Transport Cabinet Secretary Kipchumba Murkomen has come under intense criticism following remarks perceived as encouraging police to shoot civilians who approach police stations with criminal intent. The Law Society of Kenya (LSK) has led the public backlash, terming the directive reckless, illegal, and likely to embolden extrajudicial killings.
Speaking at the Deputy County Commissioner’s office in Kikuyu, Kiambu County, Murkomen told residents that police had been directed to shoot anyone attempting to storm police stations. “Na tumeambia polisi mtu yeyote atakaribia police station piga yeye risasi,” he stated, prompting an immediate rejection from the public, who responded with jeers.
Murkomen further justified the statement by questioning whether those attempting to steal firearms should be treated leniently. “Mtu mwenye anaenda kuiba bunduki, abembelezwe?” he asked, to which the crowd shouted back, “Shika yeye.” He added, “Bunduki sio mandazi!”
However, the LSK swiftly responded with a strongly worded statement from its president, Faith Odhiambo, asserting that Murkomen had no legal authority to issue operational orders to the police. “The Cabinet Secretary has no authority under the law to issue such an order,” Odhiambo emphasized.
The LSK warned that any unjustified or disproportionate use of force by the police would be considered a premeditated criminal act. The lawyers’ body also urged the National Police Service not to act upon the directive, describing it as “ultra vires, illegal, and unconstitutional.”
Following the widespread condemnation, Murkomen attempted to clarify his remarks during a graduation ceremony at the Border Police Training Campus in Kanyonyo, Kitui County. He stated that his comments had been misunderstood and that law enforcement officers are well-trained and fully aware of the legal limits regarding the use of force. “Hatujasema itumiwe kiholela… polisi mwenye maisha yake iko hatarini na anaambiwa ukitumia utashtakiwa,” he clarified.
Kenyan law, under the sixth schedule of the National Police Service Act, outlines that firearms should only be used when absolutely necessary and after all other means have been exhausted underscoring the illegality of a blanket “shoot on sight” policy.
