Murkomen: Security Agencies Act Within Law Despite Public Concerns
A coalition of civil society organisations, led by the Katiba Institute, has filed a constitutional petition at the Milimani High Court seeking to have Interior Cabinet Secretary Kipchumba Murkomen declared unfit to hold public office. The petition arises from statements made by the CS on June 26, in which he appeared to endorse the use of lethal force by police during ongoing anti-government demonstrations.
The petitioners—Katiba Institute, the Kenya Human Rights Commission (KHRC), and the Independent Medico-Legal Unit—argue that Murkomen’s remarks overstep his constitutional mandate, amount to incitement, and contravene multiple provisions of the Constitution, including the principles of rule of law and accountability.
At the centre of the case is Murkomen’s reference to Schedule 6(1)(b) of the National Police Service Act—specifically sub-sections (c), (d), and (e)—which he cited to justify the police’s use of deadly force in protecting property, preventing escape from custody, and stopping assistance to escapees. The petition notes that these specific legal provisions were declared unconstitutional in the High Court’s 2022 ruling in Katiba Institute & Another v Attorney-General & Another [2022] KEHC 17072 (KLR).
According to the petition, the CS misled the public by citing provisions that were already nullified and failed to disclose their invalidation. The petition states: “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 petitioners contend that Murkomen’s statements violate Article 33(2) on the limits of freedom of expression, as well as Article 10 on national values and principles of governance, and Article 245(2)(b), which governs the independence of the National Police Service. They further cite breaches of the Leadership and Integrity Act and the Code of Conduct and Ethics for public officers.
The petition seeks the following reliefs from the court:
Kipchumba Murkomen is unfit for any public office, especially those related to national security or law enforcement.
He must issue a public apology via three channels: a televised statement, a press briefing at Harambee House and a full page newspaper notice all at his own expense.
The apology must specifically mention the High Court decision in HCCHRPet. 379/2017 on the use of police force.
IPOA must submit a report of all those killed or seriously injured by police between June 26 and the day he issues the apology.
Compensation to victims of police brutality and costs in the public interest litigation.
Murkomen has been widely condemned for his remarks which followed the recent youth protests. LSK and political leaders from all sides have termed the remarks as unconstitutional and encouraging extrajudicial killings.
Murkomen has since clarified that the police know their limits on the use of force.
Read Also: Miguna Miguna to Deliver Response on Citizen TV Concerning 2018 Deportation Narrative.
Separately, lawyer Kepha Ojijo has filed a petition with LSK to have CS Murkomen and DP Kindiki removed from the Roll of Advocates. The petition is for gross professional misconduct for their roles in the government’s response to the protests. LSK has confirmed receiving the petition.
Opposition MPs have also announced plans to move an impeachment motion against the Interior CS citing the directive as reason for removal from office.
The petition seeks:
Murkomen: Security Agencies Act Within Law Despite Public Concerns
