High Court fails tails to issue an order declaring CS Kipchumba Murkomen unfit to hold office. Photo: Kipchumba Murkomen X.
The High Court has has declined to issue orders stopping a petition filed declaring Interior Cabinet Secretary Kipchumba Murkomen unfit to hold public office.
The petition was filed following his remarks giving police a shoot to kill order of any protester approaching a police station during protest.
The Courts has instead set October 27 for the mention of the case, which will be presided by High Court Judge Justice Bahati Mwamuye.
The petition filed by Gema Watho Association is calling for Murkomen to publicly denounce his directive of shoot on sight, accusing him of massive violation of the Constitution, and promoting impunity in the police force.
According to the petitioners, remarks made by CS after June 25 anniversary protests could see the country witness a surge in extra-judicial killings.
“The utterance was made in Kikuyu Town, an urban and populous area, and was therefore understood by a wide cross-section of the public as setting a dangerous precedent for the treatment of civilians near police facilities,” read the Court document.
Gema Watho Association further argues that the directive to shoot anyone approachig a police station, amounts to violation of the Right to Life, which is protected in Article 26 of the 2010 Constitution.
They further argue that the directive against unarmed civilians fail to meet constitutional thresholds for use of force by police officers. Murkomen has since not responded, but has appointed lawyer Cecil Miller to represent him in the case.
Additionally, the Association has sued not only sued Murkomen but also, Ethics and Anti-Corruption Commission (EACC), Inspector General of Police (IG) Douglas Kanja, National police Service (NPS), the Independent Policing Oversight Authority (IPOA), and the Kenya National Commission on Human Rights. It has also listed the Law Society of Kenya (LSK) and the Mount Kenya Jurists Party as interested parties.
The petition is among another filed case received by LSK, requesting removal of Murkomen and Deputy President Kithure Kindiki from the Roll of Advocate, following their link to violence protests in the country.
The petitioner Kepha Ojijo accuses the two of gross misconduct and violations of the Advocates’ Code of Conduct, stemming from their tenure as Cabinet Secretaries in charge of Interior and National Administration.
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