The High Court has temporarily stopped the implementation of an Executive Order that placed the Independent Policing Oversight Authority (IPOA) under the Ministry of Interior and National Administration, pending the hearing of a constitutional case challenging the move.
The ruling followed a petition arguing that placing the police watchdog under the same ministry responsible for the National Police Service could weaken its independence and affect its ability to investigate complaints against police officers without outside influence.
The dispute centres on Executive Order No. 2 of 2023, signed by President William Ruto on November 1, 2023, which reorganised several government agencies, including assigning IPOA to the Interior Ministry.
The case was filed by Obwogi Jonathan, who maintains that the decision threatens the constitutional status of the oversight body.
Supported by a number of civil society organisations that joined the proceedings as interested parties, the petitioner argues that the Executive Order has already changed reporting structures and government administration in a manner that places IPOA under the control of the Interior Ministry.
According to the petitioners, allowing the directive to remain in force while the case is pending could interfere with the authority’s ability to independently investigate allegations of police misconduct and discharge its oversight responsibilities without undue influence.
In its ruling, the High Court issued conservatory orders suspending the implementation of the Executive Order, effectively restoring the position that existed before the directive took effect.
The court, however, did not rule on whether the order is constitutional, saying that question will be determined after the full hearing of the petition.
The orders mean the Ministry of Interior cannot, for now, supervise, administer or exercise authority over IPOA based on Executive Order No. 2 of 2023 while the legal challenge remains before the court.
The conservatory orders will remain in place until the constitutional petition is heard and determined.
The matter is scheduled for mention on September 21, 2026, when the court is expected to give further directions on the case.
