Katiba Institute, the Kenya Human Rights Commission, the Independent Medico-Legal Unit, and other members of the Police Reforms Working Group have filed a petition seeking, as an interim measure, a full and immediate—equally publicised—retraction of Interior Cabinet Secretary Kipchumba Murkomen’s remarks on 26 and 27 June 2025.

The CS is recorded urging police officers to shoot anyone approaching a police station or endangering the life of a police officer. Murkomen gave assurances that he would protect any police officer who executes his shoot-to-kill orders.  The petition alleges that these comments constitute incitement to violence and unlawful acts, and amount to unacceptable ethical conduct required of a public officer. The petition asks the court to find that the CS, as a public officer, is not fit to hold public office.

The petitioners make the following arguments in relation to CS Murkomen’s comments:

1. The High Court, in Katiba Institute & Another v Attorney-General & Another (Petition 379 of 2017 [2022] eKLR clearly set out the limitations to police use of force, rejecting the notion that the use of firearms is appropriate to protect property and limiting the use of firearms when lesser appropriate means are available, as is the case in the context of peaceful protests.
2. The CS’ comments constitute incitement under Article 33 of the Constitution and unethical conduct under Article 10 and Chapter VI of the Constitution, as he encourages the unlawful use of force in his initial comments and knew—or should have known—that he was citing outdated and unconstitutional legal provisions, when trying to justify his remarks.
3. The CS should be held unequivocally responsible for any individuals who lose their lives or are injured from 26 June 2025 at the hands of any police officers, following his unlawful orders.

Signed

• Katiba Institute
• Kenya Human Rights Commission (KHRC)
• Independent Medico-Legal Unit (IMLU)

Download the full statement here