The High Court has issued temporary orders stopping the planned police recruitment exercise following a petition filed by activist Eliud Matindi.
Justice Bahati Mwamuye granted conservatory orders suspending the Notice of Recruitment of Police Constables/Officers issued on November 4, 2025, pending the hearing and determination of Matindi’s application dated November 6, 2025.
“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 part of the order.
The court also stayed the operation, application, and implementation of the said recruitment notice, directing that the orders apply jointly and severally to the respondents, the interested party, and all their employees, agents, or related entities.
“Order 1 and Order 2 apply to the Respondents and the 1st Interested Party, jointly and severally, and to their employees, servants, agents, related entities, and any person, body, or authority operating with them under any multi-agency framework; and includes all facilitative or support functions or services with respect to the impugned Police Recruitment,” the ruling stated.
The court further directed the petitioner to serve the respondents and interested parties with the petition and court order by November 12, 2025,and file an affidavit of service. The respondents have until December 11, 2025,to file their responses, while the petitioner may file a rejoinder by January 9, 2026.
In his petition, activist Eliud Matindi argues that the National Police Service Commission (NPSC)is the only body constitutionally mandated to recruit police officers under Article 246(3)(a)of the Constitution.
He notes that in a statement dated September 5, 2025, the NPSC announced plans to recruit 10,000 police constables, a decision made at a meeting attended by the Inspector General of Police (the 1st Respondent), who is also a member of the NPSC.
Matindi claims that the recruitment was initially advertised on September 19, 2025,and was to take place from October 3 to 9, 2025,across 416 centers nationwide. However, the exercise was suspended following an order by the Employment and Labour Relations Court in Petition No. E196 of 2025 Harun Mwau v. Inspector General of Police & Others.
Despite that suspension, the 1st Respondent allegedly issued a fresh advertisement on November 4, 2025, scheduling a new recruitment for November 17, 2025, at 422 centers across the country.
Matindi contends that the Inspector General has no constitutional or statutory authority to conduct such a recruitment exercise and that no delegation of powers from the NPSC was made under Section 10(2)of the National Police Service Commission Act.
“In the absence of any delegation by NPSC to the 1st Respondent to carry out such recruitment, only the NPSC has the constitutional and statutory authority to undertake the process,” the petitioner argues.
He maintains that the planned recruitment by the 1st Respondent is unconstitutional, null, and void, and urges the court to intervene to protect the Constitution, the rule of law, and public resources.
Matindi adds that without the court’s intervention, there is a significant risk to public finances and to individuals who may take part in the unlawful exercise.
He further argues that issuing the temporary orders will not prejudice the respondents but will instead advance the cause of justice.
