Aasai

A petition has been filed at the Milimani High Court seeking the removal of Interior Cabinet Secretary Kipchumba Murkomen from office over his recent public remarks supporting the use of lethal police force during anti-government protests. The petition is spearheaded by the Katiba Institute, working in conjunction with the Kenya Human Rights Commission (KHRC) and the Independent Medico-Legal Unit. These civil society groups argue that Murkomen’s comments represent a grave violation of the Constitution and a misuse of his public office.

The civil groups claim that Murkomen crossed a critical line by encouraging police officers to employ deadly force against protesters. He is accused of making statements that not only misinterpret the law but also promote unconstitutional and violent responses to public demonstrations. According to the petitioners, Murkomen’s actions demonstrate a disregard for the rule of law and amount to incitement to violence, which is prohibited under Article 33(2) of the Constitution.

The statements in question were made by Murkomen on June 26, during a public address where he referenced Schedule 6(1)(b) of the National Police Service Act to justify the use of deadly force. He cited legal provisions that allegedly allow police to use such force to defend property, prevent escape from custody, or stop external assistance in such escapes. However, the petition highlights that these provisions had already been declared unconstitutional by the High Court in a 2022 ruling.

Despite knowing the legal status of those clauses, Murkomen did not disclose that they had been nullified, effectively misleading the public and police officers. The petition accuses him of propagating misinformation and providing unlawful guidance that could justify extrajudicial killings. His statements, the petitioners argue, compromise public safety and constitutional values by promoting a dangerous misuse of state authority.

The petitioners want the court to declare Murkomen unfit to serve in any public office, particularly one that involves oversight of law enforcement and national security. They argue that his conduct violates Articles 10 and 245(2)(b) of the Constitution, as well as the ethical code that binds public officers. Furthermore, his remarks are seen as undermining the responsibility of public officials to protect life and uphold justice.

As part of the legal demands, the civil society groups are asking the court to compel Murkomen to issue a public retraction. This retraction should be made through a televised address, a press conference at Harambee House, and a paid advert in a national newspaper. The retraction must also mention the 2022 High Court ruling that limits the use of force by police officers.

In addition, the petitioners want the Independent Policing Oversight Authority (IPOA) to compile and submit a report on all civilians killed or injured by police from June 26 until Murkomen’s potential retraction. They also seek compensation for victims of police brutality and reimbursement for legal expenses, stating that the petition serves the wider public interest.

Following Murkomen’s remarks, he has come under heavy criticism from various quarters, including the Law Society of Kenya (LSK) and several political leaders. Critics have described his comments as reckless, warning that such directives could trigger a rise in unlawful police killings. Although Murkomen later clarified that police officers are trained and aware of their limits regarding use of force, the damage to public trust had already been done.

To add to the pressure, lawyer Kepha Ojijo has filed a separate petition with the LSK calling for the removal of both Murkomen and Deputy President Kithure Kindiki from the Roll of Advocates. He cites their alleged involvement in state-sponsored violence during the protests. Additionally, opposition MPs have hinted at plans to initiate an impeachment process against Murkomen, arguing that his "shoot to kill" directive is sufficient grounds for dismissal from office.