Three prominent human rights organizations have petitioned the High Court to take action against Interior Cabinet Secretary Kipchumba Murkomen over comments they claim encouraged police to use excessive force against protesters.
The Katiba Institute, the Kenya Human Rights Commission (KHRC), and the Independent Medico-Legal Unit (IMLU) filed the case, accusing Murkomen of violating constitutional protections by allegedly urging officers to “shoot anyone approaching a police station” during a June 26 press briefing.
Cs. Murkomen has denied issuing such orders, maintaining that he was merely “interpreting the law.”
However, the petitioners argue that his remarks incited violence, endangered lives, and violated fundamental rights including the right to life, dignity, due process, and peaceful assembly.
The groups claim Murkomen illegally interfered with police operations, a role reserved for the Inspector-General under Article 245(2)(b) of the Constitution.
They allege that he cited repealed sections of police regulations previously struck down by courts for permitting excessive force.
The petition references the 2022 Katiba Institute case, which ruled that lethal force can only be used as a last resort to save lives, not to protect property or suppress protests.
The Petitioners Want that:
A court declaration that Murkomen overstepped his authority.
A public retraction by Murkomen in newspapers, on TV, and at a press conference at his own expense, clarification on when police may legally use lethal force, in line with the 2022 court ruling, personal liability for Murkomen if police violence linked to his remarks results in injuries or deaths as well as compensation for victims harmed by police actions since June 26.
The case has been filed urgently and awaits direction from the High Court’s constitutional division. CS Murkomen has yet to publicly respond to the latest legal challenge.
