REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
CONSTITUTIONAL PETITION NO. E317 OF 2026
BETWEEN
SHERIA MTAANI NA SHADRACK WAMBUI.…………...…. PETITIONER
VERSUS
THE INSPECTOR GENERAL OF POLICE,
NATIONAL POLICE SERVICE. ………………………... 1 ST RESPONDENT
THE OFFICIAL SPOKESMAN FOR
THE NATIONAL POLICE SERVICE. …………..……… 2 ND RESPONDENT
THE DEPUTY INSPECTOR GENERAL OF POLICE,
THE NATIONAL POLICE SERVICE. ………………….. 3 RD RESPONDENT
THE COMMANDER OF THE NATIONAL POLICE COLLEGE
MAIN CAMPUS KIGANJO ………………………..……...4 TH RESPONDENT
AND
THE CABINET SECRETARY FOR INTERIOR AND
NATIONAL ADMINISTRATION. ……………….1 ST INTERESTED PARTY
THE ATTORNEY GENERAL…………………... 2 ND INTERESTED PARTY
R U L I N G
1. I have heard the petitioners’ application for interim conservatory orders in terms of the prayer No. 2 of the Notice of Motion dated 19 th May, 2026.
2. I have also heard the Respondents’ counsel’s objections on account that they have filed a preliminary objection challenging jurisdiction of this court for reasons that the petitioner alleges violation of the right to be heard and to Fair Labour Practices.
3. This pleading of the right to be heard and to Fair Labour Practices can be found at paragraph (f) of the grounds in support of the petitioner’s application dated 19 th May, 2026.
4. Additionally, there are allegations that the 18 female recruits who were expelled from the training were expectant. The question of whether pregnant or expectant female recruits should be re-admitted into raining, while they are expectant, to continue with such training is an arguable one.
5. This is so, considering the risks that would be associated with vigorous exercises undertaken by police recruits. None of the recruits has sworn a single affidavit to indicate whether, at an individual or personal level, besides these proceedings initiated on their behalf, they would, if and if, they are expectant, as alleged, they would withstand the rigorous exercises of police training without risking their own lives and the lives of the unborn fetuses.
6. Without any affidavit specifically denying that the expelled recruits, are expectant, this court will not risk issuing any order in the interim, cancelling the expulsion of the female recruits who are alleged to be pregnant and reinstating them into the training as recruited.
7. I, therefore decline to grant any interim conservatory orders and direct that the preliminary objection be heard first, to determine whether this court has jurisdiction.
8. The petitioner is at liberty to file a response to the preliminary objection which is clear on the face of it and this court will give a ruling on the same expeditiously.
9. The petitioner to file a response to the preliminary objection within 14 days of today.
10. Hearing of the preliminary objection shall be on 8 th July, 2026 by way of oral submissions.
Dated, Signed and Delivered virtually at Nairobi this 12 th Day of June, 2026
R E ABURILI
JUDGE
Constitutional Petition No. E317 of 2026 – Ruling Page 1 of 3
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
CONSTITUTIONAL PETITION NO. E317 OF 2026
BETWEEN
SHERIA MTAANI NA SHADRACK WAMBUI.…………...…. PETITIONER
VERSUS
THE INSPECTOR GENERAL OF POLICE,
NATIONAL POLICE SERVICE. ………………………... 1 ST RESPONDENT
THE OFFICIAL SPOKESMAN FOR
THE NATIONAL POLICE SERVICE. …………..……… 2 ND RESPONDENT
THE DEPUTY INSPECTOR GENERAL OF POLICE,
THE NATIONAL POLICE SERVICE. ………………….. 3 RD RESPONDENT
THE COMMANDER OF THE NATIONAL POLICE COLLEGE
MAIN CAMPUS KIGANJO ………………………..……...4 TH RESPONDENT
AND
THE CABINET SECRETARY FOR INTERIOR AND
NATIONAL ADMINISTRATION. ……………….1 ST INTERESTED PARTY
THE ATTORNEY GENERAL…………………... 2 ND INTERESTED PARTY
R U L I N G
1. I have heard the petitioners’ application for interim conservatory orders in terms of the prayer No. 2 of the Notice of Motion dated 19 th May, 2026.
2. I have also heard the Respondents’ counsel’s objections on account that they have filed a preliminary objection challenging jurisdiction of this court for reasons that the petitioner alleges violation of the right to be heard and to Fair Labour Practices.
3. This pleading of the right to be heard and to Fair Labour Practices can be found at paragraph (f) of the grounds in support of the petitioner’s application dated 19 th May, 2026.
4. Additionally, there are allegations that the 18 female recruits who were expelled from the training were expectant. The question of whether pregnant or expectant female recruits should be re-admitted into raining, while they are expectant, to continue with such training is an arguable one.
5. This is so, considering the risks that would be associated with vigorous exercises undertaken by police recruits. None of the recruits has sworn a single affidavit to indicate whether, at an individual or personal level, besides these proceedings initiated on their behalf, they would, if and if, they are expectant, as alleged, they would withstand the rigorous exercises of police training without risking their own lives and the lives of the unborn fetuses.
6. Without any affidavit specifically denying that the expelled recruits, are expectant, this court will not risk issuing any order in the interim, cancelling the expulsion of the female recruits who are alleged to be pregnant and reinstating them into the training as recruited.
7. I, therefore decline to grant any interim conservatory orders and direct that the preliminary objection be heard first, to determine whether this court has jurisdiction.
8. The petitioner is at liberty to file a response to the preliminary objection which is clear on the face of it and this court will give a ruling on the same expeditiously.
9. The petitioner to file a response to the preliminary objection within 14 days of today.
10. Hearing of the preliminary objection shall be on 8 th July, 2026 by way of oral submissions.
Dated, Signed and Delivered virtually at Nairobi this 12 th Day of June, 2026
R E ABURILI
JUDGE
Constitutional Petition No. E317 of 2026 – Ruling Page 1 of 3