Katiba Institute, the Kenya Human Rights Commission, the Independent Medico-Legal Unit, and other members of the Police Reforms Working Group have filed a petition seeking, as an interim measure, against the Interior Cabinet Secretary Kipchumba Murkomen.
In a petition filed in court on July 2, 2025, the groups are seeking a full and immediate retraction of Kipchumba Murkomen’s remarks made on 26 and 27 June 2025 as an interim measure over his controversial ‘shoot-to-kill’ statements.
According to the petition, the CS was recorded urging police officers to shoot anyone approaching a police station or endangering the life of a police officer.
“Murkomen gave assurances that he would protect any police officer who executes his shoot-to-kill orders. The petition alleges that these comments constitute incitement to violence and unlawful acts, and amount to unacceptable ethical conduct required of a public officer. The petition asks the court to find that the CS, as a public officer, is not fit to hold public office,” read part of the petition.
Katiba & KHRC Sue Murkomen
The petitioners made the following arguments about CS Murkomen’s comments:
- The High Court, in Katiba Institute & Another v Attorney-General & Another (Petition 379 of 2017 [2022] eKLR clearly set out the limitations to police use of force, rejecting the notion that the use of firearms is appropriate to protect property and limiting the use of firearms when lesser appropriate means are available, as is the case in the context of peaceful protests.
- The CS’s comments constitute incitement under Article 33 of the Constitution and unethical conduct under Article 10 and Chapter VI of the Constitution, as he encourages the unlawful use of force in his initial comments and knew or should have known-that he was citing outdated and unconstitutional legal provisions when trying to justify his remarks
- The CS should be held unequivocally responsible for any individuals who lose their lives or are injured from 26 June 2025 at the hands of any police officers, following his unlawful orders.
Also Read: Murkomen Issues Shoot-to-Kill Order to Police Officers in Select Situations
Murkomen Issues Shoot-to-Kill Order
Murkomen issued the directive during a visit to damaged police stations in Kiambu County on Thursday, June 26, 2025, following the crackdown on the nationwide Gen‑Z protests the previous day.
In his directive, he issued a shoot-to-kill order to police officers against anyone who storms a police station, targets police firearms, or attacks a police officer.
“When someone comes to the police station and wants to take over the government’s office, police gun and your life, pita nayeye (shoot him). I will stand for the case that comes afterwards. As long as you have not left the station to look for someone to kill. But if someone comes to the police station and wants arms, guns, and to kill you, that is disrespect,” he said.
Also Read: Murkomen Sets the Record Straight on Shoot to Kill Order
However, in contrast to his earlier remarks, on Friday, June 27, 2025, the CS stressed that police are part of the communities they serve and should maintain mutual respect with citizens to uphold national security.
“When we call on police officers to use firearms to protect themselves or civilians, we do not mean carelessly. We are simply defending officers whose lives are in danger but are being cautioned against using their arms for fear of prosecution,” he explained.
Additionally, he stated that he is in full support of the police as they work to maintain law and order.
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