Lobbies want court to declare Murkomen unfit to hold office over shoot-to-kill order
They want the CS to be compelled to issue a public statement recanting his remarks to a newspaper and TV station with nationwide circulation
Interior Cabinet Secretary Kipchumba Murkomen has been sued over his shoot-to-kill order to police last week following demonstrations in various parts of the country that turned chaotic.
A petition was filed by the Kenya Human Rights Commission (KHRC), the Independent Medico-Legal Unit (IMLU) and Katiba Institute wants the CS declared unfit to hold public office.
“The petitioners pray that a declaration that by purporting to direct police officers in their line of duty, the Respondent acted ultra vires and in violation of Article 245 (2)(b) of the Constitution as read with Section 8 of the National Police Service Act which provides that the overall and independent command of the National Police Service is under the Inspector-General of Police,” the three lobby groups said in their petition.
They have also asked the High Court to find that Murkomen contravened Article 75 (c) (1) of the Constitution by demeaning the office he is serving in as a CS.
“A declaration that the Respondent has contravened Clause 1 of Article 75 (c) of the 2010 Constitution and has demeaned the office of the Cabinet Secretary, Ministry of Interior and National Administration,” they have urged.
The three groups want the CS to be compelled to issue a public statement recanting his remarks to a newspaper and TV station with nationwide circulation.
According to the lobby groups, Murkomen should be held responsible for any damages that result from his order to the police.
“An order, incidental, consequential, and aggravated damages against the Respondent in favour of all individuals who have died or have been seriously injured as a result of police action, caused by a member of the police on duty or that which happened while in police custody from 26 June 2025 to the date of his retraction and clarification of the law,” they said in the petition.
Last week while assessing the damage incurred during the first anniversary of those killed during Gen Z protests on June 25 last year, Murkomen ordered the police to shoot and kill all the people who near police stations.
However, after the remarks, there was a public uproar, forcing the CS to clarify denying the viral video of his orders saying that he did not direct the police to use their firearms recklessly.
“We have not said that they should use it recklessly. We are just trying to protect the officers whose lives are in danger, and they are being told that they should not use the guns because they will be charged,” Murkomen stated.
He added that he cannot give orders to the Inspector General of Police and officers as he is barred by the Constitution.
