Nairobi, July 2 - A petition has been filed in the High Court seeking the removal of Interior Cabinet Secretary Kipchumba Murkomen from office over his controversial shoot-to-kill directives.
The petitioners argue that Murkomen is unfit to hold office following his orders as the comments constitute incitement to violence and unlawful acts, and amount to unacceptable ethical conduct required of a public officer.
The case has been filed by Katiba Institute, the Kenya Human Rights Commission and several civil societies.
In a joint petition, the organisations said they want the court to find that the CS, as a public officer, is not fit to hold public office.
"The CS encouraged the unlawful use of force in his initial comments and should have known that he was citing outdated and unconstitutional legal provisions when trying to justify his remarks", they argue.
They have also sought to have the CS held responsible for any individuals who lose their lives or are injured from June 26 2025, at the hands of any police officers, following his orders.
The lobby groups argue that CS Murkomen's remarks are considered incitement under Article 33 of the Constitution and unethical conduct under Article 10 and Chapter VI of the Constitution.
More Backlash.
Murkomen has sparked fresh outrage after stating that the government will not cooperate with investigations into police officers who use firearms to defend government facilities, even if their actions lead to civilian deaths.
In a video seen by JULISHA MEDIA, Murkomen is heard defending lethal police action and warning that officers taken to court for using guns in such situations would be protected by the State.
“If a police officer is taken to court for using their gun to protect themselves, a police station, Parliament or any other government office, we will not cooperate. We will not cooperate with anybody who is trying to punish police officers who have done their job or protected their lives. It won’t be possible,” Murkomen is heard saying.
He added that any officer facing legal trouble over such actions would receive legal representation funded by the state.
“We’ll provide lawyers. There’s no way we can abandon a police officer to struggle alone. But officers should not use this as an excuse to say they are protecting government facilities only to go commit atrocities elsewhere,” he added.
Murkomen went on to justify the use of force by police, saying even if 10 people were injured in a confrontation, it would be justified if it meant protecting arms from falling into the wrong hands.
“Even if 10 people are injured, what else would you expect when a police station is under attack? Like that gun which has been stolen, how many robberies do you think it will be used in, and where? Citizens are now in danger because of that gun which has been stolen,” he said.
The remarks have now sparked widespread condemnation online, with many Kenyans accusing the CS of encouraging impunity.
An X user asked why a lawful police officer would need the protection of the state to obstruct investigations.
“If the police are carrying out a lawful duty, why not cooperate? A police officer charged with misuse of a firearm should not be defended with taxpayers' money. That would be a misuse of our taxes,” she said.
Another added, “A government established by the law and under the law cannot overthrow the same law that anchors it in the first place.”
Other users questioned Murkomen’s commitment to the rule of law. “What if one day the police turn on you or their bosses? Will you still defend them?”
A facebook user warned that the statements could land Murkomen in legal trouble in the future.
“The Cabinet Secretary’s words should be recorded and preserved. We will present them in court once his time in government ends. If the demonstrations continue and lives are lost, we will take the matter to the International Criminal Court. He is pushing the country towards anarchy,” he said.
This is the second time in days that Murkomen’s remarks have caused uproar. While touring looted businesses in downtown Nairobi last week, he was captured on video saying, “If anyone gets close to a police station, shoot and kill them… That’s an order from above, not just from me.”
The Law Society of Kenya (LSK) condemned the statement, calling it reckless and warning it could trigger more extrajudicial killings.
Murkomen later clarified his remarks while speaking at a graduation ceremony at the Border Police Training Centre in Kanyonyo, Kitui County, on Friday.
“We have not said that the guns should be used recklessly. We are just trying to defend the police officers whose lives could be at risk. Some officers currently fear using guns because they do not want to go to jail, but what if they lose their lives to criminals?” he said.
