Murkomen denies issuing shoot-to-kill order in major u-turn
CS says he was only restating what is provided for in the law and specifically, the National Police Service Act
Interior Cabinet Secretary Kipchumba Murkomen now says he never issued a ‘shoot-to-kill’ order to police officers two days following the chaos that erupted during the June 25 protests by Gen Zs.
Murkomen he cannot lawfully give orders to the Inspector General of Police or any officer as he is barred to do so by the Constitution.
“I cannot order the Inspector General of Police on anything because the Constitution denies me to do so. And I did not order the IG or any police officer to carry any extrajudicial killing anywhere,” Murkomen said.
Instead, he claimed he was only restating what is provided for in the law and specifically, the National Police Service Act.
“I merely restated the law and as you may recall, the sixth schedule of the National Police Service Act in Paragraph B (1) provides the conditions for use of a firearm which include the protection of life of officers or civilians; protection of property; self-defense against threats of death or serious injury among others,” Murkomen said.
He went further and claimed that there is no evidence of him issuing the order anywhere.
“Where did I issue a shoot-live to murder command? Having been your good student, I know better than to make unfounded statements,” he stated.
This is against the backdrop of his Thursday and Friday orders while in Kikuyu and Nairobi CBD, while assessing the damage incurred during the first anniversary protests by Gen Z when he said police officers should not fear those who attack police stations or cause chaos as long as they have enough ammunition.
“Anyone who approaches a police station should be shot… Should someone who is going to steal a gun be pampered? A gun is not a doughnut,” he said as captured in a video that has since gone viral on social media.
The remarks that have placed him in hot soup with human rights defenders and politicians led by former Deputy President Rigathi Gachagua accusing Murkomen of arrogance and recklessness.
“He is a young, excited CS full of himself because of money and power. Such illegal and careless pronouncements can lead to the loss of innocent lives and expose police officers to legal consequences,” Gachagua said.
ODM leader Raila Odinga also slammed Murkomen’s comments, describing them as irresponsible and unlawful.
“Anybody giving instructions that anyone approaching a police station should be shot, shame on you. The police should never shoot to kill. If someone has committed a crime, they should be taken to court,” Raila stated.
This is even as President William Ruto seemed to have taken sides with the CS, saying the government will defend them as they protect the country.
“We cannot have a country where criminals run after our policemen. If a policeman’s life is in danger, then how can our families be safe? This trend must change. The criminals who attacked our officers and destroyed property in the Wednesday mayhem will be held to account. We will stand by every man and woman in uniform and protect them as they discharge their duties,” Ruto stated.
Earlier today, former National Police Spokesperson Charles Owino defended Interior Cabinet Kipchumba Murkomen over his ‘Shoot-to-kill’ order, saying he made it out of frustration in response to rising threats against police officers and public order.
“You see, he has said that out of annoyance, out of what people have done, out of restraint. It is an abuse of a policeman, beaten and carrying his firearm to the ground, and he still restrained himself. He did not shoot at anyone,” he said.
He emphasised that the law provides strict but clear conditions for the use of firearms by police.
“There are provisions in law when police officers use firearms, and they are clear. One of them is to protect life. Another one is to restrain a person trying to rescue, maybe a criminal who has committed a felony, or somebody who is escaping from custody who has committed a felony,” he said.
Owino urged Kenyans to understand the legal framework guiding the use of firearms by police, noting that officers are only allowed to use guns to protect life, prevent escape by a felon, or stop a felon from being rescued.
