By Samuel Ouma
Interior Cabinet Secretary Kipchumba Murkomen is facing a legal petition filed by several prominent civil society organisations over controversial remarks in which he appeared to direct police officers to shoot protestors who approached police stations.
The petition, filed by Katiba Institute, the Kenya Human Rights Commission (KHRC), the Independent Medico-Legal Unit (IMLU), and other members of the Police Reforms Working Group (PRWG), accuses Murkomen of inciting violence, violating the Constitution, and abusing his office following deadly protests across the country in late June.
On July 26, just a day after at least ten people were reported dead during nationwide anti-government demonstrations, CS Murkomen made inflammatory comments while addressing a crowd outside the Deputy County Commissioner’s Office in Kikuyu constituency, outskirts of Nairobi.
“We have told the police, anyone coming near a police station, shoot them. Anyone,” he declared, in a speech that has since drawn widespread condemnation.
Murkomen framed the protests as a threat to national security and praised the police for their response, describing protestors as “terrorists disguised as dissenters.”
During a follow-up press briefing at Harambee House on June 26, the CS doubled down on his stance, urging officers to use their firearms to protect themselves and police property, stating, “It is an order from above.” He also claimed that only 10 people had died countrywide during the June 25 protests, adding that some of the deceased were killed while looting.
The petitioners argue that Murkomen’s remarks amount to incitement to violence, a violation of Articles 10, 33(2), and 245(2)(b) of the Constitution, which prohibit hate speech and incitement by public officials. They contend that Murkomen “explicitly called on the police to kill Kenyans,” misrepresented the law, and undermined constitutional protections of life, dignity, and peaceful assembly.
The civil society groups further criticize Murkomen for referencing provisions of the National Police Service Act to justify lethal force, without acknowledging that the cited clauses—Schedule 6(1)(b), (c), (d), and (e)—had already been declared unconstitutional by the High Court in Katiba Institute & Another v Attorney-General & Another [2022] KEHC 17072 (KLR).
“Murkomen’s statements are a blatant distortion of the law, and a dangerous endorsement of police impunity,” reads the petition.
“He has violated not only the Constitution but also the Code of Conduct and Ethics and the oath of office required of a Cabinet Secretary.”
The petitioners now want the court to declare Murkomen unfit to hold public office, especially in the sensitive Ministry of Interior and National Administration, which oversees the National Police Service.
