High Court stops Ruto order placing IPOA under Interior Ministry
In issuing conservatory orders, the court preserved IPOA's status as an independent oversight body, effectively maintaining the legal position that existed before the Executive Order took effect until the constitutional questions raised in the case are fully determined.
The High Court has suspended the implementation of President William Ruto’s Executive Order that placed the Independent Policing Oversight Authority (IPOA) under the Ministry of Interior and National Administration, pending the hearing and determination of a constitutional petition challenging the move.
In issuing conservatory orders, the court preserved IPOA’s status as an independent oversight body, effectively maintaining the legal position that existed before the Executive Order took effect until the constitutional questions raised in the case are fully determined.
The petition was filed by Obwogi Jonathan, who argues that placing IPOA under the same ministry responsible for overseeing the National Police Service compromises the authority’s constitutional independence and its ability to investigate police misconduct impartially.
According to the petition, Executive Order No. 2 of 2023, issued on November 1, 2023, has already altered government reporting structures by placing IPOA under the authority of the Ministry of Interior and National Administration.
The petitioner, backed by several civil society organisations that joined the proceedings as interested parties, contends that the continued implementation of the Executive Order threatens IPOA’s autonomy and undermines its constitutional mandate to independently oversee police conduct.
In granting the conservatory orders, the High Court did not make a final determination on the constitutionality of the Executive Order. Instead, it ruled that preserving the status quo was necessary to ensure the issues raised in the petition are heard and determined without prejudice.
The orders temporarily bar the Ministry of Interior from relying on the Executive Order to supervise, administer, direct or otherwise 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 case is scheduled for mention on September 21, 2026, when the court will issue further directions on the hearing of the petition.
