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Interior Cabinet Secretary Kipchumba Murkomen has sparked mixed reactions following his remarks advising police officers to use their firearms if attacked or confronted by criminals.
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Speaking during a graduation ceremony at the Border Police Training Campus in Kanyonyo, Kitui County on Friday, Murkomen clarified that his comments were not an endorsement of abuse of power by security agencies, insisting officers are trained to act within the law.
“We have not instructed police to misuse their weapons. We are simply reminding them to prioritize their safety — and they understand their responsibilities well,” he said.
The Ministry of Interior later issued a statement dismissing claims that the CS had given a blanket “shoot-to-kill” directive.
“He urged officers to remain vigilant when confronted by criminals or when their stations come under attack,” the statement clarified.
The law allows police to use reasonable force to safeguard lives and property, whether public or private, and to protect themselves and others during dangerous incidents.
“It is no longer a right to demonstrate when individuals or criminals deviate from peaceful protests and engage in lawlessness,” the ministry noted, adding that the National Police Service Act (2011) provides clear guidelines on firearm use in life-threatening situations.
The Act stipulates that officers should first attempt peaceful means such as verbal warnings before resorting to force. The use of firearms is permitted only if their lives or those of citizens are under immediate threat, in cases of violent robberies, mob attacks, or to prevent dangerous criminals from escaping custody.
These provisions align with both the National Police Service Act and Article 18 of the Penal Code, which allow the use of force to apprehend suspects involved in serious crimes, including murder or armed robbery.
“Murkomen’s comments should not be misconstrued as supporting extrajudicial killings, but as a reminder that officers have the legal right to defend themselves and others when faced with imminent danger,” the ministry added.
Officials stressed the need to maintain law and order, particularly during chaotic protests or riots, while respecting human rights. They also called on citizens to maintain trust in state security agencies, even during challenging times.
The ministry reiterated that the government remains the sole authority responsible for ensuring national security and protecting all citizens, regardless of status, background, or political beliefs.
While the right to peaceful assembly is protected by the Constitution, officials emphasized that violent protests, looting, or destruction of property fall outside constitutional protections.
In response, the Law Society of Kenya (LSK) condemned Murkomen’s remarks, describing them as dangerous and likely to fuel extrajudicial killings.
LSK President Faith Odhiambo dismissed the CS’s authority to issue operational orders to the police, warning officers against misusing their firearms under any unlawful directive.
“The Cabinet Secretary has no legal mandate to issue such orders,” she stated, adding that any abuse of force or extrajudicial killings arising from illegal instructions would be considered deliberate crimes.
The LSK issued a stern warning to the National Police Service, reminding them they are legally prohibited from acting on unconstitutional and unlawful directives, including any form of “shoot-to-kill” order.
