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High Court halts nationwide police recruitment pending petition over legality of NPS recruitment process

The High Court has temporarily stopped the planned recruitment of 10,000 police constables by the National Police Service (NPS), pending the determination of a petition challenging the legality of the process.

Justice Bahati Mwamuye, sitting at the Milimani Law Courts, issued the conservatory orders on Monday, November 10, suspending the recruitment notice released by Inspector General of Police Douglas Kanja on November 4.

“Pending the inter partes hearing and determination of the petitioner’s application, a conservatory order is hereby issued suspending the Notice of Recruitment of Police Constables/Officers,” Justice Mwamuye ruled.

The petition was filed by activist Eliud Matindi, who argues that the recruitment process violates constitutional provisions on transparency and fairness.

Following the ruling, no recruitment, facilitation, or related activity shall proceed until the case is heard and determined. The orders apply to all state bodies and agencies involved in the process.

The judge also directed the petitioner to serve all respondents and interested parties by November 12, warning that any defiance of the order would attract legal consequences.

This latest ruling marks a major setback to the recruitment exercise, which was set to begin on November 17 across all sub-counties. It also follows a previous Employment and Labour Relations Court decision declaring that only the National Police Service, not the National Police Service Commission (NPSC), has the constitutional authority to recruit police officers.

The NPS had assured the public that the recruitment would be free, fair, and transparent, setting eligibility criteria that included a minimum KCSE grade of D+, Kenyan citizenship, and physical fitness requirements.

The court is expected to hear the petition in the coming days.

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