Former CJ Willy Mutunga has told off acting Interior CS Fred Matiang'i over utterances that only criminal gangs are being dealt with during the post-election protests.
Matiang'i denied that live bullets are being used against protesters, saying only criminals were facing the full force of the law.
A 10-year-old girl is among 11 people shot dead as protests intensified
in Mathare, Kibera and parts of Nyanza region on Saturday.
Matiang'i claimed, "I am not aware of anyone who has been killed by live bullets in this country. Those are rumours. People who loot, break into people’s homes, burn buses are not peaceful protesters."
Mutunga fired back on Twitter saying, "Criminal gangs have rights. Arrest them, charge them in court. State protects the rights of all, including the scum of the earth among us."
Angry protests erupted in opposition strongholds in Nairobi and Kisumu areas as the counting of votes from Tuesday's election continued, but the IEBC said the election had been free and fair.
Earlier, The Kenya National Commission on Human Rights said 24 people have been killed across the country from police brutality since August 8.
Chairperson Kagwiria Mbogori said Nairobi accounts for the highest number of casualties with 17 deaths which occurred mainly after the announcement of presidential election results.
Homa Bay, Migori and Siaya account for two deaths each while one death had been reported in Kisumu, Mbogori said during a press conference in Nairobi.
NASA principals, without evidence, put the death toll at more than 100.
Yesterday Raila urged supporters to stay away from work today and accused the government of having planned to rig elections and murder his supporters.
"[The] Jubilee [Party] has spilt the blood of innocent people. Tomorrow there is no work," Raila told a crowd of around 4,000 cheering supporters in Kibera, Nairobi's biggest slum.