Interior Cabinet Secretary Kipchumba Murkomen appears before the Senate Nairobi on June 11, 2025
Pressure is mounting on Interior Cabinet Secretary Kipchumba Murkomen over recent remarks perceived as endorsing the use of lethal force by police against protesters, with three civil society groups petitioning the court to declare him unfit to hold public office.
In a petition filed at the High Court in Nairobi on Wednesday, the groups accuse Mr Murkomen of inciting police officers to kill protesters.
They also claim he issued illegal instructions to law enforcement and attempted to usurp the command and control of the National Police Service from the Inspector-General of Police.
The petition concerns Mr Murkomen’s recent controversial “shoot-to-kill” directive following the June 25 anti-government demonstrations which left at least 16 people dead and over 400 others injured.
Court papers show that Mr Murkomen was captured in media reports directing police officers to shoot any protester approaching a police station or threatening the life of a police officer.
Kill Kenyans
Rights groups Katiba Institute, the Kenya Human Rights Commission and the Independent Medico-Legal Unit argue that the CS violated both the Constitution and the National Police Service Act by directing police operations, powers legally reserved for the Inspector-General of Police.
“CS Murkomen has explicitly called on police to kill Kenyans, falsely claimed that such conduct would be justified under the law and the Constitution, and asserted that the government would defend those unlawful actions. We assert that CS Murkomen’s statements violate Articles 10 and 245(2)(b) of the Constitution and amount to unlawful incitement under Article 33(2),” the petition reads.
The groups are seeking a declaration that Mr Murkomen breached Article 75(1)(c) of the Constitution, which prohibits State officers from demeaning the offices they hold.
They argue that Mr Murkomen has brought disrepute to the Office of the Cabinet Secretary for Interior and National Administration.
Interior Cabinet Secretary Kipchumba Murkomen, flanked by senior government security officials, addresses the media at Harambee House in Nairobi on June 26, 2025.
The petitioners have also asked the court to compel the CS to issue a public retraction of his statements through national media platforms at his personal expense, outlining the lawful limitations on the use of force and firearms.
They express concern that his directive could trigger a spike in extrajudicial executions and increased violence, resulting in loss of life and severe human rights violations.
Through lawyer Eileen Imbosa, the civil society groups argue that Mr Murkomen violated the code of conduct for public officers and the oath of office.
“We urge the court to find that the Respondent is unfit to hold public office – especially the Ministry of Interior and National Administration, which oversees the National Police Service – due to his violation of national values and principles of governance under Article 10 and the Public Officer Ethics Act,” the petition reads.
The lawyer adds that Mr Murkomen failed to retract his controversial statements made on June 26, 2025.
Instead, he cited sections of the National Police Service Act that had already been declared unconstitutional two years ago to justify the use of lethal force against protesters.
