NAIROBI, Kenya – Interior Cabinet Secretary Kipchumba Murkomen is facing mounting legal pressure after a group of civil society organizations filed a petition in the High Court seeking his removal from office over his recent “shoot-to-kill” directives.
The joint petition, filed by the Katiba Institute, the Kenya Human Rights Commission (KHRC), and other civil rights groups, accuses Murkomen of violating the Constitution by issuing directives that amount to incitement to violence and unlawful conduct.
“The CS encouraged the unlawful use of force in his initial comments and should have known that he was citing outdated and unconstitutional legal provisions when trying to justify his remarks,” the petition reads.
The petitioners argue that Murkomen’s conduct violates Article 33 of the Constitution, which protects freedom of expression but expressly excludes incitement to violence, hate speech, and advocacy for ethnic hatred.
They also cite breaches of Article 10 (national values and principles) and Chapter Six, which governs leadership and integrity.
Push for Accountability
The petition calls on the court to declare Murkomen unfit to hold public office and to hold him personally accountable for any injuries or deaths resulting from police actions taken from June 26, 2025, onward — a day after his alleged directive.
The move comes in the wake of widespread public outrage following Murkomen’s televised remarks in which he appeared to endorse the use of lethal force against protesters.
Though the CS has since issued a statement backtracking on the comments and affirming that police must act within the law, the damage appears to have already been done.
“The right to life and the right to peaceful assembly are not optional,” said KHRC Executive Director Davis Malombe. “No Cabinet Secretary should be allowed to trample on constitutional freedoms with impunity.”
Mounting Political and Legal Pressure
The legal petition adds to the growing political storm surrounding Murkomen.
A motion has already been filed in Parliament by a section of MPs pushing for his ouster, while the Law Society of Kenya (LSK) has called for his delisting from the Roll of Advocates for violating his professional oath and ethical obligations.
LSK President Faith Odhiambo said the remarks “exposed citizens to unlawful violence” and warned police officers that obeying such orders would not shield them from individual criminal liability.
Murkomen, a lawyer by training and former Senate Majority Leader, has been at the centre of the government’s controversial crackdown on recent protests, which have left dozens dead and scores injured.
President William Ruto has distanced himself from the shoot-to-kill directive, instead ordering investigations into the protest deaths and directing police to uphold the law in managing demonstrations.
