recruitment advertised by NPSC, declaring the process unconstitutional.
She ruled that NPSC has no power to recruit, train, employ, assign, promote, suspend, or dismiss members of NPS.
Justice Wasilwa noted that the NPSC is not a security organ and therefore lacks the legal mandate to perform recruitment functions reserved for the NPS.
She also pointed out that the NPSC’s functions cannot override or usurp the roles constitutionally reserved for the Inspector General.
“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,” Justice Wasilwa ruled.
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