The High Court on Wednesday declined to issue any interim orders in a case seeking to have Interior Cabinet Secretary Kipchumba Murkomen declared unfit to hold public office over his controversial 'shoot to kill' remarks.
The court, sitting at the Milimani Law Courts, instead directed that the matter be mentioned on October 27, 2025, before Justice Bahati Mwamuye for further directions.
The case was filed by the Gema Watho Association, which wants the court to bar Murkomen from holding any public office, accusing him of issuing unconstitutional directives following the recent anti-government protests.
In their court papers, the association accused the CS of violating constitutional principles on the right to life and dignity by urging police to shoot any protesters who storm a police station.
They warned that such remarks, made in the wake of the June 25 demonstrations, could embolden police officers to carry out extrajudicial killings and violate established protocols on use of force.
The petitioners further argued that the directive contravened Article 26 of the Constitution, which protects the right to life and prohibits arbitrary deprivation of life by state actors.
The group listed EACC, the National Police Service, Inspector General of Police Douglas Kanja, the Law Society of Kenya (LSK), Independent Policing Oversight Authority (IPOA), and the Kenya National Commission on Human Rights (KNCHR) as interested parties in the case.
The CS has faced mounting criticism over remarks he made on June 26, where he blamed police leniency for the growing lawlessness that saw offenders storm police stations and loot firearms.
Murkomen voiced frustration with a justice system he said routinely releases repeat offenders on lenient bond terms, allowing them to return and confront law enforcement with impunity.
“We have directed the police that anyone who dares approach a police station with offensive intent, shoot them,” Murkomen directed.
Among those who slammed Murkomen were Orange Democratic leader Raila Odinga. Speaking at a church service in his hometown of Bondo on June 29, the former prime minister denounced Murkomen's remarks, claiming that they nearly amounted to state officials acting lawlessly.
According to Raila, not only was a shoot-to-kill order unconstitutional, but it could further erode the public's confidence in law enforcers.
"Anybody giving instructions to a police officer to shoot anyone who gets near a police station is a big shame. Shame on you," Raila said.
He added, "We should not encourage taking away life in a way that is not constitutional. If someone has committed an unlawful act, that person should be subjected to the law and taken to court. If the court finds him guilty, sentence him."
