Katiba Institute, KHRC Petition Court to Declare CS Murkomen Unfit for Office

A petition has been filed at the High Court seeking to remove Interior Cabinet Secretary Kipchumba Murkomen from office.

The petition, filed by the Katiba Institute, the Kenya Human Rights Commission (KHRC), the Independent Medico-Legal Unit (IMLU) and other civil society organisations on July 2, argues that Murkomen is unfit to hold public office following his 'shoot-to-kill orders.' 

"The petition alleges that these comments constitute incitement to violence and unlawful acts and amount to unacceptable ethical conduct required of a public officer. The petition asks the court to find that the CS, as a public officer, is not fit to hold public office," the organisations said in a joint statement.

The petition references a 2022 High Court ruling that rejected the notion that the use of firearms is appropriate to protect property when less inappropriate means are available, as is the case in the context of peaceful protests.

Another argument made is that Murkomen's remarks are considered incitement under Article 33 of the Constitution and unethical conduct under Article 10 and Chapter VI of the Constitution.

This, the petition argued, is because the CS encouraged the unlawful use of force in his initial comments and should have known that he was citing outdated and unconstitutional legal provisions when trying to justify his remarks.

Lastly, the lobby group sought to have the CS held responsible for any individuals who lose their lives or are injured from June 26, 2025, at the hands of any police officers following his orders.

On June 26, the CS is recorded directing police officers to shoot anyone approaching a police station or endangering the life of a police officer, promising that the government would protect them.

Following the remarks, the CS received backlash from all ends of the political divide, lawyers and activists, who termed the remarks as reckless at a time when arbitrary civilian shootings by police officers are on the rise.

Justifying his comments, Murkomen claimed that his words were taken out of context, and he only meant for police officers to defend themselves from threats of serious bodily harm or death and protect property or the lives of other civilians.

This is just the latest of the legal hurdles the CS has had to contend with since making the comments, as on June 30, a Kenyan man filed a petition with the Law Society of Kenya seeking to have him and the Deputy President, Kithure Kindiki, struck from the advocates' roll.

The petitioner argued that the two had violated the Constitution of Kenya as well as the oaths of office they swore to uphold and protect human rights and constitutional principles.