The High Court temporarily suspended the implementation of an Executive Order that had placed the Independent Policing Oversight Authority (IPOA) under the Ministry of Interior and National Administration.
This followed a petition that argued that moving IPOA to a ministry that also oversees the National Police Service would erode its constitutional independence and compromise its ability to investigate police misconduct without external influence.
The court halted the executive order pending the hearing and determination of the constitutional petition.
President William Ruto’s Executive Order No. 2 of 2023, issued on November 1, 2023, placed the Independent Policing Oversight Authority (IPOA) under the Ministry of Interior and National Administration.
The decision sparked a constitutional challenge at the High Court, with petitioner Jonathan Obwogi seeking to block the transfer.
He contended that placing IPOA under a ministry that also oversees the National Police Service would erode the authority’s constitutional independence and undermine its ability to investigate allegations of police misconduct impartially and without interference.
Obwogi, backed by several civil society organisations that joined the case as interested parties, further argued that the Executive Order, already in effect, has been used to alter reporting structures and reorganise government administration in a way that places IPOA under the authority of the Ministry of Interior.
The petitioners contended that continued implementation of the order poses a significant threat to the agency’s constitutional independence and could compromise its ability to carry out its oversight mandate free from external influence.
On Tuesday, High Court judge Justice David Mburu issued conservatory orders suspending the implementation of the Executive Order, temporarily preserving the authority’s status as an independent civilian oversight body.
“A conservatory order is hereby issued staying, suspending and/or restraining the 1st and 2nd
Respondents, their agents, assigns, servants, or anyone acting under their direction or on their behalf, from implementing, enforcing, giving further effect to, or in any other way acting upon the provisions of Executive Order No. 2 of 2023 insofar as those provisions purport to place the Independent Policing Oversight Authority (3rd Respondent) under or within the Ministry of Interior and National Administration, pending the hearing and final determination of this Petition,” read the order.
The court maintained the legal and institutional position that existed before the order took effect, allowing the constitutional issues raised in the petition to be heard and determined without further prejudice.
As a result, the Ministry of Interior cannot, for the time being, rely on Executive Order No. 2 of 2023 to supervise, direct, administer, or exercise authority over IPOA while the case remains before the court.
The conservatory orders will remain in force until the constitutional petition is heard and determined. The matter is scheduled for mention on September 21, 2026.
IPOA was established through an Act of Parliament published in November 2011 to provide for civilian oversight over the work of the police in Kenya.
Article 244 of the constitution requires the police to strive for the highest levels of discipline and professionalism, promote and practice, transparency and accountability in execution of their duties. IPOA holds them accountable to this standard.
The inaugural Board was sworn into office in June 2012.
