Human rights NGO, the Independent Medico-Legal Unit, has demanded a public apology and withdrawal of the orders to shoot violent protesters by the executive and Interior CS Kipchumba Murkomen.
Otherwise, the IMLU said it would sue the government.
President William Ruto has told police to shoot protesters in the leg, but not kill them. Murkomen earlier had called for broader shooting orders against protesters bent on violence and looting.
Interpreted as ‘shoot-to-kill’ orders by Murkomen, they had been widely denounced, while some lawmakers and others supported the use of lethal force.
There has been no indication of any apology or withdrawal of orders to use gunfire against those police consider troublemakers bent on violence and property destruction.
The IMLU called such orders unlawful, saying they dangerously erode the relationship between law enforcement and the public, and would only worsen violence.
Executive Director Grace Wangeci also demanded Murkomen retract his own “shoot to kill” directive to police targeting protesters who attempt to breach police stations.
Besides the illegality of the purported orders, she said in a statement, the directives are also in breach of the constitution as no one can give directives to the police on how to operate.
“These directives risk escalating violence and must be withdrawn immediately,” Wangeci said.
“The withdrawals should be accompanied by a public apology and a reaffirmation of constitutional values—particularly the operational independence of the National Police Service.”
The organisation further urged the Independent Policing Oversight Authority (Ipoa) to launch a swift and thorough investigation into police actions, carried out in line with the controversial directives, with a focus on ensuring accountability for any rights violations.
“Orders such as ‘shoot the legs’ are deeply troubling,” the IMLU statement read.
“A gunshot to the leg can be fatal if it damages major blood vessels such as the femoral artery. Without immediate emergency intervention, such injuries can result in death within minutes, ” due to massive blood loss.
IMLU said even non-fatal gunshot wounds often leave survivors with permanent disabilities, long-term infections, and severe psychological trauma.
“Issuing such instructions places lives at risk and undermines the principles of lawful and proportionate use of force, as outlined in both Kenyan law and international human rights standards,” the group said.
The lobby said it has been documenting widespread use of live ammunition and excessive force by police during recent protests.
More than 50 people have died in protest-related incidents during nationwide demonstrations on June 25 and Saba Saba Day, July 7, the IMLU said. Hundreds more were injured or arrested.
“This situation underscores a disturbing trend whereby security agencies respond to public dissent with violence,” the group warned.
“It raises urgent questions about the accountability of those issuing and executing such orders.”
The group said Section 61 of the National Police Service Act provides clear guidelines on the use of force by police officers. Under the law, force may only be used when absolutely necessary and must be proportional to the threat or resistance encountered.
Schedule XI of the same Act also requires officers to exhaust non-violent means before resorting to force. Moreover, when force results in injury, officers are legally obligated to provide immediate medical assistance and, where possible, notify the victim or victims’ relatives or close friends.
“Failure to render such aid without justifiable reason constitutes a criminal offence,” IMLU emphasised.
“In any instance where force results in death, serious injury, or other grave consequences, the law requires immediate reporting to Ipoa for independent investigation.”
The rights group maintained that law enforcement must return to constitutional principles of restraint, accountability, and proportionality in all crowd-control operations.
INSTANT ANALYSIS
The use of lethal force against protesters risks turning public demonstrations into bloodbaths, rights groups say. Urgent legal scrutiny and accountability are essential to prevent deeper erosion of civil liberties.
President William Ruto speaks during the swearing-in of new cabinet secretaries at State House, Nairobi on January 17, 2025. (Photo: PCS)
