Sheria Mtaani na Shadrack Wambui, a civil society organization, filed the constitutional petition at the Milimani High Court, challenging the Inspector General’s authority over payroll management in the National Police Service.

Through lawyer Danstan Omari, the group argues that payroll functions fall under the constitutional mandate of the National Police Service Commission (NPSC), not the office of the Inspector General (IG), which is limited to operational command.

“This petition is about constitutional accountability,” Omari told the court.

“The IG cannot be allowed to usurp human resource powers through payroll control. That function belongs to the Commission, as clearly provided under Article 246 of the Constitution.”

The petition, which has been certified as urgent, warns that allowing recruitment to proceed under a disputed payroll regime could entrench unconstitutional practices.

“Payroll is not just about salaries. It reflects promotions, transfers, suspensions, and disciplinary actions,” the petition states.

“Allowing the Inspector General to run it undermines transparency and removes civilian oversight.”

According to the lobby group, the timing of the recruitment makes the case especially critical.

They argue that once the 10,000 new recruits are entered into the payroll system, any ruling by the court may become ineffectual.

“If this court does not intervene now, the process will be irreversible,” said Omari. “You cannot recall appointments and payroll entries once they have been activated under an unlawful system.”

The respondents in the case include the Inspector General of Police, the National Police Service, and the Attorney General.

The National Police Service Commission and the Law Society of Kenya have been named as interested parties.

Court records show that all parties were served with the petition on August 14, 2025, but none had filed a response by the time of the court’s preliminary hearing.

“The silence from the respondents only deepens the urgency of this matter,” Omari submitted.

“We urge the court to issue conservatory orders stopping the recruitment pending full determination of this petition.”

The group wants the court to hear the matter during recess, warning that any delay could lead to “constitutional violations being cemented.”

The lobby insists that payroll is a core element of police human resource management and that placing it under the operational command of the IG would create a conflict of interest and weaken institutional checks and balances.

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Justice Chacha Mwita directed Lagat, the Attorney General Dorcas Oduor, and the National Police Service Commission (NPSC) to file their responses to the petition by July 23, 2025, after which the court will give further directions.

Matindi had requested interim orders to bar Lagat from performing any functions as DIG, citing Section 23 of the National Police Service Act.

He also sought similar orders against Lagat’s assistant, Patrick Tito, who was allegedly irregularly appointed as acting DIG through a delegation letter dated June 16, 2025.

Represented by lawyer Cecil Miller, Lagat asked for more time to respond before any injunctive relief could be issued.

The AG and NPSC also requested 14 days to file their responses.

Despite the Attorney General’s claim of not being served, Justice Mwita dismissed this, noting that substituted service had been effected through a newspaper advertisement published on July 4, 2025.

Matindi argued that Lagat’s “step aside” from office following the death of blogger Albert Ojwang’ in police custody was unconstitutional, pointing out no legal provision allows a DIG to self-step aside under Kenyan law.

He asserted a transparent recruitment process should have been initiated instead.

Highlighting the ongoing crisis in the Kenya Police Service, Matindi urged the court to act urgently to protect constitutional order and public interest.

Justice Mwita ordered all parties, including the Law Society of Kenya and Katiba Institute, to submit their responses within seven days.

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