Katiba Institute Challenges Police Use of Force and Firearms Directive:

Katiba Institute has filed a constitutional petition (HCCHRPET/E275/2026) contesting Policy Directive No. 1 of 2025 on the conditions governing the use of force and firearms, which was issued on 18 July 2025 by the Cabinet Secretary for Interior and National Administration, Hon. Kipchumba Murkomen, to the Inspector General of Police, Douglas Kanja.

Our Counsel, Kevin Walumbe, argues that the Cabinet Secretary acted outside the law, as Schedules 6A and 6B of the National Police Service Act provide for regulations, not directives, to be developed in consultation with the Inspector General and relevant stakeholders. He further contends that the directive lacks a legal foundation and contravenes multiple constitutional provisions, including Articles 1(1) and (2), 10, 27, 37, 50, 153(4)(a), 156(4), and 232(1)(d).

Through the petition, Katiba Institute is asking the court to declare the directive unconstitutional and cancel it. It also wants the court to order the Cabinet Secretary and the Inspector General of Police to create proper rules on the lawful use of force and firearms within 60 days, as required by law.

The Court has directed parties to file responses and submissions to the petition and appear in court on 19 May 2026 for further directions.

See the petition

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