NAIROBI, Kenya — Katiba Institute has moved to court to challenge a government directive governing police use of force and firearms, arguing that it is unconstitutional and issued outside the law.
In a constitutional petition filed at the High Court, the institute is contesting Policy Directive No. 1 of 2025, issued on July 18, 2025, by Interior Cabinet Secretary Kipchumba Murkomen to Inspector General of Police Douglas Kanja.
The case, registered as HCCHRPET/E275/2026, raises fundamental questions about the limits of executive authority, police accountability, and the constitutional framework governing the use of force by law enforcement.
Through its counsel, Kevin Walumbe, Katiba Institute argues that the Cabinet Secretary acted ultra vires by issuing a directive instead of regulations, as required under the National Police Service Act.
“The law provides for regulations developed in consultation with the Inspector General and relevant stakeholders, not unilateral directives,” Walumbe contends in court filings.
Constitutional Challenge
The petition asserts that the directive lacks a proper legal foundation and violates multiple provisions of the Constitution, including Articles 1 on sovereignty of the people, 10 on national values and principles of governance, 27 on equality and freedom from discrimination, and 37 on the right to assemble and demonstrate.
It also cites Articles 50 on fair hearing, 153(4)(a) on ministerial accountability, 156(4) on the role of the Attorney General, and 232(1)(d) on public service values, particularly accountability and transparency.
Katiba Institute argues that regulating the use of force—especially firearms—requires a clear, consultative, and legally grounded framework due to its direct implications on the right to life, dignity, and public order.
Reliefs Sought
The organisation is asking the High Court to declare the directive unconstitutional and nullify it in its entirety.
It further seeks orders compelling the Cabinet Secretary and the Inspector General to develop lawful regulations governing police use of force and firearms within 60 days, in line with statutory requirements.
The petition comes amid heightened public scrutiny over policing practices, including allegations of excessive force, delayed response, and weak accountability mechanisms—issues that have featured prominently in parliamentary oversight debates.
The High Court has directed all parties to file responses and submissions ahead of a scheduled mention on May 19, 2026, when further directions will be issued.
The outcome is expected to shape the legal and policy framework governing police conduct, particularly as Kenya approaches a politically sensitive pre-election period ahead of the 2027 General Election.
