The National Gender and Equality Commission has taken note of recent reports concerning the discontinuation of police recruits from training at the National Police Service training college in Kiganjo, including among others, cases of forged academic documents, criminal records, disciplinary matters, health concerns, and pregnancy-related discontinuations. 

The Commission has also taken note of the clarification issued by the National Police Service explaining that the affected female recruits were found to have been pregnant prior to reporting to the training college and not as a result of any misconduct within the institution. The Commission further acknowledges the explanation provided by the Service regarding the physically intensive nature of police training and the safety concerns associated with undertaking such training during pregnancy.

The Commission is aware of the broader legal and institutional questions that have recently arisen regarding the police recruitment process, including court decisions on the mandate and legality of recruitment procedures undertaken by the National Police Service Commission in 2025. These developments point to deeper and systemic concerns regarding transparency, legality, fairness, and constitutional compliance within the recruitment framework.

Article 27 of the Constitution of Kenya, 2010 guarantees equality before the law and freedom from discrimination, including discrimination on the basis of sex, pregnancy, health status, and social status. The Constitution further obligates all State organs to uphold human dignity, equity, social justice, inclusiveness, equality, human rights, and non-discrimination.

In this regard, the Commission observes that the current controversy surrounding the dismissal of pregnant recruits exposes a critical policy gap within Kenya’s police recruitment and training framework. Specifically, there is  insufficient clarity, consistency, and inadequate  public communication on recruitment eligibility, existence of deferment mechanisms, and treatment of pregnancy within paramilitary and security sector trainings.

The Commission acknowledges that police training is by its very nature rigorous, physically intensive, highly structured, and operationally demanding. The training regime is designed to prepare officers for high-pressure security environments requiring sustained physical endurance, tactical readiness, weapons handling, field drills, and operational deployment capability. It is therefore reasonable that certain medical or physiological conditions, including pregnancy, may temporarily limit a recruit’s ability to safely and effectively undertake aspects of the training programme.

However, the constitutional question that must be addressed is not whether pregnancy affects participation in strenuous training but whether the State has clear, lawful, proportionate, humane, and non-discriminatory framework for handling such situations in consistent with Article 27 of the Constitution.

The Commission is concerned that where recruitment criteria and consequences are not clearly defined, publicly communicated, consistently applied, and constitutionally tested, then affected individuals may perceive administrative decisions as arbitrary, punitive, or discriminatory. This creates avoidable public controversy, institutional mistrust, and potential violations of constitutional rights.

The Commission therefore calls for:

  1. A comprehensive review of police recruitment and training policies to ensure full alignment with Article 27 and other constitutional provisions on equality, human dignity, and fair administrative action. As a matter of necessity the review should robustly consider Multi-sector consultation and by extension Public participation involving oversight agencies, gender experts, security sector actors, medical professionals, and human rights stakeholders in reviewing the policy framework governing recruitment into disciplined services.
  2. Development of a clear policy framework on physiological aspects including pregnancy during police recruitment, and training, including:
  3. Enhanced transparency in recruitment processes, particularly in light of repeated cases involving forged documents, criminal records, and post-recruitment vetting failures, which suggest weaknesses in the initial screening and verification process. 
  4. Institutional harmonisation between constitutional principles and operational realities within disciplined services, so that legitimate operational requirements do not evolve into unclear or potentially discriminatory administrative practices.
  5. pre-recruitment disclosure requirements;
  6. medical assessment standards;
  7. deferment and re-admission mechanisms where appropriate;
  8. protection against arbitrary exclusion; and
  9. safeguards for maternal health and institutional operational requirements.

The Commission further reiterates that constitutional equality does not mean ignoring biological realities or operational demands of specialised institutions. Rather, it requires that State decisions be lawful, proportionate, procedurally fair, and grounded in clear policy rather than uncertainty or administrative discretion.

The Commission remains committed to supporting reforms that strengthen constitutionalism, professionalism, equality, accountability, and public confidence within Kenya’s security sector institutions.

HON. REHEMA JALDESA

CHAIRPERSON
10 May 2026