Sheria Mtaani na Shadrack Wambui has moved to court seeking orders restraining the National Police Service and the Inspector General of Police from recruiting 10,000 police officers as recently announced.
The lobby group wants the said orders issued pending the hearing and determination of a petition challenging the IG’s control of the police payroll.
“Pending the hearing and determination of the petition, a conservatory order be issued restraining the respondents, whether by themselves, their officers, servants, agents, or any person acting under its authority, from proceeding with or in any way conducting the recruitment of police officers as recently announced,” reads the notice of motion.
Through lawyer Danstan Omari, the lobby group told the court that on 12th August, 2025, they lodged an application and petition raising weighty constitutional questions on the delineation of powers under Articles 245 and 246 of the Constitution in respect of control and management of the payroll of the National Police Service.
The petitioner seeks interpretation of the Honourable Court on whether the afore stated role is an operations role designated to the Inspector General of Police or human resource management role designated to the Inspector General of Police.
Omari states that the court issued directions on 13th August 2025 directing that the petition be served within 3 days and responses be filed within 7 days of services.
“Despite service being effected on 14 the August 2025, the respondents and interested parties are yet to file any responses in opposition to the application and as such it remains unopposed,” Omari added.
Consequently, the IG and NPS have announced plans to commence with recruitment of ten thousand (10,000) police officers in the coming weeks.
“The recruitment of police officers is directly tied to payroll management, as recruits must be placed on the payroll for payment of salaries, allowances, and benefits, all of which are at the centre of the dispute before the court,” the lawyer added.
According to affidavit by Sheria Mtaani founder Shadrack Wambui, payroll administration is the primary instrument by which human resource decisions including recruitment, promotions, transfers, suspensions, interdiction, and disciplinary outcomes are implemented and reflected in the service, and any change to its custody or management has far-reaching implications.
The lobby group argues that if the 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 1st interested party, (National Police Service Commission) in recruitment and payroll administration if the court finds in its favour.
The process will also render the petition and application dated 11th August 2024 nugatory as the disputed process will have already been implemented and embedded in the system.
“The conservatory orders sought are intended to preserve the subject matter of this petition, maintain institutional stability, preserve public confidence in the nation security apparatus and ensure that any final judgment of this Honourable Court is not rendered nugatory,” Omari said.
