Petition Filed to Declare CS Murkomen Unfit for Office Over ‘Shoot to Kill’ Remarks
Interior Cabinet Secretary Kipchumba Murkomen is facing fresh legal trouble as civil society organisations, led by Katiba Institute, filed a petition at the Milimani High Court seeking to have him declared unfit to hold public office.
The petition stems from Murkomen’s controversial remarks made during a June 26 address, in which he appeared to justify police use of lethal force amid anti-government protests that have gripped the nation.
Katiba Institute, alongside the Kenya Human Rights Commission (KHRC) and the Independent Medico-Legal Unit, accuses Murkomen of overstepping his mandate and inciting unlawful violence through misleading interpretations of the law.
In particular, the CS cited Schedule 6(1)(b) of the National Police Service Act—including subsections (c), (d), and (e)—to defend his stance. However, the petitioners argue these provisions were rendered unconstitutional by the High Court in 2022 in Katiba Institute & Another v Attorney-General & Another, a ruling Murkomen failed to acknowledge.
“CS Murkomen has explicitly called on the police to kill Kenyans, falsely claimed that their conduct would be justified under the law and the Constitution, and asserted that the government would defend their unlawful actions,” the petition states.
The petitioners claim Murkomen’s remarks amount to incitement under Article 33(2) of the Constitution and violate multiple constitutional provisions including Articles 10 and 245(2)(b), as well as the Code of Conduct and Ethics for public officers.
They now want the court to declare Murkomen unfit for any public office—particularly in the national security or law enforcement sphere—and to compel him to issue a televised apology, a press briefing at Harambee House, and a paid newspaper notice, all at his personal expense.
The retraction must also reference the 2022 High Court ruling in HCCHRPet. 379/2017, which defines the lawful boundaries of police force use.
Further, the petition seeks to have the Independent Policing Oversight Authority (IPOA) submit a list of individuals killed or seriously injured by police from June 26 up to the retraction date, with additional demands for compensation to victims and coverage of legal costs.
Murkomen has defended his comments, saying they were taken out of context and insisting that police officers are aware of their limits regarding use of force.
The latest court petition comes amid mounting pressure on the Interior CS. The Law Society of Kenya has condemned his remarks, while a Nairobi-based lawyer, Kepha Ojijo, filed a separate motion to have both Murkomen and Deputy President Kithure Kindiki removed from the Roll of Advocates for alleged roles in police brutality during protests.
In Parliament, opposition lawmakers have also initiated steps to impeach Murkomen, citing his controversial directive as a serious breach of constitutional order.
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Petition Filed to Declare CS Murkomen Unfit for Office Over ‘Shoot to Kill’ Remarks