NAIROBI, Kenya – The Law Society of Kenya (LSK) has issued a stinging rebuke of Interior Cabinet Secretary Kipchumba Murkomen, accusing him of issuing and endorsing an illegal shoot-to-kill policy during the June 25 nationwide demonstrations.
In a statement dated June 27, 2025, LSK President Faith Odhiambo called Murkomen’s remarks “reckless, insensitive, and a betrayal of constitutional principles,” warning that any police officer who acts on such an unlawful order would be held personally criminally liable.
“We are disenchanted that a sworn Advocate of the High Court and member of the Law Society is capable, in good conscience, of not only encouraging belligerence by the police but also congratulating it,” said Odhiambo.
Murkomen has come under heavy criticism for comments he made appearing to defend the excessive use of force by police during the recent youth-led protests.
While addressing the conduct of police, he allegedly praised their aggressive response and suggested that armed officers were justified in using deadly force against civilians under certain circumstances.
But the LSK has firmly rejected that position, calling it “ultra vires, illegal and unconstitutional.”
“Contrary to Mr. Murkomen’s perilous and legally impotent declarations, the use of lethal force by police is restricted only to extraordinary circumstances involving imminent threats to life,” said the Society.
The LSK cited Section 61 of the National Police Service Act, which strictly outlines the conditions under which firearms may be used. Even then, every discharge of a weapon must be reported and reviewed.
The Society reminded Murkomen, who is himself a lawyer and former legislator, that he is bound by Chapter Six of the Constitution on leadership and integrity, as well as by his oath as an Advocate of the High Court.
“The proposition that extrajudicial killings are acceptable and that the government supports them is a dereliction of duty and an outright contradiction of constitutional principles,” the LSK stated.
The LSK further warned the National Police Service against acting on Murkomen’s comments, stating that the Cabinet Secretary has no legal authority to issue operational directives to the police.
“Any officer found engaging in such criminal conduct will be prosecuted in their individual capacity. The Inspector-General must dissuade officers from abandoning their oath based on illegal directives,” the statement added.
The LSK also defended its neutrality amid criticism that it had taken a political stance during the protests.
The society said it has always acted in fidelity to the Constitution, the rule of law, and public interest—not partisan politics.
“This is neither a political enterprise, nor a novel undertaking. It has been the Society’s role since its inception, and it will remain its impregnable resolve in favour of the people of Kenya,” Odhiambo said.
The LSK concluded by urging the youth to continue exercising their democratic rights peacefully, while vowing to remain vigilant in defending human rights, the Constitution, and the rule of law.
