Murkomen Under Legal Fire for Allegedly Authorising Force Against Demonstrators

Interior Cabinet Secretary Kipchumba Murkomen is embroiled in a High Court battle following controversial statements interpreted as advocating lethal force against anti-government demonstrators.

A coalition of civil society organisations, including the Katiba Institute, the Kenya Human Rights Commission, and the Independent Medico-Legal Unit, has filed a petition seeking his removal from office. The legal action stems from Murkomen's remarks after the 25 June protests, which resulted in at least 16 fatalities and numerous injuries. The petitioners claim Murkomen's comments constituted incitement and unlawful interference in police operations, particularly his alleged directive authorising officers to shoot protesters deemed threatening.

The groups argue that these directives overstep the authority legally reserved for the Inspector-General of Police, thereby compromising the National Police Service's independence. Court documents cite media reports and public addresses in which Murkomen appeared to endorse the use of firearms against civilians under loosely defined threats.

The petition asserts that such directives contravene Articles 10 and 245(2)(b) of the Constitution, safeguarding national values and police autonomy, and Article 33(2), prohibiting incitement to violence. The coalition contends that Murkomen violated Article 75(1)(c) of the Constitution, barring state officers from actions demeaning their office's integrity. They argue his conduct has discredited the Ministry of Interior and National Administration.

Beyond his removal, the petitioners demand Murkomen publicly retract his statements through national media at his expense, warning that failure to do so could embolden extrajudicial killings and escalate human rights violations. Lawyer Eileen Imbosa, representing the groups, notes Murkomen's continued reliance on previously unconstitutional provisions of the Police Act, demonstrating a disregard for legal precedent and ethical governance.