Justice Lawrence Mugambi directed that the application be heard after all parties appeared before the court. The recruitment exercise is scheduled to take place on Friday.
The case was filed as Constitutional Petition No. E503 of 2025 before the Constitutional and Human Rights Division of the High Court.
Petitioners seek suspension of recruitment
Lawyers Shadrack Wambui, Danstan Omari, and Cliff Ombeta, representing Sheria Mtaani, urged the court to stop the recruitment exercise until the constitutional issues raised in the petition are determined.
The lawyers argued that allowing the process to proceed before resolving the concerns could undermine the petitioners’ case.
“We will prove to the court that we have a prima facie case,” Wambui told the court.
The petitioners are seeking conservatory orders that would temporarily suspend the recruitment exercise pending the hearing and determination of the case.
National Police Service Commission opposes halt
Lawyer Paul Nyamodi, representing the National Police Service Commission, opposed the request for an interim suspension.
He argued that the application should be heard fully since the court had not issued any conservatory orders stopping the recruitment.
“The proper direction is to hear it now,” Nyamodi submitted.
Justice Mugambi directed the parties to exchange their submissions before the hearing scheduled for 10 a.m. tomorrow.
State opposes challenge to police payroll control
Separately, the Attorney General has opposed another aspect of the petition seeking to remove Inspector General of Police Douglas Kanja’s control over payroll matters.
In court documents, the State described the petition as speculative and lacking sufficient evidence.
The Attorney General argued that Article 245 of the Constitution grants the Inspector General independent command over the National Police Service, including administrative responsibilities such as payroll management.
AG defends Inspector General’s powers
The State argued that payroll responsibilities are connected to key police functions, including promotions, transfers, and disciplinary processes.
According to the Attorney General, removing payroll control from the Inspector General would interfere with the command structure of the police service.
The State maintained that the National Police Service Commission’s constitutional role under Article 246 focuses on recruitment, appointments, and disciplinary control.
Court to determine next steps
The High Court will now consider whether the petitioners have established sufficient grounds to suspend the recruitment process.
The decision will determine whether the police recruitment exercise proceeds as planned or whether further court directions will be issued.
