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Murkomen hires lawyers as he readies for fightback in abductions case

Interior Cabinet Secretary Kipchumba Murkomen has hired private lawyers to defend him in court tomorrow when he is supposed to appear over the abduction of six youth last month.

While addressing journalists in Milimani law courts, the lawyers, Danstan Omari and Sam Nyaberi, said that the CS has no legal or constitutional instrument to sanction police operations.

They said the mandate to security of properties and protection of lives to Kenyans lies in the hands of the Inspector General of police.

Omari said that the CS is only involved in policy making and he can only give written directions to the Inspector General of Police.

“Policy making does not involve the command structure which is preserved to the inspector General of police,” Omari said.

The lawyer stated that the other role where the CS for interior security comes in is when he sits at the national security council where he brings matters of police to the Council which is chaired by the president.

He also said that the financial autonomy of the National Police Service is granted by the president but not the CS.

Laywers Danstan Omari and Sam Nyaberi address journalists at the Milimani law courts in Nairobi. [Gidraph Mwangi]
The lawyers said that the operational and command autonomy is granted to the police by the Constitution and Murkomen has nothing to do in the petitions filed in the High Court by Busia Senator Okiya Omtatah and the Law Society of Kenya pointing fingers to him, Inspector General of police and the DCI.

“Dragging the CS in the petitions without good reasons is unconstitutional and cannot be tolerated,” Omari added.

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Through his lawyers, the CS extended his condolences to the families of those who have lost their lives and to those affected by the acts of abductions.

He condemned the acts of extrajudicial killings and abductions committed by government agencies or any other criminal and assured the Kenyans that the police are on their toes conducting Investigations and unearth who is behind those heinous acts.

The lawyers further added that the CS in the process of calling a meeting with all security agencies do discuss the question of abduction.

The two petitions filed in the High Court are coming up tomorrow for hearing where Justice Bahati Mwamuye summoned the CS and the two top security chiefs.

The judge reiterated his earlier orders requiring the IG, DCI and the CS to appear before the court in person.

“After hearing from all the parties, I hereby order the IG Mr Kanja, DCI Amin Mohammed and CS Murkomen to on January 8 2025 to appear in court to explain the whereabouts of the six abducted young men,” Justice Mwamuye ordered.

They were required to release Gideon Kibet, Ronny Kiplagat, Steve Kavingo Mbisi, Billy Mwangi, Peter Muteti, Bernard Kavuli and Kelvin Muthoni.

With the exception of Mbisi, the others have since been freed though the police maintain they were not involved in their abduction.

 

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