The decision opens the way for the recruitment exercise scheduled to start next week Monday November 17, 2025.
Pleading with the court to suspend implementation of the interim orders, Mr Kanja cited critical shortage of police officers and looming security threats ahead of the 2027 elections.
“The conservatory orders issued on November 10, 2025 in this matter are stayed, and the obtaining status quo ante in place immediately before their issuance shall apply in the interim,” ordered the trial judge.
However, the petition filed by rights activist Eliud Matindi challenging the IG's authority to conduct the recruitment remains intact.
In his court filings, IG Kanja said that the recruitment freeze jeopardises national security.
He said the freeze would deny the National Police Service ample time to train recruits and deploy the officers to handle security of the country. He further informed the court that prolonged delays in recruitment could disrupt the 2027 election preparedness.
“Elections demand massive security deployment. Time is required to train the recruited police officers before they are deployed to handle security matters in the country,” Mr Kanja stated.
He warned of a critical officer shortage exacerbated by a three-year hiring hiatus, retirements, and resignations.
Police recruits perform a drill during a pass out parade in Kiganjo.
Photo credit: File | Nation
With Kenya’s 2027 General Election just 21 months away, he argued that further delays would leave the country vulnerable.
“Elections demand massive security deployment. Halting this process denies us the time needed to train and deploy officers,” Mr Kanja stated, noting that resources for the recruitment, including logistical plans, have already been mobilised.
He emphasised that the High Court’s suspension order, which was to remain in force until January 22, 2026, risked paralysing security operations amid rising crime rates.
IG Kanja accused Mr Matindi of withholding a pivotal Employment and Labour Relations Court ruling issued three weeks ago, which affirmed the IG’s authority over police recruitment under Article 245(4)(c).
That judgment stripped the National Police Service Commission (NPSC) of its role, declaring it lacked constitutional standing as a non-security organ.
“The petitioner deliberately failed to inform this court that the same dispute was conclusively determined,” read Mr Kanja’s application, filed under certificate of urgency at Milimani’s Constitutional Court.
He further contended that Mr Matindi’s petition is sub judice , given an ongoing appeal by the NPSC and Law Society of Kenya against the Labour Court’s verdict.
“The High Court lacks jurisdiction to issue conservatory orders while the appellate process is pending,” IG Kanja argued.
However, Mr Matindi maintains that recruitment falls exclusively under the NPSC’s mandate as per the Constitution and the National Police Service Commission Act.
His petition seeks to nullify IG Kanja’s November 4 recruitment advertisement, alleging it undermines the rule of law and governance standards. “The IG acted unlawfully without National Police Service Commission (NPSC) delegation,” Mr Matindi asserts.
The standoff underscores tensions between constitutional offices over administrative powers. While IG Kanja cites Article 245(4)(c) to assert his autonomy in police staffing, the NPSC insists on its oversight role.
The High Court’s handling of the case will test judicial balancing acts between constitutional mandates, procedural fairness, and urgent security needs.
Inspector General of Police Douglas Kanja when he presided over the commissioning of a borehole to support tree restoration at the GSU Embakasi 'B' Campus in Nairobi on July 23, 2025.
Photo credit: Bonface Bogita | Nation Media Group
Following the High Court ruling on Friday, IG Kanja said that the national police recruitment exercise will go ahead on Monday as earlier planned.
“We are happy about this development because the lifting of the order clears the way for prospective recruits to participate in the recruitment exercise as scheduled,” he said.
The recruitment has faced legal setbacks following a series of cases filed in court. In October, the Labour Relations court stopped the planned recruitment, ruling that the NPSC lacked the legal authority to preside over the exercise.
IG Kanja spoke to journalists at Kiamariga police station in Mathira West, Nyeri County.
He had visited the police station following a mysterious fire on Tuesday night in which an officer was injured and property, including an AK 47 rifle loaded with 30 rounds of ammunition, were destroyed. Mr Kanja said the cause of the fire is yet to be established and investigations are ongoing.
Meanwhile, the IG assured voters and political activists of their security during the upcoming by-elections in various areas.
This comes after several political players, including former deputy president Rigathi Gachagua, raised concerns about security with regards to the upcoming Mbeere North by-election.
“We have put in place adequate security mechanism and we shall not entertain any group or individual who plans to breach peace during the campaigns or during the election,” IG Kanja said.
