Petition filed to reinstate 18 pregnant police recruits dismissed from Kiganjo

A petition has been filed before the Employment and Labour Relations Court in Nyeri seeking the reinstatement of 18 female police recruits dismissed from the National Police College, Kiganjo, allegedly solely on the basis of pregnancy.

In the petition filed by Peter Agoro and John Wangai against the National Police Service (NPS) Inspector General, the National Police Service Commission (NPSC) and the Attorney General, the two argue that the dismissals are unconstitutional, discriminatory and violate the affected recruits’ rights to equality, dignity, fair labour practices and fair administrative action.

According to court documents, the petitioners argue that the 18 women were among approximately 10,000 recruits selected during the nationwide police recruitment exercise conducted in November 2025 and had already reported to the National Police College Kiganjo for basic training.

The petition states that upon reporting to the college, all female recruits were subjected to mandatory pregnancy tests, after which the 18 recruits who tested positive were dismissed from the programme.

The petitioners argue that the affected recruits were already pregnant before joining the college and did not conceive while undergoing training.

They contend that there is no law, regulation or publicly gazetted policy providing for the automatic dismissal of female recruits on grounds of pregnancy.

“The blanket application of pregnancy as an automatic disqualifier for female police recruits is discriminatory on its face,” the petition states, adding that no equivalent sanction exists for male recruits in comparable medical or physiological circumstances.

The petitioners further fault the respondents for allegedly failing to consider less restrictive alternatives such as deferment of training, temporary leave or re-admission in a future intake.

The case cites constitutional provisions including Articles 27, 28, 41, 43 and 47, which guarantee equality, dignity, fair labour practices, reproductive health rights and fair administrative action.

The petitioners also rely on Section 5 of the Employment Act, which prohibits discrimination on grounds of sex or pregnancy in recruitment and employment matters.

They further argue that the dismissals violate Kenya’s obligations under international treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Maputo Protocol.

Among the orders sought, the petitioners want the court to declare the dismissals unconstitutional, compel the reinstatement of the recruits into the next available police training intake after delivery and postpartum recovery, and direct the police service to develop and gazette a constitutionally compliant policy on pregnancy during police recruitment and training.

They are also seeking orders barring further dismissal of recruits solely on grounds of pregnancy pending the formulation of such a policy framework.