The High Court has suspended the implementation of an Executive Order that placed the Independent Policing Oversight Authority (IPOA) under the Ministry of Interior. The suspension runs until the court hears and rules on a constitutional petition challenging the decision.
In a conservatory order, the court halted implementation of Executive Order No. 2 of 2023, which appeared on November 1, 2023. The court said it issued the interim relief after IPOA did not oppose the application.
“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,” the court ruled.
Jonathan Obwogi, who brought the case, argued that moving IPOA under the Interior Ministry threatens the agency’s constitutional and statutory independence.
Obwogi named the Attorney General, the Cabinet Secretary for Interior, and the IPOA as respondents in the petition.
The petitioner argues that placing IPOA, a civilian police oversight body, under the same ministry that also provides policy oversight for the National Police Service (NPS) creates an irreconcilable conflict of interest.
He said the arrangement effectively puts “the watchdog in the kennel of those it must watch.” In his submissions, he added that the oversight body ends up accountable, in practice, to the authority it must monitor and hold to account.
Obwogi said the petition raises core constitutional questions about the independence of civilian oversight of the police. He argued that the IPOA Act establishes the agency as an independent corporate body with perpetual succession and sets out its mandate to hold the police accountable to the public. He said the law also requires IPOA to promote professionalism, discipline, transparency, and accountability within the NPS while handling complaints against police officers independently.
Obwogi said IPOA’s role includes investigating deaths, serious injuries, and misconduct linked to police action. He added that the same ministry now supervising IPOA also exercises policy oversight over the National Police Service.
He further argued that the Executive Order creates a structural conflict of interest, which, he said, compromises the conditions under which IPOA carries out ongoing investigations.
The petitioner maintains that the IPOA Act does not empower the President or any other individual to place IPOA under a government ministry or change its reporting structure through an Executive Order.
He argued that “No provision of the IPOA Act authorises any person, including the President, to place IPOA under a Ministry, alter its reporting lines, or otherwise subject it to administrative oversight by the Executive.”
Obwogi also pointed to Section 4 of the IPOA Act, which states that IPOA must not come under the direction or control of any person, office, or authority. He said the provision also bars interference with the authority’s decision-making, functions, or operations.
Based on that, he said the Executive Order is unconstitutional because it attempts to reorganise an institution whose independence, he argued, the Constitution and the statute protect.
“As per the above provisions of law, IPOA should not be amenable to reorganisation by Executive Order and its placement under the Ministry of Interior in the impugned Executive Order is accordingly ultra vires the Constitution,” he stated.
The court ordered that the matter be mentioned on September 21 for further directions.
The post IPOA Independence in Question as Court Halts Interior Ministry Order appeared first on Bossnana.
