The High Court has temporarily preserved the Independent Policing Oversight Authority’s (IPOA) independence after suspending the implementation of President William Ruto’s Executive Order placing the civilian police watchdog under the Ministry of Interior and National Administration, pending the hearing of a constitutional petition.
The conservatory orders mean the Ministry of Interior cannot, for now, supervise, administer or exercise authority over IPOA under Executive Order No. 2 of 2023, maintaining the authority’s position as an independent civilian oversight body while the case is determined.
The petition was filed by Obwogi Jonathan, who argues that transferring IPOA to the same ministry responsible for the National Police Service undermines the authority’s constitutional independence and compromises its ability to investigate allegations of police misconduct without external influence. According to the petition, the Executive Order has already been used to alter government reporting structures by placing IPOA under the Interior Ministry, threatening the agency’s impartiality and oversight role.
In granting the conservatory orders, the court held that the status quo should be maintained until the constitutional questions raised in the petition are fully heard and determined.
“The implementation of Executive Order No. 2 of 2023, insofar as it places the IPOA under the Ministry of Interior and National Administration, is hereby suspended pending the hearing and determination of the petition,” the court ordered.
The judge clarified that the ruling does not determine the constitutionality of the Executive Order but is intended to safeguard IPOA’s independence while the legal challenge proceeds.
The petitioner argued that allowing the Executive Order to remain in force before the case is concluded could irreparably undermine IPOA’s constitutional mandate.
“Continued implementation of the Executive Order poses a real threat to the constitutional independence of IPOA and its ability to discharge its oversight mandate free from external influence,” the petition states.
President Ruto issued Executive Order No. 2 of 2023 on November 1, 2023, reorganising government functions, including placing IPOA under the Ministry of Interior and National Administration. The High Court’s orders suspend that aspect of the Executive Order until the constitutional petition is heard and determined. The matter will be mentioned on September 21, 2026, for further directions.
