A Nairobi-based public interest group has filed a petition in court seeking to block the planned recruitment of 10,000 police officers.
The application, submitted on September 9, 2025, by Sheria Mtaani and lawyer Shadrack Wambui, seeks conservatory orders to stop the Inspector General of Police (IG) Douglas Kanja and the National Police Service (NPS) from proceeding with the exercise.
According to the group, the recruitment cannot go ahead while a constitutional dispute over payroll management remains unresolved.
The matter stems from a petition filed on August 11, 2025, which questions whether the custody and administration of the police payroll fall under the operational duties of the IG or if it is a human resource management function.
Petition Seeks to Block Recruitment of 10,000 Police Officers
The petitioners argue that payroll management is an exclusive function of the National Police Service Commission (NPSC) under Article 246(3) of the Constitution.
“Any change to its custody or management has far-reaching implications,” the court papers state.
The petition warns that proceeding with the recruitment before resolving the payroll issue would undermine the judicial process.
“If recruitment proceeds before this question is determined, payroll entries for the 10,000 recruits will be made under an authority whose constitutional mandate is in dispute, thereby prejudicing the role of the Commission,” the petition read.
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The group cautions that this could render the petition meaningless if the court ultimately rules in their favor.
The petitioners maintain that payroll administration is the “primary instrument” for implementing human resource decisions, including recruitment, promotions, transfers, suspensions, and disciplinary actions.
They further argue that any uncertainty over control of the payroll could have wide-ranging effects on the functioning and stability of the police service.
They contend that the conservatory orders are necessary to preserve the subject matter of the petition, safeguard institutional stability, and maintain public confidence in the country’s security agencies.
“It is in the interest of justice that this matter be certified urgent, heard on a priority basis, and conservatory orders issued as prayed to prevent constitutional infringement,” the application states.
NPSC Warns Budget Misallocation Undermines Police Recruitment, Clarifies Roles of NPS
The filing comes amid confusion over the recruitment exercise, with the NPSC and the NPS at odds over who should oversee the process.
The dispute emerged after it was revealed that recruitment funds had been placed under the NPS rather than the commission, which the Constitution recognizes as the official employer.
Speaking on Tuesday before the National Assembly’s Administration and National Security Committee, NPSC chief executive officer Peter Leley said the commission had requested Ksh379 million for recurrent expenses in the 2025/26 financial year, but only Ksh75 million was allocated.
“Notably, the budget for recruitment was directly allocated to the National Police Service, a position confirmed by the National Treasury in a letter dated June 10, 2025,” Leley told legislators.
“This budgetary shortfall and misallocation severely undermine the commission’s ability to independently and effectively discharge its recruitment mandate.”
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Leley emphasized that the Constitution clearly delineates the roles of the two agencies.
“Article 246(3)(a) of the Constitution mandates the commission to recruit and appoint personnel into the National Police Service,” he said.
“This mandate covers the entire process: advertising vacancies, shortlisting candidates, conducting background checks, appointing recruitment panels, accrediting independent observers, publishing successful candidates, and submitting a comprehensive recruitment report to the President and Parliament.”
He clarified that the police service’s responsibilities begin only after the recruitment process is complete.
“The service’s duties commence after the commission has carried out recruitment. These include training, kitting, equipping, and preparing officers for deployment,” Leley stated.
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