Rights groups sue Murkomen over “shoot-to-kill” remarks

Interior CS Kipchumba Murkomen

Three human rights organisations have moved to the High Court seeking orders against Interior Cabinet Secretary Kipchumba Murkomen over remarks they allege incited police officers to unlawfully shoot protesters.

Murkomen has previously denied ever issuing such orders, stating that he was only interpreting the law.

In a petition filed by Katiba Institute, the Kenya Human Rights Commission (KHRC), and the Independent Medico-Legal Unit (IMLU), they accuse the CS of violating multiple constitutional provisions through statements made during a press briefing on June 26.

The petitioners claim Murkomen's statement, instructing police to “shoot anyone approaching a police station”, amounted to incitement to violence and posed a serious risk of extrajudicial killings.

They argue that such directives violated Kenyans’ fundamental rights to life, dignity, due process, and peaceful assembly.

“The Respondent incited police officers by telling them that the guns in their custody are not toys and directed them to shoot anyone approaching the police station,” the petition reads.

They want the High Court to issue a declaration that Murkomen acted beyond his constitutional mandate by interfering with the independent command of the police, which is exclusively vested in the Inspector-General under Article 245(2)(b) of the constitution.

The groups contend that the Interior CS “purported to direct police officers in their line of duty,” a role clearly outside the scope of his office and one that undermines the principle of operational independence of the National Police Service.

In addition, the petitioners allege Murkomen misrepresented repealed sections of the National Police Service Standing Orders and the Police Act, which the courts had previously invalidated for authorising unlawful use of force.

They cite the case of Katiba Institute & Another vs Attorney General [2022], which reaffirmed that lethal force can only be used as a last resort to save life, never to protect property or suppress protests.

As part of their requested remedies, the rights groups are urging the court to compel Murkomen to issue a full public retraction at his own expense, in a national newspaper, on television, and at a press conference.

 “The Respondent must clarify the circumstances in which police officers may lawfully use lethal force,” they say, adding that the clarification must reference the binding principles set in the 2022 judgment.

They are also seeking a declaration that Murkomen demeaned the office of Cabinet Secretary and should be held personally liable for any injuries or deaths resulting from police actions linked to his statement.

The petition asks for aggravated damages for victims who suffered harm at the hands of police officers during or after June 26.

The matter is filed under a certificate of urgency and awaits directions from the constitutional division of the High Court.