NAIROBI, Kenya — The Kenya National Commission on Human Rights (KNCHR) has condemned a “shoot-to-kill” directive reportedly issued by Coast Regional Police Commander Ali Nuno, terming it unconstitutional and a threat to the Bill of Rights.
In a statement released Wednesday, KNCHR Chairperson Claris Ogangah said while the State has a duty to maintain law and order, it must do so within constitutional limits.
The directive, issued on February 7, 2026, followed a surge in violent crime across Mombasa, Kilifi, and Kwale counties linked to machete-wielding juvenile gangs, including the so-called “Panga Boys.”
“The Commission stands in solidarity with the victims of these crimes and reaffirms that every Kenyan has the right to freedom and security of the person as guaranteed under Article 29 of the Constitution,” Ogangah said.
However, she warned that a blanket order to use lethal force violates Article 244(c) of the Constitution, which requires the National Police Service (NPS) to comply with constitutional standards of human rights and fundamental freedoms in carrying out its mandate.
“A ‘shoot-to-kill’ order is a violation of the Constitution of Kenya,” Ogangah stated, adding that such directives undermine Articles 26, 48, and 50, which protect the right to life, access to justice, and fair trial.
Article 26 guarantees every person the right to life, while Article 50 entrenches the right to a fair hearing. Article 48 obligates the State to ensure access to justice for all persons.
KNCHR argued that summary executions bypass judicial processes and erode democratic safeguards.
“Summary executions are a hallmark of a lawless State and have no place in a modern democracy like Kenya,” the Commission said.
The watchdog cautioned that such directives could encourage profiling and extrajudicial killings, particularly targeting youth in informal settlements.
It warned that replacing professional policing with “State-sanctioned violence” would erode public trust and damage institutional accountability.
KNCHR called on the Inspector-General of Police to publicly clarify the official position of the National Police Service regarding the directive.
It also urged the Coast Regional Police Commander to immediately withdraw the order and publicly commit to upholding Article 244(c).
The statement comes amid growing national debate over the balance between security operations and constitutional safeguards. Kenya’s Constitution, adopted in 2010, restructured policing institutions to enhance accountability following decades of abuse linked to excessive use of force.
KNCHR said it remains ready to work with the police to promote rights-based policing and will monitor developments closely.
The Commission warned it would pursue legal action on behalf of any person harmed as a result of the directive.
Members of the public are urged to report human rights violations through KNCHR’s SMS line 22359, email complaint@knchr.org, WhatsApp 0798 849 871, or toll-free line 0800 720 627.
