CS Kipchumba Murkomen at a past session in the National Assembly. A petition has been filed seeking his removal from office for being unfit.
Katiba Institute has led other civil societies in the country in filing a petition at the Milimani High Court, seeking removal from office of Interior Cabinet secretary (CS) Kipchumba Murkomen, citing him unfit to hold public office following his recent controversial remarks of shoot to kill order to police officers.
In the Petition, Katiba Institute, Kenya National Commission of Human Rights (KNCHR) and Independent Medico-Legal Unit, have accused Murkomen of trespassing his duties by involving himself in policing matters, making statements that are unlawful and could incite violence, as well as violating the Constitution.
On June 26, while visiting the torched Kikuyu Courts, Murkomen had asked the police to shoot anyone who approaches the police station, remarks he said were misinterpreted. Murkomen defended himself by quoting the National Police Service Act subsections (c), (d), and (e), which gives the police the authority to use force.
“CS Murkomen has explicitly called on the police to kill Kenyans, falsely claimed that their conduct would be justified under the law and the Constitution, and asserted that the government would defend their unlawful actions,” read the petition.
Murkomen is accused of accused of failing to disclose this fact, misleading the public and law enforcement, and that the specific legal provisions were declared unconstitutional by the High Court in 2022.
According to the petitioners, the CS statement amounts to incitement as articulated in Article 33(2) of the Constitution and violate Articles 10 and 245(2)(b), as well as the Code of Conduct and Ethics for public officers, of the 2010 Constitution of Kenya.
Following Murkomen’s remarks, ODM Party leader Raila Odinga rebuked Murkomen terming the remarks as dangerous that could escalate tension and further extra-judicial killings in the country. Other leaders including former Makueni governor Kivutha Kibwana expressed his regret for being Murkomen’s teacher of law.
The petition comes Nairobi based activist Kepha Ojijo filed for a motion to remove Murkomen and Deputy President Kithure Kindiki from Roll of Advocates, following their remarks on police brutality during June 25 anniversary protests by Gen Zs in the country.
