Interior Cabinet Secretary Kipchumba Murkomen has come out to explain why the government has not taken any action following the death of Albert Ojwang. His explanation comes after growing public outcry demanding that he and the government intervene in the matter.
Many Kenyans believed that, as the CS for Interior, Murkomen should take responsibility for such a serious issue involving public security.
Speaking before the Senate on Wednesday, June 11, Murkomen pointed to Article 245(4) of the Constitution to explain the legal limits of his role and that of the Executive when it comes to police investigations.
He emphasized that according to the Constitution, neither he nor any member of the Executive has the authority to direct the Inspector General of Police on how to investigate a specific crime. The law also bars him from telling the police who to arrest or how to enforce the law in particular cases.
Murkomen further explained that the Constitution was designed to ensure that key institutions like the National Police Service (NPS) remain independent and free from political interference.
He added that, under the current legal framework, he cannot make decisions regarding the hiring, promotion, suspension, or firing of police officers within the NPS. These rules were put in place to protect the integrity and professionalism of the police service.
“My role is strictly guided by the law. I can only offer policy directions in writing and help the police by providing the necessary resources and support, but I cannot interfere in their operational work,” Murkomen told the Senate.
He clarified that the responsibility of investigating matters such as the death of Albert Ojwang lies with independent investigative bodies. In particular, he pointed to the Independent Police Oversight Authority (IPOA) as the agency tasked with looking into such incidents.
According to Murkomen, it is not the job of the Interior Ministry to carry out criminal investigations, and doing so would go against the principles of the Constitution.
In summary, Murkomen said that while he understands the public’s frustration and demand for justice in the Ojwang case, he is legally limited in what he can do.
He urged Kenyans to allow the proper investigative bodies to do their work independently, and assured them that the government would continue to support these institutions through resources and policy guidance.
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