A petition has been filed in court seeking to stop the planned recruitment of 10,000 new police officers until a dispute over who should control the payroll of the National Police Service (NPS) is resolved.
The petitioners are asking the High Court to issue a conservatory order restraining the Inspector General of Police and the NPS from going ahead with the exercise. They argue that the recruitment cannot proceed while there is an unresolved constitutional matter touching on the management of the police payroll.
The matter, already pending before the court, was lodged in August 2025 and raises questions about the interpretation of Articles 245 and 246 of the Constitution. Specifically, the petitioners want clarity on whether payroll management falls under the operational mandate of the Inspector General of Police or the human resource management mandate of the National Police Service Commission.
In their application, they argue that allowing recruitment before the dispute is settled risks creating payroll entries for the new officers under an authority whose constitutional role remains in question. This, they say, could entrench contested practices and undermine any future rulings by the court.
The government recently confirmed plans to recruit 10,000 police constables this year in one of the largest exercises in recent times. However, the petitioners insist that recruitment and payroll management are directly linked, since new officers must be placed on the payroll for payment of salaries, allowances, and benefits. They maintain that proceeding with the recruitment would prejudice the role of the NPSC in recruitment and payroll administration if the court ultimately rules in its favour.
The petition also notes that despite the court issuing directions in the earlier matter, the respondents and interested parties have yet to file any responses in opposition, leaving the application unopposed. This, the petitioners argue, makes it even more critical to pause the recruitment until the constitutional issues are conclusively addressed.
The case highlights the long-standing tensions between the Inspector General of Police and the National Police Service Commission regarding control over recruitment and payroll functions. The outcome of the petition could have far-reaching implications for the structure and management of the police service in Kenya.
